Blanket accident and health insurance — Payment of benefits

Ark. Code Ann. § 23-86-104 — under Group and Blanket Accident and Health Insurance.

Ark. Code Ann. § 23-86-104

(a) (1) Except as provided under subsection (c) of this section, all benefits under any blanket accident and health insurance policy or health benefit plan shall be payable to the person insured, to the designated beneficiaries, or to his or her estate.(2) However, if the person insured is a minor or mental incompetent, the benefits may be made payable to the parent, guardian, or other person actually supporting the minor or mental incompetent. If the entire cost of the insurance has been borne by the employer, the benefits may be made payable to the employer.

(1) Except as provided under subsection (c) of this section, all benefits under any blanket accident and health insurance policy or health benefit plan shall be payable to the person insured, to the designated beneficiaries, or to his or her estate.

(2) However, if the person insured is a minor or mental incompetent, the benefits may be made payable to the parent, guardian, or other person actually supporting the minor or mental incompetent. If the entire cost of the insurance has been borne by the employer, the benefits may be made payable to the employer.

(b) (1) However, except as provided under subsection (c) of this section, the policy or health benefit plan may provide that all or any portion of any indemnities provided by the policy or health benefit plan on account of hospital, nursing, medical, or surgical services, at the healthcare insurer's option, may be paid directly to the hospital or person rendering the services, but the policy or health benefit plan shall not require that the service be rendered by a particular hospital or person.(2) Payment made under subdivision (b)(1) of this section discharges the healthcare insurer's obligation with respect to the amount of insurance paid.

(1) However, except as provided under subsection (c) of this section, the policy or health benefit plan may provide that all or any portion of any indemnities provided by the policy or health benefit plan on account of hospital, nursing, medical, or surgical services, at the healthcare insurer's option, may be paid directly to the hospital or person rendering the services, but the policy or health benefit plan shall not require that the service be rendered by a particular hospital or person.

(2) Payment made under subdivision (b)(1) of this section discharges the healthcare insurer's obligation with respect to the amount of insurance paid.

(c) A healthcare insurer shall pay a claim for any indemnity provided by a health benefit plan on account of hospital, nursing, medical, or surgical services directly to the healthcare provider that provided the service for an out-of-network claim.

(d) As used in this section:(1) (A) “Health benefit plan” means:(i) An individual, blanket, or group plan or a policy or contract for healthcare services offered, issued, renewed, delivered, or extended in this state by a healthcare insurer; and(ii) A health benefit program receiving state or federal appropriations from the State of Arkansas, including the Arkansas Medicaid Program and the Arkansas Health and Opportunity for Me Program established by the Arkansas Health and Opportunity for Me Act of 2021, § 23-61-1001 et seq., or any successor program.(B) “Health benefit plan” includes:(i) Indemnity and managed care plans; and(ii) Nonfederal governmental plans as defined in 29 U.S.C. § 1002(32), as it existed on January 1, 2025.(C) “Health benefit plan” does not include:(i) A plan that provides only dental benefits or eye and vision care benefits;(ii) A disability income plan;(iii) A credit insurance plan;(iv) Insurance coverage issued as a supplement to liability insurance;(v) A medical payment under an automobile or homeowners insurance plan;(vi) A health benefit plan provided under Arkansas Constitution, Article 5, § 32, the Workers' Compensation Law, § 11-9-101 et seq., or the Public Employee Workers' Compensation Act, § 21-5-601 et seq.;(vii) A plan that provides only indemnity for hospital confinement;(viii) An accident-only plan;(ix) A specified disease plan; or(x) A long-term-care-only plan; and(2) (A) “Healthcare insurer” means an entity subject to the insurance laws of this state or the jurisdiction of the Insurance Commissioner that contracts or offers to contract to provide health insurance coverage, including without limitation an insurance company, a hospital and medical service corporation, a health maintenance organization, a self-insured governmental or church plan in this state, or the Arkansas Medicaid Program.(B) “Healthcare insurer” does not include an entity that provides only dental benefits or eye and vision care benefits.

