HIPAA - Arkansas

Summary of differences between federal and state regulations

Federal HIPAA portability provisions limit exclusions for preexisting conditions; prohibit discrimination against employees and dependents based on their health status; and allow a special opportunity to enroll in a new plan to individuals in certain circumstances.

States are allowed to go beyond the federal requirements. The state regulations are called out below.

State

Contact

Arkansas Insurance Department

Regulations

The Arkansas Health Insurance Portability and Accountability Act of 1997 is a companion law to the federal HIPAA of 1996. The Arkansas At provides that the state risk pool is the Arkansas individual alternative mechanism for those losing group coverage with no other alternative.

The Arkansas Act applies to groups of two and larger. It limits preexisting conditions to a six-month look back and a 12-month look forward (18 months for late enrollees). The preexisting clause cannot be applied to certain categories of people: pregnant, newborns, newly adopted. Credit against the preexisting clause can be gained by having prior creditable coverage of up to 12 months with no break in coverage of over 63 days.

Arkansas Code §23-86-301 et seq.
Arkansas Code §23-86-201 (small employers)

Federal

Contact

Centers for Medicare & Medicaid Services

Regulations

45 CFR Parts 160 - 164

29 CFR 2590.701-1 et seq.

29 USC chapter 18, §1181