Stricken language would be deleted from and underlined language would be added to present law.
Act 645 of the Regular Session
1 State of Arkansas
2 93rd General Assembly A Bill
3 Regular Session, 2021 SENATE BILL 446
4
5 By: Senator Bledsoe
6 By: Representative Vaught
7
8 For An Act To Be Entitled
9 AN ACT TO CLARIFY THE APPLICABILITY OF STEP THERAPY
10 PROTOCOLS; TO AMEND THE DEFINITION OF "HEALTH BENEFIT
11 PLAN" TO INCLUDE INDIVIDUAL QUALIFIED HEALTH
12 INSURANCE PLANS; AND FOR OTHER PURPOSES.
13
14
15 Subtitle
16 TO CLARIFY THE APPLICABILITY OF STEP
17 THERAPY PROTOCOLS; AND TO AMEND THE
18 DEFINITION OF "HEALTH BENEFIT PLAN" TO
19 INCLUDE INDIVIDUAL QUALIFIED HEALTH
20 INSURANCE PLANS.
21
22
23 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
24
25 SECTION 1. Arkansas Code 23-79-2102(4), as enacted by Acts 2021, No.
26 97, and concerning the definition of "health benefit plan" used in the
27 regulation of step therapy protocols, is amended to read as follows:
28 (4)(A) "Health benefit plan" means an individual, blanket, or
29 any group plan, policy, or contract for healthcare services issued, renewed,
30 or extended in this state by a healthcare insurer, health maintenance
31 organization, hospital medical service corporation, or self-insured
32 governmental or church plan in this state.
33 (B) "Health benefit plan" includes:
34 (i) Indemnity and managed care plans; and
35 (ii) Plans providing health benefits to state and
36 public school employees under 21-5-401 et seq.; and
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SB446
1 (iii) Individual qualified health insurance plans
2 under 23-61-1001 et seq.
3 (C) "Health benefit plan" does not include:
4 (i) A disability income plan;
5 (ii) A credit insurance plan;
6 (iii) Insurance coverage issued as a supplement to
7 liability insurance;
8 (iv) Medical payments under an automobile or
9 homeowners' insurance plan;
10 (v) A health benefit plan provided under Arkansas
11 Constitution, Article 5, 32, the Workers' Compensation Law, 11-9-101 et
12 seq., and the Public Employee Workers' Compensation Act, 21-5-601 et seq.;
13 (vi) A plan that provides only indemnity for
14 hospital confinement;
15 (vii) An accident-only plan;
16 (viii) A specified disease plan;
17 (ix) A plan that provides only dental benefits or
18 eye and vision care benefits; or
19 (x) A program or plan authorized and funded under 42
20 U.S.C. 1396a et seq., as it existed on January 1, 2021, as approved by the
21 United States Secretary of Health and Human Services, excluding individual
22 qualified health insurance plans under 23-61-1001 et seq.;
23
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25 APPROVED: 4/12/21
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2 03/01/2021 02:26:22 PM ANS217

Statutes affected:
SB 446: 23-79-2102(4)
Act 645: 23-79-2102(4)