§ 23-99-501. Short title

This subchapter shall be known and may be cited as the “Arkansas Mental Health Parity Act of 2009”.

§ 23-99-502. Legislative findings and intent

It is the intent of this state that if a health benefit plan provides insurance coverage for a mental illness or substance abuse disorder, the treatment of the mental illness or substance abuse disorder shall be as available as and at parity with that for other medical illnesses.

§ 23-99-503. Definitions

As used in this subchapter: (1) “Carve-out arrangement” means an arrangement in which a healthcare insurer contracts with a separate person or entity to arrange for the delivery of specific types of healthcare benefits under a health benefit plan; (2) “Commissioner” means the Insurance Commissioner; (3) “Financial requirements” means copayments, deductibles, out-of-network charges, out-of-pocket contributions […]

§ 23-99-504. Exclusions

This subchapter does not apply to: (1) Dental insurance plans; (2) Vision insurance plans; (3) Specified-disease insurance plans; (4) Accidental injury insurance plans; (5) Long-term care plans; (6) Disability income plans; (7) Individual health benefit plans if the healthcare insurers offer individuals who satisfy the healthcare insurer’s underwriting standards the option of purchasing a plan […]

§ 23-99-505. Increased cost exemption

(a) (1) This subchapter does not apply to a health benefit plan during the health benefit plan’s following health benefit plan year if the application of this subchapter to the health benefit plan in a health benefit plan year resulted in an increase in the actual costs of coverage with respect to medical and surgical […]

§ 23-99-506. Parity requirements

(a) Except as provided in § 23-99-504, a health benefit plan that provides benefits for the diagnosis and treatment of mental illnesses shall provide the benefits under the same terms and conditions as provided for covered benefits offered under the health benefit plan for the treatment of other medical illnesses and conditions, including without limitation: […]

§ 23-99-507. Medical necessity

(a) The criteria for medical necessity determinations for mental illness made under a health benefit plan shall be made available by the healthcare insurer in accordance with rules established by the Insurance Commissioner to any current or potential covered individual or contracting provider upon request. (b) On request, the reason for a denial of reimbursement […]

§ 23-99-508. Permitted provisions

(a) A healthcare insurer may at the healthcare insurer’s option provide coverage for a health service, such as intensive case management, community residential treatment programs, or social rehabilitation programs, that is used in the treatment of mental illnesses but is generally not used for other injuries, illnesses, and conditions if the other requirements of this […]

§ 23-99-509. Applicability

(a) On or after October 3, 2009, this subchapter shall apply to health benefit plans on the health benefit plans’ anniversaries or start dates but in no event later than one (1) year after October 3, 2009. (b) If a health benefit plan provides coverage or benefits to an Arkansas resident, the health benefit plan […]

§ 23-99-510. Rules

The Insurance Commissioner shall enforce this subchapter and shall promulgate necessary rules for carrying out this subchapter.

§ 23-99-511. Enforcement

The Insurance Commissioner shall have all the powers to enforce this subchapter as are granted to the commissioner elsewhere in the Arkansas Insurance Code.

§ 23-99-512. Out-of-network providers

In the case of a health benefit plan that provides both medical benefits and mental illness benefits, if the health benefit plan provides coverage for medical benefits provided by out-of-network providers, the health benefit plan shall provide coverage for mental illness benefits provided by out-of-network providers pursuant to this subchapter.