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Arkansas Statutes, Title 23

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Arkansas/Statutes

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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. § 23-61-1001 Title
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This subchapter shall be known and may be cited as the “Arkansas Health and Opportunity for Me Act of 2021”.
Ark. Code Ann. § 23-61-1002 Legislative intent
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(1) Notwithstanding any general or specific laws to the contrary, it is the intent of the General Assembly for the Arkansas Health and Opportunity for Me Program to be a fiscally sustainable, cost-effective, and opportunity-driven program that:(1) Achieves comprehensive and innov…
Ark. Code Ann. § 23-61-1003 Definitions
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(1) As used in this subchapter:(1) “Acute care hospital” means a hospital that:(A) Is licensed by the Department of Health under § 20-9-201 et seq., as a general hospital or a surgery and general medical care hospital; and(B) Is enrolled as a provider with the Arkansas Medicaid P…
Ark. Code Ann. § 23-61-1004 Administration
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(a) (1) The Department of Human Services, in coordination with the State Insurance Department and other state agencies, as necessary, shall:(A) Provide healthcare coverage under this subchapter to eligible individuals;(B) Create and administer the Arkansas Health and Opportunity …

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Ark. Code Ann. § 23-61-1005 Requirements for eligible individuals

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(a) An eligible individual is responsible for all applicable cost-sharing and premium payment requirements as determined by the Department of Human Services. (b) An eligible individual may participate in a health improvement initiative, as developed and implemented by either the …

Ark. Code Ann. § 23-61-1006 Requirements for program participants

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(a) The economic independence initiative applies to all program participants in accordance with the implementation schedule of the Department of Human Services. (b) Incentives established by the department for participation in the economic independence initiative and the health i…

Ark. Code Ann. § 23-61-1007 Insurance standards for individual qualified health insurance plans

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(a) Insurance coverage for a member enrolled in an individual qualified health insurance plan shall be obtained, at a minimum, through silver-level metallic plans as provided in 42 U.S.C. § 18022(d) and 42 U.S.C. § 18071, as they existed on January 1, 2025, that restrict out-of-p…

Ark. Code Ann. § 23-61-1009 Sunset

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This subchapter expires December 31, 2031.

Ark. Code Ann. § 23-61-101 State Insurance Department — Continuation — Assignment of space

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(a) (1) There is created the State Insurance Department.(2) The State Insurance Department is a division of the Department of Commerce. (1) There is created the State Insurance Department. (2) The State Insurance Department is a division of the Department of Commerce. (b) Suitabl…

Ark. Code Ann. § 23-61-1010 Community bridge organizations

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(a) The Department of Human Services shall develop requirements and qualifications for community bridge organizations to provide assistance to one (1) or more of the following target populations:(1) Individuals who become pregnant with a high-risk pregnancy and the child, through…

Ark. Code Ann. § 23-61-1011 Health and Economic Outcomes Accountability Oversight Advisory Panel

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(a) There is created the Health and Economic Outcomes Accountability Oversight Advisory Panel. (b) The advisory panel shall be composed of the following members:(1) The following members of the General Assembly:(A) The Chair of the Senate Committee on Public Health, Welfare, and …

Ark. Code Ann. § 23-61-1012 Rules

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The Department of Human Services shall adopt rules necessary to implement this subchapter.

Ark. Code Ann. § 23-61-102 Insurance Commissioner

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(a) The head of the State Insurance Department shall be the Insurance Commissioner appointed by the Governor with the advice and consent of the Senate. No person shall be eligible for appointment as commissioner unless a citizen of this state and at least thirty (30) years of age…

Ark. Code Ann. § 23-61-103 Insurance Commissioner — Powers and duties

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(a) The Insurance Commissioner shall enforce the provisions of the Arkansas Insurance Code and shall execute the duties imposed upon him or her by the Arkansas Insurance Code. (b) The commissioner shall have the powers and authority expressly conferred upon him or her by or reaso…

Ark. Code Ann. § 23-61-104 Deputies, assistants, and other employees — Appointment — Duties

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(a) The Insurance Commissioner, in consultation with the Secretary of the Department of Commerce, may appoint such assistants and deputies and such examiners, attorneys, clerks, stenographers, and other personnel as may be necessary to assist him or her in the discharge of the du…

Ark. Code Ann. § 23-61-105 Insurance Commissioner, deputies, assistants, and other employees — Expense allowance

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(a) In addition to compensation for their services, the Insurance Commissioner, his or her deputies, assistants, and other Department of Commerce employees performing duties or working within the State Insurance Department shall be paid their actual and necessary expenses as auth…

Ark. Code Ann. § 23-61-106 Insurance Commissioner, deputies, assistants, and other employees — Financial interest prohibited — Exception

