Title 23 — Public Utilities and Regulated Industries
95 chapters · 4,024 sections in this title.
Ark. Code Ann. § 23-99-1304 Enforcement
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(a) A contracting entity is subject to the Trade Practices Act, § 23-66-201 et seq. (b) The State Insurance Department shall enforce this subchapter.
Ark. Code Ann. § 23-99-1305 Rules
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The Insurance Commissioner shall promulgate rules necessary to ensure compliance with this subchapter.
Ark. Code Ann. § 23-99-1401 Title
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This subchapter shall be known and may be cited as the “Temporary Hospital Facility Act”.
Ark. Code Ann. § 23-99-1402 Legislative findings and intent
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(a) The General Assembly finds that:(1) The Centers for Medicare & Medicaid Services' Hospitals Without Walls program allows participating ambulatory surgery centers to convert to licensed hospitals during the period of the coronavirus 2019 (COVID-19) public health emergency;(2) …
Ark. Code Ann. § 23-99-1403 Definitions
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(1) As used in this subchapter:(1) “Contracting entity” means a healthcare insurer or a subcontractor, affiliate, or other entity that contracts directly or indirectly with a healthcare provider for the delivery of healthcare services to enrollees;(2) “Healthcare contract” means …
Ark. Code Ann. § 23-99-1404 Healthcare contract — Good-faith cooperation
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(a) A healthcare insurer shall cooperate in good faith with a temporary hospital facility in timely executing a healthcare contract. (b) A healthcare insurer shall cooperate in good faith as required in subsection (a) of this section by timely offering a temporary hospital facili…
Ark. Code Ann. § 23-99-1405 Converting back to ambulatory surgery center
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(a) If a temporary hospital facility converts back to an ambulatory surgery center, a healthcare insurer shall not delay in providing a contract for an ambulatory surgery center based on the healthcare insurer's standard and reasonable terms and conditions. (b) The effective date…
Ark. Code Ann. § 23-99-1406 Applicability
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This subchapter shall apply to any future public health emergencies if the Centers for Medicare & Medicaid Services and the Department of Health have implemented similar programs as described in § 23-99-1402(a)(2).
Ark. Code Ann. § 23-99-1407 Penalty
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A violation of this subchapter is a violation of § 23-99-804 and the Healthcare Contracting Simplification Act, § 23-99-1201 et seq.
Ark. Code Ann. § 23-99-1501 Title
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This subchapter shall be known and may be cited as the “Billing in the Best Interest of Patients Act”.
Ark. Code Ann. § 23-99-1502 Definitions
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(1) As used in this subchapter:(1) “Enrollee” means an individual who is entitled to receive healthcare services under the terms of a health benefit plan;(2) (A) “Health benefit plan” means an individual, blanket, or group plan, policy, or contract for healthcare services issued,…
Ark. Code Ann. § 23-99-1503 Determination of best interest for enrollee — Billing decision
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(a) A healthcare provider that provides healthcare services and prescribes prescription medication to an enrollee may make a determination that it is in the best interest of the enrollee to bill the enrollee's:(1) Healthcare payor; or(2) Pharmacy benefits carrier. (1) Healthcare …
Ark. Code Ann. § 23-99-1504 Rules
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The Insurance Commissioner shall develop and promulgate rules for the implementation and administration of this subchapter.
Ark. Code Ann. § 23-99-1601 Title
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This subchapter shall be known and may be cited as the “Electronic Access of Medical Records by Healthcare Payor Act”.
Ark. Code Ann. § 23-99-1602 Definitions
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(1) As used in this subchapter:(1) “Authorized designee” means an entity that is:(A) Designated by a healthcare payor to operate on its behalf; and(B) Authorized to access an enrollee's protected health information under the Health Insurance Portability and Accountability Act of …
Ark. Code Ann. § 23-99-1603 Electronic access to medical records sufficient
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(a) A healthcare provider that provides healthcare services to an enrollee may grant electronic access to the healthcare provider's medical records system to a healthcare payor or the healthcare payor's authorized designee:(1) To evaluate potential health care to be provided to a…
Ark. Code Ann. § 23-99-1701 Title
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This subchapter shall be known and may be cited as the “Transportation Benefit Manager Act”.
