Title 23 — Public Utilities and Regulated Industries
95 chapters · 4,024 sections in this title.
Ark. Code Ann. § 23-86-101 Blanket accident and health insurance — Definition
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(1) Blanket accident and health insurance is declared to be that form of accident and health insurance covering groups of persons as enumerated in one (1) of the following subdivisions:(1) Under a policy or contract issued to any common carrier or to any operator, owner, or lesse…
Ark. Code Ann. § 23-86-102 Blanket accident and health insurance — Required provisions
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(a) Any insurer authorized to write accident and health insurance in this state shall have the power to issue blanket accident and health insurance. (b) No blanket policy may be issued or delivered in this state unless a copy of the form shall have been filed in accordance with §…
Ark. Code Ann. § 23-86-103 Blanket accident and health insurance — Application and certificates not required
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An individual application shall not be required from a person covered under a blanket accident and health insurance policy or contract, nor shall it be necessary for the insurer to furnish each person a certificate.
Ark. Code Ann. § 23-86-104 Blanket accident and health insurance — Payment of benefits
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(a) (1) Except as provided under subsection (c) of this section, all benefits under any blanket accident and health insurance policy or health benefit plan shall be payable to the person insured, to the designated beneficiaries, or to his or her estate.(2) However, if the person …
Ark. Code Ann. § 23-86-105 [Repealed.]
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A.C.A. § 23-86-105Current 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. § 23-86-106 Group accident and health insurance — Definition
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(1) Group accident and health insurance is declared to be that form of accident and health insurance covering groups of persons as defined in this section, with or without one (1) or more members of their families or one (1) or more of their dependents, or covering one (1) or mor…
Ark. Code Ann. § 23-86-107 Group accident and health insurance — Authorized insurer required
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(a) All group accident and health insurance placed by an employer on employees who are residents of this state shall be placed by the employer with an insurer authorized to transact insurance in this state. (b) This section shall not apply to group insurance lawfully placed in an…
Ark. Code Ann. § 23-86-108 Group accident and health insurance — Required provisions
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(1) Each group accident and health insurance policy shall contain in substance the following provisions:(1) A provision that, in the absence of fraud, all statements made by applicants or the policyholder or by an insured person shall be deemed representations and not warranties …
Ark. Code Ann. § 23-86-109 Group accident and health insurance — Optional continuation of benefit provisions
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Any group accident and health insurance policy that contains provisions for the payment by the insurer of benefits for expenses incurred on account of hospital, nursing, medical, or surgical services for members of the family or dependents of a person in the insured group may pro…
Ark. Code Ann. § 23-86-110 Group accident and health insurance — Administration of benefits
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(a) (1) All group accident and health insurance carriers including hospital and medical service corporations shall be subject to the “primary” and “secondary” carrier rules promulgated by the Insurance Commissioner.(2) The secondary carrier shall administer benefits on a timely b…
Ark. Code Ann. § 23-86-111 Group accident and health insurance — Payment of benefits when other like insurance exists
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(a) (1) No contract of group accident and health insurance coverage sold, delivered or issued for delivery, renewed, or offered for sale in this state by an insurer, hospital and medical service corporation, or health maintenance organization, directly or indirectly providing ind…
Ark. Code Ann. § 23-86-112 Group accident and health insurance — Direct payment of hospital or medical services
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(a) Except as provided under subsection (c) of this section, on request by the group policyholder, any group accident and health insurance policy or health benefit plan may provide that all or any portion of any indemnities provided by any policy or health benefit plan on account…
Ark. Code Ann. § 23-86-113 Minimum benefits for mental illness in group accident and health insurance policies or subscriber's contracts — Definition
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(a) Unless refused in writing, every group accident and health insurance policy or group contract of hospital and medical service corporations issued or renewed after July 1, 1983, providing hospitalization or medical benefits to Arkansas residents for conditions arising from men…
Ark. Code Ann. § 23-86-114 Group accident and health insurance — Continuation of coverage beyond termination of employment, change in marital status, etc
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(a) Every group accident and health insurance policy, contract, or certificate providing hospital, surgical, or major medical coverage, other than accident only or specified disease policies, shall contain a provision that any certificate holder, member, or spouse whose coverage …
Ark. Code Ann. § 23-86-115 Group accident and health insurance — Entitlement to conversion policy upon termination of group policy
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(a) (1) Every group policy, contract, or certificate of accident and health insurance delivered or issued for delivery in this state that provides hospital, surgical, or major medical coverage on an expense-incurred basis, other than coverage limited to expenses from accidents or…
