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Arkansas Statutes, Title 23

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Arkansas/Statutes

← All Arkansas coverage

Title 23, Public Utilities and Regulated Industries

95 chapters · 3,921 sections in this title.

All chapters in Title 233,921 Ch 63, Insurance Companies Generally230 Ch 79, Insurance Policies Generally211 Ch 99, Healthcare Providers165 Ch 4, Regulation of Rates and Charges Gene…162 Ch 18, Light, Heat, and Power Utilities154 Ch 69, Domestic Stock and Mutual Insurers109 Ch 13, Motor Carriers107 Ch 17, Telephone and Telegraph Companies97 Ch 81, Life Insurance Policies And Annuities97 Ch 112, Arkansas Motor Vehicle Commission Act97 Ch 61, State Insurance Department95 Ch 48, Organization and Operation94 Ch 51, ARKANSAS TRUST INSTITUTIONS ACT OF 202589 Ch 12, Operation and Maintenance of Railroads87

95 sections·Filtered byTitle 23✕Ch 61✕

Ark. Code Ann. § 23-61-306 Hearing — Order
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(a) In the conduct of any hearing under the Arkansas Insurance Code and making his or her order thereon, the Insurance Commissioner shall act in a quasi-judicial capacity. (b) Within thirty (30) days after termination of the hearing or of any rehearing thereof or reargument there…
Ark. Code Ann. § 23-61-307 Hearing — Appeal
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(a) An appeal from the Insurance Commissioner shall be taken only from an order on hearing or with respect to a matter as to which the commissioner has refused or failed to grant or hold a hearing after demand therefor under § 23-61-303 or as to a matter as to which the commissio…
Ark. Code Ann. § 23-61-401 License and miscellaneous fees
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The Insurance Commissioner shall collect annually or biennially as prescribed by rule of the commissioner and pay to the Treasurer of State the following fees, licenses, and miscellaneous charges: (1) Admission fees: (A) Filing and reviewing all documents necessary for issuance o…
Ark. Code Ann. § 23-61-402 Disposition
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(a) The Insurance Commissioner shall deposit all fees collected under § 23-61-401 into the State Treasury as special revenues. Unless specifically authorized by law, order, or consent decree for collection and deposit into other accounts or other trust funds as general or special…

Ark. Code Ann. § 23-61-501 Purpose

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(1) The purpose of this subchapter is to:(1) Enable the State of Arkansas to determine jurisdiction over the providers of healthcare benefits described in § 23-61-503;(2) Allow examinations by this state unless the provider of healthcare benefits is able to show it is not subject…

Ark. Code Ann. § 23-61-502 Exempt healthcare plans

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(1) The provisions of this subchapter shall not apply to those healthcare plans which are maintained:(1) Pursuant to a collective bargaining agreement;(2) By a tax-exempt rural electric cooperative;(3) By The Poultry Federation; or(4) By any nonprofit vision service plan corporat…

Ark. Code Ann. § 23-61-503 Jurisdiction of State Insurance Department — Application of Arkansas Insurance Code

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(a) Notwithstanding any other provision of law and except as provided in this subchapter, any person, entity, or plan that provides coverage in this state for medical, surgical, chiropractic, physical therapy, speech pathology, audiology, professional mental health, dental, hospi…

Ark. Code Ann. § 23-61-504 Examination required — Exception

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Any person, entity, or other provider described in § 23-61-503 that fails to show it is not subject to the jurisdiction of the State Insurance Department shall submit to an examination or investigation by the Insurance Commissioner to determine its organization, solvency, and com…

Ark. Code Ann. § 23-61-508 Rules

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The Insurance Commissioner is authorized to promulgate rules which may be necessary for the implementation and enforcement of this subchapter.

Ark. Code Ann. § 23-61-601 Title

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This subchapter may be cited as the “Risk Management Act”.

Ark. Code Ann. § 23-61-602 Purpose

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(a) It is the purpose of this subchapter to reduce the cost to the state of insurance coverage, including surety bonds, by establishing the Risk Management Division. (b) It is also the purpose of this subchapter that the division analyze and make recommendations as to cost-effect…

Ark. Code Ann. § 23-61-603 Definitions

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(1) As used in this subchapter, unless the context otherwise requires:(1) “Risk management” means the minimization of loss through the discovery of loss sources, evaluation of the impact of a possible loss on the organization, and the selection of the most effective and efficient…

Ark. Code Ann. § 23-61-604 Risk Management Division — Creation

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There is created a Risk Management Division within the State Insurance Department.

