Title 23, Public Utilities and Regulated Industries

(a) The Administrator of the Risk Management Division shall have the authority to promulgate rules consistent with this subchapter. (b) All rules shall be subject to the approval of the Insurance Commissioner and conform with the requirements of the Arkansas Administrative Proced…

(a) At the request of any municipality, county, school district, or improvement district, the risk manager may give advice and assistance on the purchase of insurance coverage and other risk management techniques. (b) However, counties, municipalities, school districts, and impro…

State agencies shall report to the Administrator of the Risk Management Division information that the risk manager determines to be necessary to analyze and manage the risk of loss of state assets.

This subchapter shall be known as the “State Insurance Department Trust Fund Act”.

(a) There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund to be known as the “State Insurance Department Trust Fund”, to be used to:(1) Defray the expenses of the State Insurance Department in the disch…

(a) Notwithstanding § 26-57-602 and other provisions of Arkansas law, all licensed insurers, including without limitation all licensed stock and mutual insurance companies, health maintenance organizations, fraternal benefit societies, hospital and medical service corporations, s…

(a) (1) The Insurance Commissioner may grant any licensed insurer an extension for reporting and payment of the annual administrative and financial regulation fee for good cause shown upon the written application of the licensed insurer received at the State Insurance Department …

The Insurance Commissioner shall deposit all administrative and financial regulation fees and any penalties assessed under this subchapter directly into the State Insurance Department Trust Fund as special revenues.

(a) In addition to and notwithstanding all other current and future statutory fees, assessments, or penalties paid by licensees or registrants in connection with the issuance and renewal of their Arkansas licenses or registrations as required under the Arkansas Insurance Code or …

(a) (1) Notwithstanding other provisions of this subchapter and notwithstanding other provisions of the Arkansas Insurance Code or other applicable Arkansas laws, the Insurance Commissioner shall by companion rule to this subchapter prescribe the amount and manner of payment of n…

(a) The Insurance Commissioner shall be duly authorized to promulgate rules necessary to effectuate the purposes of this subchapter. (b) Upon his or her determination and finding that State Insurance Department appropriations or funding is insufficient to operate the department e…

(a) All fees, license fees, and additional or increased license or registration fees, fines, penalties, and revenues provided for in this subchapter received as special revenues for the State Insurance Department Trust Fund and deposited therein shall be deemed for all purposes r…

The fees assessed or imposed by this subchapter upon insurers, as defined or referenced in § 23-61-703, and the fees assessed or imposed in § 17-19-301 and §§ 23-61-706 — 23-61-709 upon professional bail bond companies, insurers, insurance agents, brokers, and other licensees or …

This subchapter shall be known and may be cited as the “Arkansas Health Insurance Marketplace Act”.

(1) As used in this subchapter:(1) “Federal act” means the federal healthcare laws established by Pub. L. No. 111-148, as amended by Pub. L. No. 111-152, and any amendments to or regulations or guidance issued under those statutes existing on April 23, 2013;(2) (A) “Health benefi…

(a) The Arkansas Health Insurance Marketplace is created as a division within the State Insurance Department. (b) The State Insurance Department shall plan and administer the Arkansas Health Insurance Marketplace and employ necessary staff. (c) The State Insurance Department shal…

(a) The Arkansas Health Insurance Marketplace shall:(1) Implement procedures and criteria for the certification, recertification, and decertification of health benefit plans as qualified health plans in compliance with state and federal law;(2) Provide for the operation of a toll…

(a) The General Assembly shall establish a reasonable initial assessment or user fee and reasonable increases or decreases in the amount of future assessments or user fees and penalties and interest charges for nonpayment of an assessment or user fee charged to participating heal…

(a) The Insurance Commissioner may promulgate rules to implement this subchapter. (b) Rules promulgated under this section shall not conflict with or prevent the application of regulations promulgated by the United States Secretary of Health and Human Services under the federal a…

(a) This subchapter is amendatory to the Arkansas Insurance Code. (b) Provisions of the Arkansas Insurance Code that are not in conflict with this subchapter are applicable to this subchapter. (c) This subchapter and actions taken by the Arkansas Health Insurance Marketplace unde…

This subchapter shall be known and may be cited as the “Arkansas Healthcare Transparency Initiative Act of 2015”.

