Title 23 — Public Utilities and Regulated Industries
95 chapters · 4,024 sections in this title.
Ark. Code Ann. § 23-78-102 Applicability
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(a) (1) All burial associations organized or operating in the State of Arkansas as of February 18, 1953, shall be deemed in all respects to be organized or operating exclusively under the provisions of this chapter, and to have authority from the State Board of Embalmers, Funeral…
Ark. Code Ann. § 23-78-103 Chapter exclusive authority
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(a) This chapter shall be deemed and held exclusive authority for the organization and operation of burial associations within this state, and the associations shall not be subject to any other laws respecting insurance companies of any class, kind, or character. (b) However, thi…
Ark. Code Ann. § 23-78-104 Penalty
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(a) A person, firm, association, copartnership, corporation, company, or other organization shall not organize, operate, or in any way solicit members for a burial association, or for participation in any plan, scheme, or device similar to burial associations, except in the manne…
Ark. Code Ann. § 23-78-105 [Repealed.]
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A.C.A. § 23-78-105Current 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. § 23-78-106 [Repealed.]
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A.C.A. § 23-78-106Current 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. § 23-78-107 [Repealed.]
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A.C.A. § 23-78-107Current 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. § 23-78-108 [Repealed.]
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A.C.A. § 23-78-108Current 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. § 23-78-109 Burial associations under authority, supervision, and control of board
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All burial associations organized or operating in the State of Arkansas are under the authority, supervision, and control of the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services.
Ark. Code Ann. § 23-78-110 Certificate of authority
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(a) Applications for a certificate of authority shall be on forms furnished by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services, and a burial association shall not begin operation until the application has been approved and the certificate of autho…
Ark. Code Ann. § 23-78-111 Fees — Oath at payment
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(a) (1) In order to meet the expense of supervision and of carrying out the other provisions of this chapter, the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services may set license fees for burial associations subject to its jurisdiction as set forth in …
Ark. Code Ann. § 23-78-112 Certificate for benefits — Issuance
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(a) No burial association shall issue a certificate for benefits for any member in excess of two thousand five hundred dollars ($2,500), and no certificate shall provide for free service, merchandise, or supplies in addition to the amount of benefits set forth in the certificate.…
Ark. Code Ann. § 23-78-113 Agent's license required
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(a) Before an agent or representative represents a burial association in this state, the agent or representative shall first apply to the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services for a license. (b) (1) The board shall have full power and author…
Ark. Code Ann. § 23-78-114 False claim, promise, or representation of agent
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Any burial association official or agent or any representative of a burial association who for the purpose of inducing a member of one (1) association to change membership to another association shall make any false claim, promise, or representation not authorized in the bylaws o…
Ark. Code Ann. § 23-78-115 Rules and bylaws
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All burial associations shall have and maintain rules and bylaws in such form and with such contents as prescribed by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services.
Ark. Code Ann. § 23-78-116 Membership dues and assessments
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(a) From and after February 18, 1953, a burial association organized or operating in this state shall not issue a certificate providing benefits for a member for an assessment or membership dues less than the minimum assessment or minimum dues prescribed for the benefits by the S…
Ark. Code Ann. § 23-78-117 Books, records, accounts, and documents — Inspection and audit
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(a) The books, records, accounts, and documents of all burial associations organized or operating in this state shall at all times be open for inspection, examination, and audit by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services, its agents and em…
Ark. Code Ann. § 23-78-118 Books — False entries prohibited
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A person or burial association official who knowingly makes or allows to be made a false entry on the books of the association with intent to deceive or defraud a member of the association or with intent to conceal the true condition of the association from the State Board of Emb…
Ark. Code Ann. § 23-78-119 Records — Failure to maintain
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(a) A burial association secretary or secretary-treasurer who fails to maintain records to the minimum standards required by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services shall be removed by the board from office and another elected by the assoc…
Ark. Code Ann. § 23-78-120 Annual reports
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(a) (1) Using forms provided by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services, each burial association or society licensed in this state shall file an annual report showing the actual financial condition of the burial association or society as o…
Ark. Code Ann. § 23-78-121 Rules
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(a) The State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services shall make and promulgate reasonable rules for the administration of this chapter and for the purpose of carrying out the intent of this chapter. (b) The rules promulgated under subsection (a) of…
Ark. Code Ann. § 23-78-122 Disposition of collections