Ark. Code Ann. § 23-61-605 Risk manager — Appointment — Authority

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(a) (1) The Administrator of the Risk Management Division will be appointed by the Insurance Commissioner.(2) The risk manager shall be knowledgeable and experienced in risk management techniques. (1) The Administrator of the Risk Management Division will be appointed by the Insu…

Ark. Code Ann. § 23-61-606 Procurement of insurance or surety bonding

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(a) The State Procurement Director shall procure insurance or surety bonding in accordance with the Arkansas Procurement Law, § 19-61-101 et seq., unless the risk manager determines that it is in the best interest of the state for the director to procure insurance or surety bondi…

Ark. Code Ann. § 23-61-607 Rules

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(a) The Administrator of the Risk Management Division shall have the authority to promulgate rules consistent with this subchapter. (b) All rules shall be subject to the approval of the Insurance Commissioner and conform with the requirements of the Arkansas Administrative Proced…

Ark. Code Ann. § 23-61-608 Advice and assistance for certain political subdivisions

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(a) At the request of any municipality, county, school district, or improvement district, the risk manager may give advice and assistance on the purchase of insurance coverage and other risk management techniques. (b) However, counties, municipalities, school districts, and impro…

Ark. Code Ann. § 23-61-609 Reports by state agencies

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State agencies shall report to the Administrator of the Risk Management Division information that the risk manager determines to be necessary to analyze and manage the risk of loss of state assets.

Ark. Code Ann. § 23-61-701 Title

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This subchapter shall be known as the “State Insurance Department Trust Fund Act”.

Ark. Code Ann. § 23-61-702 State Insurance Department Trust Fund — Creation

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(a) There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund to be known as the “State Insurance Department Trust Fund”, to be used to:(1) Defray the expenses of the State Insurance Department in the disch…

Ark. Code Ann. § 23-61-703 Insurers' administrative and financial regulation fees

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(a) Notwithstanding § 26-57-602 and other provisions of Arkansas law, all licensed insurers, including without limitation all licensed stock and mutual insurance companies, health maintenance organizations, fraternal benefit societies, hospital and medical service corporations, s…

Ark. Code Ann. § 23-61-704 Insurers' payment extensions — Penalties for noncompliance — Commissioner's waiver for impaired or insolvent insurers

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(a) (1) The Insurance Commissioner may grant any licensed insurer an extension for reporting and payment of the annual administrative and financial regulation fee for good cause shown upon the written application of the licensed insurer received at the State Insurance Department …

Ark. Code Ann. § 23-61-705 Insurers' regulation fees — Deposit into State Insurance Department Trust Fund as special revenues

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The Insurance Commissioner shall deposit all administrative and financial regulation fees and any penalties assessed under this subchapter directly into the State Insurance Department Trust Fund as special revenues.

Ark. Code Ann. § 23-61-706 Administrative and regulatory fees — Other licensees

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(a) In addition to and notwithstanding all other current and future statutory fees, assessments, or penalties paid by licensees or registrants in connection with the issuance and renewal of their Arkansas licenses or registrations as required under the Arkansas Insurance Code or …

Ark. Code Ann. § 23-61-708 Fees for various other departmental services and products

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(a) (1) Notwithstanding other provisions of this subchapter and notwithstanding other provisions of the Arkansas Insurance Code or other applicable Arkansas laws, the Insurance Commissioner shall by companion rule to this subchapter prescribe the amount and manner of payment of n…

Ark. Code Ann. § 23-61-709 Insurance Commissioner's authority, powers, and duties

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(a) The Insurance Commissioner shall be duly authorized to promulgate rules necessary to effectuate the purposes of this subchapter. (b) Upon his or her determination and finding that State Insurance Department appropriations or funding is insufficient to operate the department e…

Ark. Code Ann. § 23-61-710 Trust fund — State Insurance Department vouchers and Auditor of State

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(a) All fees, license fees, and additional or increased license or registration fees, fines, penalties, and revenues provided for in this subchapter received as special revenues for the State Insurance Department Trust Fund and deposited therein shall be deemed for all purposes r…

Ark. Code Ann. § 23-61-711 Fees additional to all others currently payable — Exception

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The fees assessed or imposed by this subchapter upon insurers, as defined or referenced in § 23-61-703, and the fees assessed or imposed in § 17-19-301 and §§ 23-61-706 — 23-61-709 upon professional bail bond companies, insurers, insurance agents, brokers, and other licensees or …

Ark. Code Ann. § 23-61-801 Title

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This subchapter shall be known and may be cited as the “Arkansas Health Insurance Marketplace Act”.

