Coverage for licensed counseling for traumatic event — Definitions

Ark. Code Ann. § 21-5-112 — under Compensation and Benefits.

Ark. Code Ann. § 21-5-112

(a) As used in this section:(1) “Firefighter” means a person who is a:(A) Paid, full-time member of a fire department or firefighting unit of a public employer and who actively engages in the fighting of fires on a regular basis;(B) Paid, full-time instructor of the Arkansas Fire Training Academy; or(C) Member of the firefighting organization of the:(i) Arkansas National Guard Robinson Maneuver Training Center; or(ii) Arkansas National Guard Fort Chaffee Joint Maneuver Training Center;(2) “Licensed counseling” means counseling provided by a licensed mental health professional;(3) “Licensed mental health professional” means an individual who:(A) Is a licensed:(i) Psychiatrist;(ii) Psychologist;(iii) Mental health professional who holds either a master's degree or a doctoral degree related to the mental health profession;(iv) Advanced practice registered nurse working within the scope of his or her practice as a mental health nurse practitioner or a mental health clinical nurse; or(v) Psychiatric physician assistant working under the supervision of a licensed physician;(B) Specializes in trauma and crisis; and(C) Uses evidence-based treatment options;(4) “Police officer” means a paid, full-time:(A) Law enforcement officer engaged in official duty who is a member of:(i) A regular police force;(ii) The Division of Arkansas State Police; or(iii) The law enforcement organization of the: (a) Arkansas National Guard Robinson Maneuver Training Center; or (b) Arkansas National Guard Fort Chaffee Joint Maneuver Training Center;(B) Sheriff or deputy sheriff of a county in this state who is engaged in official duty; or(C) Constable or night marshal of a town in this state who is engaged in official duty;(5) “Public employer” means the state, a political subdivision of the state, or a city of the first class, a city of the second class, or an unincorporated town of the state;(6) “Public safety employee” means an employee of a public employer who is a:(A) Probation officer;(B) Surveillance officer;(C) Adult or juvenile detention officer;(D) Police officer; or(E) Firefighter; and(7) “Traumatic event” means a public safety employee's exposure in the line of duty to an incident involving:(A) The extraordinary traumatic bodily injury or death of a person;(B) The serious injury, death, abuse, or exploitation of a minor;(C) An immediate threat to the life of the public safety employee or another person; or(D) A mass casualties event.

(1) “Firefighter” means a person who is a:(A) Paid, full-time member of a fire department or firefighting unit of a public employer and who actively engages in the fighting of fires on a regular basis;(B) Paid, full-time instructor of the Arkansas Fire Training Academy; or(C) Member of the firefighting organization of the:(i) Arkansas National Guard Robinson Maneuver Training Center; or(ii) Arkansas National Guard Fort Chaffee Joint Maneuver Training Center;

(A) Paid, full-time member of a fire department or firefighting unit of a public employer and who actively engages in the fighting of fires on a regular basis;

(B) Paid, full-time instructor of the Arkansas Fire Training Academy; or

(C) Member of the firefighting organization of the:(i) Arkansas National Guard Robinson Maneuver Training Center; or(ii) Arkansas National Guard Fort Chaffee Joint Maneuver Training Center;

(i) Arkansas National Guard Robinson Maneuver Training Center; or

(ii) Arkansas National Guard Fort Chaffee Joint Maneuver Training Center;

(2) “Licensed counseling” means counseling provided by a licensed mental health professional;

(3) “Licensed mental health professional” means an individual who:(A) Is a licensed:(i) Psychiatrist;(ii) Psychologist;(iii) Mental health professional who holds either a master's degree or a doctoral degree related to the mental health profession;(iv) Advanced practice registered nurse working within the scope of his or her practice as a mental health nurse practitioner or a mental health clinical nurse; or(v) Psychiatric physician assistant working under the supervision of a licensed physician;(B) Specializes in trauma and crisis; and(C) Uses evidence-based treatment options;

(A) Is a licensed:(i) Psychiatrist;(ii) Psychologist;(iii) Mental health professional who holds either a master's degree or a doctoral degree related to the mental health profession;(iv) Advanced practice registered nurse working within the scope of his or her practice as a mental health nurse practitioner or a mental health clinical nurse; or(v) Psychiatric physician assistant working under the supervision of a licensed physician;

