Said in CommitteeBeta

Exactly as spoken.

Insurance & Commerce- House

March 1, 2023 ·10:00 AM ·Room 149 ·46:24
Video Transcript 1 document

Bills discussed (34)

Bill Title Sponsor Status
HB1020 Act 795 · 2 mentions in agenda, chapter
Matched: “…REVIEW APPROVED BY THE ARKANSAS PUBLIC SERVICE COMMISSION. HB1020 Maddox TO AMEND THE UNIFORM LIMITED LIABILITY COMPANY ACT;…”
TO AMEND THE UNIFORM LIMITED LIABILITY COMPANY ACT; AND TO REVISE CHARGING ORDERS UNDER THE … Maddox Notification that HB1020 is now Act 795
HB1034 · 2 mentions in agenda, chapter
Matched: “…AN EMERGENCY. PENDING FISCAL IMPACT Number Sponsor Subtitle HB1034 Pilkington TO REGULATE THE REIMBURSEMENT RATE OF A BIRTH UN…”
TO REGULATE THE REIMBURSEMENT RATE OF A BIRTH UNDER AN INSURANCE POLICY IN THIS STATE; … Pilkington Recommended for study in the Interim by Joint …
HB1037 · 2 mentions in agenda, chapter
Matched: “…R PRENATAL VITAMINS. DEFERRED BILLS Number Sponsor Subtitle HB1037 Pilkington TO ESTABLISH THE RIGHT TO START PILOT PROGRAM FO…”
TO ESTABLISH THE RIGHT TO START PILOT PROGRAM FOR HEALTHCARE PORTABILITY. Pilkington Recommended for study in the Interim by Joint …
HB1047 · 2 mentions in agenda, chapter
Matched: “…TART PILOT PROGRAM FOR HEALTHCARE PORTABILITY. Page 2 of 3 HB1047 S. Meeks TO AMEND THE ARKANSAS RENEWABLE ENERGY DEVELOPMENT…”
TO AMEND THE ARKANSAS RENEWABLE ENERGY DEVELOPMENT ACT OF 2001; AND TO PROVIDE REQUIREMENTS FOR … S. Meeks WITHDRAWN BY AUTHOR
HB1049 · 2 mentions in agenda, chapter
Matched: “…SIDENTIAL NET- METERING CUSTOMER FOR NET EXCESS GENERATION. HB1049 S. Meeks TO ESTABLISH THE FAIR ACCESS TO FINANCIAL SERVICES…”
TO ESTABLISH THE FAIR ACCESS TO FINANCIAL SERVICES ACT; AND TO PROTECT THE FINANCIAL FREEDOM … S. Meeks Died in House Committee at Sine Die Adjournment
HB1130 · 2 mentions in agenda, chapter
Matched: “…THE FINANCIAL FREEDOM OF ARKANSAS CITIZENS AND BUSINESSES. HB1130 L. Johnson TO CLARIFY THAT A COVENANT NOT TO COMPETE AGREEM…”
TO CLARIFY THAT A COVENANT NOT TO COMPETE AGREEMENT IS UNENFORCEABLE FOR CERTAIN LICENSED MEDICAL … L. Johnson Died in the House at Sine Die Adjournment
HB1160 Act 533 · 2 mentions in chapter, agenda
Matched: “HB1160 Wardlaw TO REGULATE COMPENSATION AND BENEFITS OF PUBLIC OFF…”
TO REGULATE COMPENSATION AND BENEFITS OF PUBLIC OFFICERS AND EMPLOYEES; AND TO CLARIFY SUPERVISION OF … Wardlaw Notification that HB1160 is now Act 533
HB1252 Act 805 · 2 mentions in chapter, agenda
Matched: “HB1252 L. Johnson TO MODIFY THE ARKANSAS HEALTH CARE CONSUMER ACT;…”
TO MODIFY THE ARKANSAS HEALTH CARE CONSUMER ACT; AND TO REQUIRE COVERAGE FOR PROSTHETIC DEVICES … L. Johnson Notification that HB1252 is now Act 805
HB1257 Act 535 · 2 mentions in chapter, agenda
Matched: “HB1257 Achor TO EXPAND ELIGIBILITY FOR COVERAGE UNDER THE STATE AN…”
TO EXPAND HEALTH BENEFIT COVERAGE FOR CERTAIN POLICE OFFICER RETIREES OF MUNICIPALITIES AND COUNTIES. Achor Notification that HB1257 is now Act 535
HB1259 · 2 mentions in chapter, agenda
Matched: “HB1259 L. Johnson TO CREATE THE HEALTHCARE COST-SHARING COLLECTION…”
TO CREATE THE HEALTHCARE COST-SHARING COLLECTIONS ACT. L. Johnson Died in House Committee at Sine Die Adjournment
HB1272 Act 576 · 2 mentions in chapter, agenda
Matched: “HB1272 L. Johnson TO AMEND THE HEALTHCARE CONTRACTING SIMPLIFICATI…”
TO AMEND THE HEALTHCARE CONTRACTING SIMPLIFICATION ACT; AND TO PROHIBIT A HEALTHCARE INSURER FROM LEASING … L. Johnson Notification that HB1272 is now Act 576
HB1273 Act 500 · 2 mentions in chapter, agenda
Matched: “HB1273 L. Johnson TO AMEND THE HEALTHCARE PAYOR IDENTIFICATION CAR…”
TO AMEND THE HEALTHCARE PAYOR IDENTIFICATION CARD ACT; AND TO DEFINE SHORT-TERM, LIMITED-DURATION INSURANCE. L. Johnson Notification that HB1273 is now Act 500
HB1274 Act 501 · 2 mentions in agenda, chapter
Matched: “…HEALTHCARE SERVICES FROM PRIOR AUTHORIZATION REQUIREMENTS. HB1274 L. Johnson TO MODIFY THE PRIOR AUTHORIZATION TRANSPARENCY A…”
TO MODIFY THE PRIOR AUTHORIZATION TRANSPARENCY ACT; AND TO AMEND THE APPEAL PROCESS FOR A … L. Johnson Notification that HB1274 is now Act 501
HB1275 Act 502 · 2 mentions in chapter, agenda
Matched: “HB1275 L. Johnson TO REGULATE ELECTRONIC MEDICAL RECORDS; AND TO P…”
TO REGULATE ELECTRONIC MEDICAL RECORDS; AND TO PROHIBIT A HEALTHCARE PAYOR THAT HAS ELECTRONIC ACCESS … L. Johnson Notification that HB1275 is now Act 502
HB1277 · 2 mentions in agenda, chapter
Matched: “…L RECORDS IN A DIFFERENT FORMAT FROM A HEALTHCARE PROVIDER. HB1277 L. Johnson TO REGULATE A PRUDENT LAY PERSON REVIEW PROCESS…”
TO REGULATE A PRUDENT LAY PERSON REVIEW PROCESS BY AN INSURER; AND TO PROHIBIT THE … L. Johnson Died in House Committee at Sine Die Adjournment
HB1304 · 2 mentions in agenda, chapter
Matched: “…RIPTION DRUGS FROM REGULATION UNDER STEP THERAPY PROTOCOLS. HB1304 Ennett TO MANDATE COVERAGE FOR PRENATAL VITAMINS. DEFERRED…”
TO MANDATE COVERAGE FOR PRENATAL VITAMINS. Ennett Died in House Committee at Sine Die Adjournment