Ark. Code Ann. § 23-61-802 Definitions

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(1) As used in this subchapter:(1) “Federal act” means the federal healthcare laws established by Pub. L. No. 111-148, as amended by Pub. L. No. 111-152, and any amendments to or regulations or guidance issued under those statutes existing on April 23, 2013;(2) (A) “Health benefi…

Ark. Code Ann. § 23-61-803 Arkansas Health Insurance Marketplace

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(a) The Arkansas Health Insurance Marketplace is created as a division within the State Insurance Department. (b) The State Insurance Department shall plan and administer the Arkansas Health Insurance Marketplace and employ necessary staff. (c) The State Insurance Department shal…

Ark. Code Ann. § 23-61-804 Duties of Arkansas Health Insurance Marketplace

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(a) The Arkansas Health Insurance Marketplace shall:(1) Implement procedures and criteria for the certification, recertification, and decertification of health benefit plans as qualified health plans in compliance with state and federal law;(2) Provide for the operation of a toll…

Ark. Code Ann. § 23-61-805 Funding — Publication of costs

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(a) The General Assembly shall establish a reasonable initial assessment or user fee and reasonable increases or decreases in the amount of future assessments or user fees and penalties and interest charges for nonpayment of an assessment or user fee charged to participating heal…

Ark. Code Ann. § 23-61-806 Rules

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(a) The Insurance Commissioner may promulgate rules to implement this subchapter. (b) Rules promulgated under this section shall not conflict with or prevent the application of regulations promulgated by the United States Secretary of Health and Human Services under the federal a…

Ark. Code Ann. § 23-61-807 Relation to other laws

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(a) This subchapter is amendatory to the Arkansas Insurance Code. (b) Provisions of the Arkansas Insurance Code that are not in conflict with this subchapter are applicable to this subchapter. (c) This subchapter and actions taken by the Arkansas Health Insurance Marketplace unde…

Ark. Code Ann. § 23-61-901 Title

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This subchapter shall be known and may be cited as the “Arkansas Healthcare Transparency Initiative Act of 2015”.

Ark. Code Ann. § 23-61-902 Legislative intent and purpose

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(a) It is the intent of the General Assembly to create and maintain an informative source of healthcare information to support consumers, researchers, and policymakers in healthcare decisions within the state, including decisions by the State Insurance Department to regulate the …

Ark. Code Ann. § 23-61-903 Definitions

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(1) As used in this subchapter:(1) “Arkansas Healthcare Transparency Initiative” means an initiative to create a database, including ongoing all-payer claims database projects funded through the State Insurance Department, that receives and stores data from a submitting entity re…

Ark. Code Ann. § 23-61-904 Arkansas Healthcare Transparency Initiative

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(a) The Arkansas Healthcare Transparency Initiative is established with the purpose to create a database, including ongoing all-payer claims database projects funded through the State Insurance Department, that receives and stores data from a submitting entity relating to medical…

Ark. Code Ann. § 23-61-905 Arkansas Healthcare Transparency Initiative Board — Membership — Duties

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(a) (1) There is created the Arkansas Healthcare Transparency Initiative Board, which shall be composed of the following members:(A) A representative of the Department of Human Services;(B) A representative of the Department of Health;(C) A representative of the Office of Health …

Ark. Code Ann. § 23-61-906 Data submission

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(a) Except as provided in subsection (d) of this section, every quarter a submitting entity shall submit health and dental claims data, unique identifiers, and geographic and demographic information for covered individuals as permitted in this subchapter, nonclaims-based payments…

Ark. Code Ann. § 23-61-907 Data release

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(a) Data in the Arkansas Healthcare Transparency Initiative shall:(1) To the extent authorized by the State Insurance Department, be available:(A) When disclosed in a form and manner that ensures the privacy and security of protected health information as required by state and fe…

Ark. Code Ann. § 23-61-908 Penalties for failure to submit data

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(a) Except for state or federal agencies that are submitting entities, a submitting entity that fails to submit data as required by this subchapter or the rules of the State Insurance Department may be subject to a penalty. (b) The department shall adopt a schedule of penalties n…

Ark. Code Ann. § 23-61-909 Data collected under State Health Data Clearinghouse Act

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(a) The Department of Health shall submit data collected under the State Health Data Clearinghouse Act, § 20-7-301 et seq., to the Arkansas Healthcare Transparency Initiative for integration into the Arkansas Healthcare Transparency Initiative database created under § 23-61-904. …

Ark. Code Ann. § 23-61-910 Data collected regarding hospital discharge and emergency department records

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(a) The Department of Health shall submit data collected regarding hospital discharge and emergency department records for the uninsured, birth and death records, and disease registry data under the State Health Data Clearinghouse Act, § 20-7-301 et seq., § 20-15-201 et seq., and…