Title 23 — Public Utilities and Regulated Industries
95 chapters · 4,024 sections in this title.
Ark. Code Ann. § 23-75-115 Use of surplus
1.1K chars
(1) Any surplus in excess of all reserves established by the directors of the corporation and shown in the annual report of a corporation may be used by the corporation for the following purposes in the order of priority shown:(1) To liquidate on a pro rata basis any losses incur…
Ark. Code Ann. § 23-75-116 Nonliability
0.3K chars
No liability shall attach to any corporation holding a certificate of authority under this chapter by reason of the failure on the part of any hospital or physician to render service to any of its subscribers, nor for the negligence, malpractice, or other acts of hospitals or phy…
Ark. Code Ann. § 23-75-117 [Repealed.]
0.2K chars
A.C.A. § 23-75-117Current 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. § 23-75-118 Review of decisions
0.2K chars
All orders of the Insurance Commissioner made pursuant to this chapter shall be subject to the provisions of § 23-61-101 et seq. and § 23-61-201 et seq., including the right of hearing, rehearing, and appeal.
Ark. Code Ann. § 23-75-119 Premium tax
2.5K chars
(a) The officers of every foreign or alien corporation, and the officers of every domestic corporation, transacting business under this chapter shall, at the time of making its annual statement, file with the Insurance Commissioner a sworn statement of its net direct written prem…
Ark. Code Ann. § 23-75-120 Tax exemptions
0.6K chars
(a) Every corporation doing business pursuant to this chapter is declared to be a nonprofit and benevolent institution. (b) The corporations are exempt from state, county, district, municipal, and school tax, including the taxes prescribed by this code, and excepting only tax on …
Ark. Code Ann. § 23-75-121 Power to make donations for the public welfare
0.3K chars
Hospital and medical service corporations shall have power to make donations for the public welfare or for charitable, scientific, or educational purposes, subject to such limitations, if any, as may be contained in its articles of incorporation or any amendment thereto.
Ark. Code Ann. § 23-75-122 Conversion to legal reserve mutual life insurer
2.3K chars
(a) A hospital and medical service corporation, as defined in § 23-75-101, may be converted to a legal reserve mutual life insurer, as defined in § 23-69-102, under a plan or procedure which shall be approved by the order of the Insurance Commissioner. (b) The commissioner shall …
Ark. Code Ann. § 23-76-101 Purpose
0.9K chars
(a) The General Assembly determines that health maintenance organizations, when properly regulated, encourage methods of treatment and controls over the quality of care which effectively contain costs and provide for continuous health care by undertaking responsibility for the pr…
Ark. Code Ann. § 23-76-102 Definitions
4.1K chars
(1) As used in this chapter:(1) “Commissioner” means the Insurance Commissioner;(2) “Domestic corporation” means any corporation organized pursuant to the Arkansas Business Corporation Act, § 4-26-101 et seq., and the Arkansas Nonprofit Corporation Act, § 4-28-201 et seq.;(3) “En…
Ark. Code Ann. § 23-76-103 Applicability of Arkansas Insurance Code and laws concerning hospital and medical service corporations
2.5K chars
(a) (1) Except as otherwise provided in this chapter, provisions of the insurance law and provisions of hospital and medical service corporation laws shall not be applicable to any health maintenance organization granted a certificate of authority under this chapter.(2) Subdivisi…
Ark. Code Ann. § 23-76-104 Arkansas Insurance Code sections applicable to health maintenance organizations
8.6K chars
(a) Except to the extent that the Insurance Commissioner determines that the nature of health maintenance organizations, healthcare plans, and evidences of coverage render such sections clearly inappropriate, the following sections are applicable to health maintenance organizatio…
Ark. Code Ann. § 23-76-105 Penalties — Enforcement
4.5K chars
(a) In lieu of suspension or revocation of a certificate of authority under § 23-76-123, the Insurance Commissioner may levy an administration penalty in an amount not less than two hundred fifty dollars ($250), nor more than two thousand five hundred dollars ($2,500), if reasona…
Ark. Code Ann. § 23-76-106 License to practice, sell, or dispense required
0.4K chars
No person shall perform any of the services or procedures or sell or dispense any goods or devices in the field of the healing arts for which a license is required under the laws of the State of Arkansas unless the person holds a valid license authorizing him or her to perform th…
Ark. Code Ann. § 23-76-107 Establishment
13.3K chars
(a) (1) Any person that meets the requirements of § 23-76-102(9) may apply to the Insurance Commissioner for and obtain a certificate of authority to establish and operate a health maintenance organization.(2) No person shall establish or operate a health maintenance organization…
Ark. Code Ann. § 23-76-108 Issuance of certificate of authority
4.3K chars
(a) Upon receipt of an application for issuance of a certificate of authority, the Insurance Commissioner shall determine whether the applicant furnishes or proposes to furnish adequate and accessible healthcare services for its healthcare plans subject to the requirements or rul…
Ark. Code Ann. § 23-76-109 Powers — Definition
7.9K chars
(a) The powers of a health maintenance organization include, but are not limited to, the following:(1) The purchase, lease, construction, renovation, operation, or maintenance of hospitals, medical facilities, or both, and their ancillary equipment, and the property as may reason…
Ark. Code Ann. § 23-76-110 Advisory board
0.6K chars
(a) The advisory board of any health maintenance organization shall include at least one (1) physician, one (1) dentist, one (1) pharmacist, one (1) nurse, one (1) consumer, and one (1) enrollee. (b) The advisory board shall establish a mechanism to afford the enrollees an opport…
