Title 23 — Public Utilities and Regulated Industries
95 chapters · 4,024 sections in this title.
Ark. Code Ann. § 23-79-2902 Coverage for medically necessary treatment related to acquired brain injury
4.9K chars
(a) (1) On and after January 1, 2026, a health benefit plan that is offered, issued, renewed, delivered, or extended in this state shall provide coverage to an enrollee for medically necessary treatment related to or as a result of an acquired brain injury.(2) As required under s…
Ark. Code Ann. § 23-79-2903 Rules— Medicaid waiver
0.4K chars
(a) The Insurance Commissioner may develop and promulgate rules for the implementation and administration of this subchapter. (b) The Department of Human Services shall apply for a waiver or add this population to an existing waiver program to allow a beneficiary under the Arkans…
Ark. Code Ann. § 23-79-3001 Legislative findings
13.2K chars
(1) The General Assembly finds that:(1) Lung cancer is the leading cause of cancer deaths in Arkansas, killing nearly two thousand (2,000) residents each year;(2) Lung cancer, which is mostly preventable, is the leading cause of cancer deaths in Arkansas;(3) In Arkansas, about on…
Ark. Code Ann. § 23-79-3002 Definitions
7.4K chars
(1) As used in this subchapter:(1) “Covered person” means an individual who is entitled to receive healthcare services under the terms of a health benefit plan;(2) (A) “Health benefit plan” means:(i) An individual, blanket, or group plan, or a policy or contract for healthcare se…
Ark. Code Ann. § 23-79-3003 Coverage for lung cancer screenings
0.8K chars
(a) On and after January 1, 2026, a health benefit plan that is offered, issued, renewed, delivered, or extended in this state shall provide coverage for lung cancer screenings and follow-up healthcare services according to American Cancer Society guidelines. (b) The coverage for…
Ark. Code Ann. § 23-79-3004 Rules
0.5K chars
(a) The Insurance Commissioner shall promulgate rules to implement this subchapter. (b) The Secretary of the Department of Human Services shall promulgate rules necessary to implement this subchapter that may apply to the Arkansas Medicaid Program or the Arkansas Health and Oppor…
Ark. Code Ann. § 23-79-301 Purpose
0.8K chars
The purpose of this subchapter is to provide minimum standards for commercial lines property and casualty insurance policies or contracts. These minimum standards are designed to minimize restrictions in coverage and to assure minimum standards for these commercial policies or co…
Ark. Code Ann. § 23-79-302 Definition
0.2K chars
For purposes of this subchapter, a claims-made policy as referenced in § 23-79-306 means a policy which provides coverage if a claim for damages is first made during the policy period.
Ark. Code Ann. § 23-79-303 Applicability — Exceptions
1.0K chars
(a) This subchapter applies to property and casualty insurance on commercial risks in this state, except:(1) Reinsurance;(2) Insurance against loss of or damage to aircraft or their hulls, accessories, and equipment or against liability arising out of the ownership, maintenance, …
Ark. Code Ann. § 23-79-304 Construction
0.2K chars
This subchapter shall be deemed cumulative of prior laws. No prior law or part of a law shall be deemed to be in conflict with this subchapter unless failure to so determine would prevent giving effect to an explicit provision of this subchapter.
