Bowman says guidance needed on health plans

September 25, 2006

Arkansas Insurance Commis-sioner Julie Benafield Bow-man in early September told lawmakers she needs guidance on enforcing a state law to allow people covered by health maintenance plans to see the doctor of their choice.

Bowman said legislation passed last year gave the insurance department power to enforce the 1995 so-called “any willing provider law.” A federal appeals court cleared the way for enforcement of parts of the law, saying it did not violate federal rules for employee health benefits.

“The law gives the insurance department a lot of authority and a lot of power to do things with this, but I don’t want to go too far or too quickly,” Bowman told the House and Senate public health, welfare and labor committees.

Last year, the 8th U.S. Circuit Court of Appeals in St. Louis affirmed the rights of providers willing to accept the terms to participate in the health plans.

The panel, however, overruled a portion of U.S. District Judge James Moody’s decision that the law also covered self-insured plans.

Bowman told legislators that the department is hitting new ground with the law giving her the authority to enforce the law. “We historically have not regulated medical pro-viders’ terms and conditions with health insurers, and now we are actively implementing those things,” Bowman said. “Some of those have been easier than others.”

Bowman has said she’s not necessarily pushing for legislation to clarify her role, but wants guidance from legislators.

“I don’t want to be that rogue insurance commissioner who goes beyond what is really appropriate,” Bowman said. “I want to go just far enough to protect the consumer.”

Copyright 2006 Associated Press.

Topics Legislation

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