This Rule is issued pursuant to the authority granted the Arkansas Insurance Commissioner ("Commissioner") under Ark. Code Ann. §§ 23-99-1118, 23-99-1113(a)(2)(A), 23-61-108(a)(1), and 23-61-108(b)(1).
The purpose of this Rule is to implement Act 815 of 2017 of the 91st Arkansas General Assembly, "An Act To Clarify Certain Provisions Of The Prior Authorization Transparency Act (hereafter, the "Prior Authorization Transparency Act").
This Rule applies to all health benefit plans as defined in Ark. Code Ann. § 23-99-1103(7).
Unless otherwise separately defined in this rule, the terms or phrases as used in this rule shall follow the definitions of such terms or phrases as defined in Ark. Code Ann. § 23-99-1103, or as later amended in the Prior Authorization Transparency Act subchapter.
"Benefit Inquiry" means an inquiry by an Arkansas licensed healthcare provider to a utilization review entity related to medical necessity, coverage or payment for prospective healthcare services, including prescription drugs, for an enrolled member of a healthcare plan of the applicable healthcare insurer for services or prescription drugs which are not subject to prior authorization requirements of the utilization review entity.
A utilization review entity shall follow the disclosure requirements under Ark. Code Ann. § 23-99-1104.
For the statistical reporting data required under Ark. Code Ann. § 23-99-1104(d), a utilization review entity shall update the required statistics in the format and manner as required by Ark. Code Ann. § 23-99-1104(d) once each quarter of each year from the effective date of this Rule.
A utilization review entity shall follow the requirements under Ark. Code Ann. § 23-99-1111 related to the required qualifications for persons conducting prior authorization reviews.
A utilization review entity shall follow the provisions in Ark. Code Ann. § 23-99-1109 related to permissible rescissions of prior authorizations.
Nothing in the "Prior Authorization Transparency Act" is intended to prohibit or restrict a utilization review entity from approving a prior authorization request from a healthcare provider in a more expedited time period than the minimums set out in the provisions of the Act or this Rule.
Any utilization review entity responding to a benefit inquiry in which the healthcare provider's billed charge for such services exceeds $1,500.00 shall comply with the Prior Authorization Transparency Act. No utilization review entity shall be required to provide a healthcare provider with a response under the Act if a healthcare plan or policy is not in-force at the time of such inquiry, or in the event that the member is not covered or insured under such plan at the time of such inquiry. A utilization review entity may require the healthcare provider to provide information in the inquiry describing the member or healthcare plan identification to expedite the inquiry.
The effective date of this Rule is February 19, 2018.
054.00.17 Ark. Code R. 004