Ark. Code Ann. § 23-79-305 Violations — Order
1.4K chars
(a) Whenever the Insurance Commissioner shall have reason to believe that any person has violated any provision of this subchapter, the commissioner shall issue and serve upon the person a statement of the alleged violations and a notice of hearing as provided by § 23-79-309. (b)…
Ark. Code Ann. § 23-79-306 Requirements
8.0K chars
(1) The following requirements are applicable only as to claims-made policies as defined in § 23-79-302:(1) The policy application and the initial page of each claims-made policy must include a conspicuous notice at the top indicating that the contract is a claims-made policy;(2)…
Ark. Code Ann. § 23-79-307 Standards — Definition
10.3K chars
(a) In addition to other applicable provisions of the Arkansas Insurance Code, insurers and insurance policies subject to the provisions of this subchapter shall meet the following standards:(1) Notice of claim given by or on behalf of the named insured to any authorized agent of…
Ark. Code Ann. § 23-79-308 Noncomplying provisions
0.3K chars
Any commercial property and casualty insurance policy, contract, rider, or endorsement issued after March 13, 1987, and otherwise valid that contains any condition or provision not in compliance with the requirements of this subchapter shall be construed and applied in accordance…
Ark. Code Ann. § 23-79-309 Administrative procedures — Appeals
0.3K chars
(a) Administrative procedures exercised by the Insurance Commissioner under this subchapter shall be in accordance with §§ 23-61-303 — 23-61-306. (b) Appeals from orders of the commissioner made under this subchapter shall be made in accordance with § 23-61-307.
Ark. Code Ann. § 23-79-310 Rules
0.1K chars
The Insurance Commissioner may promulgate such reasonable rules as are necessary to carry out the provisions of this subchapter.
Ark. Code Ann. § 23-79-3101 Definitions
32.0K chars
(1) As used in this subchapter:(1) “Ambulatory surgery center” means an entity certified by:(A) Medicare as an ambulatory surgical center that operates for the purpose of providing surgical services to patients and that is eligible to receive reimbursement from Medicaid for ambul…
Ark. Code Ann. § 23-79-3102 Coverage for breast reconstruction surgery
1.8K chars
(a) On and after January 1, 2026, a health benefit plan that is offered, issued, or renewed in this state shall provide coverage for all modalities, types, and techniques of a healthcare service provided for a breast reconstruction surgery and shall cover any surgery determined a…
Ark. Code Ann. § 23-79-3103 Prior authorization required for breast reconstruction surgery — Single case agreements
0.6K chars
(a) A healthcare insurer shall require prior authorization for breast reconstruction surgery. (b) If a healthcare insurer does not have a participating provider who provides a breast reconstruction surgery that has been determined as the best course of treatment by a healthcare p…
Ark. Code Ann. § 23-79-3104 Reimbursement rate — Penalties for late payment or nonpayment
3.4K chars
(a) If a healthcare insurer does not have a participating provider who provides a breast reconstruction surgery that has been determined as the best course of treatment by a healthcare professional and is consistent with prevailing medical standards and in consultation with the p…
Ark. Code Ann. § 23-79-3105 Coverage eligibility
0.3K chars
A healthcare insurer providing benefits under this subchapter shall not deny an enrollee eligibility or continued eligibility to enroll or renew coverage under the terms of the health benefit plan solely for the purpose of avoiding the requirements of this subchapter.