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(a) The Insurance Commissioner, any deputy, examiner, assistant, or employee of the commissioner, or any employee of the Department of Commerce working for the State Insurance Department shall not be financially interested, directly or indirectly, in any insurer, insurance agency…

Ark. Code Ann. § 23-61-107 Records

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(a) (1) The Insurance Commissioner shall enter, in permanent form, records of his or her official transactions, examinations, investigations, and proceedings and keep these records in his or her office.(2) These records and insurance filings in his or her office shall be open to …

Ark. Code Ann. § 23-61-108 Rules

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(a) (1) The Insurance Commissioner, in consultation with the Secretary of the Department of Commerce, may make reasonable rules necessary for or as an aid to the effectuation of any provision of the Arkansas Insurance Code.(2) No rule shall extend, modify, or conflict with any la…

Ark. Code Ann. § 23-61-109 Orders and notices

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(a) Orders and notices of the Insurance Commissioner shall be effective only when in writing signed by the commissioner by his or her authority. (b) Every order shall state its effective date and shall concisely state:(1) Its intent or purpose;(2) The grounds on which based; and(…

Ark. Code Ann. § 23-61-110 Enforcement generally

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(a) (1) (A) The Insurance Commissioner may institute such suits or other legal proceedings as may be required for enforcement of any provisions of the Arkansas Insurance Code.(B) In addition, the commissioner may intervene in any civil suit or administrative hearing initiated by …

Ark. Code Ann. § 23-61-1101 Definitions

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(1) As used in this subchapter:(1) “Burial association” means:(A) A person, firm, association, copartnership, corporation, company, or other organization that, from and after February 18, 1953:(i) Undertakes for consideration paid by or on behalf of its members to defray all or a…

Ark. Code Ann. § 23-61-1102 Creation of board — Members

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(a) There is created within the State Insurance Department the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services. (b) The members of the board shall be:(1) Residents of this state;(2) At least twenty-one (21) years of age; and(3) Of good moral character…

Ark. Code Ann. § 23-61-1103 Powers and duties of board

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(a) The State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services may:(1) (A) Hold a meeting no less than one (1) time each calendar quarter.(B) The meeting shall be held at a time and place as the board or Insurance Commissioner may determine, after notice of …

Ark. Code Ann. § 23-61-1104 Executive Secretary of the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services

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(a) (1) The Insurance Commissioner, in consultation with the Secretary of the Department of Commerce, may appoint and employ a person as the Executive Secretary of the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services who shall serve at the pleasure of …

Ark. Code Ann. § 23-61-1105 Embalmers and funeral directors

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(a) The Insurance Commissioner or a person appointed or employed by the commissioner shall:(1) Have general supervision over field inspection and enforcement of this subchapter and § 17-29-301 et seq.;(2) Make public the procedures for making inquiries into the practice of funera…

Ark. Code Ann. § 23-61-1106 Inspector of the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services — Funeral directing — Embalming, cremating, or transporting human remains

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(a) (1) The Insurance Commissioner may request that the Department of Commerce employ an agent or agents as Inspector of the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services.(2) A person is not eligible for appointment as inspector under subdivision (a…

Ark. Code Ann. § 23-61-1107 Crematoriums

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(a) The State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services may promulgate reasonable rules for the licensing of crematoriums. (b) A crematorium shall not be operated in this state unless licensed by the board, and a dead human body shall not be cremated …

Ark. Code Ann. § 23-61-1108 Transportation of dead human bodies

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(a) In the interest of public health and to ensure the safe, secure, and timely transportation of dead human bodies in and through Arkansas, the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services may license, inspect, and promulgate reasonable rules for …

Ark. Code Ann. § 23-61-1109 Cemeteries and cemetery companies

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(a) The State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services may:(1) (A) Conduct periodic, special, or other examinations of a cemetery or cemetery company, including without limitation an examination of the physical condition or appearance of the cemetery…

Ark. Code Ann. § 23-61-111 Enforcement — Foreign decrees — Definitions

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(a) As used in this section and § 23-61-110:(1) “Foreign decree” means any decree or order in equity of a court located in a reciprocal state, including a court of the United States located therein, against any insurer incorporated or authorized to do business in this state; and(…

Ark. Code Ann. § 23-61-1110 Burial associations

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(a) The State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services may:(1) Grant certificates of authority to burial associations;(2) Revoke certificates of authority, charters, or other authority granted to burial associations in this state;(3) Fix the minimum …

Ark. Code Ann. § 23-61-1111 Duties of State Insurance Department

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(a) The State Insurance Department shall assist the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services in the performance of the duties of the board. (b) Assistance under subsection (a) of this section shall include without limitation:(1) Receiving and d…

Ark. Code Ann. § 23-61-112 Annual report

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(a) As early in the calendar year as reasonably possible, the Insurance Commissioner annually shall prepare and deliver a report to the Secretary of the Department of Commerce showing, with respect to the preceding calendar year:(1) Names of the authorized insurers transacting in…

