Arkansas Administrative Code

23 CAR § 129-101. Purpose. (a) The purpose of this part is to provide standards for the disclosure of certain minimum information about annuity contracts to protect consumers and foster consumer education. (b) This part specifies the minimum information that must be disclosed and…

23 CAR § 129-102. Applicability and scope. This part applies to all group and individual annuity contracts and certificates except: (1) Registered or nonregistered variable annuities or other registered products; (2) Immediate and deferred annuities that contain no nonguaranteed …

23 CAR § 129-103. Definitions. For the purposes of this part: (1) "Buyer's Guide" means the free guide available at the State Insurance Department or online at www.insurance.arkansas.gov titled ''Buyer's Guide to Fixed Deferred Annuities"; (2) "Contract owner" means the owner nam…

23 CAR § 129-104. Standards for the disclosure document and Buyer’s Guide. (a)(1) Where the application for an annuity contract is taken in a face-to-face meeting, the applicant shall at or before the time of application be given both the disclosure document described in subsecti…

23 CAR § 129-105. Report to contract owners. For annuities in the payout period with changes in nonguaranteed elements and for the accumulation period of a deferred annuity, the insurer shall provide each contract owner with a report, at least annually, on the status of the contr…

23 CAR § 129-106. Penalties. In addition to any other penalties provided by the laws of this state, an insurer or producer that violates a requirement of this rule shall be guilty of a violation of the Trade Practices Act, Arkansas Code § 23-66-201 et seq.

23 CAR § 130-101. Purpose. The purpose of this part is to set forth minimum standards and guidelines to ensure a full and truthful disclosure to the public of all material and relevant information in the advertising of life insurance policies and annuity contracts.

23 CAR § 130-102. Definitions. For the purpose of this part: (1)(A) “Advertisement” means material designed to create public interest in life insurance or annuities, in an insurer, or in an insurance producer, or to induce the public to purchase, increase, modify, reinstate, borr…

23 CAR § 130-103. Applicability. (a)(1) This part shall not apply to preneed insurance contracts as defined in Preneed Insurance Replacement and Prepaid Funeral Benefits Contract Cancellation Requirements, 23 CAR pt. 111. (2) This part shall apply to all other life insurance or a…

23 CAR § 130-104. Form and content of advertisements. (a)(1) Advertisements shall be truthful and not misleading in fact or by implication. (2) The form and content of an advertisement of a policy shall be sufficiently complete and clear so as to avoid deception. (3)(A) It shall …

23 CAR § 130-105. Disclosure requirements. (a) The information required to be disclosed by this part shall not be minimized, rendered obscure, presented in an ambiguous fashion, or intermingled with the text of the advertisement so as to be confusing or misleading. (b)(1) An adve…

23 CAR § 130-106. Identity of insurer. (a)(1) The name of the insurer shall be clearly identified in all advertisements about the insurer or its products, and if any specific individual policy is advertised it shall be identified either by form number or other appropriate descrip…

23 CAR § 130-107. 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 may state that an…

23 CAR § 130-108. Statements about the insurer. (a) An advertisement shall not contain statements, pictures, or illustrations that are false or misleading, in fact or by implication, with respect to the assets, liabilities, insurance in force, corporate structure, financial condi…

23 CAR § 130-109. Enforcement procedures. (a)(1) Each insurer shall maintain at its home or principal office a complete file containing a specimen copy of every printed, published, or prepared advertisement of its individual policies and specimen copies of typical printed, publis…

23 CAR § 130-110. Penalties. An insurer or its officers, directors, producers, or employees that violate any of the provisions of this part or knowingly participate in or abet such violation shall be subject to: (1) A fine up to one thousand dollars ($1,000) for each violation; a…

23 CAR § 130-111. Conflict with other laws or rules. (a) It is not intended that this part conflict with or supersede any rules currently in force or subsequently adopted in this state governing specific aspects of the sale or replacement of life insurance including, but not limi…

23 CAR § 131-101. Purpose. (a) The purpose of this part is to establish the guidelines for submission of medical, dental, and pharmaceutical claims, unique identifiers and geographic and demographic information for covered individuals, and provider files to the Arkansas Healthcar…

23 CAR § 131-102. Applicability and scope. This part applies to all submitting entities as defined in 23 CAR § 131-103 unless otherwise exempted pursuant to 23 CAR § 131-104(c).

