(a) As used in this section:(1) “Forced organ harvesting” means the removal of one (1) or more organs from a living person, or from a person killed for the purpose of removal of one (1) or more organs, by means of coercion, abduction, deception, fraud, or abuse of power over a position of vulnerability;(2) (A) “Health benefit plan” means:(i) An individual, blanket, or group plan, policy, or contract for healthcare services issued, renewed, or extended in this state by a healthcare insurer, health maintenance organization, hospital medical service corporation, or self-insured governmental or church plan in this state; and(ii) Any health benefit program receiving state or federal appropriations from the State of Arkansas, including the Arkansas Medicaid Program and the Arkansas Health and Opportunity for Me Program established by the Arkansas Health and Opportunity for Me Act of 2021, § 23-61-1001 et seq.(B) “Health benefit plan” includes without limitation indemnity and managed care plans.(C) “Health benefit plan” does not include:(i) A plan that provides only dental benefits or eye and vision care benefits;(ii) A disability income plan;(iii) A credit insurance plan;(iv) Insurance coverage issued as a supplement to liability insurance;(v) Medical payments under an automobile or homeowners insurance plan;(vi) A health benefit plan provided under Arkansas Constitution, Article 5, § 32, the Workers' Compensation Law, § 11-9-101 et seq., or the Public Employee Workers' Compensation Act, § 21-5-601 et seq.;(vii) A plan that provides only indemnity for hospital confinement;(viii) An accident-only plan;(ix) A specified disease plan; or(x) Plans providing health benefits to state and public school employees under § 21-5-401 et seq.; and(3) (A) “Healthcare insurer” means any insurance company, hospital and medical service corporation, or health maintenance organization that issues or delivers health benefit plans in this state and is subject to any of the following laws:(i) The insurance laws of this state;(ii) Section 23-75-101 et seq., pertaining to hospital and medical service corporations; or(iii) Section 23-76-101 et seq., pertaining to health maintenance organizations.(B) “Healthcare insurer” does not include an entity that provides only dental benefits or eye and vision care benefits.
(1) “Forced organ harvesting” means the removal of one (1) or more organs from a living person, or from a person killed for the purpose of removal of one (1) or more organs, by means of coercion, abduction, deception, fraud, or abuse of power over a position of vulnerability;
(2) (A) “Health benefit plan” means:(i) An individual, blanket, or group plan, policy, or contract for healthcare services issued, renewed, or extended in this state by a healthcare insurer, health maintenance organization, hospital medical service corporation, or self-insured governmental or church plan in this state; and(ii) Any health benefit program receiving state or federal appropriations from the State of Arkansas, including the Arkansas Medicaid Program and the Arkansas Health and Opportunity for Me Program established by the Arkansas Health and Opportunity for Me Act of 2021, § 23-61-1001 et seq.(B) “Health benefit plan” includes without limitation indemnity and managed care plans.(C) “Health benefit plan” does not include:(i) A plan that provides only dental benefits or eye and vision care benefits;(ii) A disability income plan;(iii) A credit insurance plan;(iv) Insurance coverage issued as a supplement to liability insurance;(v) Medical payments under an automobile or homeowners insurance plan;(vi) A health benefit plan provided under Arkansas Constitution, Article 5, § 32, the Workers' Compensation Law, § 11-9-101 et seq., or the Public Employee Workers' Compensation Act, § 21-5-601 et seq.;(vii) A plan that provides only indemnity for hospital confinement;(viii) An accident-only plan;(ix) A specified disease plan; or(x) Plans providing health benefits to state and public school employees under § 21-5-401 et seq.; and
(A) “Health benefit plan” means:(i) An individual, blanket, or group plan, policy, or contract for healthcare services issued, renewed, or extended in this state by a healthcare insurer, health maintenance organization, hospital medical service corporation, or self-insured governmental or church plan in this state; and(ii) Any health benefit program receiving state or federal appropriations from the State of Arkansas, including the Arkansas Medicaid Program and the Arkansas Health and Opportunity for Me Program established by the Arkansas Health and Opportunity for Me Act of 2021, § 23-61-1001 et seq.
(i) An individual, blanket, or group plan, policy, or contract for healthcare services issued, renewed, or extended in this state by a healthcare insurer, health maintenance organization, hospital medical service corporation, or self-insured governmental or church plan in this state; and
(ii) Any health benefit program receiving state or federal appropriations from the State of Arkansas, including the Arkansas Medicaid Program and the Arkansas Health and Opportunity for Me Program established by the Arkansas Health and Opportunity for Me Act of 2021, § 23-61-1001 et seq.
