Title 23 — Public Utilities and Regulated Industries
95 chapters · 4,024 sections in this title.
Ark. Code Ann. § 23-79-1701 Title
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This subchapter shall be known and may be cited as the “Emerging Therapy Act of 2017”.
Ark. Code Ann. § 23-79-1702 Definitions
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(1) As used in this subchapter:(1) “Board” means the State Board of Finance;(2) “Choosing Wisely initiative” means the initiative established by the American Board of Internal Medicine Foundation that seeks to advance a national dialogue on avoiding wasteful or unnecessary medica…
Ark. Code Ann. § 23-79-1703 State Board of Finance — Requirements
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(a) By the end of plan year 2017, the State Board of Finance shall explore the evidence supporting opportunities for benefit modification informed by:(1) The Choosing Wisely initiative;(2) Emerging therapies; and(3) Therapeutic alternatives to invasive surgical procedures, such a…
Ark. Code Ann. § 23-79-1704 Legislative findings
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(1) The General Assembly finds that:(1) The State Board of Finance has a fiduciary obligation to explore cost-effective treatments for its members;(2) There are emerging technologies that could serve as cost-effective alternatives to surgical procedures; and(3) Clinical organizat…
Ark. Code Ann. § 23-79-171 Insurance coverage of certain human organ transplant or post-transplant care prohibited — Definitions
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(a) As used in this section:(1) “Forced organ harvesting” means the removal of one (1) or more organs from a living person, or from a person killed for the purpose of removal of one (1) or more organs, by means of coercion, abduction, deception, fraud, or abuse of power over a po…
Ark. Code Ann. § 23-79-1801 Definitions
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(1) As used in this subchapter:(1) (A) “Health benefit plan” means:(i) An individual, blanket, or group plan, policy, or contract for healthcare services issued or delivered by an insurer, health maintenance organization, hospital medical service corporation, or self-insured gove…
Ark. Code Ann. § 23-79-1802 Coverage for newborn screening
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(a) A health benefit plan that is offered, issued, or renewed in this state shall provide coverage for newborn screening for conditions as determined by the Department of Health under § 20-15-302 by a healthcare professional on or after January 1, 2020. (b) The coverage for newbo…
Ark. Code Ann. § 23-79-1901 Findings
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(1) The General Assembly finds that:(1) Pediatric acute-onset neuropsychiatric syndrome, also known as “PANS”, is a clinically defined disorder characterized by the sudden onset of obsessive-compulsive symptoms or eating restrictions, accompanied by two (2) or more symptoms of ac…
Ark. Code Ann. § 23-79-1902 Interdisciplinary panel — University of Arkansas for Medical Sciences
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(a) The University of Arkansas for Medical Sciences has partnered with Arkansas Children's Hospital and the National Institute of Mental Health for the establishment and operation of a clinic that currently serves patients with pediatric acute-onset neuropsychiatric syndrome, als…
Ark. Code Ann. § 23-79-1903 [Repealed.]
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A.C.A. § 23-79-1903Current 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. § 23-79-1904 [Repealed.]
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A.C.A. § 23-79-1904Current 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. § 23-79-1905 Off-label use and coverage of drug treatment to treat pediatric acute-onset neuropsychiatric syndrome and pediatric autoimmune neuropsychiatric disorders associated with streptococcal infection — Legislative findings — Definitions
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(a) The General Assembly finds that:(1) Pediatric acute-onset neuropsychiatric syndrome, also known as “PANS”, is a clinically defined disorder characterized by the sudden onset of obsessive-compulsive symptoms or eating restrictions, accompanied by two (2) or more symptoms of ac…
Ark. Code Ann. § 23-79-2001 Title
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This subchapter shall be known and may be cited as the “Healthcare Payor Identification Card Act”.
Ark. Code Ann. § 23-79-2002 Definitions
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(1) As used in this subchapter:(1) (A) “Health benefit plan” means an individual, blanket, or group plan, policy, or contract for healthcare services issued or delivered by a healthcare payor in this state.(B) “Health benefit plan” does not include workers' compensation plans, Me…
Ark. Code Ann. § 23-79-2003 Identification cards
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A healthcare payor shall issue an identification card to a member that provides an indication of whether the health benefit plan is insured, self-funded, or short-term, limited duration insurance.
