Title 23 — Public Utilities and Regulated Industries
95 chapters · 4,024 sections in this title.
Ark. Code Ann. § 23-75-101 Definition
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(a) As used in this chapter, “hospital service corporations”, “medical service corporations”, and “hospital and medical service corporations” are corporations organized under the laws of this state for the purpose of establishing, maintaining, and operating nonprofit hospital ser…
Ark. Code Ann. § 23-75-102 Applicability of other laws
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(1) The corporations described in § 23-75-101 are subject to the following chapters and provisions of this code, to the extent applicable and not in conflict with the express provisions of this chapter:(1) Sections 23-60-101 — 23-60-108 and 23-60-110, referring to scope of code;(…
Ark. Code Ann. § 23-75-103 Provisions exclusive
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Hospital service corporations, medical service corporations, and hospital and medical service corporations incorporated in this state shall be governed by this chapter and shall be exempt from all other provisions of this code, except as expressly provided in this chapter. No ins…
Ark. Code Ann. § 23-75-104 Not applicable to employer plan
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(a) This chapter shall not apply to any employer operating or maintaining a hospital service plan or medical service plan, participation in which is limited to his or her employees and the employees of a parent company or subsidiary company of the employer. (b) As used in this se…
Ark. Code Ann. § 23-75-105 Relationship of physician, patient, and hospital unaffected
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(a) Nothing in this chapter shall be deemed to alter the relationship of physician and patient. (b) The corporation shall not in any way influence the subscriber in his or her free choice of hospital or physician, other than to limit its benefits to participating hospitals and ph…
Ark. Code Ann. § 23-75-106 Incorporation — Amendments to articles or bylaws
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(a) Any corporation shall hereafter be organized under the laws of this state relating to private corporations not for pecuniary profit, insofar as the laws are not inconsistent with this chapter. (b) (1) Upon adoption of an amendment to its articles of incorporation or bylaws, t…
Ark. Code Ann. § 23-75-107 Certificate of authority — Application
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(a) The corporation may issue contracts to its subscribers only when the Insurance Commissioner has, by certificate of authority, authorized it to do so. (b) Application for the certificate of authority shall be made on forms supplied or approved by the commissioner containing su…
Ark. Code Ann. § 23-75-108 Certificate of authority — Requirements for issuance
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(a) The Insurance Commissioner shall issue an initial certificate of authority authorizing the applicant to issue contracts to its subscribers when it is shown to the satisfaction of the commissioner that:(1) The applicant is established as a bona fide nonprofit hospital service …
Ark. Code Ann. § 23-75-109 Deposit for protection of subscribers
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(a) (1) Corporations governed by this chapter shall at all times have on deposit through the Insurance Commissioner sums as follows:(A) If newly formed under this chapter, the sum of fifteen thousand dollars ($15,000); or(B) If formed under prior law, the sum as was required unde…
Ark. Code Ann. § 23-75-110 Contracting authority — Filing of contract
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(a) A corporation holding a certificate of authority under this chapter may enter into contracts with:(1) Licensed hospitals;(2) Physicians and surgeons licensed to practice in this state;(3) Licensed nursing homes;(4) Visiting nurse associations; and(5) Any hospital maintained a…
Ark. Code Ann. § 23-75-111 Subscription contracts
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(a) (1) All rates charged by the corporation to subscribers or classes of subscribers having contracts covered by §§ 23-85-101 — 23-85-131, and the form and content of all contracts between the corporation and its subscribers, classes of subscribers, or groups of subscribers, and…
Ark. Code Ann. § 23-75-112 Directors
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(1) The directors of a corporation shall at all times include representatives of:(1) Administrators or trustees of hospitals which have contracted with the corporation to render hospital service to subscribers, if the corporation is a hospital service corporation or a hospital an…
Ark. Code Ann. § 23-75-113 Expenses and investments
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(a) The operating and administrative expenses of any corporation, including, but not limited to, all costs in connection with the solicitation of subscribers to such a corporation and capital expenditures, shall not exceed:(1) Thirty percent (30%) of paid subscriptions during the…
Ark. Code Ann. § 23-75-114 Annual report — Examination
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(a) (1) Not later than March 1 of each year, every corporation shall file with the Insurance Commissioner a statement sworn to by at least two (2) of its principal officers, showing its condition on the last day of the next preceding calendar year.(2) In accordance with the speci…
Ark. Code Ann. § 23-75-115 Use of surplus
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(1) Any surplus in excess of all reserves established by the directors of the corporation and shown in the annual report of a corporation may be used by the corporation for the following purposes in the order of priority shown:(1) To liquidate on a pro rata basis any losses incur…
Ark. Code Ann. § 23-75-116 Nonliability
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No liability shall attach to any corporation holding a certificate of authority under this chapter by reason of the failure on the part of any hospital or physician to render service to any of its subscribers, nor for the negligence, malpractice, or other acts of hospitals or phy…
Ark. Code Ann. § 23-75-117 [Repealed.]
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A.C.A. § 23-75-117Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved
Ark. Code Ann. § 23-75-118 Review of decisions
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All orders of the Insurance Commissioner made pursuant to this chapter shall be subject to the provisions of § 23-61-101 et seq. and § 23-61-201 et seq., including the right of hearing, rehearing, and appeal.
Ark. Code Ann. § 23-75-119 Premium tax
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(a) The officers of every foreign or alien corporation, and the officers of every domestic corporation, transacting business under this chapter shall, at the time of making its annual statement, file with the Insurance Commissioner a sworn statement of its net direct written prem…
Ark. Code Ann. § 23-75-120 Tax exemptions
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(a) Every corporation doing business pursuant to this chapter is declared to be a nonprofit and benevolent institution. (b) The corporations are exempt from state, county, district, municipal, and school tax, including the taxes prescribed by this code, and excepting only tax on …
Ark. Code Ann. § 23-75-121 Power to make donations for the public welfare
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Hospital and medical service corporations shall have power to make donations for the public welfare or for charitable, scientific, or educational purposes, subject to such limitations, if any, as may be contained in its articles of incorporation or any amendment thereto.
Ark. Code Ann. § 23-75-122 Conversion to legal reserve mutual life insurer
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(a) A hospital and medical service corporation, as defined in § 23-75-101, may be converted to a legal reserve mutual life insurer, as defined in § 23-69-102, under a plan or procedure which shall be approved by the order of the Insurance Commissioner. (b) The commissioner shall …