(B) “Health benefit plan” includes without limitation indemnity and managed care plans.
(C) “Health benefit plan” does not include:(i) A plan that provides only dental benefits or eye and vision care benefits;(ii) A disability income plan;(iii) A credit insurance plan;(iv) Insurance coverage issued as a supplement to liability insurance;(v) Medical payments under an automobile or homeowners insurance plan;(vi) A health benefit plan provided under Arkansas Constitution, Article 5, § 32, the Workers' Compensation Law, § 11-9-101 et seq., or the Public Employee Workers' Compensation Act, § 21-5-601 et seq.;(vii) A plan that provides only indemnity for hospital confinement;(viii) An accident-only plan;(ix) A specified disease plan; or(x) Plans providing health benefits to state and public school employees under § 21-5-401 et seq.; and
(i) A plan that provides only dental benefits or eye and vision care benefits;
(ii) A disability income plan;
(iii) A credit insurance plan;
(iv) Insurance coverage issued as a supplement to liability insurance;
(v) Medical payments under an automobile or homeowners insurance plan;
(vi) A health benefit plan provided under Arkansas Constitution, Article 5, § 32, the Workers' Compensation Law, § 11-9-101 et seq., or the Public Employee Workers' Compensation Act, § 21-5-601 et seq.;
(vii) A plan that provides only indemnity for hospital confinement;
(viii) An accident-only plan;
(ix) A specified disease plan; or
(x) Plans providing health benefits to state and public school employees under § 21-5-401 et seq.; and
(3) (A) “Healthcare insurer” means any insurance company, hospital and medical service corporation, or health maintenance organization that issues or delivers health benefit plans in this state and is subject to any of the following laws:(i) The insurance laws of this state;(ii) Section 23-75-101 et seq., pertaining to hospital and medical service corporations; or(iii) Section 23-76-101 et seq., pertaining to health maintenance organizations.(B) “Healthcare insurer” does not include an entity that provides only dental benefits or eye and vision care benefits.
(A) “Healthcare insurer” means any insurance company, hospital and medical service corporation, or health maintenance organization that issues or delivers health benefit plans in this state and is subject to any of the following laws:(i) The insurance laws of this state;(ii) Section 23-75-101 et seq., pertaining to hospital and medical service corporations; or(iii) Section 23-76-101 et seq., pertaining to health maintenance organizations.
(i) The insurance laws of this state;
(ii) Section 23-75-101 et seq., pertaining to hospital and medical service corporations; or
(iii) Section 23-76-101 et seq., pertaining to health maintenance organizations.
(B) “Healthcare insurer” does not include an entity that provides only dental benefits or eye and vision care benefits.
(b) Regardless of a claim filed by a medical facility or provider, a health benefit plan that is offered, issued, or renewed in this state shall not provide coverage for a human organ transplant or post-transplant care if:(1) The transplant operation is performed in the People's Republic of China or another country known to have participated in forced organ harvesting, as designated by rule by the Insurance Commissioner; or(2) The human organ to be transplanted is procured by sale or donation originating in the People's Republic of China or another country known to have participated in forced organ harvesting, as designated by rule by the commissioner.
(1) The transplant operation is performed in the People's Republic of China or another country known to have participated in forced organ harvesting, as designated by rule by the Insurance Commissioner; or
(2) The human organ to be transplanted is procured by sale or donation originating in the People's Republic of China or another country known to have participated in forced organ harvesting, as designated by rule by the commissioner.
(c) (1) The commissioner may designate by rule any additional country as having participated in forced organ harvesting if the government of that country funds, sponsors, or otherwise facilitates forced organ harvesting.(2) If under subdivision (c)(1) of this section the commissioner designates an additional country as having participated in forced organ harvesting, the commissioner shall provide written notice to healthcare insurers.
(1) The commissioner may designate by rule any additional country as having participated in forced organ harvesting if the government of that country funds, sponsors, or otherwise facilitates forced organ harvesting.
(2) If under subdivision (c)(1) of this section the commissioner designates an additional country as having participated in forced organ harvesting, the commissioner shall provide written notice to healthcare insurers.
(d) A healthcare insurer may seek reimbursement or setoff from a medical facility or provider if a claim is submitted and paid in violation of this section.
(e) Notwithstanding any other provision of this section, care that is provided to save the life of an individual after the individual receives a prohibited organ transplant shall be covered.
(f) The commissioner shall develop and promulgate rules for the implementation and administration of this section.