People who cannot work due to medical conditions or disabilities may apply for disability benefits. One of the main criteria for receiving disability benefits is having a disability, and many conditions that may qualify stem from obesity. While Act 628 does not change disability eligibility, it sheds new light on how obesity is viewed as a coverable condition.
Disability benefits are typically a federal matter and are often administered by the Social Security Administration (SSA). Act 628 applies to coverage from “health benefit plans” and requires all plans in Arkansas to cover certain procedures or treatment related to severe obesity, such as bariatric surgery. This does not change eligibility for federal disability benefits.
Talk to our Arkansas disability benefits lawyers in a free, private case review when you call (479) 316-0438.
Does Arkansas Act 628 Affect Your Eligibility for Disability?
Eligibility for disability benefits is determined by federal law and the SSA, not state laws. While certain state laws may interact with federal disability benefits, Act 628 does not change eligibility criteria. However, it provides a new form of coverage for those living with obesity.
Eligibility Criteria
Act 628 applies to “health benefit plans” in Arkansas and went into effect on January 1, 2026. The law requires that all health benefit plans provide coverage for reasonably necessary medical care. The law specifically mentions coverage for bariatric surgery for weight loss.
Act 628 specifically excludes disability income plans. A health benefit plan, under this Act, does not include disability income plans. It also does not include Workers’ Compensation plans.
Even so, many people who live with obesity may have conditions that qualify them for disability benefits, and our Arkansas disability benefits lawyers will help determine whether you are eligible.
How Disability is Paid
The key distinction here is that Act 628 applies to health benefit plans in Arkansas, not federal disability payments. State laws usually cannot determine matters of federal law. In short, Arkansas Act 628 cannot legally add, remove, or alter eligibility criteria for federal disability benefits, such as Social Security Disability Insurance (SSDI).
Who Provides Benefits?
In Arkansas, all “health benefit plans” offered within the state must provide coverage for medically necessary treatment of conditions caused by severe obesity.
The Act defines a health benefit plan somewhat broadly. It includes a range of plans that must include bariatric coverage, but it specifically excludes disability payment plans from this definition. That means disability eligibility should not be changed.
How Obesity May Affect Disability Benefits Under Arkansas Act 628
Many people living with disabilities also deal with obesity. For many, disabilities that may qualify them for benefits may stem from severe obesity.
Is Obesity a Disability?
Obesity is not considered a disability, at least not under Act 628. While many conditions that occur because of obesity and severe obesity may qualify someone for disability benefits, obesity alone is not.
Act 628 does not change this legal view of obesity considering it is a state law and SSDI disabilities are decided at the federal level. Obesity is still, on its own, not a compensable disability for SSDI.
Disabilities Related to Obesity
Act 628 requires that health benefit plans, not disability benefits, must cover reasonably necessary treatment for conditions caused by obesity. However, obesity itself is not covered by this act.
Disabilities caused by obesity (e.g., cardiovascular conditions, respiratory problems, kidney disease) are covered through SSDI, and Act 628 does not change that.
What Does Arkansas Act 628 Cover?
Again, Act 628 does not alter eligibility criteria for disability benefits. However, it requires health benefit plans (e.g., insurance plans) to cover certain obesity-related conditions and procedures.
Bariatric Surgery
The primary aim of this law appears to be to pay for bariatric medical procedures. The law specifically states that health benefit plans in Arkansas, as of January 1, 2026, must provide for bariatric surgery, including preoperative and postoperative care.
Additionally, the law aims to provide coverage for medical conditions caused by severe obesity.
Severe Obesity
Act 628 only applies to conditions caused by “severe obesity.” This does not include everyone who might be overweight or even obese. The law defines severe obesity as a body mass index of 40 kg/m2 or greater, or 35 kg/m2 with a comorbidity such as hypertension, diabetes, or sleep apnea.
Injectable Medication
The law specifically excludes coverage for injectable medications to manage glucose levels (diabetes) or for weight loss (GLP-1 medication).
If you are considering GLP-1 medication (e.g., Ozempic) for weight loss, or you need help paying for diabetes medication, Act 628 is not where you should be seeking help.
FAQs About Disability Benefits and Arkansas Act 628
Does Arkansas Act 628 Affect Eligibility for Disability Benefits?
No. Act 628 does not change any eligibility criteria regarding disability benefits. It does change how health benefit plans must pay for certain medical procedures or treatment for conditions caused by severe obesity.
What Does Arkansas Act 628 Cover?
Act 628 covers conditions related to severe obesity. The Act primarily covers bariatric surgeries for weight loss, including preoperative and postoperative care. The Act requires health benefit plans in Arkansas to cover these procedures.
Does Workers’ Compensation Cover Injuries or Conditions Related to Obesity?
Typically, no. Obesity is not normally considered a work-related injury, so obesity is usually not covered by Workers’ Comp. Also, Act 628 has no impact on Workers’ Compensation.
Will Insurance Pay for Bariatric Surgery in Arkansas?
Under Act 628, all health benefit plans in Arkansas must cover bariatric surgery, including preoperative and postoperative care, beginning on January 1, 2026.
Contact Our Arkansas Disability Benefits Attorneys for Help
Talk to our Alma, AR disability benefits lawyers in a free, private case review when you call (479) 316-0438.