(i) Psychiatrist;

(ii) Psychologist;

(iii) Mental health professional who holds either a master's degree or a doctoral degree related to the mental health profession;

(iv) Advanced practice registered nurse working within the scope of his or her practice as a mental health nurse practitioner or a mental health clinical nurse; or

(v) Psychiatric physician assistant working under the supervision of a licensed physician;

(B) Specializes in trauma and crisis; and

(C) Uses evidence-based treatment options;

(4) “Police officer” means a paid, full-time:(A) Law enforcement officer engaged in official duty who is a member of:(i) A regular police force;(ii) The Division of Arkansas State Police; or(iii) The law enforcement organization of the: (a) Arkansas National Guard Robinson Maneuver Training Center; or (b) Arkansas National Guard Fort Chaffee Joint Maneuver Training Center;(B) Sheriff or deputy sheriff of a county in this state who is engaged in official duty; or(C) Constable or night marshal of a town in this state who is engaged in official duty;

(A) Law enforcement officer engaged in official duty who is a member of:(i) A regular police force;(ii) The Division of Arkansas State Police; or(iii) The law enforcement organization of the: (a) Arkansas National Guard Robinson Maneuver Training Center; or (b) Arkansas National Guard Fort Chaffee Joint Maneuver Training Center;

(i) A regular police force;

(ii) The Division of Arkansas State Police; or

(iii) The law enforcement organization of the: (a) Arkansas National Guard Robinson Maneuver Training Center; or (b) Arkansas National Guard Fort Chaffee Joint Maneuver Training Center;

(a) Arkansas National Guard Robinson Maneuver Training Center; or

(b) Arkansas National Guard Fort Chaffee Joint Maneuver Training Center;

(B) Sheriff or deputy sheriff of a county in this state who is engaged in official duty; or

(C) Constable or night marshal of a town in this state who is engaged in official duty;

(5) “Public employer” means the state, a political subdivision of the state, or a city of the first class, a city of the second class, or an unincorporated town of the state;

(6) “Public safety employee” means an employee of a public employer who is a:(A) Probation officer;(B) Surveillance officer;(C) Adult or juvenile detention officer;(D) Police officer; or(E) Firefighter; and

(A) Probation officer;

(B) Surveillance officer;

(C) Adult or juvenile detention officer;

(D) Police officer; or

(E) Firefighter; and

(7) “Traumatic event” means a public safety employee's exposure in the line of duty to an incident involving:(A) The extraordinary traumatic bodily injury or death of a person;(B) The serious injury, death, abuse, or exploitation of a minor;(C) An immediate threat to the life of the public safety employee or another person; or(D) A mass casualties event.

(A) The extraordinary traumatic bodily injury or death of a person;

(B) The serious injury, death, abuse, or exploitation of a minor;

(C) An immediate threat to the life of the public safety employee or another person; or

(D) A mass casualties event.

(b) (1) Except as provided in subsection (e) of this section, a public employer that employs a public safety employee shall provide coverage for licensed counseling for a public safety employee who has experienced a traumatic event.(2) (A) The coverage required under subdivision (b)(1) of this section shall include coverage for a public safety employee to participate in up to twelve (12) licensed counseling visits in a calendar year in which the public safety employee experiences a traumatic event, regardless of the number of traumatic events experienced by the public safety employee during the calendar year.(B) (i) Except as provided in subdivision (b)(2)(B)(ii) of this section, if a public safety employee begins receiving licensed counseling for which coverage is required under this section on or after July 1 in a year, any licensed counseling visits to which the public safety employee is entitled under this section that the public safety employee does not use before the end of the calendar year may be carried over to the following calendar year.(ii) A public safety employee shall not receive more than eighteen (18) covered licensed counseling visits under this section in a calendar year.(C) Licensed counseling allowed under this section may be provided through telehealth.

(1) Except as provided in subsection (e) of this section, a public employer that employs a public safety employee shall provide coverage for licensed counseling for a public safety employee who has experienced a traumatic event.