HB1338 Act 288 · 2 mentions in agenda, chapter
Matched: “…STATE AND PUBLIC SCHOOL LIFE AND HEALTH INSURANCE PROGRAM. HB1338 B. McKenzie TO AMEND THE ARKANSAS VIDEO SERVICE ACT; AND TO…”
TO AMEND THE ARKANSAS VIDEO SERVICE ACT; AND TO PROVIDE CLARITY CONCERNING THE USE OF … B. McKenzie Notification that HB1338 is now Act 288
HB1348 Act 580 · 2 mentions in agenda, chapter
Matched: “…DICAL PROFESSIONAL TO REVIEW A PRUDENT LAY PERSON DECISION. HB1348 L. Johnson TO ESTABLISH A STATE AUDIT PROCESS CONCERNING QU…”
TO ENCOURAGE THE DEVELOPMENT OF A STATE AUDIT PROCESS CONCERNING QUALIFIED PAYMENT AMOUNTS; AND TO … L. Johnson Notification that HB1348 is now Act 580
HB1356 · 2 mentions in agenda, chapter
Matched: “…D TO ENHANCE TRANSPARENCY BY RELEASING STATE AUDIT RESULTS. HB1356 L. Johnson CONCERNING THE PRACTICES OF CERTAIN HEALTHCARE I…”
CONCERNING THE PRACTICES OF CERTAIN HEALTHCARE INSURERS; AND TO CLARIFY THE PROCESS TO DETERMINE IF … L. Johnson Died in House Committee at Sine Die Adjournment
HB1361 · 2 mentions in chapter, agenda
Matched: “HB1361 McGrew TO AMEND THE REAL ESTATE LICENSE LAW; TO CREATE A PR…”
TO AMEND THE REAL ESTATE LICENSE LAW; TO CREATE A PROPERTY MANAGER LICENSE REQUIREMENT; AND … McGrew Died in House Committee at Sine Die Adjournment
HB1370 · 2 mentions in chapter, agenda
Matched: “HB1370 L. Fite TO AMEND THE ARKANSAS RENEWABLE ENERGY DEVELOPMENT…”
TO AMEND THE ARKANSAS RENEWABLE ENERGY DEVELOPMENT ACT OF 2001; TO PREVENT COST-SHIFTING AND ENSURE … L. Fite Died in the House at Sine Die Adjournment
HB1436 Act 324 · 2 mentions in agenda, chapter
Matched: “…ROVIDE CLARITY CONCERNING THE USE OF A PUBLIC RIGHT OF WAY. HB1436 Maddox TO AMEND THE ARKANSAS SECURITIES ACT; AND TO MODIFY…”
TO AMEND THE ARKANSAS SECURITIES ACT; AND TO MODIFY CERTAIN ACTIONS AGAINST A REGISTRATION UNDER … Maddox Notification that HB1436 is now Act 324
HB1481 Act 333 · 2 mentions in agenda, chapter
Matched: “…RM RECOVERY COSTS AND CHARGES; AND TO DECLARE AN EMERGENCY. HB1481 Achor TO CREATE THE HEALTHCARE INSURER SHARE THE SAVINGS AC…”
TO CREATE THE HEALTHCARE INSURER SHARE THE SAVINGS ACT; AND TO CREATE THE ARKANSAS PHARMACY … Achor Notification that HB1481 is now Act 333
HB1484 Act 298 · 2 mentions in chapter, agenda
Matched: “HB1484 Maddox TO AMEND THE LAW CONCERNING THE OPERATION OF BANK FA…”
TO AMEND THE LAW CONCERNING THE OPERATION OF BANK FACILITIES. Maddox Notification that HB1484 is now Act 298
HB1497 Act 299 · 2 mentions in chapter, agenda
Matched: “HB1497 Lundstrum TO AMEND THE FORMULA RATE REVIEW ACT; AND TO MODI…”
TO AMEND THE FORMULA RATE REVIEW ACT; AND TO MODIFY THE TERM OF A FORMULA … Lundstrum Notification that HB1497 is now Act 299
SB205 Act 256 · 2 mentions in chapter, agenda
Matched: “SB205 C. Penzo TO ASSIST SMALL BUSINESS OWNERS TO FORM A LEGAL EN…”
TO ASSIST SMALL BUSINESS OWNERS TO FORM A LEGAL ENTITY IN THIS STATE; AND TO … C. Penzo Notification that SB205 is now Act 256
HB1121 Act 429 · 1 mention in chapter
Matched: “HB1121 F. Allen CONCERNING COVERAGE FOR BIOMARKER TESTING FOR EARL…”
CONCERNING COVERAGE FOR BIOMARKER TESTING FOR EARLY DETECTION AND MANAGEMENT FOR CANCER DIAGNOSES. F. Allen Notification that HB1121 is now Act 429
HB1271 Act 575 · 1 mention in chapter
Matched: “HB1271 L. Johnson TO AMEND THE PRIOR AUTHORIZATION TRANSPARENCY AC…”
TO AMEND THE PRIOR AUTHORIZATION TRANSPARENCY ACT; AND TO EXEMPT CERTAIN HEALTHCARE PROVIDERS THAT PROVIDE … L. Johnson Notification that HB1271 is now Act 575
HB1276 Act 577 · 1 mention in chapter
Matched: “HB1276 L. Johnson TO EXEMPT ANTIPSYCHOTIC PRESCRIPTION DRUGS FROM…”
TO EXCLUDE ANTIPSYCHOTIC PRESCRIPTION DRUGS FROM STEP THERAPY. L. Johnson Notification that HB1276 is now Act 577
HB1438 Act 442 · 1 mention in chapter
Matched: “HB1438 Maddox TO AMEND THE UNIFORM MONEY SERVICES ACT.”
TO AMEND THE UNIFORM MONEY SERVICES ACT. Maddox Notification that HB1438 is now Act 442
HB1439 Act 325 · 1 mention in chapter
Matched: “HB1439 Maddox TO MODIFY THE FAIR MORTGAGE LENDING ACT; TO CLARIFY…”
TO MODIFY THE FAIR MORTGAGE LENDING ACT; TO CLARIFY THE PROCESS OF SPONSORSHIP UNDER THE … Maddox Notification that HB1439 is now Act 325
HB1477 · 1 mention in chapter
Matched: “HB1477 Pilkington TO AMEND THE ARKANSAS ELECTRIC UTILITY AND GAS U…”
TO AMEND THE ARKANSAS ELECTRIC UTILITY AND GAS UTILITY STORM RECOVERY SECURITIZATION ACT; TO EXEMPT … Pilkington Died in House Committee at Sine Die Adjournment
HB1483 Act 297 · 1 mention in chapter
Matched: “HB1483 Maddox TO AMEND THE LAW CONCERNING RETENTION OF CRIMINAL BA…”
TO AMEND THE LAW CONCERNING RETENTION OF CRIMINAL BACKGROUND CHECKS. Maddox Notification that HB1483 is now Act 297
HB1500 · 1 mention in chapter
Matched: “HB1500 Achor TO MODIFY THE ARKANSAS PHARMACY BENEFITS MANAGER LICE…”
TO MODIFY THE ARKANSAS PHARMACY BENEFITS MANAGER LICENSURE ACT. Achor Died in House Committee at Sine Die Adjournment