Ark. Code Ann. § 23-86-116 Continuation of benefits upon termination of policy
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(a) Every group accident and health insurance policy, contract, or certificate that provides coverage for hospital or medical services or expenses shall provide that the insurer shall continue its obligation for benefits under the policy or contract for any person insured under t…
Ark. Code Ann. § 23-86-117 Standard claim form required
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(a) All accident and health insurers transacting business in this state shall use Form HCFA 1500 and Form UB-92/HCFA 1450 or in the claim format required by the Health Insurance Portability and Accountability Act of 1996 as the standard claim forms until and unless the Insurance …
Ark. Code Ann. § 23-86-118 In vitro fertilization coverage required — Definitions
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(a) As used in this section:(1) (A) “Fertility awareness-based methods” means modern, evidence-based methods of tracking the menstrual cycle of a woman through observable biological signs, including without limitation:(i) Body temperature;(ii) Cervical fluid; or(iii) Hormone prod…
Ark. Code Ann. § 23-86-119 Disclosure to policyholders
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(a) (1) Upon request from a policyholder with more than fifty (50) insured employees under a comprehensive group health insurance policy, an insurer issuing or delivering a group accident and health insurance policy in this state shall provide to the policyholder the following in…
Ark. Code Ann. § 23-86-120 Hospice care coverage for terminally ill patients
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(a) (1) Every accident and health insurance company, hospital service corporation, health maintenance organization, or other health insurance provider in the State of Arkansas shall offer to each master group contract holder, coverage for hospice facilities and hospice programs a…
Ark. Code Ann. § 23-86-121 Coverage for anesthesia and hospitalization for dental procedures
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(a) As used in this section, “health benefit plan” means any policy, contract, or agreement offered by an insurance company, health maintenance organization, or hospital and medical service corporation to provide, reimburse, or pay for healthcare services, but does not include th…
Ark. Code Ann. § 23-86-122 Prior approval process for experimental and investigational surgical products and medical devices — Definition
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(a) As used in this section:(1) “Health carrier” means a:(A) Health maintenance organization;(B) Hospital medical service corporation; and(C) Disability insurance company;(2) “Health carrier” includes a:(A) Self-insured governmental or church plan; and(B) Third-party administrato…
Ark. Code Ann. § 23-86-123 Prior authorization by physician — Definitions
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(a) As used in this section:(1) “Prior authorization” means the process by which a health carrier determines the medical necessity or eligibility for coverage of a healthcare service before a covered person receives the healthcare service in order to provide coverage and reimburs…
Ark. Code Ann. § 23-86-201 Purpose
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(1) The intent of this subchapter is to:(1) Promote the availability of health insurance coverage to small employers;(2) Prevent abusive rating practices; and(3) Improve the efficiency and fairness of the small group health insurance marketplace. (1) Promote the availability of h…
Ark. Code Ann. § 23-86-202 Definitions
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(1) “Actuarial certification” means a written statement by a member of the American Academy of Actuaries or other individuals acceptable to the Insurance Commissioner that a small employer carrier is in compliance with the provisions of § 23-86-204 based upon the person's examina…
Ark. Code Ann. § 23-86-203 Health insurance plans subject to this subchapter
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(a) Except as provided in subsection (b) of this section, the provisions of this subchapter apply to any health benefit plan that provided coverage to two (2) or more employees of a small employer. (b) The provisions of this subchapter shall not apply to individual health insuran…
Ark. Code Ann. § 23-86-204 Restrictions relating to premium rates
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(a) Premium rates for health benefit plans subject to this subchapter shall be subject to the following provisions:(1) The index rate for a rating period for any class of business shall not exceed the index rate for any other class of business by more than twenty percent (20%). T…
Ark. Code Ann. § 23-86-207 Maintenance of records
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(a) Each small employer carrier shall maintain at its principal place of business a complete and detailed description of its rating practices and renewal underwriting practices, including information and documentation which demonstrate that its rating methods and practices are ba…
Ark. Code Ann. § 23-86-208 Discretion of commissioner
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The Insurance Commissioner may suspend all or any part of § 23-86-204 as to the premium rates applicable to one (1) or more small employers for one (1) or more rating periods upon a filing by the small employer carrier and a finding by the commissioner that either the suspension …
Ark. Code Ann. § 23-86-209 Effective date
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(a) The provisions of this subchapter shall apply to each health benefit plan for a small employer that is delivered, issued for delivery, renewed, or continued in this state after July 1, 1997. (b) For purposes of this section, the date a plan is continued is the first rating pe…
Ark. Code Ann. § 23-86-301 Title
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This subchapter may be cited as the “Arkansas Health Insurance Portability and Accountability Act of 1997”.
