Title 23 — Public Utilities and Regulated Industries
95 chapters · 4,024 sections in this title.
Ark. Code Ann. § 23-80-201 Title
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This subchapter may be cited as the “Life and Accident and Health Insurance Policy Language Simplification Act”.
Ark. Code Ann. § 23-80-202 Purpose
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(a) The purpose of this subchapter is to establish minimum standards for language used in policies, contracts, and certificates of life insurance and annuities, accident and health insurance, credit life insurance, and credit disability insurance delivered or issued for delivery …
Ark. Code Ann. § 23-80-203 Definitions
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(1) As used in this subchapter:(1) “Commissioner” means the Insurance Commissioner;(2) “Company” or “insurer” means any life or accident and health insurance company, fraternal benefit society, nonprofit health service corporation, nonprofit hospital service corporation, nonprofi…
Ark. Code Ann. § 23-80-204 Applicability
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(a) This subchapter shall apply to all policies delivered or issued for delivery in this state by any company on or after the date the forms must be approved under this subchapter. (b) However, nothing in this subchapter shall apply to:(1) Any policy which is a security subject t…
Ark. Code Ann. § 23-80-205 Construction
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Nothing in this subchapter shall be construed to negate any law of this state permitting the issuance of any policy form after it has been on file for the time period specified.
Ark. Code Ann. § 23-80-206 Minimum standards
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(a) In addition to any other requirements of law, no policy forms, except as stated in § 23-80-204, shall be delivered or issued for delivery in this state on or after the dates forms must be approved under this subchapter, unless:(1) The text achieves a minimum score of forty (4…
Ark. Code Ann. § 23-80-207 Authorization to use lower score
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(1) The Insurance Commissioner may authorize a lower score than the Flesch reading ease score required in § 23-80-206(a)(1) whenever, in the commissioner's discretion, he or she finds that a lower score:(1) Will provide a more accurate reflection of the readability of a policy fo…
Ark. Code Ann. § 23-80-208 Approval of forms
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A policy form meeting the requirements of § 23-80-206(a) shall be approved notwithstanding the provisions of any other laws which specify the content of policies if the policy form provides the policyholders and claimants protection not less favorable than they would be entitled …
Ark. Code Ann. § 23-80-301 Title
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This subchapter may be cited as the “Property and Casualty Insurance Policy Simplification Act”.
Ark. Code Ann. § 23-80-302 Purpose
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(a) The purpose of this subchapter is to establish minimum language and format standards to make property and casualty insurance policies easier to read. (b) This subchapter is not intended to increase the risk assumed under policies subject to it. Nor is it intended to impede fl…
Ark. Code Ann. § 23-80-303 Definitions
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(1) As used in this subchapter:(1) “Casualty insurance” does not include accident and health insurance;(2) “Commissioner” means the Insurance Commissioner; and(3) “Policy” or “policy forms” means any written contract of property and casualty insurance delivered or issued for deli…
Ark. Code Ann. § 23-80-304 Applicability
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(a) This subchapter shall apply to all policies with effective dates on or after the implementation date established for policies under § 23-80-306(b). (b) No other statute of this state setting simplification standards for language or format shall apply to any policy. (c) This s…
Ark. Code Ann. § 23-80-305 Powers of commissioner
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(a) After notice and hearing, the Insurance Commissioner may issue reasonable rules implementing §§ 23-80-306 and 23-80-308. (b) At the commissioner's sole discretion, he or she may extend any dates under this subchapter. (c) The commissioner shall have sole authority to enforce …
Ark. Code Ann. § 23-80-306 Minimum standards
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(a) All policies which, under subsection (b) of this section, must comply with this subsection shall be simplified, taking into consideration the following factors:(1) Use of simple sentence structure and short sentences;(2) Use of commonly understood words;(3) Avoidance of techn…
Ark. Code Ann. § 23-80-307 Compliance with other statutorily required language
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(a) The requirements of any other laws which specify the language or content of any policy may be met by a policy complying with § 23-80-306(a). (b) However, the policy must provide protection which, considered as a whole, is not less favorable to the insured than is required by …
Ark. Code Ann. § 23-80-308 Compliance by provision of outline of coverage
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An insurer may comply with § 23-80-306(a) and § 23-80-306(b)(2) for not more than twelve (12) months following the implementation date established by the Insurance Commissioner by providing to the policyholder an outline of coverage or a brochure instead of a simplified policy. T…
Ark. Code Ann. § 23-80-401 Purpose
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It is the intent of the General Assembly to improve care to patients by minimizing confusion, eliminating unnecessary paperwork, decreasing administrative burdens, and streamlining dispensing of prescription products paid for by third-party payors. This subchapter shall be constr…
Ark. Code Ann. § 23-80-402 Definitions
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(1) As used in this subchapter:(1) “Commissioner” means the Insurance Commissioner;(2) “Covered person” means a person on whose behalf a health benefit plan is obligated to pay benefits pursuant to the health benefit plan; and(3) “Health benefit plan” means any individual, blanke…
Ark. Code Ann. § 23-80-403 Exemptions
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(1) This subchapter shall not apply to:(1) Accidental injury insurance plans;(2) Dental insurance plans;(3) Vision insurance plans;(4) Specified disease insurance plans;(5) Disability income plans;(6) Credit insurance plans;(7) Insurance coverage issued as a supplement to liabili…
Ark. Code Ann. § 23-80-404 Uniform card requirement
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(a) Every health benefit plan that provides coverage for prescription drugs or devices and issues a card or other technology for claims processing and every administrator of such plans, including third-party administrators for self-insured plans, pharmacy benefit managers, and ad…
Ark. Code Ann. § 23-80-405 Enrollment
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(a) Upon enrollment of a covered person, a health benefit plan shall issue a uniform prescription drug information card or other technology in accordance with the requirements of § 23-80-404. (b) Upon any change in a covered person's coverage that impacts in content or format any…
Ark. Code Ann. § 23-80-406 Required fields
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(a) This subchapter does not require a health benefit plan that provides coverage for prescription drugs or devices to issue a card or other technology separate from any identification card issued to a covered person to evidence coverage under the health benefit plan, if the card…
Ark. Code Ann. § 23-80-407 Compliance date
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All prescription drug information cards or other technologies, including dual-use identification cards described in § 23-80-406, that are executed, delivered, issued, modified, extended, or renewed by a health benefit plan shall comply with the requirements of this subchapter.
Ark. Code Ann. § 23-80-408 Scope of authority
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The Insurance Commissioner shall have all the powers to enforce this subchapter that are granted to the commissioner elsewhere in the Arkansas Insurance Code.
Ark. Code Ann. § 23-80-409 Enabling clause
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The Insurance Commissioner shall promulgate rules necessary to implement this subchapter and shall look for guidance to the standards and implementation guides produced by the National Council for Prescription Drug Programs.