Arkansas is a leader in price transparency, as it is a state that passed legislation establishing an APCD in the state. The APCD infrastructure is in place to receive and house data. The Arkansas Health Insurance Rate Review Division was awarded a grant from the Centers for Medicare and Medicaid Services/Center for Consumer Information and Insurance Oversight which includes specific funding for an APCD. After a competitive bidding process, the Arkansas Center for Health Improvement was awarded the contract to develop the APCD.
In the 2019 legislative session, the Arkansas legislature enacted the Healthcare Contracting Simplification Act (SB 480) to promote competition and limit market power in provider markets by prohibiting most-favored nation and all-products clauses in provider-insurer contracts. In the 2018 term, Arkansas passed the Arkansas Pharmacy Benefits Manager Licensure Act, which requires PBMs to disclose information to the state and prohibits unfair competitive practices.
The State Database
The Source tracks state activities impacting healthcare price and competition in both legislation and litigation in a searchable database to help stakeholders at the state level understand their legal and regulatory environment as they make efforts to improve access, quality, and efficiency, and reduce costs in healthcare.
LEGISLATION: The Database of State Laws Impacting Healthcare Cost and Quality (SLIHCQ), created by The Source on Healthcare Price & Competition and Catalyst for Payment Reform, catalogues state legislation governing price transparency, provider market power, provider payment, provider networks, and benefit design. The database also includes pharmaceutical legislation beginning in the 2017-2018 legislative session. *Note: Current legislative session bill updates are ongoing. Check back weekly for updates.
LITIGATION: The Source tracks major litigation and antitrust enforcement action by federal entities (FTC or DOJ), state attorney generals, and private parties in the main provider and insurer markets, particularly legal challenges of healthcare consolidation and anticompetitive contract provisions. Additionally, the database contains major pharmaceutical cases including legislation challenges and significant appellate cases.
Search the database across all jurisdictions on the State Overview page, or view and filter existing legislation or litigation on individual state pages. The database allows customized search and filter by keyword, status, and/or key issue category. *Multiple filter/selections enabled. Click here for User Guide.
LEGISLATIVE CALENDARArkansas’ latest legislative term ran from 1/14/2019 – 5/10/2019. Arkansas’ next legislative term will convene in 2020.
FY 2018-2019 BUDGETArkansas enacts budgets on a two-year cycle, beginning July 1 of each odd-numbered year. Arkansas’ new Biennial Budget will take effect on July 1, 2017 and is valid through June 30, 2019. To view Arkansas’ Department of Health 2018-2019 Budget, visit page 79.
REGULATION & ENFORCEMENT
- Controlling Healthcare Costs to Consumers: As of February 2014, the Colorado Division of Insurance will study healthcare costs in the state in response to concern about higher premiums in certain areas of the state. The Division of Insurance explained that it needed new data to justify rate changes to HHS for 2015.
- Colorado Attorney General John W. Suthers has allowed three recent transactions involving non-profit hospitals to proceed without further review under the Hospital Transfer Act, R.S § 6-19-101, et seq., which requires nonprofit hospitals, when sold to for-profit entities, to use the sale proceeds toward a similar charitable activity.
- On August 1, 2014, the AG announced that his office had issued an opinion under the Hospital Transfer Act relating to the proposed transaction between the Sisters of Charity of Leavenworth Health System Inc. (d/b/a SCL Health), Saint Joseph Hospital Inc., and National Jewish Health. This matter was noticed on July 10, 2014. The Attorney General’s office determined that the transaction meets the relevant criteria of the Act and may proceed without further review by the Attorney General.
- On June 28, 2013, the AG announced that his office had issued an opinion under the Hospital Transfer Act relating to the proposed transaction between the Lutheran Hospital Association of San Luis Valley doing business as San Luis Valley Regional Medical Center and Conejos County Hospital Corporation. This matter was noticed on June 24, 2013.
- On October 1, 2012 the AG announced that his office had issued an opinion under the Hospital Transfer Act relating to the proposed transaction between Community First Foundation and Sisters of Charity of Leavenworth Health System, Inc. regarding the Exempla healthcare system. This matter was noticed on July 31, 2012. The Attorney General’s office determined that the transaction had met the relevant criteria of the Act and may proceed without further review by the Attorney General.