23 CAR § 131-103. Definitions. The following definitions shall apply in this part: (1) "Administrator" means the Arkansas Center for Health Improvement; (2) "AID" means the State Insurance Department; (3) "All-payer claims database" or "APCD" means the database created and mainta…

23 CAR § 131-104. General reporting requirements — Exemptions. (a) Submitting entity requirements. Unless exempted by the Insurance Commissioner in accordance with subsection (c) of this section or by the explicit language of this part, a submitting entity shall submit to the Sta…

23 CAR § 131-105. Submission exclusions — Data Submission Guide. (a) Extension, variance, or waiver of data submission requirements. (1) If a submitting entity is temporarily unable to meet the requirements of this part, including the standards in the Data Submission Guide other …

23 CAR § 131-106. Data Submission Guide. (a) Data Submission Guide standards. (1) The administrator, in consultation with the Arkansas Healthcare Transparency Initiative Board will develop and make publicly available a Data Submission Guide that will be used to evaluate data subm…

23 CAR § 131-107. Arkansas Healthcare Transparency Initiative Board — Subcommittees. (a) Arkansas Healthcare Transparency Initiative Board duties and composition. (1) The Arkansas Healthcare Transparency Initiative Board will serve in an advisory capacity: (A) Providing input int…

23 CAR § 131-108. Administrator. (a) The Arkansas Center for Health Improvement will host and administer the APCD and have custody of the data collected by the APCD as part of the Arkansas Healthcare Transparency Initiative. (b) Except as authorized in state law, the administrato…

23 CAR § 131-109. Initiative public use and reports. (a)(1) Contingent upon available funding and in consultation with the Arkansas Healthcare Transparency Initiative Board, the State Insurance Department will issue reports from data collected by the Arkansas Healthcare Transpare…

23 CAR § 131-110. Limited data set requests. (a)(1) The State Insurance Department, in consultation with the Arkansas Healthcare Transparency Initiative Board, will determine a limited data set of elements to be made available for research projects. (2) The requester will submit …

23 CAR § 131-111. Public record. Data submitted by submitting entities to the State Insurance Department through the administrator are: (1) Confidential; (2) Exempt from disclosure under the Freedom of Information Act of 1967, Arkansas Code § 25-19-101 et seq.; and (3) Not subjec…

23 CAR § 131-112. Compliance. (a) Each time a submitting entity submits a file, the State Insurance Department will evaluate each submitting entity's submissions in accordance with the DSG. (b)(1) Upon completion of the evaluation, the department will promptly notify each submitt…

23 CAR § 131-113. Penalties for noncompliance. (a) Following notice to the submitting entity and the failure to comply during the thirty-day cure period, the Insurance Commissioner may impose a maximum penalty on a submitting entity of one thousand dollars ($1,000) per day, not t…

23 CAR § 131-114. Privacy and security. (a) The State Insurance Department will institute appropriate administrative, physical, and technical safeguards to ensure that the APCD, its operations, data collection and storage, and reporting disclosures are in compliance with the requ…

23 CAR § 132-101. Purpose. (a) The purpose of this part is to prohibit conflicts of interest that may arise when an insurer responsible for providing disability income benefits has discretionary authority to decide what benefits are due. (b) Nothing in this part shall be construe…

23 CAR § 132-102. Definitions. As used in this part: (1) "Commissioner" means the Insurance Commissioner; (2) "Disability income protection coverage" is a policy, contract, certificate, or agreement issued by an insurer subject to the insurance laws and rules of this state, or su…

23 CAR § 132-103. Discretionary clauses prohibited. No policy, contract, certificate, or agreement offered or issued in this state providing for disability income protection coverage may contain a provision purporting to reserve discretion to the insurer to interpret the terms of…

23 CAR § 132-104. Penalties. A violation of this part shall be subject to the same penalties and remedies authorized to be imposed against an insurer by the Insurance Commissioner under Arkansas Code § 23-66-210.

