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Date: February 25, 2005 
Contact: House Information Office, 501-682-7771
For Release Immediately
House approves "any willing provider" legislation in session's 7th week
LITTLE ROCK - Arkansas consumers won the focus of the House of Representatives during the seventh week of the 85th General Assembly with the passage of bills expanding patients' rights and limiting what automobile insurers can use in setting a driver's insurance rates.

The House approved the "any willing provider" legislation in Senate Bills 43 and 44. Supporters say the bills will prevent managed care plans from excluding medical providers who are willing to accept the plan's rates as payment for services. Patients will have more freedom to choose their own doctors, hospitals and other health-care providers, supporters said. Opponents said the legislation will drive up costs.

SB 43, which establishes the "any willing provider" plan, was approved on a vote of 81-13. SB 44, which sets penalties for violations of SB 43, was approved on a vote of 81-14. Rep. Jay Bradford of White Hall presented the bills in the House. The Senate later in the week unanimously agreed to House amendments and sent the bills to the governor.

The House also approved HB 1315, by Rep. Rick Green of Van Buren, prohibiting insurance companies from using a consumer's credit rating in determining that consumer's automobile insurance premiums. Supporters of the bill argued that people with excellent credit but who were no longer using credit after paying off all their debts were being penalized through higher premiums. Opponents of the bill cited statistics showing that those with poor or no credit file more insurance claims. Credit scores are among several criteria used by insurance underwriters to determine rates. The House approved the bill on a vote of 72-20 and sent the bill to the Senate.

The House also approved HB 1525, by Rep. Joyce Elliott of Little Rock, to provide college scholarships and in-state tuition rates to undocumented immigrants who graduate from Arkansas high schools. Supporters of the bill said young people already go all the way through Arkansas public schools at taxpayers' expense and shouldn't be penalized after graduation because their parent or parents are not documented citizens.

The state Department of Education estimated that 100 undocumented young people would be affected by the bill each year, with an estimated total cost of $235,000 for the first year such college aid is made available. Education officials said providing the money to undocumented immigrants won't take money away from Arkansas citizens, noting that several million dollars in state scholarship money went unused last year. The bill was approved on a vote of 63-31 and was sent to the Senate.

The House also has given final approval to Senate Bill 235 letting Arkansas voters go to the polls the first Tuesday in February to select political parties' nominees for president. Arkansas voters currently vote for presidential nominees in May, when the nominations virtually are already secured. A primary election in February puts Arkansas among the first states to select presidential nominees.

Supporters of the measure say it will give Arkansans a bigger say in choosing presidential nominees and bring a lot of attention to the state, as well as money spent by campaigns and the traveling national media. Party primaries for other offices such as sheriff, state representative and governor will continue to be held in May. Rep. Janet Johnson of Bryant presented the bill in the House. The Senate later agreed to a minor House amendment and sent the bill to the governor.

The House gave final approval to Senate amendments to HB 1033, by Rep. Jeremy Hutchinson, to require a parent's consent before a minor receives an abortion. The bill now goes to the governor. In the case of a pregnancy caused by incest or the rape by a parent or family member, the minor can get paperwork from the abortion provider seeking a judge's exemption from the parental-consent decree. A parent's consent must be given directly to the physician or through a statement signed and notarized.

In other business during the week:
  • Senate Bill 109, which requires the tablet form of certain types of cold medicines to be sold only from behind the counter by a registered pharmacist, has been signed into law and is now Act 256. Such drugs contain ephedrine and pseudoephedrine - key ingredients in the manufacture of methamphetamine. Arkansas is among the nation's leaders in the number of meth labs raided each year by law enforcement authorities.

  • The House approved HB 1488, by Rep. Frank Glidewell of Fort Smith, establishing the "In God We Trust" license plate. The bill now goes to the Senate. The plates will cost the regular vehicle registration fee, a $10 handling fee, and a $25 specialty fee to be placed in a special account in the Department of Human Services for distribution to Meals on Wheels programs.

  • The House approved HB 1360, by Rep. Ray Kidd of Jonesboro, to require electronic voting machines to produce a paper record of votes cast for use in a possible recount. The bill applies to voting machines in use after January 1, 2006. The bill now goes to the Senate.

  • The House approved HB 1442, by Rep. Sandra Prater of Jacksonville, to require certified nurse assistants to receive an additional 15 hours of training, with 12 of those hours devoted to the care of patients with Alzheimer's and the three other hours devoted to other forms of dementia. University of Arkansas Athletic Director Frank Broyles, whose late wife, Barbara, had Alzheimer's, testified during committee in favor of the bill. Broyles said he and his family had the resources to make sure his wife had special care but noted that many Arkansans aren't as fortunate.

  • The House approved HB 1570, by Rep. Scott Sullivan of De Queen, to give livestock and poultry farmers the power to sue agriculture companies with whom they've contracted. Contracts today between the growers and companies typically contain clauses prohibiting litigation and requiring arbitration instead. And, according to supporters, arbitration is expensive and unaffordable, leaving growers with no recourse against the companies. The bill goes to the Senate.
Lawmakers wrapped up the week with a study of several bills outlining how the state will go about repairing school facilities across the state. That plan, along with setting a dollar amount on school repairs for the next two budget years, will set the stage for the session's final weeks.

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