(1) (A) “Health benefit plan” means:(i) An individual, blanket, or group plan or a policy or contract for healthcare services offered, issued, renewed, delivered, or extended in this state by a healthcare insurer; and(ii) A health benefit program receiving state or federal appropriations from the State of Arkansas, including the Arkansas Medicaid Program and the Arkansas Health and Opportunity for Me Program established by the Arkansas Health and Opportunity for Me Act of 2021, § 23-61-1001 et seq., or any successor program.(B) “Health benefit plan” includes:(i) Indemnity and managed care plans; and(ii) Nonfederal governmental plans as defined in 29 U.S.C. § 1002(32), as it existed on January 1, 2025.(C) “Health benefit plan” does not include:(i) A plan that provides only dental benefits or eye and vision care benefits;(ii) A disability income plan;(iii) A credit insurance plan;(iv) Insurance coverage issued as a supplement to liability insurance;(v) A medical payment under an automobile or homeowners insurance plan;(vi) A health benefit plan provided under Arkansas Constitution, Article 5, § 32, the Workers' Compensation Law, § 11-9-101 et seq., or the Public Employee Workers' Compensation Act, § 21-5-601 et seq.;(vii) A plan that provides only indemnity for hospital confinement;(viii) An accident-only plan;(ix) A specified disease plan; or(x) A long-term-care-only plan; and

(A) “Health benefit plan” means:(i) An individual, blanket, or group plan or a policy or contract for healthcare services offered, issued, renewed, delivered, or extended in this state by a healthcare insurer; and(ii) A health benefit program receiving state or federal appropriations from the State of Arkansas, including the Arkansas Medicaid Program and the Arkansas Health and Opportunity for Me Program established by the Arkansas Health and Opportunity for Me Act of 2021, § 23-61-1001 et seq., or any successor program.

(i) An individual, blanket, or group plan or a policy or contract for healthcare services offered, issued, renewed, delivered, or extended in this state by a healthcare insurer; and

(ii) A health benefit program receiving state or federal appropriations from the State of Arkansas, including the Arkansas Medicaid Program and the Arkansas Health and Opportunity for Me Program established by the Arkansas Health and Opportunity for Me Act of 2021, § 23-61-1001 et seq., or any successor program.

(B) “Health benefit plan” includes:(i) Indemnity and managed care plans; and(ii) Nonfederal governmental plans as defined in 29 U.S.C. § 1002(32), as it existed on January 1, 2025.

(i) Indemnity and managed care plans; and

(ii) Nonfederal governmental plans as defined in 29 U.S.C. § 1002(32), as it existed on January 1, 2025.

(C) “Health benefit plan” does not include:(i) A plan that provides only dental benefits or eye and vision care benefits;(ii) A disability income plan;(iii) A credit insurance plan;(iv) Insurance coverage issued as a supplement to liability insurance;(v) A medical payment under an automobile or homeowners insurance plan;(vi) A health benefit plan provided under Arkansas Constitution, Article 5, § 32, the Workers' Compensation Law, § 11-9-101 et seq., or the Public Employee Workers' Compensation Act, § 21-5-601 et seq.;(vii) A plan that provides only indemnity for hospital confinement;(viii) An accident-only plan;(ix) A specified disease plan; or(x) A long-term-care-only plan; and

(i) A plan that provides only dental benefits or eye and vision care benefits;

(ii) A disability income plan;

(iii) A credit insurance plan;

(iv) Insurance coverage issued as a supplement to liability insurance;

(v) A medical payment under an automobile or homeowners insurance plan;

(vi) A health benefit plan provided under Arkansas Constitution, Article 5, § 32, the Workers' Compensation Law, § 11-9-101 et seq., or the Public Employee Workers' Compensation Act, § 21-5-601 et seq.;

(vii) A plan that provides only indemnity for hospital confinement;

(viii) An accident-only plan;

(ix) A specified disease plan; or

(x) A long-term-care-only plan; and

(2) (A) “Healthcare insurer” means an entity subject to the insurance laws of this state or the jurisdiction of the Insurance Commissioner that contracts or offers to contract to provide health insurance coverage, including without limitation an insurance company, a hospital and medical service corporation, a health maintenance organization, a self-insured governmental or church plan in this state, or the Arkansas Medicaid Program.(B) “Healthcare insurer” does not include an entity that provides only dental benefits or eye and vision care benefits.

(A) “Healthcare insurer” means an entity subject to the insurance laws of this state or the jurisdiction of the Insurance Commissioner that contracts or offers to contract to provide health insurance coverage, including without limitation an insurance company, a hospital and medical service corporation, a health maintenance organization, a self-insured governmental or church plan in this state, or the Arkansas Medicaid Program.

(B) “Healthcare insurer” does not include an entity that provides only dental benefits or eye and vision care benefits.