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(a) (1) (A) Seventy-five percent (75%) of the collections of any burial association or society shall be solely for the payment of benefits provided by membership certificates and shall not be used for the payment of operating expenses.(B) The annual license fee shall not be consi…
Ark. Code Ann. § 23-78-123 Disposition of fees and charges
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(a) (1) All fees and charges collected by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services under this chapter shall be deposited into a cash fund deposited to the State Treasury.(2) The board is empowered to expend the funds for the requirements, p…
Ark. Code Ann. § 23-78-124 Revocation of certificate, license, charter, etc. — Hearing
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(a) Before revoking a certificate of authority or license granted under this chapter or any charter or other authority granted to a burial association under any law effective before February 18, 1953, the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Service…
Ark. Code Ann. § 23-78-125 Revocation of certificate, license, charter, etc. — Appeal
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(a) Upon the revocation of a certificate of authority, charter, or other authority by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services under any of the provisions of this chapter, the association or person whose certificate of authority, charter, l…
Ark. Code Ann. § 23-78-126 Plan for excess financial resources — Approval required
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(a) A burial association that has excess financial resources, as determined by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services, may request that the board approve a plan to pay death benefits in excess of the face value of certificates of benefits…
Ark. Code Ann. § 23-79-1001 Findings and purpose
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(a) The General Assembly finds that:(1) Many Arkansans have no health insurance;(2) Increasing the number of persons with health insurance will improve the overall health of the people of the state; and(3) The United States Department of Health and Human Services created the Heal…
Ark. Code Ann. § 23-79-1002 Medicaid demonstration initiative
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(a) Subject to obtaining all necessary federal approvals, including approval of a demonstration waiver under section 1115 of the Social Security Act as in effect January 1, 2003, the Department of Human Services may administer the Health Insurance Flexibility and Accountability d…
Ark. Code Ann. § 23-79-1003 Arkansas Safety-net Benefit Program
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(a) (1) There is created the Arkansas Safety-net Benefit Program.(2) Employer participation in the program shall be voluntary. (1) There is created the Arkansas Safety-net Benefit Program. (2) Employer participation in the program shall be voluntary. (b) Employers electing to par…
Ark. Code Ann. § 23-79-1004 Arkansas Safety-net Benefit Fund
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(a) (1) There is created the Arkansas Safety-net Benefit Fund.(2) The fund shall be administered by the Department of Finance and Administration. (1) There is created the Arkansas Safety-net Benefit Fund. (2) The fund shall be administered by the Department of Finance and Adminis…
Ark. Code Ann. § 23-79-1005 Department of Human Services — Powers and duties
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(a) The Department of Human Services shall promulgate rules to implement this subchapter. (b) The Department of Human Services shall administer the Arkansas Safety-net Benefit Program and the Arkansas Safety-net Benefit Fund. (c) The Department of Human Services shall:(1) Prepare…
Ark. Code Ann. § 23-79-101 Definitions
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(1) As used in this chapter:(1) “Excepted benefits” means benefits under one (1) or more, or any combination thereof, of the following:(A) Benefits not subject to requirements, including without limitation:(i) Coverage only for accident or disability income insurance, or any comb…
Ark. Code Ann. § 23-79-102 Scope
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(1) Sections 23-79-101, 23-79-103 — 23-79-107, 23-79-109 — 23-79-128, 23-79-131 — 23-79-134, 23-79-162, and 23-79-202 — 23-79-210 do not apply to:(1) Reinsurance;(2) (A) Policies or contracts not issued for delivery in this state nor delivered in this state, except:(i) On subject…
Ark. Code Ann. § 23-79-103 Insurable interest — Personal insurance
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(a) (1) Any individual of competent legal capacity may procure or effect an insurance contract upon his or her own life or body for the benefit of any person.(2) However, no person shall procure or cause to be procured any insurance contract upon the life or body of another indiv…
Ark. Code Ann. § 23-79-104 Insurable interest — Property
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(a) No contract of insurance of property or of any interest in property or arising from property shall be enforceable as to the insurance except for the benefit of persons having an insurable interest in the things insured at the time of the effectuation of the insurance and at t…
Ark. Code Ann. § 23-79-105 Application required — Life and accident and health insurance
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(1) No life or accident and health insurance contract upon an individual, except a contract of group life insurance or of group or blanket accident and health insurance, shall be made or effectuated unless at the time of the making of the contract the individual insured, being of…
Ark. Code Ann. § 23-79-106 Application — Use as evidence — Alteration
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(a) No application for the issuance of any life or accident and health insurance policy or annuity contract shall be admissible in evidence in any action relative to the policy or contract unless a true copy of those portions of the application signed by the applicant was attache…
Ark. Code Ann. § 23-79-107 Application — Statements as representations
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(a) A statement in an application or in negotiations for a life or accident and health insurance policy or annuity contract by or in behalf of the insured or annuitant are representations and not warranties. Misrepresentations, omissions, concealment of facts, and incorrect state…
Ark. Code Ann. § 23-79-108 Return of premium to rejected applicant
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After an insurer rejects or declines to issue a life or accident and health insurance policy, the insurer shall return the premium to the applicant within a reasonable period of time.
