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Arkansas Statutes, Title 23

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Arkansas/Statutes

← All Arkansas coverage

Title 23, Public Utilities and Regulated Industries

95 chapters · 3,921 sections in this title.

All chapters in Title 233,921 Ch 63, Insurance Companies Generally230 Ch 79, Insurance Policies Generally211 Ch 99, Healthcare Providers165 Ch 4, Regulation of Rates and Charges Gene…162 Ch 18, Light, Heat, and Power Utilities154 Ch 69, Domestic Stock and Mutual Insurers109 Ch 13, Motor Carriers107 Ch 17, Telephone and Telegraph Companies97 Ch 81, Life Insurance Policies And Annuities97 Ch 112, Arkansas Motor Vehicle Commission Act97 Ch 61, State Insurance Department95 Ch 48, Organization and Operation94 Ch 51, ARKANSAS TRUST INSTITUTIONS ACT OF 202589 Ch 12, Operation and Maintenance of Railroads87

211 sections·Filtered byTitle 23✕Ch 79✕

Ark. Code Ann. § 23-79-1001 Findings and purpose
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(a) The General Assembly finds that:(1) Many Arkansans have no health insurance;(2) Increasing the number of persons with health insurance will improve the overall health of the people of the state; and(3) The United States Department of Health and Human Services created the Heal…
Ark. Code Ann. § 23-79-1002 Medicaid demonstration initiative
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(a) Subject to obtaining all necessary federal approvals, including approval of a demonstration waiver under section 1115 of the Social Security Act as in effect January 1, 2003, the Department of Human Services may administer the Health Insurance Flexibility and Accountability d…
Ark. Code Ann. § 23-79-1003 Arkansas Safety-net Benefit Program
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(a) (1) There is created the Arkansas Safety-net Benefit Program.(2) Employer participation in the program shall be voluntary. (1) There is created the Arkansas Safety-net Benefit Program. (2) Employer participation in the program shall be voluntary. (b) Employers electing to par…
Ark. Code Ann. § 23-79-1004 Arkansas Safety-net Benefit Fund

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(a) (1) There is created the Arkansas Safety-net Benefit Fund.(2) The fund shall be administered by the Department of Finance and Administration. (1) There is created the Arkansas Safety-net Benefit Fund. (2) The fund shall be administered by the Department of Finance and Adminis…

Ark. Code Ann. § 23-79-1005 Department of Human Services — Powers and duties

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(a) The Department of Human Services shall promulgate rules to implement this subchapter. (b) The Department of Human Services shall administer the Arkansas Safety-net Benefit Program and the Arkansas Safety-net Benefit Fund. (c) The Department of Human Services shall:(1) Prepare…

Ark. Code Ann. § 23-79-101 Definitions

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(1) As used in this chapter:(1) “Excepted benefits” means benefits under one (1) or more, or any combination thereof, of the following:(A) Benefits not subject to requirements, including without limitation:(i) Coverage only for accident or disability income insurance, or any comb…

Ark. Code Ann. § 23-79-102 Scope

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(1) Sections 23-79-101, 23-79-103 — 23-79-107, 23-79-109 — 23-79-128, 23-79-131 — 23-79-134, 23-79-162, and 23-79-202 — 23-79-210 do not apply to:(1) Reinsurance;(2) (A) Policies or contracts not issued for delivery in this state nor delivered in this state, except:(i) On subject…

Ark. Code Ann. § 23-79-103 Insurable interest — Personal insurance

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(a) (1) Any individual of competent legal capacity may procure or effect an insurance contract upon his or her own life or body for the benefit of any person.(2) However, no person shall procure or cause to be procured any insurance contract upon the life or body of another indiv…

Ark. Code Ann. § 23-79-104 Insurable interest — Property

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(a) No contract of insurance of property or of any interest in property or arising from property shall be enforceable as to the insurance except for the benefit of persons having an insurable interest in the things insured at the time of the effectuation of the insurance and at t…