Ark. Code Ann. § 23-79-3106 Waiver prohibited
0.4K chars
(a) The provisions of this subchapter shall not be waived by contract. (b) A contractual arrangement or action taken in conflict with this subchapter or that purports to waive any requirement of this subchapter is void. (c) This subchapter shall not be used by a healthcare insure…
Ark. Code Ann. § 23-79-3107 Rules
0.3K chars
(a) The Insurance Commissioner shall develop and promulgate rules for the implementation and administration of this subchapter. (b) The State Board of Finance shall develop and promulgate rules for the administration of this subchapter for the plans providing health benefits to s…
Ark. Code Ann. § 23-79-311 Motor vehicle liability insurance — Extraterritorial provision
1.5K chars
(a) (1) Motor vehicle liability insurance applies to the amounts that the owner is legally obligated to pay as damages because of accidental bodily injury and accidental property damage arising out of the ownership or operation of a motor vehicle if the accident occurs in the Uni…
Ark. Code Ann. § 23-79-312 Motor vehicle liability insurance — Prohibition regarding step-downs
0.3K chars
No motor vehicle liability insurance policy issued or delivered in this state shall contain a provision that converts the limits for bodily injury or property damage to lower limits in the event that the insured motor vehicle is involved in an accident while it is being driven by…
Ark. Code Ann. § 23-79-3201 Definitions
8.3K chars
(1) As used in this subchapter:(1) “Enrollee” means an individual entitled to coverage of healthcare services from a healthcare insurer;(2) (A) “Health benefit plan” means:(i) An individual, blanket, or group plan, policy, or contract for healthcare services issued, renewed, or e…
Ark. Code Ann. § 23-79-3202 Step therapy or fail first protocols prohibited
1.7K chars
(a) A healthcare insurer shall not require step therapy protocols or fail first protocols of a lesser device or healthcare service for a prescription or order of a healthcare professional for a noninvasive ventilator if:(1) The noninvasive ventilator requires frequent or substant…
Ark. Code Ann. § 23-79-3203 Rules
0.7K chars
(a) The Insurance Commissioner may develop and promulgate rules for the implementation and administration of this subchapter. (b) The Secretary of the Department of Human Services may develop and promulgate rules for the implementation and administration of this subchapter that m…
Ark. Code Ann. § 23-79-3301 Definitions
11.2K chars
(1) As used in this subchapter:(1) (A) “Breastfeeding and lactation consultant” means:(i) An International Board Certified Lactation Consultant; and(ii) (a) A certified lactation counselor.(b) The individuals listed under subdivision (1)(A)(ii)(a) of this section are required to …
Ark. Code Ann. § 23-79-3302 Coverage for breastfeeding and lactation consultant services
0.8K chars
(a) On and after January 1, 2026, a health benefit plan that is offered, issued, renewed, delivered, or extended in this state shall provide coverage for breastfeeding and lactation consultant services in an outpatient setting to an enrollee. (b) The coverage for breastfeeding an…
Ark. Code Ann. § 23-79-3303 Rules
0.7K chars
(a) The Insurance Commissioner may develop and promulgate rules for the implementation and administration of this subchapter. (b) The Secretary of the Department of Human Services may develop and promulgate rules for the implementation and administration of this subchapter that m…
Ark. Code Ann. § 23-79-3401 Definitions
8.3K chars
(1) As used in this subchapter:(1) “Body mass index” means body weight in kilograms divided by height in meters squared;(2) “Covered person” means an individual who is entitled to receive healthcare services under the terms of a health benefit plan;(3) (A) “Health benefit plan” m…
Ark. Code Ann. § 23-79-3402 Coverage for treatment of diseases and conditions caused by severe obesity
7.3K chars
(a) On and after January 1, 2026, a health benefit plan that is offered, issued, renewed, delivered, or extended in this state shall provide coverage for medically necessary expenses for the treatment of diseases and conditions caused by severe obesity. (b) The coverage under sub…
Ark. Code Ann. § 23-79-3403 Limitations
1.5K chars
(a) Before any treatment for diseases and conditions caused by severe obesity covered under this subchapter begins, a healthcare insurer may require a covered person to successfully complete a preoperative period of no more than three (3) months that may include counseling, nutri…
Ark. Code Ann. § 23-79-3404 Exclusions
0.2K chars
This subchapter does not require a healthcare insurer to provide coverage for injectable drugs used to lower glucose levels or any other drugs prescribed for weight loss.
Ark. Code Ann. § 23-79-3405 Rules
2.4K chars
(a) The Insurance Commissioner, in accordance with evidence-based industry best practices, guidelines, and screening tools as recommended by the American Society for Metabolic and Bariatric Surgery or another nationally recognized body as may be designated by the commissioner, sh…
Ark. Code Ann. § 23-79-3501 Definitions
10.2K chars
(1) As used in this subchapter:(1) (A) “Clinical utility” means a test result that provides information that is used in the formulation of a treatment or monitoring strategy that informs a patient's outcome and impacts the clinical decision.(B) “Clinical utility” includes the mos…
Ark. Code Ann. § 23-79-3502 Coverage for genetic testing for inherited gene mutation and evidence-based cancer imaging
6.5K chars
(a) Beginning on and after January 1, 2026, a health benefit plan that is offered, issued, or renewed in this state shall provide coverage for:(1) Genetic testing for an inherited gene mutation in a clinical setting for an individual with a personal or family history of cancer if…
Ark. Code Ann. § 23-79-3503 Rules
0.1K chars
The Insurance Commissioner shall promulgate rules to implement and administer this subchapter.