(2) (A) The coverage required under subdivision (b)(1) of this section shall include coverage for a public safety employee to participate in up to twelve (12) licensed counseling visits in a calendar year in which the public safety employee experiences a traumatic event, regardless of the number of traumatic events experienced by the public safety employee during the calendar year.(B) (i) Except as provided in subdivision (b)(2)(B)(ii) of this section, if a public safety employee begins receiving licensed counseling for which coverage is required under this section on or after July 1 in a year, any licensed counseling visits to which the public safety employee is entitled under this section that the public safety employee does not use before the end of the calendar year may be carried over to the following calendar year.(ii) A public safety employee shall not receive more than eighteen (18) covered licensed counseling visits under this section in a calendar year.(C) Licensed counseling allowed under this section may be provided through telehealth.

(A) The coverage required under subdivision (b)(1) of this section shall include coverage for a public safety employee to participate in up to twelve (12) licensed counseling visits in a calendar year in which the public safety employee experiences a traumatic event, regardless of the number of traumatic events experienced by the public safety employee during the calendar year.

(B) (i) Except as provided in subdivision (b)(2)(B)(ii) of this section, if a public safety employee begins receiving licensed counseling for which coverage is required under this section on or after July 1 in a year, any licensed counseling visits to which the public safety employee is entitled under this section that the public safety employee does not use before the end of the calendar year may be carried over to the following calendar year.(ii) A public safety employee shall not receive more than eighteen (18) covered licensed counseling visits under this section in a calendar year.

(i) Except as provided in subdivision (b)(2)(B)(ii) of this section, if a public safety employee begins receiving licensed counseling for which coverage is required under this section on or after July 1 in a year, any licensed counseling visits to which the public safety employee is entitled under this section that the public safety employee does not use before the end of the calendar year may be carried over to the following calendar year.

(ii) A public safety employee shall not receive more than eighteen (18) covered licensed counseling visits under this section in a calendar year.

(C) Licensed counseling allowed under this section may be provided through telehealth.

(c) (1) (A) A public employer shall pay for all licensed counseling allowed under this section.(B) A public employer shall pay a licensed mental health professional an amount not to exceed the deductibles and conditions under the public safety employee's current health benefit plan.(C) A public safety employee shall provide documentation to substantiate the amount billed to the public safety employee for licensed counseling under the public safety employee's current health benefit plan.(2) Payment by a public employer for licensed counseling under this section does not create a presumption that a claim is compensable under § 11-9-113 or § 11-9-114.

(1) (A) A public employer shall pay for all licensed counseling allowed under this section.(B) A public employer shall pay a licensed mental health professional an amount not to exceed the deductibles and conditions under the public safety employee's current health benefit plan.(C) A public safety employee shall provide documentation to substantiate the amount billed to the public safety employee for licensed counseling under the public safety employee's current health benefit plan.

(A) A public employer shall pay for all licensed counseling allowed under this section.

(B) A public employer shall pay a licensed mental health professional an amount not to exceed the deductibles and conditions under the public safety employee's current health benefit plan.

(C) A public safety employee shall provide documentation to substantiate the amount billed to the public safety employee for licensed counseling under the public safety employee's current health benefit plan.

(2) Payment by a public employer for licensed counseling under this section does not create a presumption that a claim is compensable under § 11-9-113 or § 11-9-114.

(d) (1) Except as provided in subdivision (d)(2) of this section, a public employer shall allow a public safety employee to select the licensed mental health professional who will provide the licensed counseling allowed under this section.(2) If a licensed mental health professional declines to provide licensed counseling to a public safety employee under this section, the public employer that employs the public safety employee is not required to secure the services of that licensed mental health professional.

(1) Except as provided in subdivision (d)(2) of this section, a public employer shall allow a public safety employee to select the licensed mental health professional who will provide the licensed counseling allowed under this section.

(2) If a licensed mental health professional declines to provide licensed counseling to a public safety employee under this section, the public employer that employs the public safety employee is not required to secure the services of that licensed mental health professional.

(e) A public employer may satisfy the requirements of this section through its creation of or participation in a program that:(1) Provides licensed counseling that meets the requirements of this section; and(2) Requires the public employer to provide coverage for licensed counseling as required under this section.

(1) Provides licensed counseling that meets the requirements of this section; and

(2) Requires the public employer to provide coverage for licensed counseling as required under this section.