Ark. Code Ann. § 23-79-105 Application required — Life and accident and health insurance

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(1) No life or accident and health insurance contract upon an individual, except a contract of group life insurance or of group or blanket accident and health insurance, shall be made or effectuated unless at the time of the making of the contract the individual insured, being of…

Ark. Code Ann. § 23-79-106 Application — Use as evidence — Alteration

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(a) No application for the issuance of any life or accident and health insurance policy or annuity contract shall be admissible in evidence in any action relative to the policy or contract unless a true copy of those portions of the application signed by the applicant was attache…

Ark. Code Ann. § 23-79-107 Application — Statements as representations

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(a) A statement in an application or in negotiations for a life or accident and health insurance policy or annuity contract by or in behalf of the insured or annuitant are representations and not warranties. Misrepresentations, omissions, concealment of facts, and incorrect state…

Ark. Code Ann. § 23-79-108 Return of premium to rejected applicant

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After an insurer rejects or declines to issue a life or accident and health insurance policy, the insurer shall return the premium to the applicant within a reasonable period of time.

Ark. Code Ann. § 23-79-109 Filing and approval of forms — Definitions

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(a) (1) (A) (i) No basic insurance policy, or annuity contract form, or application form when written application is required and is to be made a part of the policy or contract, or printed rider or endorsement form or form of renewal certificate, shall be issued, delivered, or us…

Ark. Code Ann. § 23-79-110 Forms and premium rates — Grounds for disapproval — Definitions

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(a) The Insurance Commissioner shall disapprove a form filed under § 23-79-109, or withdraw a previous approval, only if the form:(1) Violates or does not comply with state law;(2) Contains or incorporates by reference, when the incorporation is otherwise permissible, an inconsis…

Ark. Code Ann. § 23-79-1101 Title

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This subchapter shall be known and may be cited as the “Equity in Prescription Insurance and Contraceptive Coverage Act”.

Ark. Code Ann. § 23-79-1102 Definitions

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(1) As used in this subchapter:(1) (A) “Health benefit policy” means an individual or group plan, policy, or contract for healthcare services issued, delivered, issued for delivery, or renewed in this state, including those contracts executed by the State of Arkansas on behalf of…

Ark. Code Ann. § 23-79-1103 Parity for contraceptives

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(a) Every health benefit policy that is delivered, issued, executed, or renewed in this state or approved for issuance or renewal in this state by the Insurance Commissioner on or after August 12, 2005, that provides coverage for prescription drugs on an outpatient basis shall pr…

Ark. Code Ann. § 23-79-1104 Extraordinary surcharges prohibited

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(a) No insurer shall impose upon any person receiving prescription contraceptive benefits pursuant to this subchapter any:(1) Copayment, coinsurance payment, or fee that is not equally imposed upon all individuals in the same benefit category, class, coinsurance level, or copayme…

Ark. Code Ann. § 23-79-111 Standard provisions

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(a) Insurance contracts shall contain such standard or uniform provisions as are required by the applicable provisions of this code pertaining to contracts of particular kinds of insurance. The Insurance Commissioner may waive the required use of a particular provision in a parti…

Ark. Code Ann. § 23-79-112 Contents

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(a) The written instrument in which a contract of insurance is set forth is the policy. (b) Every policy shall specify:(1) The names of the parties to the contract;(2) The subject of the insurance;(3) The risks insured against;(4) The time when the insurance thereunder takes effe…

Ark. Code Ann. § 23-79-113 Charter or bylaw provisions excluded — Exception

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(a) No policy shall contain any provision purporting to make any portion of the charter, bylaws, or other constituent document of the insurer, other than the subscribers' agreement or power of attorney of a reciprocal insurer, a part of the contract unless the portion is set fort…

Ark. Code Ann. § 23-79-114 Entitlement notwithstanding policy provisions — Health services performed by professionals not licensed under Arkansas Medical Practices Act