Ark. Code Ann. § 23-99-1702 Definitions
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(1) As used in this subchapter:(1) “Air ambulance” means an aircraft, fixed or rotary wing, utilized for on-scene responses or transports licensed by the Department of Health;(2) “Air ambulance services” means those services authorized and licensed by the department to provide ca…
Ark. Code Ann. § 23-99-1703 Contracts
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(a) An ambulance provider may contract directly or indirectly with a contracting entity as a network provider of ambulance services. (b) An ambulance provider shall not be required to participate as an in-network provider of a transportation benefit manager.
Ark. Code Ann. § 23-99-1704 Prior authorization
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(a) A contracting entity shall not require prior authorization for:(1) Ground or air prehospital transportation; or(2) Ground or air emergent or urgent ambulance transportation from one (1) hospital or medical facility to another hospital or medical facility in order to obtain me…
Ark. Code Ann. § 23-99-1705 Claims
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(a) A contracting entity shall pay a claim for ambulance services for which prior authorization was received regardless of the terminology used by the transportation benefit manager or health benefit plan within thirty (30) days of receipt of the claim from an ambulance provider,…
Ark. Code Ann. § 23-99-1706 Enforcement — Rules
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(a) A contracting entity is subject to the Trade Practices Act, § 23-66-201 et seq. (b) The expenses of implementing this subchapter shall not be used as justification to increase premiums or decrease payments to any ambulance provider or medical facility. (c) The Insurance Commi…
Ark. Code Ann. § 23-99-1801 Definitions
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(1) As used in this subchapter:(1) “Enrollee” means an individual who is entitled to receive healthcare services under the terms of a health benefit plan;(2) “Ground ambulance services” means services authorized and licensed by the Department of Health to provide care and transpo…
Ark. Code Ann. § 23-99-1802 Minimum allowable reimbursement for ground ambulance services
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(a) (1) The minimum allowable reimbursement rate under any health benefit plan issued by a healthcare insurer to a participating ground ambulance service provider or an out-of-network ground ambulance service provider shall be at the rates approved or contracted between the ambul…
Ark. Code Ann. § 23-99-1901 Definitions
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(1) As used in this subchapter:(1) “Crisis stabilization unit” means the same as defined in § 20-47-803;(2) (A) “Health benefit plan” means any individual, blanket, or group plan, policy, or contract for healthcare services issued or delivered by a healthcare insurer in this stat…
Ark. Code Ann. § 23-99-1902 Mental health crisis — Prior authorization or precertification for healthcare service prohibited
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A health benefit plan shall not require prior authorization or precertification for a healthcare service provided by a healthcare provider to an individual who is suffering a mental health crisis.
Ark. Code Ann. § 23-99-1903 Rules
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(a) Except as provided in subsection (b) of this section, the Insurance Commissioner may promulgate rules to implement this subchapter. (b) The State Board of Finance may promulgate rules to implement this subchapter that may apply to the State and Public School Life and Health I…
Ark. Code Ann. § 23-99-2001 Title
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This subchapter shall be known and may be cited as the “Arkansas Medical Audit Bill of Rights Act”.
Ark. Code Ann. § 23-99-2002 Definitions
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(1) As used in this subchapter:(1) “Audit” means an investigation or review of a claim submitted by a healthcare provider if the investigation or review:(A) Is conducted by an auditor; and(B) Involves records, documents, or information other than the filed claim;(2) “Auditor” mea…
Ark. Code Ann. § 23-99-2003 Arkansas Medical Audit Bill of Rights
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(a) Notwithstanding any other law, when an audit is conducted by an auditor, the audit shall be conducted according to the following bill of rights:(1) An auditor conducting the initial audit shall give the healthcare provider notice of the audit at least one (1) week before cond…
Ark. Code Ann. § 23-99-201 Short title
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This subchapter may be cited as the “Patient Protection Act of 1995”.