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Unknown speaker 0:19
We do have numerous bills we're trying to work through today so hopefully we get a lot accomplish now that we've we've moved on from last week so I believe the first thing we're going to consider is representive eleven is would you like to come to the table. And represent eleven is going to present an amendment to H. B. thirteen seventy the member states are. Thank you Mr chair members just real quick house bill thirteen seventy we debated this extensively last week after the Fourth Amendment we pass this out of this committee agreed upon by all parties once it went back the once the men went back to being gross there was some technical changes that needed to be made most of it was Justin in some wording like deleting the word directed substituting with alternating changing work from a facility to facilities but most of it was the. Just clean up on direct current to alternating current and it's my understanding and advisement from representative fight that this was agreed upon by all parties just some type of clean up language and I would appreciate to good vote on adopting this amendment. Thank you representative first you're recognized for a question. Eight thank you Mr chairman yeah I actually just got a text this morning from faithful saying that the retroactive language still existing thirteen seventy that threaten state phones existing ten megawatt solar investment are you familiar with where I'm not at all I believe Mr Bethel from energy is here and he could probably answer that okay. Going introduce yourself Sir proceed with after the question was thank you Mr chairman committee I'm John Bethel director of public affairs for enters the Arkansas and represented Ferguson the language that was of concern it was amended out with the amendment that was adopted last week and so that language is not in the bill that that was considered to be retroactive and so therefore customers that have systems that meet the grandfathering requirements in the bill they are grandfathered at one to one under the current rate structure that they have today today they are subject to changes in utility rates as our rates change they still have the one to one crediting mechanism but their rates will change as our rates change as approved by the public service commission everything we we charge has to be approved by the public service commission and those rates will change as they have for the last twenty years since netmetering has been in place with one to one crediting the only thing that will be going forward you we we would move from the one to one to the two channel billing but for grandfathered customers they have the same rate structure. Okay so you think that is it I don't know if there's anybody here from Babel you think they just misunderstood what the amendment says the in this I believe so okay thank you. Mr chairman Committee only additional change in the bill was adding representative Wardlaw is co sponsor the bill. I love how to set that. Any any for any further questions by the committee. Saying none representative having regard to close your bill. Lows for adoption this amendment is member committee I move motion to pass okay with the motion do pass as a proper motion is there any discussion on the motion saying none all in favor motion do pass say aye opposed say no. Graduates do pass the bill thank you Mr thank you Committee. Whether the McKenzie there you are you're recognized. They Mr and Ms Britt McKenzie zero percent of district seven Rogers Arkansas. Today I'm here to present HB one one eight or one three three eight what I've locally called the stopping Netflix tax bill this bill's attempt to add additional clarity and. This bill isn't and that additional clarity into state law regarding what constitutes the use of the public right of way and services that and services may have a franchise fee applied to them is needed because certain cities across our country including one in Arkansas have unsuccessfully sued in the hopes of having the court granting the authority to apply a five percent franchise fee to streaming services like Netflix Hulu DirectTV food both except trump this would be done by defining streaming services through the internet cable through the internet cable constitutes the use of the right away instead of its historical interpretation of physically accessing the right of way like tradition traditional utilities do Arkansas courts have dismissed dismiss the suits but we need to update our law to account for current circumstances this is in an effort to modernize the video services act which was passed in twenty thirteen and to clarify the law so that might help with future litigation you to the state level or through municipalities for states one of which doesn't even face a current lawsuit have already passed the same bill to help clarify clarified their respective video services act in their own states and have done so nearly unanimously with bipartisan support about a dozen other states are considering this legislation across the country this session NO city or county in Arkansas or anywhere in our country currently collects a franchise fee from a streaming services so this would change nothing in that regard all utilities are either supportive or neutral and municipal league has a position on this bill. Thank you representative McKenzie any questions by the committee. Okay saying none we do not have anyone signed up but is anyone in the audience would like to speak for or against this bill. Okay Senate representatives would you like to close for your bill I'm close friend instrument to represent Kansas close for his bill represent eleven recognized. Motion to pass a motion do pass by representative eleven that is a proper motions any debate on the motion. Casing none all in favor motion do pass say aye. In a post say No graduates the pastor bill English German the Committee represent McKenzie if you would I'd like to be an adult men just like to say something I appreciate I was aware of this and I know how hard you in the stakeholders work to compromise on this not appreciate that you ended up bring us to senate bill but just a little time and I really committee from in the state calls for working the elements so thank you. Reporter in there were in the room. You're recognized. I apologize for that represent a good. Thank you chairman Maddox. Thank you you are recognized to present your bill. Thank you chairman of a committee representative acre out of Maumelle I'm excited to present today house bill fourteen eighty one this is a share the savings bill that really the driving force behind this is coming from personal experience as a pharmacist at the pharmacy counter seeing patients struggle with affording their medications and it was kind of a beautiful marriage between the pharmacist and also the pharmaceutical manufacturers who have concerns that the rebates that they offer are being misrepresented and not be applied to the intended end user which is the patient themselves so what this bill does is it requires that those who represent fully insured plans that the rebates that they negotiate using the lives of those patients actually get passed on to the patient at the pharmacy counter the plans will still realize the benefit of those rebates it's just that the percent that the patient pays will be based off the net price of the drug not the gross list price of the drug um so simple scenario would be if the list price of a drug is a hundred dollars and the patients responsible for ten percent of that they would obviously paid ten dollars at the pharmacy counter this bill would be when the plan or the PBM uses that person's life to negotiate that price from a hundred dollars down to fifty that that ten percent the patient pays to be applied to the fifty dollar price not the hundred dollar price some. M. you know my my experience is that we invest a lot of time and effort as pharmacists to make sure patients are compliant with their medications that they can afford them that they can make use of them and I believe this bill makes a tremendous leap forward and help and so with that I will welcome any questions. Thank you representative any questions by the committee. Okay rest of flowers you're recognized for a question all. Motion at the proper time. I'm afraid someone's beat you to that thank you impairing yeah. You're recognized for a question thank you Mr chairman of. When you said this is fully insured groups that correct yes Sir so. How many different. I'm trying to say in a word the question how many different. People will this affect throughout the state. Right now the estimate is around sixty thousand individuals who would immediately benefit from this. Sixty thousand okay is the software in place to implement this for. Has it the software is currently active on how those prices are determined this would just be applying that same metric to a new number. Okay. With that be done to the insurance department. That would be done by the PBM. By the PBM the judicata claim and present that to the pharmacist of what to charge okay. Just in this case see how it would be implemented on that side of it is Mr chairman is an easy one from the insurance department they can