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Arkansas General Assembly· HB 1320Notification that HB1320 is now Act 626

An act TO AMEND THE BEHAVIORAL HEALTH CRISIS 10 INTERVENTION PROTOCOL ACT OF 2017, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Arkansas General Assembly, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
Stricken language would be deleted from and underlined language would be added to present law.

1 State of Arkansas                           A Bill
2 95th General Assembly

3 Regular Session, 2025                                      HOUSE BILL 1320

4

5 By: Representatives Wooldridge, L. Johnson

6 By: Senator C. Tucker

7

8                        For An Act To Be Entitled

9   AN ACT TO AMEND THE BEHAVIORAL HEALTH CRISIS

10  INTERVENTION PROTOCOL ACT OF 2017; TO PROHIBIT LIMITS

11  ON UTILIZATION CRITERIA UNDER THE BEHAVIORAL HEALTH

12  CRISIS INTERVENTION PROTOCOL ACT OF 2017; TO AMEND

13  THE DEFINITION OF "HEALTHCARE PROVIDER" UNDER THE

14  PATIENT PROTECTION ACT OF 1995; TO MODIFY THE

15  DEFINITION OF "HEALTHCARE PROVIDER" AS USED UNDER THE

16  ANY WILLING PROVIDER LAWS; TO REGULATE CRISIS

17  STABILIZATION UNITS AND HEALTHCARE INSURERS; TO

18  PROHIBIT CERTAIN PRIOR AUTHORIZATIONS FOR CRISIS

19  STABILIZATION UNITS UNLESS AUTHORIZED BY THE

20  INSURANCE COMMISSIONER; AND FOR OTHER PURPOSES.

21

22

23                                            Subtitle

24                       TO AMEND THE LAW CONCERNING CRISIS

25                       STABILIZATION UNITS AND HEALTHCARE

26                       INSURERS.

27

28 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:

29

30  SECTION 1. Arkansas Code � 20-47-813 is amended to read as follows:

31  20-47-813. Rulemaking authority Rules.

32  (a) The Department of Human Services is authorized to utilize

33 rulemaking in order to properly implement the provisions of this subchapter

34 concerning the certification of a nonhospital crisis stabilization unit.

35  (b) The department shall not promulgate a rule concerning utilization

36 criteria that limits access to crisis stabilization units unless the rule is

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1 adopted in conjunction with the Insurance Commissioner.

2

3   SECTION 2. Arkansas Code � 23-99-203(d), concerning the definition of

4 "healthcare provider" under the Patient Protection Act of 1995, is amended to

5 add an additional subdivision to read as follows:

6              (31) Crisis stabilization units.

7

8   SECTION 3. Arkansas Code � 23-99-802(4), concerning the definition of

9 "healthcare provider" as used under the any willing provider laws, is amended

10 to add an additional subdivision to read as follows:

11             (GG) Crisis stabilization units.

12

13  SECTION 4. Arkansas Code Title 23, Chapter 99, is amended to add an

14 additional subchapter to read as follows:

15

16             Subchapter 19 -- Crisis Stabilization Units

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18  23-99-1901. Definitions.

19  As used in this subchapter:

20             (1) "Crisis stabilization unit" means the same as defined in �

21 20-47-803;

22             (2)(A) "Health benefit plan" means any individual, blanket, or

23 group plan, policy, or contract for healthcare services issued or delivered

24 by a healthcare insurer in this state.

25             (B) "Health benefit plan" includes a nonfederal self-

26 funded governmental plan.

27             (C) "Health benefit plan" does not include a plan that

28 includes only dental benefits or eye and vision care benefits;

29             (3)(A) "Healthcare insurer" means an entity that:

30             (i) Is subject to state insurance regulation,

31 including without limitation an insurance company, a health maintenance

32 organization, a hospital and medical service corporation, a risk-based

33 provider organization, and a sponsor of a nonfederal self-funded governmental

34 plan; or

35             (ii) Has subscribers in this state.

36             (B) "Healthcare insurer" includes Medicaid if Medicaid

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1 services are managed or reimbursed by a healthcare insurer.

2           (C) "Healthcare insurer" does not include:

3                          (i) A workers' compensation plan; or

4                          (ii) An entity that provides only dental benefits or

5 eye and vision care benefits;

6           (4) "Healthcare provider" means:

7           (A) A doctor of medicine, a doctor of osteopathy, or

8 another licensed healthcare professional acting within the healthcare

9 professional's licensed scope of practice; or

10          (B) A healthcare facility licensed in the state where the

11 facility is located to provide healthcare services;

12          (5) "Healthcare service" means a healthcare procedure,

13 treatment, or service provided by a healthcare provider; and

14          (6) "Medicaid" means the state-federal medical assistance

15 program established by Title XIX of the Social Security Act, 42 U.S.C. � 1396

16 et seq.

17

18  23-99-1902. Behavioral or medical management utilization limitations,

19 measures, or controls.

20  (a) Except as provided in subsection (b) of this section, a health

21 benefit plan shall not impose or apply any behavioral or medical management

22 utilization limitations, measures, or controls for healthcare services by a

23 crisis stabilization unit unless the behavioral or medical management

24 limitations, measures, or controls are equivalent to, or consistent with,

25 limitations applied to the same healthcare services by Medicaid.

26  (b) The Insurance Commissioner may authorize behavioral or medical

27 management utilization limitations, measures, or controls for healthcare

28 services by a crisis stabilization unit by rule.

29

30  23-99-1903. Prior authorization or precertification.

31  A health benefit plan shall not require prior authorization or

32 precertification for a healthcare service provided by a crisis stabilization

33 unit unless the healthcare service requires a prior authorization by rule of

34 the Insurance Commissioner.

35

36  23-99-1904. Rules.

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1   The Insurance Commissioner may promulgate rules to implement this

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