Title 23, Public Utilities and Regulated Industries

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.

(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)…

(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)…

(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…

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…

(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.

The Insurance Commissioner may promulgate such reasonable rules as are necessary to carry out the provisions of this subchapter.

(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…

(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…

(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…

(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…

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.

(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…

(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…

(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…

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…

(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…

(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…

(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…

(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 …

(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…

(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…

(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…

(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…

(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…

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.

(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…

(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…

(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…

The Insurance Commissioner shall promulgate rules to implement and administer this subchapter.

(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…

(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…

(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…

This subchapter shall be known and cited as the “Medicare Supplement Insurance Minimum Standards Act”.

(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…

(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…

(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…

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…

(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…

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…

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…

Rules adopted pursuant to this subchapter shall be subject to the provisions of § 23-61-108 and to the provisions of the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

In addition to any other applicable penalties for violations of the Arkansas Insurance Code, the Insurance Commissioner may require issuers violating any provisions of this subchapter or rules promulgated pursuant to this subchapter to cease marketing any Medicare supplement poli…

(1) As used in this subchapter:(1) “Diabetes self-management training” means instruction in an inpatient or outpatient setting including medical nutrition therapy relating to diet, caloric intake and diabetes management, excluding programs the primary purposes of which are weight…

(a) Every health insurance policy shall include coverage for a one-per-lifetime training program per insured for diabetes self-management training when medically necessary as determined by a physician and when provided by an appropriately licensed healthcare professional upon cer…

(a) Every health insurance policy shall include medical coverage for medically necessary equipment, supplies, and services for the treatment of Type I diabetes, Type II diabetes, and gestational diabetes, when prescribed by a physician licensed under § 17-95-201 et seq. (b) The c…