answer that. Is there anyone from the insurance department who is here. Thank you Sir if you would introduce yourself and. Who you're with and prevention question Mister chairman three general counsel or Chargers Department represent probably would have to audit major support we have to examine the health insurer and PBM to make sure that the point of sale reductions were occurring so it the way we would enforce this would be through examinations that we would have to conduct audits. I would like to make a secondary comment that patients to receive an explanation of benefits right and on that there if they had a discrepancy they would be able to produce that to the to the pharmacist or to their plan or obviously to the insurance commissioner so there will be a paper trail that if they feel that it's not being properly implemented they would have the opportunity to appeal that right yeah I just I'm I'm in that type of business to the on the other side of it not the dispensing site and I know a lot of the people look at those two object they'll just do it I mean I'm looking and I'm thinking of the time in the The amount of labor involved on it is for sixty thousand people do you have the staff to do that Mr green we what we do is we make the subject insurance companies and PBMs actually pay for these audits and so we hired actuarial firm in Dallas to do our limited scope exams we've got several so in terms of reviewing to make sure the insurance companies and PBMs are transmitting these rebates downstream I think you have to do an exam once every three years just to make sure they're doing it correctly okay all right all right thing Mister representative Ferguson you're recognized for a question thank you Mr chair I just an information that it supplies to qualified health plans that are under the insurance department how many at what's the percentage of the rest of our says qualified health plans now in the state great question I'd say fifty to fifty five percent of our markets fully insured the rest of it's probably self funded so I'm I read this act to apply just marketplace plans and fully insured plans not to the self funded market sell or EBT so okay thank ninety B. day okay thank you. President David did you have a question yes Sir you're recognized I think president person answered one of them but is there any anything in this it's going to cause insurance rates for a Blue Cross your bills to go up on these consumers. I have not asked for rate impact statement from them I do not know that answer so we did not feel is that significant but I have not formally asked them officially for rate impact information. Thank you any further questions by the committee. Okay seeing none we do have someone signed up to speak for the bill. Mr lackey if you're in the audience just go to the end of the table introduce yourself and percentage testimony please. One M. doctor buster lackey I went to a licensed professional counselor licensed Kentucky's Council service executive director for the national labs for mental illness in Arkansas nami Arkansas I just wanna make one quick correction that's the number impacted is gonna be about six hundred seven thousand people not sixty thousand that moved to calm on me but and so basically I see patients both with nami Arkansas would take over three hundred fifty phone calls every month with people around the state that are trying to find resources referral and help I also have a private practice clinic in North Little Rock where my wife and I have a practice use this with therapist some questions a mental health and the patients that my staff and I serve have mental health issues that are often beyond their control and office struggle with access affordability issues getting treatment care medications is not an option for many of my patients they are central to help with health and healthy working in community care for their families a productive members of society the council services on medications they need are critical lifesaving combinations the that helps keep them healthy and leaves on most with a huge bill or making choices whether they take their medicines buying food or paying rents a mental health patients failed to stay on their medication regimen this can cause a cascade of issues resulting from poor decisions possibly alterations with law enforcement potentially ending in jail or a hospital or even worse I'm here today on behalf of the patients and the healthcare providers who serve them to ask for help by passing a representative anchors house bill forty eighty one this bill helps the patients period it that's that's the bottom line it helps by simply passing medication rebates to patients at the pharmacy counter rebates of most branded medications average forty eight percent meeting that the patients are paying more than twice what they should for life saving and life sustaining medications the mental health world this is troublesome because it get it because going without even one of these medications could mean a break from reality a lapse in judgment or major setback that may require hospitalization medications for mental illness can be a lifetime is let their lifelong my patients need a wide variety of types of medications because one size doesn't fit all. In different ways to treat ride range of symptoms medications help patients enjoy a better quality of life in greater control for their illness recovery one thing we all can agree on is that when this that when it this happens outcomes improve costs are lower and the patients their families in the state and the state and an employer it's a win win the legislation will create many for impact our Kansans the mental illness or other clinical conditions and they they will feel the relief immediately I may not be the economist but I work with patients every day I work with families one out of five our cans and suffer from a mental illness that means the rest of us in the room have a friend family or someone that has a mental health that we're dealing with. they will be managed it is typically when we are working but with law enforcement that we see the most crisis when all three of the largest pharmacy benefit managers get together get together to benefit the rebates not the patients at the point of sale is just wrong Furthermore patients with chronic conditions like diabetes asthma hepatitis will benefit the most generic medicines while while important do not typically have rebates attached to them brand medicines which are important treatments for mental health patients and those with chronic diseases who may have who may not have a generic or trying to represent less than ten percent of the total health cost and less than two point eight percent of the Medicaid budget. When the average rebate on a branded drugs forty percent passing through rebates during a fraction of the year could have a huge impact for the patient. You may hear this bill will cause a premium increase for patients as some of you have already asked about passing rebates through to patients only impacts a fraction of total drug rebates received by plan in fact a recently published twenty three to actuarial study by the millennium group premiums only increased zero point four percent to zero point six percent when rebates are passed through to the patient optim are ex shared it with politico that shift two point of sale rebates has led to to only a very modest modest increase in premiums low and single digits according to the United healthcare's chief strategy and growth officer while having a very material impact on the consumer especially those with chronic diseases employers may say that this will harm them this is plain wrong employer's plans are covered by ERISA and this bill only covers insurance plans that to stay overseas for the insured market and non group individual market which totals approximately six and seven thousand three hundred fifty two America Arkansans who would a restatement is stating that the pharmacy counter you may hear plans or PNB's that will challenge or implement that implement this bill I feel confident that insured and the PM. E. B. M.'s are smart enough to go shape the rebate. And can use data and patient records to predict predict a good estimate of the dollar amount rebates will collect immediately at the counter thank you. Thank you for testimony represent one you're recognized for a question. Thank you Mr chairman I'm here great so you mentioned that The comma got moved is it six hundred thousand or six thousand that will be affected by this six hundred seven thousand three hundred fifty two. Okay thank you. Thank you. As for questions. Thank you so so in reality this is a a direct pass through to the consumer is this could be considered a of help to those who are entitled to these rebates but have been denied on because of the weather system functions in the House accurate yes Sir this is a consumer bill where the rebates are reflective of the lives that were used to leverage that rebate thank you Mr. Thank you everyone any further questions by the committee. Representative Ken Ferguson you're recognized. Thank you Mr chairman not just a question anyone committee under table so we don't pass this bill. When does the money go the rebate. So insurance companies under