23 CAR § 134-101. Scope. This part applies to all nongrandfathered "qualified health plans" as defined by Section 1301 of the Patient Protection and Affordable Care Act, as amended by the Health Care and Education Reconciliation Act of 2010 (Affordable Care Act) as well as to, by…

23 CAR § 134-102. Purpose and background. (a) The purpose of this part is to comply with requirements issued by the United States Department of Health and Human Services for states to select a benchmark health plan before September 30, 2012, to serve as the standard for providing…

23 CAR § 134-103. Standards related to the selection of a benchmark health plan for this state. (a) In selecting the benchmark plan for establishing EHB for nongrandfathered individual and small group health plans, the Insurance Commissioner shall take into consideration the foll…

23 CAR § 135-101. Purpose. The purpose of this part is to establish Health Insurance Marketplace Assister fees for licensures.

23 CAR § 135-102. Definitions. As used in this part: (1) "Commissioner" means the Insurance Commissioner; and (2) "License" means a license obtained from the State Insurance Department for an IPA Guide, Navigator, Certified Application Counselor, or Health Insurance Marketplace l…

23 CAR § 135-103. Fees. (a) There shall be a thirty-five-dollar regulatory fee paid to the Insurance Commissioner prior to the issuance of a license. (b) The license shall be renewed annually at the thirty-five-dollar fee.

23 CAR § 136-101. Purpose. The purpose of this part is to establish the process by which an insurer who has issued a whole life insurance policy or annuity which funds a prepaid funeral benefits contract, must verify benefits for a contract beneficiary.

23 CAR § 136-102. Requirements. (a) An insurer who has issued a whole life insurance policy or annuity which funds a prepaid funeral benefits contract shall verify the benefits of the contract beneficiary within three (3) business days from the receipt of a notification of death …

23 CAR § 136-103. Penalties. The Insurance Commissioner may impose a fine not to exceed five hundred dollars ($500) for each failure to provide the verification required by this part and Arkansas Code § 23-40-112(h), and not more than five thousand dollars ($5,000) in the aggrega…

23 CAR § 137-101. Purpose. The purpose of this part is to: (1) Establish minimum standards for the creation and maintenance of networks by health carriers; and (2) Ensure the adequacy, accessibility, and quality of healthcare services offered under health benefit plans.…

23 CAR § 137-102. Applicability and scope. This part applies to all health carriers that offer health benefit plans in this state that are issued or renewed on or after January 1, 2015.

23 CAR § 137-103. Definitions. For purposes of this part: (1) “Accredited health carrier" means a health carrier that has an adequate network as certified by an approved accrediting organization under the provisions of 23 CAR § 137-104(k); (2) "Commissioner" means the Insurance C…

23 CAR § 137-104. Network adequacy minimum standards. (a)(1) A health carrier providing a health benefit plan shall maintain a network that is sufficient in numbers and types of providers to ensure that all healthcare services to covered persons will be accessible without unreaso…

23 CAR § 137-105. Standalone dental plans. (a)(1) For standalone dental plans offered through the Affordable Care Act-approved marketplace or where a standalone dental plan is offered outside of the Affordable Care Act-approved marketplace for the purpose of providing the essenti…

23 CAR § 137-106. Provider Type NPI Pool data maintenance. (a)(1) A list of provider types developed by the State Insurance Department and the Department of Health will be monitored for network adequacy. (2) The provider types are defined in terms of National Uniform Claim Commit…