Arkansas Administrative Code

23 CAR § 9-121. Adequacy of surplus. (a)(1) The factors set forth in Arkansas Code § 23-63-515(b) are not intended to be an exhaustive list. (2) In determining the adequacy and reasonableness of an insurer's surplus, no single factor is necessarily controlling. (b)(1) The Insuran…

23 CAR § 9-122. Group capital calculation. (a) Where an insurance holding company system has previously filed the annualgroup capital calculation at least once, the lead state commissioner has the discretion to exempt the ultimate controlling person from filing the annual group c…

23 CAR § 100-101. Purpose. (a) The purpose of this part is to: (1) Provide prospective purchasers with clear and unambiguous statements in the advertisement of Medicare Supplement Insurance; and (2) Ensure the clear and truthful disclosure of the benefits, limitations, and exclus…

23 CAR § 100-102. Applicability. (a) This part shall apply to any advertisement of Medicare Supplement Insurance as that term is defined herein, unless otherwise specified in this part, that the insurer knows or reasonably should know is intended for presentation, distribution, o…

23 CAR § 100-103. Definitions. As used in this part: (1)(A) An "advertisement" shall include: (i) Printed and published material, audio visual material, and descriptive literature used by or on behalf of an insurer in: (a) Direct mail; (b) Newspapers; (c) Magazines; (d) Radio scr…

23 CAR § 100-104. Method of disclosure of required information. All information required to be disclosed by this part shall be set out conspicuously and in close conjunction with the statements to which such information relates or under appropriate captions of such prominence tha…

23 CAR § 100-105. Form and content of advertisements. (a)(1) The format and content of a Medicare Supplement Insurance advertisement shall be sufficiently complete and clear to avoid deception or the capacity or tendency to mislead or deceive. (2) Whether an advertisement has a c…

23 CAR § 100-106. Advertisements of benefits, losses covered, or premiums payable. (a) Deceptive words, phrases, or illustrations prohibited. (1)(A) No advertisement shall omit information or use words, phrases, statements, references, or illustrations if the omission of such inf…

23 CAR § 100-107. Necessity for disclosing policy provisions relating to renewability, cancellability, and termination. An advertisement that is an invitation to contract shall disclose the provisions relating to renewability, cancellability, and termination and any modification …

23 CAR § 100-108. Testimonials or endorsements by third parties. (a)(1) Testimonials and endorsements used in advertisements must: (A) Be genuine; (B) Represent the current opinion of the author; (C) Be applicable to the policy advertised; and (D) Be accurately reproduced. (2) Th…

23 CAR § 100-109. Use of statistics. (a)(1) An advertisement relating to the dollar amounts of claims paid, the number of persons insured, or similar statistical information relating to any insurer or policy shall not: (A) Use irrelevant facts; and (B) Be used unless it accuratel…

23 CAR § 100-110. Disparaging comparisons and statements. (a)(1) An advertisement shall not: (A) Directly or indirectly make unfair or incomplete comparisons of policies or benefits or comparisons of noncomparable policies of other insurers; (B) Disparage competitors or their: (i…

23 CAR § 100-111. Jurisdictional licensing and status of insurer. (a) An advertisement that is intended to be seen or heard beyond the limits of the jurisdiction in which the insurer is licensed shall not imply licensing beyond those limits. (b) An advertisement shall not create …

23 CAR § 100-112. Identity of insurer. (a)(1) The name of the actual insurer shall be stated in all of its advertisements. (2) The form number or numbers of the policy advertised shall be stated in an advertisement that is an invitation to contract. (3) An advertisement shall not…

23 CAR § 100-113. Group or quasi-group implications. (a) An advertisement of a particular policy shall not state or imply that prospective insureds become group or quasi-group members covered under a group policy and as such enjoy special rates or underwriting privileges, unless …

23 CAR § 100-114. Introductory, initial, or special offers. (a)(1)(A) An advertisement of an individual policy shall not directly or by implication represent that a contract or combination of contracts is an introductory, initial, or special offer, or that applicants will receive…

23 CAR § 100-115. Statements about an insurer. (a) An advertisement shall not contain statements that are untrue in fact or by implication misleading with respect to the assets, corporate structure, financial standing, age, or relative position of the insurer in the insurance bus…