the PPA on Senate correct so the rebates currently are dictated by the contract between the health plan the PBM and so I believe there are units of those are used for administrative costs to lower premiums and and basically making ambiguous healthcare savings designation and unfortunately healthcare premiums have increased over two hundred fifty percent last ten years so the premiums would control where the money goes if it does not go to the consumer that is correct thank you thank you Mr. Thank you any further questions by the committee. Okay saying none Sir Mr anyone else in the audience would like to speak for or against this bill. Okay saying none representative. Baker would you like to close for your bill. Yes Mister chairman I'm close for the bill resume grass close for his bill is there any further discussion by the committee. Not working of Eubanks you're recognized. The motion to pass the reserve Eubanks in discussion on the motion. Seeing none all in favor represent of motion do pass say aye opposed say no graduations representative past your bill thank you thank you. Representative medics you're going to run house bill fourteen thirty six is that the first one you're going to do yes ma'am thank you. You may proceed. Thank you madam chair this bill is most these bills are fairly simple this one certainly is H. P. fourteen thirty six amends the Arkansas securities act to quote clarify disqualifying language regarding felony and misdemeanor criminal convictions this languages consistent with the language used on the broker dealer agent application and the investment advisor application it's also similar to the language used in the fair mortgage lending act and the securities department regulations that's all this bill does. Did you have any questions. Committee members have any questions no questions. There is anyone in the audience who would like to speak for against this bill. Would you like to close for your bill yes I'm close to my bill. I would make a motion do pass appreciate a good vote. What is the. C.. We have a motion to do pass on the bill number fourteen thirty six all those in favor say aye. All those against No. Congratulations representative medics you passed your bill thank you madam chair. Per se with fourteen thirty eight please thank you this one is it will require a little more explanation in office I have people here who can answer questions on this if necessary H. B. fourteen thirty amends the uniform money Services Act the amendments are derived from the money transmitter modernization act in these changes incorporate nationwide standards and requirements created by industry instead experts in in in an effort to transform the licensing and regulation process into an X. inclusive system of state supervision the key priorities for this proposed legislation is to reduce the regulatory burden encourage innovation and protect and enable small business. Are there any questions from the committee. Yes representative Richardson thank you madam chair can you give me an example of how this helps small businesses. Yes for the record and I'd ask for my Speaker to the I can't hear any and consumer services legislative affairs with Arkansas securities apartment one way this helps all businesses that to give them clarity on it the timely transmission of money transmission clarity on refines it also has a provision in here that a and any committee transmitter can hold a transaction if they believe there's fraud involved in the transaction any suspected fraud they don't have to have proof of it they just believe that we think that's a very important thing that will help you consumers and small businesses add that so they will not be subjected to you know is there a time limit of how long they can hold it. There is there actually is not okay thank you so that'll give them time to fully research it. Yes representative Ferguson. Thank you manager there's no time limit the person can hold it so that means a person can hold a four year. Yeah that's a very good question a. We would hope that we would get involved there's not a provision in here that they have to they have to notify us when they're researching it and this is one where we do have good relationships with our money transmitters and you know that that communication so that we you know we want to be in all that process because if it's in Arkansas consumer and they are being Friday that that's one area that we're very passionate about where we want to reach out and help the consumers as well and so that that's part of our partnership that we have at the industry for you know that that communication that they would give us so we would know what's going on and you know help them direct on windows window hold it are going to in try to get that money back to the consumer so some point you department could be contacted in computing Bob to help speed this process along that is correct in Commission recline is here for and to clarify on that we do this on other parts of agency as well yeah I was I was going to mention that can make large on the interim commissioner of the Arkansas securities department we have forms on our website and and send forms calendar licensees and registrants if they can fill out to report for all to our office and we have examiners soup stand ready to investigate that sort of fraud and that's you know protection for industry and protection for consumers that's part of our mission at the department. Thank you manager. Any other questions from the committee. The is there anyone in the. Audience who would like to speak for against this bill. Seeing none. Is there here. Representative Maxey ready close for your bill yes thank you madam chair I'm close for my bill and I make a motion to pass. Richard good vote. We have a motion to pass the bill fourteen thirty eight of all those in favor say aye hi all those against No. Congratulations representative manager bill is passed thank you madam chair again here House Bill fourteen thirty nine yes ma'am. Thank you committee members this one is actually much simpler than the last one somehow briefly go over this H. P. fourteen thirty nine amends the fair mortgage lending act to allow the securities department to issue an approved an active license to mortgage loan officers who are not currently employed by a licensed mortgage company the approved an active license will be so we use for an individual who is otherwise qualified for a license it is taking all necessary steps to obtain or maintain a license but is currently not a ploy by an eligible employer this legislation benefit loan officers license under this act by reducing regulatory burden and allow for more streamlined process when changing employers. I'd be glad to take any questions. Committee members do you have any questions yes representative Richardson. Resentment exited is there a again is there a time frame attach that how long can this license be an active. Well I missed Terry this is thank you can't any Arkansas securities department at yes they M. these announcers are required to renew at the end of the year and so we thought we would still touch them in that renewal period in and know what's going on with them and currently right now if a loan officer leaves employment their sponsorship ends and they are terminated in the system and and we get a lot of calls and emails concerned about that because that that license that it sounds derogatory even though it's not and so this would prevent you know that concern and allow them to be inactive maintained you know. All the qualifications and just and move their license to another lotus another barge company more easily. Thank you. Any other questions from the committee. Yes represent what Ladyman. Thank you madam chair so. Anytime someone alone mortgage loan officer leaves a company and goes to a number one their licenses indeed. Currently yes and that's why we think this is important change to make it easier on loan officers to change employment they don't have to retake their at and test that they have to do they don't have to redo any of those qualifications it's just a little bit more of a burdensome process for them to sign on with another large company we we want to reduce that burden on them. So what's the process to get them signed back on I'm just curious eight well we we kind of work around in our system they call us we put him into a pending incomplete status and then a new company sponsors them right now and and so essentially what we're trying to help them at. Prevent some of the burden of having to go in and re fill out the forms and do all that right now they're just a gap in the licensure and you cover that with this bill that's correct thank you thank you. Committee my questions. there anyone in the audience who would like to speak for against this bill. Representative medics you ready to close for your bill. Yes some clothes for my bill and I make a motion to pass. We have a motion to pass all those in the house bill fourteen thirty nine All those in favor please say aye. All those opposed no. Congratulations representative marriage passed your bill thank you madam chair thank you Committee. No are you ready to run House Bill fourteen eighty three yes ma'am. Have someone join me at the table place certainly. Please