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 1859
4
5 By: Representatives Rose, Achor, D. Garner, Hudson
6 By: Senators J. Bryant, G. Leding
7
8 For An Act To Be Entitled
9 AN ACT TO AMEND THE LAW CONCERNING MASTECTOMIES; AND
10 FOR OTHER PURPOSES.
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13 Subtitle
14 TO AMEND THE LAW CONCERNING
15 MASTECTOMIES.
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17 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
18
19 SECTION 1. Arkansas Code � 23-99-405 is amended to read as follows:
20 23-99-405. Mastectomies.
21 (a) Every health benefit plan providing mastectomy benefits and issued
22 or renewed after July 16, 2003, shall conform with the requirements of the
23 Women's Health and Cancer Rights Act of 1998, 42 U.S.C. �� 300gg-6 and 300gg-
24 52, as it existed on January 1, 2003 January 1, 2025.
25 (b) To the extent the requirements of this section do not conflict
26 with federal law, rules, or regulations, each healthcare insurer providing
27 mastectomy benefits in a health benefit plan shall provide, in a manner
28 determined in consultation with the attending physician and the enrollee or
29 insured:
30 (1) For medical and surgical benefits for any hospital stay in
31 connection with a mastectomy for not less than forty-eight (48) hours unless
32 the decision to discharge the patient before the expiration of the minimum
33 length of stay is made by an attending physician in consultation with the
34 enrollee or insured;
35 (2) The following medical and surgical benefits with respect to
36 mastectomy coverage if an enrollee or insured receives benefits in connection
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1 with a mastectomy and elects breast reconstruction:
2 (A) Surgery and reconstruction of the breast on which the
3 mastectomy has been performed;
4 (B) Surgery and reconstruction of the other breast to
5 produce a symmetrical appearance; and
6 (C) Prostheses and coverage for physical complications at
7 all stages of a mastectomy, including lymphedemas; and
8 (3) Written notice of the availability of coverage under this
9 section to the enrollee or insured upon enrollment and annually thereafter;
10 and
11 (4)(A) Medical and surgical benefits for:
12 (i) Artificial or biological mesh used to support
13 tissue; and
14 (ii) A nerve graft to preserve or restore nerve
15 function.
16 (B) A healthcare insurer, health benefit plan, or group
17 health plan shall reimburse a healthcare provider for the supplies required
18 for the healthcare services provided under subdivision (b)(4)(A) of this
19 section at a rate equal to or greater than one hundred percent (100%) of the
20 healthcare provider's acquisition cost.
21 (c) No healthcare A healthcare insurer providing mastectomy benefits
22 under this section shall not:
23 (1) Deny an enrollee or insured eligibility or continued
24 eligibility to enroll or renew coverage under the terms of the health benefit
25 plan solely for the purpose of avoiding the requirements of this section; or
26 (2) Penalize, reduce, or limit the reimbursement of an attending
27 provider or induce the provider to provide care in a manner inconsistent with
28 this section.
29 (d) A healthcare insurer or health benefit plan shall cover the
30 healthcare services under this section if the service is performed at a
31 licensed facility, including without limitation:
32 (1) A hospital;
33 (2) A hospital outpatient department; and
34 (3) An ambulatory surgery center.
35 (e) This section does not apply to a plan providing health benefits to
36 state and public school employees under � 21-5-401 et seq.
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1 (f) This section expires on June 30, 2031, unless extended by the
2 General Assembly.
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3 03/19/2025 10:32:07 AM ANS347Every fact on this page links to its source, starting with the official bill record.