Ark. Code Ann. § 23-79-201 Claims arising outside United States — Automobile liability insurer
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A person having a claim for personal injury or property damage arising out of the use of a motor vehicle in a foreign country by another who, at the time of the injury or damage, was covered by a policy of automobile liability insurance with an insurer subject to the jurisdiction…
Ark. Code Ann. § 23-79-202 Limitation of actions
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(a) An action may be maintained in the courts of this state by an insured or any other person on his or her behalf to recover on any claim or loss arising under a policy of insurance on property or life against the insurer issuing the policy or against the sureties on any bond fi…
Ark. Code Ann. § 23-79-203 Trial by jury
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(a) No insurance policy or annuity contract shall contain any condition, provision, or agreement which directly or indirectly deprives the insured or beneficiary of the right to trial by jury on any question of fact arising under the policy or contract. (b) All such provisions, c…
Ark. Code Ann. § 23-79-204 Venue
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(a) An action brought in this state by or in behalf of the insured or beneficiary against an insurer as to a loss occurring or benefits or rights provided under an insurance policy or annuity contract shall be brought in either:(1) The county in which the loss occurred, or the in…
Ark. Code Ann. § 23-79-205 Service of process
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(a) In any suit brought in this state against an insurer, process may be served upon the insurer as follows:(1) As to domestic insurers, service of process may be had only in the manner as provided by the Arkansas Rules of Civil Procedure;(2) As to licensed foreign or alien insur…
Ark. Code Ann. § 23-79-206 Evidence of death of person in military service
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(a) It shall be competent and proper in the trial of causes arising from death claims against insurers, accruing on account of death of the insured in foreign lands and while in the service of the United States Government as a member of the United States Armed Forces, to introduc…
Ark. Code Ann. § 23-79-207 Substantial compliance — Fire insurance upon personal property
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In all actions against any insurer for any claim accruing, arising upon, or growing out of any fire insurance policy upon personal property issued by the insurer, proof of a substantial compliance with the terms, conditions, and warranties of the policy upon the part of the insur…
Ark. Code Ann. § 23-79-208 Damages and attorney's fees on loss claims
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(a) (1) In all cases in which loss occurs and the cargo, property, marine, casualty, fidelity, surety, cyclone, tornado, life, accident and health, medical, hospital, or surgical benefit insurance company and fraternal benefit society or farmers' mutual aid association or company…
Ark. Code Ann. § 23-79-209 Allowance of attorney's fees in suits to terminate, modify, or reinstate policy
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(a) In all suits in which the judgment or decree of a court is against a life, property, accident and health, or liability insurance company, either in a suit by it to cancel or lapse a policy or to change or alter the terms or conditions thereof in any way that may have the effe…
Ark. Code Ann. § 23-79-210 Direct cause of action against liability insurer when insured not subject to tort suit
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(a) (1) When liability insurance is carried by any cooperative nonprofit corporation, association, or organization, or by any municipality, agency, or subdivision of a municipality, or of the state, or by any improvement district or school district, or by any other organization o…
Ark. Code Ann. § 23-79-2101 Legislative findings and intent
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(a) The General Assembly finds that:(1) Health benefit plans are increasingly making use of step therapy protocols under which patients are required to try one (1) or more prescription drugs before coverage is provided for a drug selected by the patient's healthcare provider;(2) …
Ark. Code Ann. § 23-79-2102 Definitions
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(1) As used in this subchapter:(1) “Clinical practice guidelines” means a systematically developed statement derived from peer-reviewed published medical literature, evidence-based research, and widely accepted medical practice to assist decision-making by healthcare providers an…
Ark. Code Ann. § 23-79-2103 Clinical review criteria
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(a) (1) Clinical review criteria used to establish a step therapy protocol shall be based on clinical practice guidelines that:(A) Are developed and endorsed by a multidisciplinary panel of experts that manages conflicts of interest among the members of the writing and review gro…
Ark. Code Ann. § 23-79-2104 Exceptions — Transparency
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(a) (1) If coverage of a prescription drug for the treatment of any medical condition is restricted for use by a healthcare insurer, health benefit plan, or utilization review organization through the use of a step therapy protocol, a patient and prescribing healthcare provider s…
Ark. Code Ann. § 23-79-2105 Applicability
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This subchapter applies to a group health benefit plan or offered in connection with a group health plan that provides coverage of a prescription drug under a policy that meets the definition of a medication step therapy protocol whether or not the policy is described as a step t…
Ark. Code Ann. § 23-79-2201 Title
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This subchapter shall be known and may be cited as the “Arkansas Coverage for Early Refills of Prescription Eye Drops Act”.
Ark. Code Ann. § 23-79-2202 Definitions
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(1) As used in this subchapter:(1) “Covered person” means a person who is and continues to remain eligible for coverage under a health benefit plan and is covered under the health benefit plan;(2) (A) “Health benefit plan” means:(i) An individual, blanket, or group plan, policy, …
Ark. Code Ann. § 23-79-2203 Prescription eye drops — Early refills — Requirements
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(1) A healthcare insurer that provides coverage for prescription eye drops under a health benefit plan shall provide coverage for early refills of prescription eye drops to a covered person on and after January 1, 2022, if:(1) For a thirty-day supply:(A) The amount of time has pa…
Ark. Code Ann. § 23-79-2301 Title
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This subchapter shall be known and may be cited as the “Arkansas Fairness in Cost Sharing Act”.