proceed. Sesenta Marshall thank you Mr Arkansas State Bank department thank you. Committee this is another actually very senate bill this bill just amends the code to state that a background check obtained by the Bank Commissioner shall be retained for at least three years the previous statute was there was time for six months so that's all of this build us. I'll be glad to take any questions. Committee do you have any questions. Representative payees just curious why we need this change will what we saw in. Yes Sir we were. We needed I an audit by the Arkansas crime information center who oversees this program and doing an audit they recommended that we strongly recommended that we make this change is consistent the six month is inconsistent with their policy which says that the record should be held for three years. Committee questions. Is there anyone. In the audience who would like to speak for against this bill. Representative Maxey rate. A request for your bill yes ma'am sure I'm close to a bill not appreciate a good vote. I make a motion to pass. We have a motion to pass on the bill all those in favor please say aye. All those against no. Representative image you've done it again. Okay was fourteen eighty. Representative may issue a run fourteen eighty four yes merger okay. This is this is another senate bill so this bill amends the bank commissioners emergency powers under the existing code to allow for short term branch closures caused by staffing shortages short term weather events or other emergencies that is all of this build us about take any questions. Committee members any questions. Senate run in the audience who would like to speak for against this bill. Representative Maxey ready to close for your bill. Yes ma'am I'm sure I'm close for my bill and I make a motion to pass. we have a motion to pass on the bill all those in favor please say aye. All those opposed no. Congratulations. Thank you madam chair thank you Committee. I have one more beer. Yeah. One. What that the house bill ten one more bill bill I would like to run. It is it is HB ten twenty if I could run that also please proceed. Members this bill is there's the election a little more to this I want to explain this bill Back in the last session we ran uniform law that amended the LLC statute it was a very comprehensive bill it did a lot of good things and it brought us in line with with other states on a on a lot of issues in a lot of regulatory matters regarding LLC however came to our attention subsequent to the passage of this bill and and during the interim that one of the things that we did and the last Act as we greatly weakened the creditor protection for members of LLCs so what this bill does is this bill takes us back to where we were pre the last session and that had been the law since the nineteen eighties so we're going back to where we had always been and till the last session just just on the one issue of strengthening creditor protection for members of LLCs um as someone who forms numerous LLC's for people the number one thing one of one of the things we wondered two things that they do it for is for the liability protection that's why the form the LLC I'm sure we all either have an LLC or know someone who has no C. and to be Frank I feel that we really need to To clean this up I'll tell you how became aware of it I was contacted by an attorney in Arkansas who sent me his concerns and then he said I will not form an Arkansas LLC at this stage I will only form out of state LLC's and that really concerned me to be Frank we have to clean this up the last thing we want is people not feeling comfortable with an LLC and then going out of state form and also a so I'd like to take any questions committee members have any questions. Is there anyone in the audience who would like to speak for against this bill. Seeing none of action to make sure to close for your bill. Yes madam chair clothes for my bill and I make a motion to pass. Committee although we have a motion do pass on the bill all those in favor please say aye those opposed no. Congradulations represent Maddox you passed your bill thank you madam chair thank you Committee. This is for you at this. Okay. Represent Lundstrum you are recognized to. Present your bill. The. Introduce yourself and proceed with your testimony thank you Robin Lundstrum and I'm presenting of finding the right review bill. And this basically allows the utilities to come before the from the rate review board and plead their case and I have also brought to gentleman with me to answer any questions. Mr chairman members of the committee on Bradley Hart and I'm the external and government affairs manager for southwestern electric power company in Arkansas and this bill is. What what we would regard really is as a short bill to clarify and to add some specificity to one matter today. Electric utilities gas utilities have the option to entirely volunteering to participate in a formula rate a review process at the public service commission what this bill would do is clarify what we believed to be already the case and that is to allow. A regulated utility to if they have voluntarily chosen to participate in the formal rate review mechanism to voluntarily step away and return to the traditional ratemaking structure that many of us would be familiar with I brought with me an associate who is who is more the subject matter expert on regulatory matters and I would ask him to speak please. If you're self employed your test my voice thank you Mr Mitchell Dennis McGill law firm in here in Little Rock Arkansas local council for southwestern electric power company the short bill. Ten words one page one thing I want to be clear about here today is that we believe that this is the law today but we just feel it is important to make clear that a utility can file for general rate cases at any time my colleague Mr harden's hit the high points and welcome any questions that the committee has some. Thank you a reserve Richardson you're recognized for a question thank you Mr chair so. We already do this this is already the practice that's being hailed correct. That work done already what you're doing this bill is already being done correct. So utilities have the. The discretion to enter into a formula rate plan what this. What this bill makes clear is that during the initial term of that which it cannot exceed five year initial term that they have the election to pull out the file a general rate case in our position is that is the law we're seeking to do here today is make that abundantly clear to avoid any confusion so also is the confusion and doing that today well I'm looking at the language of the bill now we would take the position that. That is cleared just based on the existing language that explicitly says that a public utility. May file a general rate case during the extension of the term and what we're doing is just adding to make it clear that you can during the times well so just to avoid any confusion. Thank you to rex and any further questions by the committee. Okay saying none is or anyone who would like to speak for or against this bill. Saying no one resemblance Committee like to close for your bill I think it's important have clarity in the line you have clarity you have. A good law so hopefully and I would say do pass. We were similar to his clothes for her bill and she we have a motion do pass by Russian Lundstrum all in favor say aye opposed say no regulation represent be a pastor bill thank you colleagues question Lundstrum would you like to also run the Senate bill yes Sir. That is S. B. two oh five yes Sir okay you may proceed Senate bill two O. five actually add some clarity to the LLC process if any of you been a part of that you realize that you send your name to the secretary of state's office they take a look at it then send it back they take a look at it and send it back there is a a lot of back and forth and back and forth and this will make it hopefully a little bit easier to get a name with your business entity with secretary of state's office. Thank you representative any questions by the committee. What is a first for questions thank you Mr is the secretary of state's office pointed. They have not reached out to me I think they did reach out to represent depends excuse me senator Penzo and they were okay with it okay thank you. Thank you observe Ferguson any other questions by the committee. Okay saying none there's no one signed up to speak for against this bill but is there anyone in the audience who would like to speak on this bill okay saying no one represent once we like to close for your bill it's pretty straightforward. Was it was as close for her bill and. I'll give it a do pass and we have a motion to pass I represent Lundstrum so all in favor motion do pass on this bill say aye. say no graduation you've passed your bill thank you colleagues. Collins represent Wardlaw has advised this morning he is actually not going to run this bill today he was going to bed at I don't there's going to be an amendment but that is not going to be run I don't believe there's anything else anyone else in the room as any bills to run. So thank you for your work today and we are adjourned.
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Agenda