23 CAR § 100-116. Enforcement procedures. (a) Advertising file. (1) Each insurer shall maintain at its home or principal office a complete file containing every printed, published, or prepared advertisement of its individual policies and typical printed, published, or prepared ad…

23 CAR § 100-117. Filing requirements for advertising. Every insurer, health care service plan, or other entity providing Medicare Supplement Insurance or benefits in the state shall provide a copy of any Medicare supplement advertisement intended for use in this state, whether t…

23 CAR § 101-101. Purpose. (a) The purpose of this part is to: (1) Establish standards for testing for the presence of human immunodeficiency virus (HIV); and (2) Prevent unfair discriminatory practices. (b) By establishing standards to regulate trade practices, the public will b…

23 CAR § 101-102. Applicability. This part shall apply to all life insurers, accident and health insurers, fraternal benefit societies, hospital medical service corporations, and health maintenance organizations licensed pursuant to the Arkansas Insurance Code.

23 CAR § 101-103. Nondiscriminatory testing for human immunodeficiency virus (HIV). (a)(1) A proposed insured for life or accident and health insurance or any other coverage with a company licensed under the Arkansas Insurance Code may be required to be tested for the presence of…

23 CAR § 101-104. Unfair discrimination. (a) General propositions. (1) No inquiry in an application for accident and health or life insurance coverage, or in an investigation conducted by or on behalf of an insurer in connection with an application for such coverage, shall be dir…

23 CAR § 101-105. Form. The following form is made a part of this rule and shall be used when so required by this rule. NOTICE AND CONSENT FORM FOR AIDS VIRUS (HIV) TESTING To evaluate your eligibility for insurance or insurance benefits, it is requested that you consent to be te…

23 CAR § 102-101. Purpose. The purpose of this part is to implement and coordinate insurers' compliance with Arkansas Code § 23-79-141, as amended by Acts 1995, No. 685.

23 CAR § 102-102. Applicability and scope. (a) This part applies to every disability (health) insurer, hospital or medical service corporation, health maintenance organization, and fraternal benefit society licensed by the Insurance Commissioner and to each self-insured plan tran…

23 CAR § 102-103. Definitions. As used in this part: (1) “Anticipatory guidance” shall include such things as: (A) Visual evaluation (Titmus machine or other ophthalmological testing not required); (B) Hearing evaluation (machine audiology test not required); (C) Dental inspectio…

23 CAR § 102-104. Reimbursement levels. (a)(1) Pursuant to Arkansas Code § 23-79-141(f), as amended by Acts 1995, No. 685, reimbursement levels shall be approved by the Insurance Commissioner at minimum amounts equal to current Arkansas Medicaid reimbursement levels and thereafte…

23 CAR § 102-105. Periodic screening guidelines. (a) For compliance with this part, insurers and others shall adhere to standards for the most current and recommended Periodicity Schedule of the American Academy of Pediatrics and to the most current and recommended immunization a…

23 CAR § 103-101. Purpose. The purpose of this part is to: (1) Ensure the orderly implementation and conversion of Medicare supplement insurance benefits and premiums due to changes in the federal Medicare program; (2) Provide for the reasonable standardization of the coverage, t…

23 CAR § 103-102. Applicability and scope. (a) This part shall take precedence over other rules and requirements relating to Medicare supplement policies or contracts to: (1) The extent necessary to assure that benefits are not duplicated; (2) Adjust minimum required benefits to …

23 CAR § 103-103. Definitions. As used in this part: (1) "Applicant" means: (A) In the case of an individual Medicare supplement policy or contract, the person who seeks to contract for insurance benefits; and (B) In the case of a group Medicare supplement policy or contract, the…

23 CAR § 103-104. Benefit conversion requirements. (a) Effective January 1, 1990, no Medicare supplement insurance policy, contract, or certificate in force in this state shall contain benefits that duplicate benefits provided by Medicare. (b) Benefits eliminated by operation of …

23 CAR § 103-105. Form and rate filing requirements. (a) As soon as practicable, but no longer than forty-five (45) days after the effective date of the Medicare benefit changes, every insurer, healthcare service plan, or other entity providing Medicare supplement insurance or co…

