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 As Engrossed: H2/10/25 H4/1/25
2 95th General Assembly
A Bill
3 Regular Session, 2025 HOUSE BILL 1426
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5 By: Representative L. Johnson
6 By: Senator Irvin
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8 For An Act To Be Entitled
9 AN ACT TO AMEND THE HEALTHCARE CONTRACTING
10 SIMPLIFICATION ACT; TO MODIFY THE DEFINITION OF
11 "HEALTHCARE INSURER" UNDER THE HEALTHCARE CONTRACTING
12 SIMPLIFICATION ACT; TO CLARIFY THE PROHIBITION ON
13 LEASING A HEALTHCARE CONTRACT OR PROVIDER NETWORK;
14 AND FOR OTHER PURPOSES.
15
16
17 Subtitle
18 TO AMEND THE HEALTHCARE CONTRACTING
19 SIMPLIFICATION ACT.
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21 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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23 SECTION 1. Arkansas Code � 23-99-1202(7), concerning the definition of
24 "health insurer" under the Healthcare Contracting Simplification Act, is
25 amended to read as follows:
26 (7)(A) "Healthcare insurer" means an entity that is subject to
27 state insurance regulation and provides or administers health insurance in
28 this state.
29 (B) "Healthcare insurer" includes:
30 (i) An insurance company;
31 (ii) A health maintenance organization;
32 (iii) A hospital and medical service corporation;
33 (iv) A risk-based provider organization;
34 (v) A sponsor of a nonfederal self-funded
35 governmental plan; and
36 (vi) A dental-only plan; and
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1 (vii) A third-party administrator or other entity
2 acting on behalf of a self-insured health benefit plan;
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4 SECTION 2. Arkansas Code � 23-99-1203(a), concerning the prohibited
5 activities under the Healthcare Contracting Simplification Act, is amended to
6 read as follows:
7 (a) Except as provided in subsections (b) and (d) of this section, a
8 contracting entity shall not:
9 (1) Offer to a healthcare provider a healthcare contract that
10 includes an all-products clause;
11 (2) Enter into a healthcare contract with a healthcare provider
12 that includes an all-products clause; or
13 (3) Amend or renew an existing healthcare contract previously
14 entered into with a healthcare provider so that the healthcare contract as
15 amended or renewed adds or continues to include an all-products clause; or
16 (4) Enforce a stipulation, requirement, or policy that has the
17 effect of an all-products clause whether or not an all-products clause is
18 included in the healthcare contract.
19
20 SECTION 3. Arkansas Code � 23-99-1210 is amended to read as follows:
21 23-99-1210. Healthcare contract or provider network -- Prohibition.
22 (a) A healthcare insurer contracting entity shall not:
23 (1) Lease, rent, or sell a healthcare contract or provider
24 network of a health benefit plan to another contracting entity, healthcare
25 insurer, or third-party administrator; or
26 (2) In any manner allow the use of a healthcare contract or
27 provider network of a health benefit plan by another contracting entity,
28 healthcare insurer, or third-party administrator.
29 (b)(1) A violation of this section is:
30 (A) An unfair trade practice under � 23-66-206; and
31 (B) Subject to the Trade Practices Act, � 23-66-201 et
32 seq.
33 (2) If a healthcare contract contains a provision that violates
34 this section, then the provision under the healthcare contract is void.
35 (c) This section does not apply if:
36 (1) a healthcare insurer: A contracting entity is a dental-only
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1 plan and
2 (1) Grants grants access to the healthcare insurer's contracting
3 entity's provider network or healthcare contract to another healthcare
4 insurer or entity that is:
5 (A) An affiliate of the healthcare insurer; or
6 (B) Operating according to the same brand licensee program
7 as the healthcare insurer; or
8 (2) A contracting entity:
9 (2)(A) Provides notice of the intent to lease, rent, or
10 sell a healthcare contract or provider network of a health benefit plan to
11 another healthcare insurer or third-party administrator;
12 (3)(B) Allows a healthcare provider that is a party to the
13 healthcare contract or provider network of a health benefit plan the
14 opportunity to opt out of participating in the:
15 (A)(i) Proposed lease, rental, or sale of a
16 healthcare contract or provider network of a health benefit plan entirely
17 upon the execution or renewal of the healthcare contract; and
18 (B)(ii) Lease, rental, or sale of a healthcare
19 contract with respect to an individual contracting entity, healthcare
20 insurer, or third-party administrator upon notice that the individual
21 contracting entity, healthcare insurer, or third-party administrator has
22 violated the terms of the healthcare contract; and
23 (4)(C) Provides contact information for the healthcare
24 insurer or third-party administrator using the healthcare contract or
25 provider network of a health benefit plan, including without limitation:
26 (A)(i) Contact name;
27 (B)(ii) Mailing address;
28 (C)(iii) Direct telephone number for customer
29 service matters; and
30 (D)(iv) Direct email address for customer service
31 matters.
32 (d) Subdivision (c)(2)(B) of this section does not apply if a
33 contracting entity grants access to the contracting entity's provider network
34 or healthcare contract to another healthcare insurer or contracting entity
35 that is:
36 (1) An affiliate of the healthcare insurer; or
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1 (2) Operating according to the same brand licensee program as
2 the healthcare insurer.
3
4 SECTION 4. Arkansas Code Title 23, Chapter 99, Subchapter 12, is
5 amended to add an additional section to read as follows:
6 23-99-1211. Waiver prohibited.
7 (a) This subchapter shall not be waived by contract.
8 (b) A contractual arrangement or action taken in conflict with this
9 subchapter or that purports to waive a requirement of this subchapter is
10 void.
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12 /s/L. Johnson
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4 04-01-2025 14:27:51 ANS074Every fact on this page links to its source, starting with the official bill record.