Title 23 — Public Utilities and Regulated Industries
95 chapters · 4,024 sections in this title.
Ark. Code Ann. § 23-76-101 Purpose
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(a) The General Assembly determines that health maintenance organizations, when properly regulated, encourage methods of treatment and controls over the quality of care which effectively contain costs and provide for continuous health care by undertaking responsibility for the pr…
Ark. Code Ann. § 23-76-102 Definitions
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(1) As used in this chapter:(1) “Commissioner” means the Insurance Commissioner;(2) “Domestic corporation” means any corporation organized pursuant to the Arkansas Business Corporation Act, § 4-26-101 et seq., and the Arkansas Nonprofit Corporation Act, § 4-28-201 et seq.;(3) “En…
Ark. Code Ann. § 23-76-103 Applicability of Arkansas Insurance Code and laws concerning hospital and medical service corporations
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(a) (1) Except as otherwise provided in this chapter, provisions of the insurance law and provisions of hospital and medical service corporation laws shall not be applicable to any health maintenance organization granted a certificate of authority under this chapter.(2) Subdivisi…
Ark. Code Ann. § 23-76-104 Arkansas Insurance Code sections applicable to health maintenance organizations
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(a) Except to the extent that the Insurance Commissioner determines that the nature of health maintenance organizations, healthcare plans, and evidences of coverage render such sections clearly inappropriate, the following sections are applicable to health maintenance organizatio…
Ark. Code Ann. § 23-76-105 Penalties — Enforcement
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(a) In lieu of suspension or revocation of a certificate of authority under § 23-76-123, the Insurance Commissioner may levy an administration penalty in an amount not less than two hundred fifty dollars ($250), nor more than two thousand five hundred dollars ($2,500), if reasona…
Ark. Code Ann. § 23-76-106 License to practice, sell, or dispense required
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No person shall perform any of the services or procedures or sell or dispense any goods or devices in the field of the healing arts for which a license is required under the laws of the State of Arkansas unless the person holds a valid license authorizing him or her to perform th…
Ark. Code Ann. § 23-76-107 Establishment
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(a) (1) Any person that meets the requirements of § 23-76-102(9) may apply to the Insurance Commissioner for and obtain a certificate of authority to establish and operate a health maintenance organization.(2) No person shall establish or operate a health maintenance organization…
Ark. Code Ann. § 23-76-108 Issuance of certificate of authority
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(a) Upon receipt of an application for issuance of a certificate of authority, the Insurance Commissioner shall determine whether the applicant furnishes or proposes to furnish adequate and accessible healthcare services for its healthcare plans subject to the requirements or rul…
Ark. Code Ann. § 23-76-109 Powers — Definition
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(a) The powers of a health maintenance organization include, but are not limited to, the following:(1) The purchase, lease, construction, renovation, operation, or maintenance of hospitals, medical facilities, or both, and their ancillary equipment, and the property as may reason…
Ark. Code Ann. § 23-76-110 Advisory board
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(a) The advisory board of any health maintenance organization shall include at least one (1) physician, one (1) dentist, one (1) pharmacist, one (1) nurse, one (1) consumer, and one (1) enrollee. (b) The advisory board shall establish a mechanism to afford the enrollees an opport…
Ark. Code Ann. § 23-76-111 Fiduciary responsibilities of director, officer, or partner
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(a) Any director, officer, or partner of a health maintenance organization who receives, collects, disburses, or invests funds in connection with the activities of the health maintenance organization shall be responsible for the funds in a fiduciary relationship to the enrollees.…
Ark. Code Ann. § 23-76-112 Evidence of coverage and charges for healthcare services
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(a) (1) (A) Every enrollee residing in this state is entitled to evidence of coverage under a healthcare plan.(B) If the enrollee obtains coverage under a healthcare plan through an insurance policy or a contract issued by a hospital and medical service corporation, whether by op…
Ark. Code Ann. § 23-76-113 Annual report and quarterly report
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(a) A health maintenance organization shall annually on or before March 1 file a report verified by at least two (2) principal officers with the Insurance Commissioner covering the preceding calendar year. (b) (1) The report shall be on forms prescribed by the commissioner.(2) Fo…
Ark. Code Ann. § 23-76-114 Information to enrollees
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(a) A health maintenance organization shall make available to its subscribers a list of providers upon enrollment and re-enrollment. (b) Every health maintenance organization shall provide within thirty (30) days to its subscribers a notice of any material change in the operation…
Ark. Code Ann. § 23-76-115 Open enrollment
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(a) (1) After a health maintenance organization has been in operation twenty-four (24) months, it shall have an annual open enrollment period of at least one (1) month during which it accepts enrollees up to the limits of its capacity, as determined by the health maintenance orga…
Ark. Code Ann. § 23-76-116 Complaint system
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(a) (1) Every health maintenance organization shall establish and maintain a complaint system that has been approved by the Insurance Commissioner to provide reasonable procedures for the resolution of written complaints initiated by enrollees concerning healthcare services.(2) E…
Ark. Code Ann. § 23-76-117 Investments
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With the exception of investments made in accordance with § 23-76-109(a)(1) and (2) and § 23-76-109(b), the investable funds of a health maintenance organization shall be invested only in securities or other investments permitted by the laws of this state for the investment of as…
Ark. Code Ann. § 23-76-118 [Repealed.]