Ark. Code Ann. § 23-61-113 Disclosure of nonpublic personal information

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(a) A person shall not disclose any nonpublic personal information contrary to the provisions of Title V of the Gramm-Leach-Bliley Act, Pub. L. No. 106-102. (b) (1) The Insurance Commissioner shall adopt rules governing the treatment of consumer financial and protected health inf…

Ark. Code Ann. § 23-61-115 Policyholder's Bill of Rights

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(a) The principles expressed in subsection (b) of this section shall serve as standards to be followed by the Insurance Commissioner in:(1) Exercising the commissioner's powers and duties;(2) Exercising administrative discretion;(3) Dispensing administrative interpretations of th…

Ark. Code Ann. § 23-61-117 Risk-based provider organizations

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(a) The Insurance Commissioner shall regulate the licensing and financial solvency of risk-based provider organizations, as defined in § 20-77-2703, participating in the Medicaid provider-led organized care system for enrollable Medicaid beneficiary populations as defined in § 20…

Ark. Code Ann. § 23-61-201 Examination of insurers required

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(a) (1) The Insurance Commissioner shall examine the affairs, transactions, accounts, records, market conduct activity, and assets of each authorized insurer as often as in the commissioner's sole discretion he or she deems advisable.(2) The commissioner shall so examine each aut…

Ark. Code Ann. § 23-61-202 Examination of managers and promoters required

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For the purposes of completing an examination of any company under this subchapter, the Insurance Commissioner may, as often as he or she deems advisable, examine or investigate any person, or the business of any person, insofar as such an examination or investigation is, in the …

Ark. Code Ann. § 23-61-203 Examiners

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(a) Upon determining that an examination should be conducted, the Insurance Commissioner shall issue an examination certificate of authority appointing one (1) or more examiners to perform the examination and instructing them as to the scope of the examination. In conducting the …

Ark. Code Ann. § 23-61-204 Examination — Records and appraisals

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(a) (1) Every company or person from whom information is sought, its officers, directors, and agents, must provide to the examiners appointed under § 23-61-203 timely, convenient, and free access at all reasonable hours at its offices to all books, records, accounts, papers, docu…

Ark. Code Ann. § 23-61-205 Examination reports

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(a) (1) The Insurance Commissioner or his or her examiner shall make a full and true written report of each examination, which shall comprise only facts appearing upon the books, records, or other documents of the insurer, its agents, or other persons examined, or as ascertained …

Ark. Code Ann. § 23-61-206 Examination expense

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(a) (1) Each person examined shall pay to the State Insurance Department the actual travel expenses, reasonable living expense allowance, and compensation for examiners and other persons assisting in the examination according to the examination guidance section in the most curren…

Ark. Code Ann. § 23-61-207 Confidentiality of ancillary information

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All working papers, recorded information, documents, and copies produced by, obtained by, or disclosed to the Insurance Commissioner or any other person in the course of an examination made under this subchapter must be given confidential treatment and are not subject to subpoena…

Ark. Code Ann. § 23-61-208 Immunity from liability

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(a) No cause of action shall arise nor shall any liability be imposed against the Insurance Commissioner, the commissioner's authorized representatives, or any examiner appointed by the commissioner for any statements made or conduct performed in good faith while carrying out the…

Ark. Code Ann. § 23-61-301 Examination, investigation, or hearing — Witnesses and evidence

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(a) With respect to the subject of any examination, investigation, or hearing being conducted by the Insurance Commissioner, the commissioner may subpoena witnesses and administer oaths or affirmations and examine any individual under oath and may require and compel the productio…

Ark. Code Ann. § 23-61-302 Examination, investigation, or hearing — Testimony compelled

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(a) (1) An individual may execute, acknowledge, and file in the State Insurance Department a statement expressly waiving immunity or privilege for any transaction, matter, or thing specified in the statement.(2) If a statement is filed under subdivision (a)(1) of this section, th…

Ark. Code Ann. § 23-61-303 Hearing — Generally

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(a) The Insurance Commissioner may hold hearings for any purpose within the scope of the insurance laws of this state. (b) (1) The commissioner shall hold a hearing if required by any provision or upon written demand for a hearing by a person aggrieved by any act, threatened act,…

Ark. Code Ann. § 23-61-304 Hearing — Notice

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(a) Not less than ten (10) days in advance, the Insurance Commissioner shall give notice of the time and place of the hearing, stating the matters to be considered at the hearing. (b) If the persons to be given notice are not specified in the provisions pursuant to which the hear…

Ark. Code Ann. § 23-61-305 Hearing — Procedures

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(a) Hearings may be closed to the public at the Insurance Commissioner's discretion, except that a hearing shall be open to the public if so requested in writing by any party to the hearing. (b) The commissioner shall allow any party to the hearing to appear in person and by coun…