Ark. Code Ann. § 23-79-2302 Definitions
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(1) As used in this subchapter:(1) “Cost-sharing requirement” means a copayment, coinsurance, deductible, or annual limitation on cost sharing, including without limitation a limitation subject to the Patient Protection and Affordable Care Act, Pub. L. No. 111-148, that is requir…
Ark. Code Ann. § 23-79-2303 Fairness in cost sharing
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(a) (1) When calculating an enrollee's contribution to any applicable cost-sharing requirement, a healthcare insurer shall include any cost-sharing amounts paid by the enrollee or on behalf of the enrollee by another person.(2) The cost-sharing requirement under subdivision (a)(1…
Ark. Code Ann. § 23-79-2304 Rules
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(a) The Insurance Commissioner shall promulgate rules necessary to carry out this subchapter. (b) The rules promulgated under this section shall require a healthcare insurer and the Director of the Evidence-Based Prescription Drug Program of the College of Pharmacy of the Univers…
Ark. Code Ann. § 23-79-2401 Definitions
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(1) As used in this subchapter:(1) “Birth mother” means the biological mother of a child;(2) “Depression” means a mental illness classified as a mood disorder that causes a persistent feeling of sadness and a loss of interest;(3) (A) “Health benefit plan” means:(i) An individual,…
Ark. Code Ann. § 23-79-2402 Coverage for birth mother screening for depression
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(a) A healthcare insurer that offers, issues, or renews a health benefit plan in this state shall provide coverage for screening for depression of the birth mother by a healthcare professional within the first six (6) weeks of the birth mother's having given birth on or after Jan…
Ark. Code Ann. § 23-79-2501 Title
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This subchapter shall be known and may be cited as the “Healthcare Insurer Share the Savings Act”.
Ark. Code Ann. § 23-79-2502 Definitions
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(1) As used in this subchapter:(1) “Defined cost sharing” means a deductible payment or coinsurance amount imposed on an enrollee for a covered prescription drug under the enrollee's health benefit plan;(2) “Enrollee” means an individual entitled to coverage of healthcare service…
Ark. Code Ann. § 23-79-2503 Implementation of subchapter — Requirements
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(a) An enrollee's defined cost sharing for a prescription drug shall be calculated at the point-of-sale based on a price that is reduced by an amount equal to at least one hundred percent (100%) of all rebates received, or to be received, in connection with the dispensing or admi…
Ark. Code Ann. § 23-79-2601 Definitions
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(1) As used in this subchapter:(1) (A) “Biomarker” means a characteristic that is objectively measured and evaluated as an indicator of normal biological processes, pathogenic processes, or pharmacologic responses to a specific therapeutic intervention, including known gene-drug …
Ark. Code Ann. § 23-79-2602 Coverage for biomarker testing for early detection and management for cancer diagnoses
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(a) A health benefit plan that is offered, issued, or renewed in this state shall provide coverage for biomarker testing. (b) The evidence of coverage document provided with a health benefit plan under this subchapter shall include biomarker testing for the purpose of diagnosis, …
Ark. Code Ann. § 23-79-2701 Title
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This subchapter shall be known and may be cited as the “Arkansas Triage, Treat, and Transport to Alternative Destination Act”.
Ark. Code Ann. § 23-79-2702 Definitions
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(1) As used in this subchapter:(1) “911 call” means a communication made on behalf of an enrollee indicating that the enrollee may need emergency medical services;(2) (A) “Alternative destination” means a lower-acuity facility that provides medical services, including without lim…
Ark. Code Ann. § 23-79-2703 Coverage for ambulance service to triage and transport enrollee to alternative destination or treat in place
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(a) A healthcare insurer that offers, issues, or renews a health benefit plan in this state shall provide coverage for an ambulance service to:(1) Treat an enrollee in place if the ambulance service is coordinating the care of the enrollee through telemedicine with a physician fo…
Ark. Code Ann. § 23-79-2801 Definitions
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(1) As used in this subchapter:(1) (A) “Health benefit plan” means:(i) An individual, blanket, or group plan or a policy or contract for healthcare services issued or delivered by a healthcare insurer; and(ii) Any health benefit program receiving state or federal appropriations f…
Ark. Code Ann. § 23-79-2802 Coverage for screening for behavioral health conditions and coverage for behavioral health services
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(a) A healthcare insurer that offers, issues, or renews a health benefit plan in this state shall provide coverage for screening for behavioral health conditions and coverage for behavioral health services provided in a:(1) Hospital outpatient clinic; or(2) Physician clinic. (1) …
Ark. Code Ann. § 23-79-2901 Definitions
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(1) As used in this subchapter:(1) “Acquired brain injury” means an injury to the brain that occurs after birth and may be caused by:(A) An infectious disease;(B) A metabolic disorder;(C) An endocrine disorder;(D) Diminished oxygen;(E) A brain tumor;(F) A toxin;(G) A disease that…