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A.C.A. § 23-76-118Current 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. § 23-76-119 Prohibited practices — Definition
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(a) No health maintenance organization, or representative thereof, may knowingly cause or knowingly permit the use of advertising that is untrue or misleading, solicitation that is untrue or misleading, or any form of evidence of coverage that is deceptive. For purposes of this c…
Ark. Code Ann. § 23-76-120 Regulation of agents — Definition
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(a) After notice and hearing, the Insurance Commissioner may promulgate such reasonable rules as are necessary to provide for the licensing of agents. (b) “Agent” means a person directly or indirectly associated with a healthcare plan who engages in solicitation or enrollment.
Ark. Code Ann. § 23-76-121 Powers of insurers and hospital and medical service corporations
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(a) An insurance company licensed in this state, or a hospital or medical service corporation authorized to do business in this state, may either directly, or through a subsidiary or affiliate, organize and operate a health maintenance organization under the provisions of this ch…
Ark. Code Ann. § 23-76-122 Examinations
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(a) The Insurance Commissioner may make an examination of the affairs of any health maintenance organization as often as he or she deems it necessary for the protection of the interests of the people of this state but not less frequently than one (1) time every five (5) years. (b…
Ark. Code Ann. § 23-76-123 Suspension or revocation of certificate of authority
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(a) The Insurance Commissioner may suspend or revoke any certificate of authority issued to a health maintenance organization under this chapter if the commissioner finds that any of the following conditions exist:(1) The health maintenance organization is operating in contravent…
Ark. Code Ann. § 23-76-124 Rehabilitation, liquidation, or conservation of health maintenance organization
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(a) Any rehabilitation, liquidation, or conservation of a health maintenance organization shall be deemed to be the rehabilitation, liquidation, or conservation of an insurance company and shall be conducted under the supervision of the Insurance Commissioner pursuant to the law …
Ark. Code Ann. § 23-76-125 Rules
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(a) After notice and hearing, the Insurance Commissioner may promulgate reasonable rules, not inconsistent with existing statutes of this state, as are necessary or proper to carry out the provisions of this chapter. (b) The rules shall be subject to review in accordance with § 2…
Ark. Code Ann. § 23-76-126 Administrative proceedings
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(a) (1) If the Insurance Commissioner has cause to believe that grounds for the suspension or revocation of a certificate of authority exist, the commissioner shall:(A) Notify the health maintenance organization in writing of the grounds for suspension or revocation of the certif…
Ark. Code Ann. § 23-76-127 Fees
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(1) A health maintenance organization subject to this chapter shall pay to the State Insurance Department Trust Fund as special revenues the following fees:(1) For filing and reviewing all documents necessary for issuance of an original certificate of authority, one thousand doll…
Ark. Code Ann. § 23-76-128 Applications, filings, and reports public
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All applications, filings, and reports required under this chapter shall be treated as public documents.
Ark. Code Ann. § 23-76-129 Medical information confidential — Exceptions
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(a) Any data or information pertaining to the diagnosis, treatment, or health of any enrollee or applicant obtained from the person or from any provider by any health maintenance organization shall be held in confidence and shall not be disclosed to any person except to the exten…
Ark. Code Ann. § 23-76-130 Insurance Commissioner's authority to contract
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(a) The Insurance Commissioner may contract with qualified persons to make recommendations concerning the adequacy, network adequacy, or accessibility of healthcare services under a healthcare plan furnished or proposed to be furnished by a health maintenance organization. (b) Th…
Ark. Code Ann. § 23-76-131 Tax on premiums and copayments
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(a) (1) (A) (i) Each health maintenance organization shall pay a tax on the premiums for coverages provided during the calendar year.(ii) The tax shall be paid on an annual basis and on a quarterly estimate basis as prescribed by the Insurance Commissioner and reconciled at the t…
Ark. Code Ann. § 23-76-132 College students
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(1) If a health maintenance organization requires the selection or assignment of a primary care physician, the health maintenance organization shall provide an enrollee who is a student enrolled at a postsecondary institution one (1) of the following options:(1) To select two (2)…