Ark. Code Ann. § 23-76-111 Fiduciary responsibilities of director, officer, or partner
0.8K chars
(a) Any director, officer, or partner of a health maintenance organization who receives, collects, disburses, or invests funds in connection with the activities of the health maintenance organization shall be responsible for the funds in a fiduciary relationship to the enrollees.…
Ark. Code Ann. § 23-76-112 Evidence of coverage and charges for healthcare services
14.8K chars
(a) (1) (A) Every enrollee residing in this state is entitled to evidence of coverage under a healthcare plan.(B) If the enrollee obtains coverage under a healthcare plan through an insurance policy or a contract issued by a hospital and medical service corporation, whether by op…
Ark. Code Ann. § 23-76-113 Annual report and quarterly report
8.2K chars
(a) A health maintenance organization shall annually on or before March 1 file a report verified by at least two (2) principal officers with the Insurance Commissioner covering the preceding calendar year. (b) (1) The report shall be on forms prescribed by the commissioner.(2) Fo…
Ark. Code Ann. § 23-76-114 Information to enrollees
1.4K chars
(a) A health maintenance organization shall make available to its subscribers a list of providers upon enrollment and re-enrollment. (b) Every health maintenance organization shall provide within thirty (30) days to its subscribers a notice of any material change in the operation…
Ark. Code Ann. § 23-76-115 Open enrollment
1.9K chars
(a) (1) After a health maintenance organization has been in operation twenty-four (24) months, it shall have an annual open enrollment period of at least one (1) month during which it accepts enrollees up to the limits of its capacity, as determined by the health maintenance orga…
Ark. Code Ann. § 23-76-116 Complaint system
2.8K chars
(a) (1) Every health maintenance organization shall establish and maintain a complaint system that has been approved by the Insurance Commissioner to provide reasonable procedures for the resolution of written complaints initiated by enrollees concerning healthcare services.(2) E…
Ark. Code Ann. § 23-76-117 Investments
0.4K chars
With the exception of investments made in accordance with § 23-76-109(a)(1) and (2) and § 23-76-109(b), the investable funds of a health maintenance organization shall be invested only in securities or other investments permitted by the laws of this state for the investment of as…
Ark. Code Ann. § 23-76-118 [Repealed.]
0.2K chars
A.C.A. § 23-76-118Current 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. § 23-76-119 Prohibited practices — Definition
10.9K chars
(a) No health maintenance organization, or representative thereof, may knowingly cause or knowingly permit the use of advertising that is untrue or misleading, solicitation that is untrue or misleading, or any form of evidence of coverage that is deceptive. For purposes of this c…
Ark. Code Ann. § 23-76-120 Regulation of agents — Definition
0.3K chars
(a) After notice and hearing, the Insurance Commissioner may promulgate such reasonable rules as are necessary to provide for the licensing of agents. (b) “Agent” means a person directly or indirectly associated with a healthcare plan who engages in solicitation or enrollment.
Ark. Code Ann. § 23-76-121 Powers of insurers and hospital and medical service corporations
1.9K chars
(a) An insurance company licensed in this state, or a hospital or medical service corporation authorized to do business in this state, may either directly, or through a subsidiary or affiliate, organize and operate a health maintenance organization under the provisions of this ch…
Ark. Code Ann. § 23-76-122 Examinations
3.1K chars
(a) The Insurance Commissioner may make an examination of the affairs of any health maintenance organization as often as he or she deems it necessary for the protection of the interests of the people of this state but not less frequently than one (1) time every five (5) years. (b…
Ark. Code Ann. § 23-76-123 Suspension or revocation of certificate of authority
6.3K chars
(a) The Insurance Commissioner may suspend or revoke any certificate of authority issued to a health maintenance organization under this chapter if the commissioner finds that any of the following conditions exist:(1) The health maintenance organization is operating in contravent…
Ark. Code Ann. § 23-76-124 Rehabilitation, liquidation, or conservation of health maintenance organization
0.7K chars
(a) Any rehabilitation, liquidation, or conservation of a health maintenance organization shall be deemed to be the rehabilitation, liquidation, or conservation of an insurance company and shall be conducted under the supervision of the Insurance Commissioner pursuant to the law …
Ark. Code Ann. § 23-76-125 Rules
0.3K chars
(a) After notice and hearing, the Insurance Commissioner may promulgate reasonable rules, not inconsistent with existing statutes of this state, as are necessary or proper to carry out the provisions of this chapter. (b) The rules shall be subject to review in accordance with § 2…
Ark. Code Ann. § 23-76-126 Administrative proceedings
2.2K chars
(a) (1) If the Insurance Commissioner has cause to believe that grounds for the suspension or revocation of a certificate of authority exist, the commissioner shall:(A) Notify the health maintenance organization in writing of the grounds for suspension or revocation of the certif…
Ark. Code Ann. § 23-76-127 Fees
1.1K chars
(1) A health maintenance organization subject to this chapter shall pay to the State Insurance Department Trust Fund as special revenues the following fees:(1) For filing and reviewing all documents necessary for issuance of an original certificate of authority, one thousand doll…
Ark. Code Ann. § 23-76-128 Applications, filings, and reports public
0.1K chars
All applications, filings, and reports required under this chapter shall be treated as public documents.