Ark. Code Ann. § 23-99-202 Legislative findings and intent
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The General Assembly finds that patients should be given the opportunity to see the healthcare provider of their choice. In order to assure the citizens of the State of Arkansas the right to choose the provider of their choice, it is the intent of the General Assembly to provide …
Ark. Code Ann. § 23-99-203 Definitions
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(a) (1) “Copayment” means a type of cost sharing whereby insured or covered persons pay a specified predetermined amount per unit of service or percentage of healthcare costs with their healthcare insurer paying the remainder of the charge.(2) The copayment is incurred at the tim…
Ark. Code Ann. § 23-99-204 Terms of health benefit plan
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(a) A healthcare insurer shall not, directly or indirectly:(1) (A) Impose a monetary advantage or penalty under a health benefit plan that would affect a beneficiary's choice among those healthcare providers who participate in the health benefit plan according to the terms offere…
Ark. Code Ann. § 23-99-205 Construction
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(a) Nothing in this subchapter shall be construed to require any healthcare insurer to cover any specific healthcare service. (b) Provided, however, no condition or measure shall have the effect of excluding any type or class of provider qualified under § 23-99-204(a)(3) to provi…
Ark. Code Ann. § 23-99-206 Violations
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It is a violation of this subchapter for any healthcare insurer or other person or entity to provide any health benefit plan providing for healthcare services to residents of this state that does not conform to this subchapter, but nothing in this subchapter shall constitute a vi…
Ark. Code Ann. § 23-99-207 Civil penalties
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To the extent permitted by the Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. § 1001 et seq., any provider adversely affected by a violation of this subchapter may sue in circuit court only for injunctive relief against the healthcare insurer, but not for …
Ark. Code Ann. § 23-99-208 Void provisions
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(a) To avoid impairment of existing contracts, this subchapter shall only apply to contracts issued or renewed after July 28, 1995. (b) Any provision in a health benefit plan which is executed, delivered, or renewed, or otherwise contracts for provision of services in this state …
Ark. Code Ann. § 23-99-209 Applicability
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The provisions of this subchapter shall not apply to self-funded or other health benefit plans that are exempt from state regulation by virtue of the Employee Retirement Income Security Act of 1974, as amended.
Ark. Code Ann. § 23-99-210 Healthcare provider — Adverse professional review action
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A healthcare insurer shall not exclude a physician as a participating healthcare provider in a health benefit plan based solely on an adverse professional review action, including those described in the Arkansas Peer Review Fairness Act, § 20-9-1301 et seq., unless a hospital's p…
Ark. Code Ann. § 23-99-2101 Definitions
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(a) As used in this subchapter:(1) “Contracting entity” means a healthcare insurer or a subcontractor, affiliate, or other entity that contracts directly or indirectly with a healthcare provider for the delivery of healthcare services to patients;(2) (A) “Drug” means a substance …
Ark. Code Ann. § 23-99-2102 Drug reimbursement process
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(a) (1) A contracting entity shall provide a reasonable administrative appeal procedure to allow a healthcare provider to challenge the reimbursement for a specific drug as being below the healthcare provider's drug acquisition cost.(2) The reasonable administrative appeal proced…
Ark. Code Ann. § 23-99-211 Pharmacy benefits manager network participation — Definitions
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(a) As used in this section:(1) “Pharmacist” means an individual licensed as a pharmacist by the Arkansas State Board of Pharmacy;(2) “Pharmacy” means the place licensed by the board in which drugs, chemicals, medicines, prescriptions, and poisons are compounded, dispensed, or so…
Ark. Code Ann. § 23-99-2201 Definitions
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(1) As used in this subchapter:(1) “Crisis stabilization unit” means the same as defined in § 20-47-803;(2) (A) “Health benefit plan” means any individual, blanket, or group plan, policy, or contract for healthcare services issued or delivered by a healthcare insurer in this stat…
Ark. Code Ann. § 23-99-2202 Behavioral or medical management utilization limitations, measures, or controls
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(a) Except as provided in subsection (b) of this section, a health benefit plan shall not impose or apply any behavioral or medical management utilization limitations, measures, or controls for healthcare services by a crisis stabilization unit unless the behavioral or medical ma…
Ark. Code Ann. § 23-99-2203 Prior authorization or precertification
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A health benefit plan shall not require prior authorization or precertification for a healthcare service provided by a crisis stabilization unit unless the healthcare service requires a prior authorization by rule of the Insurance Commissioner.
Ark. Code Ann. § 23-99-2204 Rules
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The Insurance Commissioner may promulgate rules to implement this subchapter.
Ark. Code Ann. § 23-99-2301 Title
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This subchapter shall be known and may be cited as the “Pharmacy Services Administrative Organization Act”.
Ark. Code Ann. § 23-99-2302 Definitions
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(1) As used in this subchapter:(1) (A) “Administrative services” means a service provided by a pharmacy services administrative organization.(B) “Administrative services” includes without limitation:(i) Assistance with a claim;(ii) Assistance with an audit;(iii) Assistance with a…
Ark. Code Ann. § 23-99-2303 Registration required
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(a) (1) A person or organization shall not establish or operate as a pharmacy services administrative organization in Arkansas for health benefit plans without obtaining a license from the Insurance Commissioner under this subchapter.(2) The commissioner shall prescribe the appli…