Ark. Code Ann. § 23-79-109 Filing and approval of forms — Definitions
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(a) (1) (A) (i) No basic insurance policy, or annuity contract form, or application form when written application is required and is to be made a part of the policy or contract, or printed rider or endorsement form or form of renewal certificate, shall be issued, delivered, or us…
Ark. Code Ann. § 23-79-110 Forms and premium rates — Grounds for disapproval — Definitions
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(a) The Insurance Commissioner shall disapprove a form filed under § 23-79-109, or withdraw a previous approval, only if the form:(1) Violates or does not comply with state law;(2) Contains or incorporates by reference, when the incorporation is otherwise permissible, an inconsis…
Ark. Code Ann. § 23-79-1101 Title
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This subchapter shall be known and may be cited as the “Equity in Prescription Insurance and Contraceptive Coverage Act”.
Ark. Code Ann. § 23-79-1102 Definitions
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(1) As used in this subchapter:(1) (A) “Health benefit policy” means an individual or group plan, policy, or contract for healthcare services issued, delivered, issued for delivery, or renewed in this state, including those contracts executed by the State of Arkansas on behalf of…
Ark. Code Ann. § 23-79-1103 Parity for contraceptives
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(a) Every health benefit policy that is delivered, issued, executed, or renewed in this state or approved for issuance or renewal in this state by the Insurance Commissioner on or after August 12, 2005, that provides coverage for prescription drugs on an outpatient basis shall pr…
Ark. Code Ann. § 23-79-1104 Extraordinary surcharges prohibited
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(a) No insurer shall impose upon any person receiving prescription contraceptive benefits pursuant to this subchapter any:(1) Copayment, coinsurance payment, or fee that is not equally imposed upon all individuals in the same benefit category, class, coinsurance level, or copayme…
Ark. Code Ann. § 23-79-111 Standard provisions
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(a) Insurance contracts shall contain such standard or uniform provisions as are required by the applicable provisions of this code pertaining to contracts of particular kinds of insurance. The Insurance Commissioner may waive the required use of a particular provision in a parti…
Ark. Code Ann. § 23-79-112 Contents
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(a) The written instrument in which a contract of insurance is set forth is the policy. (b) Every policy shall specify:(1) The names of the parties to the contract;(2) The subject of the insurance;(3) The risks insured against;(4) The time when the insurance thereunder takes effe…
Ark. Code Ann. § 23-79-113 Charter or bylaw provisions excluded — Exception
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(a) No policy shall contain any provision purporting to make any portion of the charter, bylaws, or other constituent document of the insurer, other than the subscribers' agreement or power of attorney of a reciprocal insurer, a part of the contract unless the portion is set fort…
Ark. Code Ann. § 23-79-114 Entitlement notwithstanding policy provisions — Health services performed by professionals not licensed under Arkansas Medical Practices Act
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(a) (1) Notwithstanding any provision of any individual or group policy of accident and health insurance or any provision of a policy, contract, plan, or agreement for hospital or medical service or indemnity, in cases in which the policy, contract, plan, or agreement provides fo…
Ark. Code Ann. § 23-79-115 Entitlement notwithstanding policy provisions — Services performed by outpatient centers
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(a) (1) Notwithstanding any provisions of any individual or group accident and health insurance policy, or any provision of a policy, contract, plan, or agreement covering hospital or medical services, in cases in which the policy, contract, plan, or agreement provides for paymen…
Ark. Code Ann. § 23-79-116 Execution
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(a) Every insurance policy shall be executed in the name of and on behalf of the insurer by its officer, attorney-in-fact, employee, or representative authorized by the insurer. (b) A facsimile signature of any executing individual may be used in lieu of an original signature. (c…