REGULAR AGENDA

-17:53

Number Sponsor Subtitle

HB1361 McGrew TO AMEND THE REAL ESTATE LICENSE LAW; TO CREATE A PROPERTY MANAGER LICENSE REQUIREMENT; AND TO AMEND THE LAW CONCERNING THE ARKANSAS REAL ESTATE COMMISSION.

HB1160 Wardlaw TO REGULATE COMPENSATION AND BENEFITS OF PUBLIC OFFICERS AND EMPLOYEES; AND TO CLARIFY SUPERVISION OF VOLUNTARY PRODUCTS UNDER THE STATE AND PUBLIC SCHOOL LIFE AND HEALTH INSURANCE PROGRAM.

HB1338 B. McKenzie TO AMEND THE ARKANSAS VIDEO SERVICE ACT; AND TO PROVIDE CLARITY CONCERNING THE USE OF A PUBLIC RIGHT OF WAY.

HB1436 Maddox TO AMEND THE ARKANSAS SECURITIES ACT; AND TO MODIFY CERTAIN ACTIONS AGAINST A REGISTRATION UNDER THE ARKANSAS SECURITIES ACT.

HB1438 Maddox TO AMEND THE UNIFORM MONEY SERVICES ACT.

HB1439 Maddox TO MODIFY THE FAIR MORTGAGE LENDING ACT; TO CLARIFY THE PROCESS OF SPONSORSHIP UNDER THE FAIR MORTGAGE LENDING ACT; AND TO AMEND THE REQUIREMENTS FOR A LICENSE UNDER THE FAIR MORTGAGE LENDING ACT.

HB1477 Pilkington TO AMEND THE ARKANSAS ELECTRIC UTILITY AND GAS UTILITY STORM RECOVERY SECURITIZATION ACT; TO EXEMPT CERTAIN DATA CENTERS FROM STORM RECOVERY COSTS AND CHARGES; AND TO DECLARE AN EMERGENCY.

HB1481 Achor TO CREATE THE HEALTHCARE INSURER SHARE THE SAVINGS ACT; AND TO CREATE THE ARKANSAS PHARMACY BENEFITS MANAGER SHARE THE SAVINGS ACT.

HB1483 Maddox TO AMEND THE LAW CONCERNING RETENTION OF CRIMINAL BACKGROUND CHECKS.

HB1484 Maddox TO AMEND THE LAW CONCERNING THE OPERATION OF BANK FACILITIES.

