2019 Arkansas Code
Title 23 - Public Utilities and Regulated Industries
Subtitle 3 - Insurance
Chapter 79 - Insurance Policies Generally
Subchapter 16 - Coverage for Services Provided Through Telemedicine
§ 23-79-1601. Definitions
- As used in this subchapter:
(1) “Distant site” means the location of the healthcare professional delivering healthcare services through telemedicine at the time the services are provided;
(2)
(A) “Health benefit plan” means:
(i) An individual, blanket, or group plan, policy, or contract for healthcare services issued or delivered by an 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, the Health Care Independence Program [expired], commonly referred to as the “Private Option”, and the Arkansas Works Program, or any successor program.
(B) “Health benefit plan” includes:
(i) Indemnity and managed care plans; and
(ii) Nonfederal governmental plans as defined in 29 U.S.C. § 1002(32), as it existed on January 1, 2015.
(C) “Health benefit plan” does not include:
(i) Disability income plans;
(ii) Credit insurance plans;
(iii) Insurance coverage issued as a supplement to liability insurance;
(iv) Medical payments under automobile or homeowners insurance plans;
(v) Health benefit plans 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.;
(vi) Plans that provide only indemnity for hospital confinement;
(vii) Accident-only plans;
(viii) Specified disease plans; or
(ix) Long-term-care-only plans;
(3) “Healthcare professional” means a person who is licensed, certified, or otherwise authorized by the laws of this state to administer health care in the ordinary course of the practice of his or her profession;
(4) “Originating site” means a site at which a patient is located at the time healthcare services are provided to him or her by means of telemedicine;
(5) “Remote patient monitoring” means the use of synchronous or asynchronous electronic information and communication technology to collect personal health information and medical data from a patient at an originating site that is transmitted to a healthcare professional at a distant site for use in the treatment and management of medical conditions that require frequent monitoring;
(6) “Store-and-forward technology” means the asynchronous transmission of a patient's medical information from a healthcare professional at an originating site to a healthcare professional at the distant site; and
(7)
(A) “Telemedicine” means the use of electronic information and communication technology to deliver healthcare services, including without limitation the assessment, diagnosis, consultation, treatment, education, care management, and self-management of a patient.
(B) “Telemedicine” includes store-and-forward technology and remote patient monitoring.
(C) For the purposes of this subchapter, “telemedicine” does not include the use of:
(i) Audio-only communication, including without limitation interactive audio;
(ii) A facsimile machine;
(iii) Text messaging; or
(iv) Electronic mail systems.