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(a) (1) Notwithstanding any provision of any individual or group policy of accident and health insurance or any provision of a policy, contract, plan, or agreement for hospital or medical service or indemnity, in cases in which the policy, contract, plan, or agreement provides fo…

Ark. Code Ann. § 23-79-115 Entitlement notwithstanding policy provisions — Services performed by outpatient centers

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(a) (1) Notwithstanding any provisions of any individual or group accident and health insurance policy, or any provision of a policy, contract, plan, or agreement covering hospital or medical services, in cases in which the policy, contract, plan, or agreement provides for paymen…

Ark. Code Ann. § 23-79-116 Execution

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(a) Every insurance policy shall be executed in the name of and on behalf of the insurer by its officer, attorney-in-fact, employee, or representative authorized by the insurer. (b) A facsimile signature of any executing individual may be used in lieu of an original signature. (c…

Ark. Code Ann. § 23-79-117 Underwriters' and combination policies

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(a) (1) Two (2) or more authorized insurers may jointly issue and shall be jointly and severally liable on an underwriters' policy bearing their names.(2) Any one (1) insurer may issue policies in the name of an underwriter's department, and the policy shall plainly show the true…

Ark. Code Ann. § 23-79-118 Noncomplying forms

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An insurance policy, rider, or endorsement issued and otherwise valid that contains any condition or provision not in compliance with state law is not rendered invalid but shall be construed and applied according to the conditions and provisions that would have applied had the po…

Ark. Code Ann. § 23-79-119 Construction of policies

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(a) Every insurance contract shall be construed according to the entirety of its terms and conditions as set forth in the policy and as amplified, extended, or modified by any rider, endorsement, or application made a part of the policy. (b) All insurance contracts that are issue…

Ark. Code Ann. § 23-79-120 Binders

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(a) Binders or other contracts for temporary insurance may be made orally or in writing and shall be deemed to include all the usual terms of the policy as to which the binder was given together with such applicable endorsements as are designated in the binder, except as supersed…

Ark. Code Ann. § 23-79-1201 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 healthcare policy and is covered under a healthcare policy;(2) “Follow-up colonoscopy” means a colonoscopy that is performed as a follow-up to a colorec…

Ark. Code Ann. § 23-79-1202 Coverage — Applicability

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(a) A healthcare policy subject to this subchapter executed, delivered, issued for delivery, continued, or renewed in this state on or after August 1, 2005, shall include colorectal cancer examinations and laboratory tests within the healthcare policy's coverage. (b) The coverage…

Ark. Code Ann. § 23-79-1203 Certain activities not prohibited

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(a) This subchapter does not prohibit the issuance of policies that provide benefits greater than those required by § 23-79-1202 or more favorable to the insured than those required by § 23-79-1202. (b) This subchapter does not prohibit the payment of different levels of benefits…

Ark. Code Ann. § 23-79-1204 Exclusions and reductions — Benefits subject to annual deductible and coinsurance

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(a) Except as provided in subsection (b) of this section and § 23-79-1207, the coverage offered under § 23-79-1202 may contain any exclusions, reductions, or other limitations approved by the Insurance Commissioner concerning coverages, deductibles, or coinsurance provisions. (b)…

Ark. Code Ann. § 23-79-1205 Coverage by participating providers — Selection criteria and utilization protocols — Maximum benefits — Exclusions

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(a) (1) This subchapter does not require and shall not be construed to require the coverage of services by providers who are not designated as covered providers or that are not selected as a participating provider by a group health benefit plan or insurer having a participating n…

Ark. Code Ann. § 23-79-1206 Additional benefit costs

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The issuer of a healthcare policy shall conform its policies, contracts, or certificates issued on or after August 1, 2005, and may adjust its premium cost to reflect the additional benefit cost.