SB205 C. Penzo TO ASSIST SMALL BUSINESS OWNERS TO FORM A LEGAL ENTITY IN THIS STATE; AND TO CLARIFY THE PROCEDURES AND STANDARDS USED FOR NAME AVAILABILITY FOR CERTAIN CORPORATIONS AND LIMITED LIABILITY COMPANIES

HB1497 Lundstrum TO AMEND THE FORMULA RATE REVIEW ACT; AND TO MODIFY THE TERM OF A FORMULA RATE REVIEW APPROVED BY THE ARKANSAS PUBLIC SERVICE COMMISSION.

HB1020 Maddox TO AMEND THE UNIFORM LIMITED LIABILITY COMPANY ACT; AND TO REVISE CHARGING ORDERS UNDER THE UNIFORM LIMITED LIABILITY COMPANY ACT.

HB1500 Achor TO MODIFY THE ARKANSAS PHARMACY BENEFITS MANAGER LICENSURE ACT.

HB1370 L. Fite TO AMEND THE ARKANSAS RENEWABLE ENERGY DEVELOPMENT ACT OF 2001; TO PREVENT COST-SHIFTING AND ENSURE FAIRNESS TO ALL RATEPAYERS; TO CREATE THE CUSTOMER PROTECTIONS FOR NETMETERING CUSTOMERS ACT; AND TO DECLARE AN EMERGENCY.

PENDING FISCAL IMPACT

Number Sponsor Subtitle

HB1034 Pilkington TO REGULATE THE REIMBURSEMENT RATE OF A BIRTH UNDER AN INSURANCE POLICY IN THIS STATE; AND TO ESTABLISH THE REIMBURSEMENT RATE FOR A BIRTH TO BE AT LEAST THE SAME AS THE REIMBURSEMENT RATE FOR A BIRTH BY CESAREAN SECTION.

HB1121 F. Allen CONCERNING COVERAGE FOR BIOMARKER TESTING FOR EARLY DETECTION AND MANAGEMENT FOR CANCER DIAGNOSES.

HB1252 L. Johnson TO MODIFY THE ARKANSAS HEALTH CARE CONSUMER ACT; AND TO REQUIRE COVERAGE FOR PROSTHETIC DEVICES FOR ATHLETICS OR RECREATION AND PROSTHETIC DEVICES FOR SHOWERING OR BATHING.

HB1257 Achor TO EXPAND ELIGIBILITY FOR COVERAGE UNDER THE STATE AND PUBLIC SCHOOL LIFE AND HEALTH INSURANCE PROGRAM TO CERTAIN MUNICIPAL AND COUNTY POLICE OFFICERS; AND TO AMEND ELIGIBILITY REQUIREMENTS OF CERTAIN RETIREES.

HB1259 L. Johnson TO CREATE THE HEALTHCARE COST-SHARING COLLECTIONS ACT.

HB1271 L. Johnson TO AMEND THE PRIOR AUTHORIZATION TRANSPARENCY ACT; AND TO EXEMPT CERTAIN HEALTHCARE PROVIDERS THAT PROVIDE CERTAIN HEALTHCARE SERVICES FROM PRIOR AUTHORIZATION REQUIREMENTS.

HB1274 L. Johnson TO MODIFY THE PRIOR AUTHORIZATION TRANSPARENCY ACT; AND TO AMEND THE APPEAL PROCESS FOR A DENIAL UNDER THE PRIOR AUTHORIZATION TRANSPARENCY ACT.

HB1276 L. Johnson TO EXEMPT ANTIPSYCHOTIC PRESCRIPTION DRUGS FROM REGULATION UNDER STEP THERAPY PROTOCOLS.

HB1304 Ennett TO MANDATE COVERAGE FOR PRENATAL VITAMINS.

DEFERRED BILLS

Number Sponsor Subtitle

HB1037 Pilkington TO ESTABLISH THE RIGHT TO START PILOT PROGRAM FOR HEALTHCARE PORTABILITY.

HB1047 S. Meeks TO AMEND THE ARKANSAS RENEWABLE ENERGY DEVELOPMENT ACT OF 2001; AND TO PROVIDE REQUIREMENTS FOR PAYING A RESIDENTIAL NET-METERING CUSTOMER FOR NET EXCESS GENERATION.

HB1049 S. Meeks TO ESTABLISH THE FAIR ACCESS TO FINANCIAL SERVICES ACT; AND TO PROTECT THE FINANCIAL FREEDOM OF ARKANSAS CITIZENS AND BUSINESSES.

HB1130 L. Johnson TO CLARIFY THAT A COVENANT NOT TO COMPETE AGREEMENT IS UNENFORCEABLE FOR CERTAIN LICENSED MEDICAL PROFESSIONALS.

HB1272 L. Johnson TO AMEND THE HEALTHCARE CONTRACTING SIMPLIFICATION ACT; AND TO PROHIBIT A HEALTHCARE INSURER FROM LEASING A HEALTHCARE CONTRACT OR PROVIDER NETWORK.

HB1273 L. Johnson TO AMEND THE HEALTHCARE PAYOR IDENTIFICATION CARD ACT; AND TO DEFINE A LIMITED BENEFIT PLAN.

HB1275 L. Johnson TO REGULATE ELECTRONIC MEDICAL RECORDS; AND TO PROHIBIT A HEALTHCARE PAYOR THAT HAS ELECTRONIC ACCESS TO MEDICAL RECORDS FROM REQUESTING MEDICAL RECORDS IN A DIFFERENT FORMAT FROM A HEALTHCARE PROVIDER.

HB1277 L. Johnson TO REGULATE A PRUDENT LAY PERSON REVIEW PROCESS BY AN INSURER; AND TO PROHIBIT THE USE OF A LICENSED MEDICAL PROFESSIONAL TO REVIEW A PRUDENT LAY PERSON DECISION.

HB1348 L. Johnson TO ESTABLISH A STATE AUDIT PROCESS CONCERNING QUALIFIED PAYMENT AMOUNTS; AND TO ENHANCE TRANSPARENCY BY RELEASING STATE AUDIT RESULTS.

HB1356 L. Johnson CONCERNING THE PRACTICES OF CERTAIN HEALTHCARE INSURERS; AND TO CLARIFY THE PROCESS TO DETERMINE IF A PROPOSED RATE IS EXCESSIVE.

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