Ark. Code Ann. § 23-79-3601 Definitions
9.6K chars
(1) As used in this subchapter:(1) “Enrollee” means an individual entitled to coverage of healthcare services from a healthcare insurer;(2) (A) “Health benefit plan” means:(i) An individual, blanket, or group plan or a policy or contract for healthcare services offered, issued, r…
Ark. Code Ann. § 23-79-3602 Coverage for birthing services in licensed birthing centers
0.9K chars
(a) On and after January 1, 2026, a health benefit plan that is offered, issued, renewed, delivered, or extended in this state shall provide the same coverage to an enrollee for birthing services received in a licensed birthing center as provided for birthing services received in…
Ark. Code Ann. § 23-79-3603 Rules
0.5K chars
(a) The Insurance Commissioner may develop and promulgate rules for the implementation and administration of this subchapter. (b) The Secretary of the Department of Human Services may develop and promulgate rules for the implementation and administration of this subchapter that a…
Ark. Code Ann. § 23-79-401 Title
0.1K chars
This subchapter shall be known and cited as the “Medicare Supplement Insurance Minimum Standards Act”.
Ark. Code Ann. § 23-79-402 Applicability and scope
1.3K chars
(a) Except as otherwise specifically provided in § 23-79-405, this subchapter shall apply to:(1) All Medicare supplement policies delivered or issued for delivery in this state on or after March 20, 1992; and(2) All certificates issued under group Medicare supplement policies, wh…
Ark. Code Ann. § 23-79-403 Definitions
3.6K chars
(1) As used in this subchapter:(1) “Applicant” means:(A) In the case of an individual Medicare supplement policy, the person who seeks to contract for insurance benefits; and(B) In the case of a group Medicare supplement policy, the proposed certificate holder;(2) “Certificate” m…
Ark. Code Ann. § 23-79-404 Standards for policy provisions and authority to promulgate rules
3.9K chars
(a) No Medicare supplement policy or certificate in force in this state shall contain benefits that duplicate benefits provided by Medicare. (b) Notwithstanding any other provision of law of this state, a Medicare supplement policy or certificate shall not exclude or limit benefi…
Ark. Code Ann. § 23-79-405 Loss ratio standards
0.5K chars
Medicare supplement policies shall return to policyholders benefits which are reasonable in relation to the premiums charged. The Insurance Commissioner shall issue reasonable rules to establish minimum standards for loss ratios of Medicare supplement policies on the basis of inc…
Ark. Code Ann. § 23-79-406 Disclosure standards — Definition
4.2K chars
(a) In order to provide for full and fair disclosure in the sale of Medicare supplement policies, no Medicare supplement policy or certificate shall be delivered in this state unless an outline of coverage is delivered to the applicant at the time application is made. (b) The Ins…
Ark. Code Ann. § 23-79-407 Notice of free examination
0.6K chars
Medicare supplement policies and certificates shall have a notice prominently printed on the first page of the Medicare supplement policy or certificate or attached thereto stating in substance that the applicant shall have the right to return the policy or certificate within thi…
Ark. Code Ann. § 23-79-408 Filing requirements for advertising
0.3K chars
Every issuer of Medicare supplement policies or certificates in this state shall provide a copy of any Medicare supplement advertising intended for use in this state whether through written, radio, or television medium to the Insurance Commissioner for review and approval prior t…