23 CAR § 103-106. Offer of reinstitution of coverage. (a) Except as provided in subsection (b) of this section, in the case of an individual who had in effect, as of December 31, 1988, a Medicare supplemental policy with an insurer (as a policyholder or, in the case of a group po…

23 CAR § 103-107. Requirements for new policies and certificates. (a)(1) Effective January 1, 1990, no Medicare supplement insurance policy, contract, or certificate shall be delivered or issued for delivery in this state that provides benefits that duplicate benefits provided by…

23 CAR § 103-108. Filing requirements for advertising. (a) Every insurer, healthcare service plan, or other entity providing Medicare supplement insurance or benefits in this state shall provide a copy of any advertisement intended for use in this state whether through written, r…

23 CAR § 103-109. Buyer’s guide. No insurer, healthcare service plan, or other entity shall make use of or otherwise disseminate any buyer’s guide or informational brochure that: (1) Does not accurately outline current Medicare benefits; and (2) Has not been adopted by the Insura…

23 CAR § 104-101. Purpose. (a) The purpose of this part is to provide: (1) Tables of select mortality factors and rules for their use; (2) Rules concerning a minimum standard for the valuation of plans with nonlevel premiums or benefits; and (3) Rules concerning a minimum standar…

23 CAR § 104-102. Applicability. (a) This part shall apply to all life insurance policies, with or without nonforfeiture values, issued on or after the effective date of this part, subject to the following exceptions and conditions. (b) Exceptions. This part shall not apply to: (…

23 CAR § 104-103. Definitions. For purposes of this part: (1) “1980 CSO valuation tables” means: (A) The Commissioners 1980 Standard Ordinary Mortality Table (1980 CSO Table) without ten-year selection factors, incorporated into the 1980 amendments to the NAIC Standard Valuation …

23 CAR § 104-104. General calculation requirements for basic reserves and premium deficiency reserves. (a)(1) At the election of the company for any one (1) or more specified plans of life insurance, the minimum mortality standard for basic reserves may be calculated using the 19…

23 CAR § 104-105. Calculation of minimum valuation standard for policies with guaranteed nonlevel gross premiums or guaranteed nonlevel benefits other than universal life policies. (a) Basic reserves. (1) Basic reserves shall be calculated as the greater of the segmented reserves…

23 CAR § 104-106. Calculation of minimum valuation standard for flexible premium and fixed premium universal life insurance policies that contain provisions resulting in the ability of a policy owner to keep a policy in force over a secondary guarantee period. (a) General. (1) Po…

23 CAR § 105-101. Purpose and scope. (a) The purpose of this part is to implement and provide guidance for compliance with the Arkansas Life and Health Insurance Guaranty Association Act, Arkansas Code § 23-96-101 et seq. (b) This part applies to every member insurer of the Arkan…

23 CAR § 105-102. Notices. (a) Pursuant to Arkansas Code § 23-96-105 and § 23-96-107(c), the Insurance Commissioner hereby promulgates this part in order to establish the form and content of the coverage documents to be delivered to policy or contract owners. (b) Appendix A is to…

23 CAR § 106-101. Preamble. (a) The State Insurance Department recognizes that licensed insurers routinely enter into reinsurance agreements that yield legitimate relief to the ceding insurer from strain to surplus. (b)(1) However, it is improper for a licensed insurer, in the ca…

23 CAR § 106-102. Scope and application. (a) This part shall apply to all domestic life and disability insurers and to all other licensed life and disability insurers that are not subject to a substantially similar regulation in their domiciliary state. (b) This part shall also s…

23 CAR § 106-103. Accounting requirements. (a) No insurer subject to this part shall, for reinsurance ceded, reduce any liability or establish any asset in any financial statement filed with the State Insurance Department if, by the terms of the reinsurance agreement, in substanc…

23 CAR § 106-104. Written agreements. (a) No reinsurance agreement or amendment to any agreement may be used to reduce any liability or to establish any asset in any financial statement filed with the State Insurance Department, unless the agreement, amendment, or a binding lette…