Bill Summary – FastDemocracy

Stricken language would be deleted from and underlined language would be added to present law.
 State of Arkansas
 94th General Assembly                        A Bill
 Regular Session, 2023                                                             HOUSE BILL 1304
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 By: Representative Ennett
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                                   For An Act To Be Entitled
                AN ACT TO MANDATE COVERAGE FOR PRENATAL VITAMINS; AND
                FOR OTHER PURPOSES.
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                                               Subtitle
                         TO MANDATE COVERAGE FOR PRENATAL
                         VITAMINS.
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 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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        SECTION 1.       Arkansas Code Title 23, Chapter 79, is amended to add an
 additional subchapter to read as follows:
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                     Subchapter 24 — Coverage for Prenatal Vitamins
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        23-79-2401.       Definitions.
        As used in this subchapter:
                (1)(A)       “Health benefit plan” means an individual, blanket, or
 group plan, policy, or contract for healthcare services issued, renewed, or
 extended in this state by a healthcare insurer, health maintenance
 organization, hospital medical service corporation, or self-insured
 governmental or church plan in this state.
                         (B)   “Health benefit plan” includes:
                                (i)     The Arkansas Health and Opportunity for Me
 Program established by the Arkansas Health and Opportunity for Me Act of
 2021, § 23-61-1001 et seq.;
                                (ii)    Indemnity and managed care plans; and
                                (iii)     Plans providing health benefits to state and
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 public school employees under § 21-5-401 et seq.
                     (C)   “Health benefit plan” does not include:
                           (i)     A plan that provides only dental benefits or eye
 and vision care benefits;
                           (ii)     A disability income plan;
                           (iii)    A credit insurance plan;
                           (iv)     Insurance coverage issued as a supplement to
 liability insurance;
                           (v)     Medical payments under an automobile or
 homeowners insurance plan;
                           (vi)     A health benefit plan provided under Arkansas
 Constitution, Article 5, § 32, the Workers' Compensation Law, § 11-9-101 et
 seq., or the Public Employee Workers' Compensation Act, § 21-5-601 et seq.;
                           (vii)    A plan that provides only indemnity for
 hospital confinement;
                           (viii)     An accident-only plan; or
                           (ix)     A specified disease plan;
            (2)(A)     "Healthcare insurer" means any insurance company,
 hospital and medical service corporation, or health maintenance organization
 that issues or delivers health benefit plans in this state and is subject to
 any of the following laws:
                           (i)     The insurance laws of this state;
                           (ii)     Section 23-75-101 et seq., pertaining to
 hospital and medical service corporations; or
                           (iii)    Section 23-76-101 et seq., pertaining to
 health maintenance organizations.
                     (B)   "Healthcare insurer" does not include an entity that
 provides only dental benefits or eye and vision care benefits;
            (3)   "Healthcare professional" means a person who is licensed,
 certified, or otherwise authorized by the laws of this state to administer
 health care in the ordinary course of the practice of his or her profession;
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            (4)   "Prenatal vitamins" means a supplement that is used to
 provide necessary nutrition and minerals during pregnancy.
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       23-79-2402.    Coverage for prenatal vitamins.
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      (a)   A health benefit plan that is offered, issued, or renewed in this
 state shall provide coverage for prenatal vitamins prescribed by a healthcare
 professional on or after January 1, 2024.
      (b)   The coverage for prenatal vitamins under this section:
            (1)    May be subject to policy deductibles or copayment
 requirements of a healthcare insurer; and
            (2)    Does not diminish or limit benefits otherwise allowable
 under a health benefit plan.
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      23-79-2403.    Rules.
      (a)   The Insurance Commissioner shall develop and promulgate rules for
 the implementation and administration of this subchapter.
      (b)   The State Board of Finance may develop and promulgate rules for
 the administration of this subchapter for the plans providing health benefits
 to state and public school employees under § 21-5-401 et seq.
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      SECTION 2.    DO NOT CODIFY. Rules.
      (a)   When adopting the initial rules required under this act, the
 Insurance Commissioner shall file the final rules with the Secretary of State
 for adoption under § 25-15-204(f):
            (1)    On or before January 1, 2024; or
            (2)    If approval under § 10-3-309 has not occurred by January 1,
 2024, as soon as practicable after approval under § 10-3-309.
      (b)   The commissioner shall file the proposed rules with the
 Legislative Council under § 10-3-309(c) sufficiently in advance of January 1,
 2024, so that the Legislative Council may consider the rules for approval
 before January 1, 2024.
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