(a) It is the intent of the General Assembly to create and maintain an informative source of healthcare information to support consumers, researchers, and policymakers in healthcare decisions within the state, including decisions by the State Insurance Department to regulate the …

(1) As used in this subchapter:(1) “Arkansas Healthcare Transparency Initiative” means an initiative to create a database, including ongoing all-payer claims database projects funded through the State Insurance Department, that receives and stores data from a submitting entity re…

(a) The Arkansas Healthcare Transparency Initiative is established with the purpose to create a database, including ongoing all-payer claims database projects funded through the State Insurance Department, that receives and stores data from a submitting entity relating to medical…

(a) (1) There is created the Arkansas Healthcare Transparency Initiative Board, which shall be composed of the following members:(A) A representative of the Department of Human Services;(B) A representative of the Department of Health;(C) A representative of the Office of Health …

(a) Except as provided in subsection (d) of this section, every quarter a submitting entity shall submit health and dental claims data, unique identifiers, and geographic and demographic information for covered individuals as permitted in this subchapter, nonclaims-based payments…

(a) Data in the Arkansas Healthcare Transparency Initiative shall:(1) To the extent authorized by the State Insurance Department, be available:(A) When disclosed in a form and manner that ensures the privacy and security of protected health information as required by state and fe…

(a) Except for state or federal agencies that are submitting entities, a submitting entity that fails to submit data as required by this subchapter or the rules of the State Insurance Department may be subject to a penalty. (b) The department shall adopt a schedule of penalties n…

(a) The Department of Health shall submit data collected under the State Health Data Clearinghouse Act, § 20-7-301 et seq., to the Arkansas Healthcare Transparency Initiative for integration into the Arkansas Healthcare Transparency Initiative database created under § 23-61-904. …

(a) The Department of Health shall submit data collected regarding hospital discharge and emergency department records for the uninsured, birth and death records, and disease registry data under the State Health Data Clearinghouse Act, § 20-7-301 et seq., § 20-15-201 et seq., and…

It is intended that certain insurance coverages may come within the definitions of two (2) or more kinds of insurance as defined in this subchapter and §§ 23-62-201, 23-62-202, 23-62-203, 23-62-204, 23-62-205, and 23-63-701, and the inclusion of the coverage within one (1) defini…

(a) As used in the Arkansas Insurance Code, unless the context otherwise requires, “life insurance” is insurance on human lives. (b) The transaction of life insurance includes also the granting of endowment benefits, benefits for expenses incurred in connection with death, additi…

(a) As used in the Arkansas Insurance Code, unless the context otherwise requires, “accident and health insurance” is insurance of human beings against bodily injury, disablement, or death by accident or accidental means or the expense thereof or against loss of income due to dis…

As used in the Arkansas Insurance Code, unless the context otherwise requires, “property insurance” is insurance on real or personal property of every kind and of every interest therein, whether on land, water, or in the air, against loss or damage from any and all hazard or caus…

(a) As used in the Arkansas Insurance Code, unless the context otherwise requires, “casualty insurance” includes:(1) Vehicle Insurance. Insurance against loss of or damage to any land vehicle or aircraft or any draft or riding animal or to property while contained therein or ther…

(1) As used in the Arkansas Insurance Code, unless the context otherwise requires, “surety insurance” includes:(1) Fidelity insurance, which is insurance guaranteeing the fidelity of persons holding positions of public or private trust;(2) Insurance guaranteeing the performance o…

(1) As used in the Arkansas Insurance Code, unless the context otherwise requires, “marine insurance” includes:(1) Insurance against any and all kinds of loss or damage to:(A) Vessels, craft, aircraft, cars, automobiles, and vehicles of every kind as well as all goods, freights, …

As used in the Arkansas Insurance Code, unless the context otherwise requires, “title insurance” is insurance of owners of property or others having an interest therein, or liens or encumbrances thereon, against loss by encumbrance, a defective or invalid title, adverse claim to …

(a) (1) As used in this section, the term “funding agreement” means an agreement which authorizes an admitted life insurer to accept funds and which provides for an accumulation of those funds for the purpose of making one (1) or more payments at future dates in amounts that are …

As used in the Arkansas Insurance Code, “mortgage guaranty insurance” means insurance that insures lenders against financial loss by reason of nonpayment of principal, interest, or other sums agreed to be paid under the terms of any note, bond, or other evidence of indebtedness s…

(a) As used in this subchapter, “employee benefit stop-loss insurance” means coverage that insures an employer or an employer-sponsored health plan against the risk that:(1) One (1) claim will exceed a specific dollar amount; or(2) The entire loss of a self-insurance plan will ex…

(a) The purpose of this section is to create a new line of insurance, known as “family leave insurance”, to allow an insurer licensed to transact accident and health or life insurance business in this state to issue an insurance policy covering the risk of family leave. (b) As us…

This subchapter shall not apply to insurance of wet marine and foreign trade insurance risks.

Any authorized insurer may accept reinsurance only of such risks, in this state, and retain risk thereon within such limits, as it is authorized to insure.

The Insurance Commissioner may adopt reasonable rules to implement the provisions of this subchapter.

(a) (1) Except as provided in subsection (b) of this section, no credit shall be allowed as an asset or a deduction from liability to any ceding insurer for reinsurance unless the reinsurance contract provides that in the event of the insolvency of the ceding insurer, the reinsur…