Ark. Code Ann. § 23-79-1207 Cost-sharing

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(a) To encourage colorectal cancer screenings, patients and healthcare providers shall not be required to meet burdensome criteria or overcome significant obstacles to obtain coverage. (b) (1) An individual shall not be required to pay an additional deductible or coinsurance for …

Ark. Code Ann. § 23-79-1208 Referrals to participating providers

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A healthcare policy is not required to provide a referral under this subchapter to a nonparticipating healthcare provider unless the plan or carrier does not have a participating healthcare provider that is available and accessible to administer the screening, examination, or tre…

Ark. Code Ann. § 23-79-1209 Payment of nonparticipating providers

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If a healthcare policy refers an individual under this subchapter to a nonparticipating healthcare provider, then services provided under the approved screening exam or resulting treatment, if any, shall be provided at no additional cost to the individual beyond what the individu…

Ark. Code Ann. § 23-79-121 Delivery of policy

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(a) (1) Subject to the insurer's requirements as to payment of premium, every policy shall be mailed or delivered to the insured or to the person entitled to receive it, within a reasonable period of time after its issuance, except when a condition required by the insurer has not…

Ark. Code Ann. § 23-79-122 Negotiability of premium notes

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(a) (1) No note given for premiums on insurance in this state shall be negotiated until the policy for which the note was given has been issued and delivered to the maker of the note, and all notes so given shall state the purpose for which the note was given.(2) However, this su…

Ark. Code Ann. § 23-79-123 Renewal by certificate

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(a) (1) Any insurance policy terminating by its terms at a specified expiration date and not otherwise renewable may be renewed or extended at the option of the insurer upon a currently authorized policy form and at the premium rate then required for that type of policy, for a sp…

Ark. Code Ann. § 23-79-124 Assignment

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(a) A policy may be assignable or not assignable, as provided by its terms. (b) Subject to its terms relating to assignability, any life or accident and health policy, under the terms of which the beneficiary may be changed upon the sole request of the insured, may be assigned, e…

Ark. Code Ann. § 23-79-125 Payment by insurer — Discharge

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(a) Whenever the proceeds of or payments under a life or accident and health insurance policy or annuity contract become payable in accordance with the terms of the policy or contract, or the exercise of any right or privilege thereunder, and the insurer makes payment of the amou…

Ark. Code Ann. § 23-79-126 Forms for proof of loss

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(a) An insurer shall furnish to any person claiming to have a loss under an insurance contract issued by the insurer forms of proof of loss for completion by the person, within twenty (20) days after a loss has been reported to the insurer, but the insurer shall not, by reason of…

Ark. Code Ann. § 23-79-127 Claims administration by insurer not waiver

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(1) Without limitation of any right or defense of an insurer otherwise, none of the following acts by or on behalf of an insurer shall be deemed to constitute a waiver of any provision of a policy or of any defense of the insurer thereunder:(1) Acknowledgment of the receipt of no…

Ark. Code Ann. § 23-79-128 Right to insure spouse's life

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(a) (1) It shall be lawful for any married woman, by herself and in her name, or in the name of any third person, with his or her assent as her trustee, to cause to be insured, for her sole use, the life of her spouse for any definite period or for the term of his natural life.(2…

Ark. Code Ann. § 23-79-129 Coverage of newborn infants

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(a) (1) Every accident and health insurance policy, contract, certificate, or healthcare plan sold, delivered, issued, or offered for sale, issue, or delivery in this state, other than coverage limited to expenses from accidents or specified diseases, whether an individual or gro…

Ark. Code Ann. § 23-79-130 Impairment of speech or hearing

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(a) Every accident and health insurer, hospital or medical service corporation, or health maintenance organization transacting accident and health insurance or providing health coverage in the State of Arkansas, which delivers or issues for delivery or renews, extends, or modifie…

Ark. Code Ann. § 23-79-1301 Findings

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(1) The General Assembly finds that:(1) Prostate cancer is the second leading cause of cancer in men;(2) In Arkansas, more men die from prostate cancer than women die of breast cancer, the tenth-highest death rate in the nation;(3) Even though the death rate for prostate cancer h…

Ark. Code Ann. § 23-79-1302 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 an insurer, health maintenance organization, hospital medical service corporation, or self-insured governme…