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 SENATE BILL 621
4
5 By: Senator Irvin
6 By: Representative L. Johnson
7
8 For An Act To Be Entitled
9 AN ACT TO AMEND THE TEMPORARY HOSPITAL FACILITY ACT;
10 TO RETROACTIVELY APPLY TO A HEALTHCARE CONTRACT FOR
11 THE BENEFIT OF A TEMPORARY HOSPITAL FACILITY; TO
12 CLARIFY ENFORCEMENT PROVISIONS AGAINST A HEALTHCARE
13 INSURER; TO REQUIRE A HEALTHCARE INSURER TO REIMBURSE
14 A TEMPORARY HOSPITAL FACILITY; TO DECLARE AN
15 EMERGENCY; AND FOR OTHER PURPOSES.
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17
18 Subtitle
19 TO CLARIFY ENFORCEMENT PROVISIONS
20 AGAINST A HEALTHCARE INSURER; TO
21 RETROACTIVELY APPLY TO A HEALTHCARE
22 CONTRACT FOR THE BENEFIT OF A TEMPORARY
23 HOSPITAL FACILITY; AND TO DECLARE AN
24 EMERGENCY.
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26 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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28 SECTION 1. Arkansas Code � 23-99-1404 is amended to read as follows:
29 23-99-1404. Healthcare contract -- Good-faith cooperation.
30 (a) A healthcare insurer shall cooperate in good faith with a
31 temporary hospital facility in timely executing a healthcare contract.
32 (b)(1) A healthcare insurer shall cooperate in good faith as required
33 in under subsection (a) of this section by timely offering a healthcare
34 contract to a temporary hospital facility no later than thirty (30) days
35 following a demand for a healthcare contract by the temporary hospital
36 facility a healthcare contract that is.
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1 (2) A healthcare contract under subdivision (b)(1) of this
2 section shall be reflective of the healthcare insurer's standard and
3 reasonable terms and conditions, including without limitation rates of
4 reimbursement.
5 (c) A healthcare contract shall be effective as of the date the
6 temporary hospital facility is licensed as a hospital by the Department of
7 Health.
8 (d) The time period for a healthcare insurer to respond as stated in �
9 23-99-411 does not apply if the request for a healthcare contract is made by
10 a temporary hospital facility.
11 (e)(1) A healthcare insurer shall reimburse a temporary hospital
12 facility at a rate equal to the rate of a regularly-licensed hospital.
13 (2) Subdivision (e)(1) of this section applies retroactively to
14 the date ambulatory surgery center or other healthcare facility became a
15 temporary hospital facility.
16 (f) Except as provided under � 23-99-1406(b)(2), all remedies,
17 penalties, and authority granted to the Insurance Commissioner under the
18 Trade Practices Act, � 23-66-201 et seq., including the award of restitution
19 and damages, shall be available to the commissioner for the enforcement of
20 this subchapter.
21
22 SECTION 2. Arkansas Code � 23-99-1406 is amended to read as follows:
23 23-99-1406. Applicability.
24 (a) This subchapter shall apply:
25 (1) Retroactively to the date of issuance of the Governor's
26 Executive Order 20-06; and
27 (2) to To any future public health emergencies if the Centers
28 for Medicare & Medicaid Services and the Department of Health have
29 implemented similar programs as described in � 23-99-1402(a)(2).
30 (b)(1) The Insurance Commissioner shall enforce this subchapter.
31 (2) The commissioner shall not waive any provision of this
32 subchapter.
33
34 SECTION 3. DO NOT CODIFY. Severability clause.
35 If any provision of this act or the application of this act to any
36 person or circumstances is held invalid, the invalidity shall not affect
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1 other provisions or applications of this act which can be given effect
2 without the invalid provision of application, and to this end, the provisions
3 of this act are declared severable.
4
5 SECTION 4. EMERGENCY CLAUSE. It is found and determined by the
6 General Assembly of the State of Arkansas that the absence of adequate
7 statutory enforcement of � 23-99-1404 has resulted in arbitrary reimbursement
8 practices for temporary hospital facilities; that temporary hospital
9 facilities are not receiving adequate reimbursement; and that this act is
10 immediately necessary to clarify Arkansas law to require the Insurance
11 Commissioner to enforce this act retroactively. Therefore, an emergency is
12 declared to exist, and this act, being immediately necessary for the
13 preservation of the public peace, health, and safety, shall become effective
14 on:
15 (1) The date of its approval by the Governor;
16 (2) If the bill is neither approved nor vetoed by the Governor,
17 the expiration of the period of time during which the Governor may veto the
18 bill; or
19 (3) If the bill is vetoed by the Governor and the veto is
20 overridden, the date the last house overrides the veto.
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3 04/03/2025 12:14:42 PM ANS426Every fact on this page links to its source, starting with the official bill record.