Ark. Code Ann. § 23-76-129 Medical information confidential — Exceptions
0.9K chars
(a) Any data or information pertaining to the diagnosis, treatment, or health of any enrollee or applicant obtained from the person or from any provider by any health maintenance organization shall be held in confidence and shall not be disclosed to any person except to the exten…
Ark. Code Ann. § 23-76-130 Insurance Commissioner's authority to contract
0.3K chars
(a) The Insurance Commissioner may contract with qualified persons to make recommendations concerning the adequacy, network adequacy, or accessibility of healthcare services under a healthcare plan furnished or proposed to be furnished by a health maintenance organization. (b) Th…
Ark. Code Ann. § 23-76-131 Tax on premiums and copayments
8.2K chars
(a) (1) (A) (i) Each health maintenance organization shall pay a tax on the premiums for coverages provided during the calendar year.(ii) The tax shall be paid on an annual basis and on a quarterly estimate basis as prescribed by the Insurance Commissioner and reconciled at the t…
Ark. Code Ann. § 23-76-132 College students
1.5K chars
(1) If a health maintenance organization requires the selection or assignment of a primary care physician, the health maintenance organization shall provide an enrollee who is a student enrolled at a postsecondary institution one (1) of the following options:(1) To select two (2)…
Ark. Code Ann. § 23-77-101 Definitions
10.1K chars
(1) As used in this chapter:(1) “Automobile club or association” means:(A) Any person, firm, association, copartnership, corporation, company, or other organization, which undertakes for consideration paid by or on behalf of its members to defray all or a part of the expenses of …
Ark. Code Ann. § 23-77-102 Exclusive authority of chapter
0.6K chars
(a) This chapter shall be deemed and held exclusive authority for the organization and operation of automobile clubs or associations within this state, and the automobile clubs or associations shall not be subject to any other laws respecting insurance companies of any class, kin…
Ark. Code Ann. § 23-77-103 Penalty
0.6K chars
(a) It shall be unlawful for any person, firm, association, copartnership, corporation, company, or other organization to organize, operate, or in any way solicit members for an automobile club or association or offer any of the motor club services as defined in § 23-77-101, exce…
Ark. Code Ann. § 23-77-104 Automobile clubs or associations under authority, supervision, and control of Insurance Commissioner
0.2K chars
All automobile clubs or associations organized and operating in the State of Arkansas shall be under the authority, supervision, and control of the Insurance Commissioner.
Ark. Code Ann. § 23-77-105 Authority of Insurance Commissioner to grant certificates of authority and conduct hearings
1.9K chars
(a) (1) The Insurance Commissioner shall have full and complete authority to grant certificates of authority to automobile clubs or associations, to revoke the certificates, and to prescribe such rules as are reasonably necessary for the conduct of the business of the automobile …
Ark. Code Ann. § 23-77-106 Certificate of authority required — Application and issuance
11.9K chars
(a) Every automobile club or association desiring to commence operations within the state shall file, prior to the commencement of operations, applications with and receive a certificate of authority from the Insurance Commissioner. (b) (1) No foreign or alien automobile club or …
Ark. Code Ann. § 23-77-107 Certificate of authority — Suspension and revocation
1.7K chars
(a) The Insurance Commissioner shall suspend or revoke the certificate of authority of an automobile club or association:(1) If the action is required by any provision of this section or § 23-77-101, § 23-77-106, or § 23-77-108;(2) If the automobile club or association no longer …
Ark. Code Ann. § 23-77-108 Agent or representative license required — Application and issuance
0.8K chars
(a) Before any agent or representative shall or may represent any automobile club or association in this state, he or she shall first apply to the Insurance Commissioner for a license, and the commissioner shall have full power and authority to issue the license upon proof satisf…
Ark. Code Ann. § 23-77-109 Annual reports and other information
1.1K chars
(a) (1) Each licensed automobile club or association shall annually on or before June 1, or within any extension of time the Insurance Commissioner for good cause may have granted, file with the commissioner a full and true statement of its financial condition, transactions, and …
Ark. Code Ann. § 23-78-101 Definitions
5.0K chars
(1) As used in this chapter:(1) “Association” or “burial association” means:(A) Any person, firm, association, copartnership, corporation, company, or other organization which, from and after February 18, 1953:(i) Undertakes for consideration paid by or on behalf of its members t…