ArkansasHB13532025 Regular SessionHouseWALLET

TO REGULATE A VISION BENEFIT MANAGER; TO AMEND THE VISION CARE PLAN ACT OF 2015; TO AMEND THE HEALTHCARE CONTRACTING SIMPLIFICATION ACT.

Sponsored By: Dave Wallace (Republican), Jon S. Eubanks (Republican)

Enacted

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Bill Overview

Analyzed Economic Effects

7 provisions identified: 7 benefits, 0 costs, 0 mixed.

Lower cash prices for vision patients

Vision provider contracts cannot block cash payments that cost less than an enrollee's total out-of-pocket cost for the service or material. Providers cannot be audited solely because they offer a cash price. These protections include licensed opticians, but providers do not have to offer cash prices. The rules apply at the earliest of plan renewal, new plan issuance, a new or changed vision provider contract, or January 1, 2026.

More freedom to choose vision providers

Vision insurers, managers, and plans cannot steer patients toward one participating provider over another for covered or uncovered care. This includes favoring affiliated retail, online, or virtual providers; plans also cannot limit provider choice for uncovered care. Participating provider listings must be neutral, without distinctions based on uncovered-item discounts or incentives, purchase amounts, or covered-product brands and sources. These protections do not require coverage of uncovered care. The rules apply at the earliest of plan renewal, new plan issuance, a new or changed vision provider contract, or January 1, 2026.

Stronger protections for vision plan benefits

Contracts providing indemnity, health, dental, or vision benefits cannot cut payable benefits solely because an enrollee has other coverage. Reductions remain allowed when they follow coordination-of-benefits rules adopted by the Arkansas Insurance Commissioner. Vision insurers, managers, and plans cannot advertise care as covered with an added copay or coinsurance when they do not pay the participating provider. These rules apply at the earliest of plan renewal, new plan issuance, a new or changed vision provider contract, or January 1, 2026.

Fairer contracts for vision care providers

Vision provider contract limits also apply to vision benefit managers. Agreements cannot set fees or require discounts for uncovered care, including by using minimal payments to evade that ban. They cannot tie insurer network access to joining or being approved by a particular vision plan, or restrict lab and supplier choices. Changes to contract terms, discounts, or payment rates during the contract require the provider's written approval. These rules apply at the earliest of plan renewal, new plan issuance, a new or changed vision provider contract, or January 1, 2026.

Minimum payments for vision care providers

Vision insurers, managers, and plans must pay providers at least the current calendar-year Medicare rate for covered services and materials. Payments cannot be merely token amounts or differ because of a provider's listed business choices. Those choices include labs, suppliers, sources, equipment, retail ties, support or purchasing groups, alliances, trade associations, software, and billing services. Contracts cannot force providers to accept virtual credit cards or other payment methods that charge fees to receive payment. These rules apply at the earliest of plan renewal, new plan issuance, a new or changed vision provider contract, or January 1, 2026.

Stronger payment protections for vision providers

Payers cannot withhold or take back contracted payments for covered care when providers verify eligibility on the service date. Providers must use the payer's customary verification methods. Audits of participating vision providers cannot project errors from a sample onto other claims. Extra payments or refunds must reflect actual errors found through investigation, after providers receive and exhaust all available appeals. These rules apply at the earliest of plan renewal, new plan issuance, a new or changed vision provider contract, or January 1, 2026.

Vision and dental plans gain oversight

Arkansas brings vision and dental benefits, including standalone plans, under its Healthcare Contracting Simplification Act. It also includes nonfederal government plans, using the federal definition as of January 1, 2025. Vision benefit managers include insurers, third-party administrators, and subcontractors; materials include contact lenses, low-vision devices, and vision therapy devices. These definitions do not require plans to cover every listed item, and other listed limited-coverage exclusions remain. The changes apply at the earliest of plan renewal, new plan issuance, a new or changed vision provider contract, or January 1, 2026.

Sponsors & Cosponsors

Sponsors

  • Dave Wallace

    Republican • Senate

  • Jon S. Eubanks

    Republican • House

Cosponsors

  • Brandon Achor

    Republican • House

  • Ronald Caldwell

    Republican • Senate

  • Carol Dalby

    Republican • House

  • James Eaton

    Republican • House

  • Les D. Eaves

    Republican • House

  • Brian S. Evans

    Republican • House

  • Fred Allen

    Democratic • House

  • Zack Gramlich

    Republican • House

  • Dolly Henley

    Republican • House

  • Mike Holcomb

    Republican • House

  • Steve Hollowell

    Republican • House

  • Missy Irvin

    Republican • Senate

  • Justin Boyd

    Republican • Senate

  • Jane English

    Republican • Senate

  • Jay Richardson

    Democratic • House

  • Jamie Scott

    Democratic • Senate

  • Kenneth B. Ferguson

    Democratic • House

  • Jack Ladyman

    Republican • House

  • Mark Johnson

    Republican • Senate

  • John Maddox

    Republican • House

  • Stephen Magie

    Democratic • House

  • Richard McGrew

    Republican • House

  • Jon Milligan

    Republican • House

  • Jason Nazarenko

    Republican • House

  • Mark Perry

    Democratic • House

  • Terry Rice

    Republican • Senate

  • Marcus E. Richmond

    Republican • House

  • Trey Steimel

    Republican • House

  • DeAnn Vaught

    Republican • House

  • Les Warren

    Republican • House

  • Carlton Wing

    Republican • House

  • Jim Wooten

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 124 • No: 1

Senate vote • 2/19/2025

Senate Vote - Wednesday, February 19, 2025 2:16:02 PM

Yes: 28 • No: 1

House vote • 2/10/2025

House Vote - Monday, February 10, 2025 2:00:21 PM

Yes: 96 • No: 0

Actions Timeline

  1. Notification that HB1353 is now Act 142

    2/25/2025House
  2. Correctly enrolled and ordered transmitted to the Governor's Office.

    2/20/2025House
  3. TO BE ENROLLED

    2/19/2025House
  4. Returned from the Senate as passed.

    2/19/2025House
  5. Returned to the House as passed.

    2/19/2025Senate
  6. Read the third time and passed.

    2/19/2025Senate
  7. Returned by the Committee, with the recommendation that it Do Pass

    2/18/2025Senate
  8. Read first time, rules suspended, read second time, referred to INSURANCE & COMMERCE - SENATE

    2/10/2025Senate
  9. Received from the House.

    2/10/2025Senate
  10. Read the third time and passed and ordered transmitted to the Senate.

    2/10/2025House
  11. Returned by the Committee Do Pass

    2/5/2025House
  12. Read the first time, rules suspended, read the second time and referred to the Committee on INSURANCE & COMMERCE- HOUSE

    2/3/2025House
  13. Filed

    1/31/2025House

Bill Text

  • HB1353 - Introduced

    1/31/2025

  • Act Version

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