Ark. Code Ann. § 23-86-302 Effective date — Limitation of actions — Applicability
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(a) In General. Except as provided in this section, this subchapter and the amendments made by this section shall apply with respect to group health plans for plan years beginning after June 30, 1997. (b) Determination of Creditable Coverage. (1) Period of Coverage — In General. …
Ark. Code Ann. § 23-86-303 Definitions
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(1) As used in this subchapter:(1) “Affiliation period” means a period that, under the terms of the coverage offered by the health maintenance organization, must expire before the coverage becomes effective;(2) “Bona fide association” means, with respect to health insurance cover…
Ark. Code Ann. § 23-86-304 Increased portability through limitation on preexisting conditions exclusions
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(a) Limitation on Preexisting Condition Exclusion Period — Crediting for Periods of Previous Coverage. Subject to subsection (d) of this section, a group health plan and a health insurance issuer offering group health insurance coverage may, with respect to a participant or benef…
Ark. Code Ann. § 23-86-305 Group health plan — Application of certain rules in determination of employer size
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(a) Application of Aggregation Rule for Employers. All persons treated as a single employer under subsection (b), subsection (c), subsection (m), or subsection (o) of section 414 of the Internal Revenue Code of 1986 shall be treated as one (1) employer. (b) Employers Not in Exist…
Ark. Code Ann. § 23-86-306 Prohibiting discrimination against individual participants and beneficiaries based on health status
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(a) Ineligibility to Enroll. (1) In General. Subject to subdivision (a)(2) of this section, a group health plan and a health insurance issuer offering group health insurance coverage in connection with a group health plan may not establish rules for eligibility including continue…
Ark. Code Ann. § 23-86-307 Guaranteed renewability in multiemployer plans and multiple employer welfare arrangements
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(1) A group health plan which is a multiemployer plan or which is a multiple employer welfare arrangement may not deny an employer whose employees are covered under such a plan continued access to the same or different coverage under the terms of such a plan, other than:(1) For n…
Ark. Code Ann. § 23-86-308 Rules of construction
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Nothing in this subchapter shall be construed as requiring a group health plan or health insurance coverage to provide specific benefits under the terms of such a group health plan or health insurance coverage.
Ark. Code Ann. § 23-86-309 Special rules relating to group health plans
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(a) General Exception for Certain Small Group Health Plans. The requirements of this subchapter shall not apply to any group health plan or group health insurance coverage offered in connection with a group health plan for any plan year if, on the first day of the group health pl…
Ark. Code Ann. § 23-86-310 Excepted benefits — Definition
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(1) For purposes of this section, the term “excepted benefits” means benefits under one (1) or more, or any combination thereof, of the following:(1) Benefits not subject to requirements:(A) Coverage only for accident or disability income insurance, or any combination thereof;(B)…
Ark. Code Ann. § 23-86-311 Guaranteed renewability of coverage for employers in the group market
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(a) In General. Except as provided in this section, if a health insurance issuer offers health insurance coverage in the small-group market or the large-group market in connection with a group health plan, the issuer must renew or continue in force that coverage at the option of …
Ark. Code Ann. § 23-86-312 Guaranteed availability of coverage for employers in the small-group market
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(a) Issuance of Coverage in the Small-Group Market — In General. Subject to subsections (b)-(e) of this section, each health insurance issuer that offers health insurance coverage in the small-group market in Arkansas:(1) Must accept every small employer in Arkansas that applies …
Ark. Code Ann. § 23-86-313 Disclosure of information
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(a) Disclosure of Information by Health Insurance Issuers. In connection with the offering of any health insurance coverage to a small employer, a health insurance issuer:(1) Shall make a reasonable disclosure to the small employer as part of its solicitation and sales materials …
Ark. Code Ann. § 23-86-314 Exclusion of certain plans
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(a) Exception for Certain Small Group Health Plans. The requirements of § 23-86-304, limitation on preexisting conditions, § 23-86-306, prohibiting discrimination based on health status, § 23-86-311, guaranteed renewability, § 23-86-312, guaranteed availability, and § 23-86-313, …
Ark. Code Ann. § 23-86-401 Title
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This subchapter may be cited as the “Freedom of Choice Among Health Benefit Plans Act of 1999”.
Ark. Code Ann. § 23-86-402 Legislative finding
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(1) The General Assembly finds that:(1) Citizens covered by health benefit plans should have the opportunity to obtain healthcare services at an affordable price;(2) The cost of health benefit plans can vary depending upon the kind of arrangement the health benefit plan has with …
Ark. Code Ann. § 23-86-403 Definitions
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(1) As used in this subchapter:(1) “Benefit level” means an obligation of the health maintenance organization or insurance company under its health benefit plan. The benefit level is actuarially determined considering the copayments, deductibles, and dollar limits of the health b…
Ark. Code Ann. § 23-86-404 Optional health benefit plans
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(a) A health maintenance organization may offer and issue health benefit plans that reimburse or arrange for covered healthcare services to covered persons through a limited network plan if:(1) The health maintenance organization provides itself, or arranges through an insurance …
Ark. Code Ann. § 23-86-405 Effect of subchapter on pricing
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Nothing in this subchapter shall be construed to prohibit a health maintenance organization from pricing any health benefit plan according to sound actuarial principles.
Ark. Code Ann. § 23-86-406 Effect of subchapter on coverage of specific services
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Nothing in this subchapter shall be construed to require a health maintenance organization to cover any specific healthcare service.