Title 23 — Public Utilities and Regulated Industries
95 chapters · 4,024 sections in this title.
Ark. Code Ann. § 23-79-117 Underwriters' and combination policies
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(a) (1) Two (2) or more authorized insurers may jointly issue and shall be jointly and severally liable on an underwriters' policy bearing their names.(2) Any one (1) insurer may issue policies in the name of an underwriter's department, and the policy shall plainly show the true…
Ark. Code Ann. § 23-79-118 Noncomplying forms
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An insurance policy, rider, or endorsement issued and otherwise valid that contains any condition or provision not in compliance with state law is not rendered invalid but shall be construed and applied according to the conditions and provisions that would have applied had the po…
Ark. Code Ann. § 23-79-119 Construction of policies
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(a) Every insurance contract shall be construed according to the entirety of its terms and conditions as set forth in the policy and as amplified, extended, or modified by any rider, endorsement, or application made a part of the policy. (b) All insurance contracts that are issue…
Ark. Code Ann. § 23-79-120 Binders
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(a) Binders or other contracts for temporary insurance may be made orally or in writing and shall be deemed to include all the usual terms of the policy as to which the binder was given together with such applicable endorsements as are designated in the binder, except as supersed…
Ark. Code Ann. § 23-79-1201 Definitions
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(1) As used in this subchapter:(1) “Covered person” means a person who is and continues to remain eligible for coverage under a healthcare policy and is covered under a healthcare policy;(2) “Follow-up colonoscopy” means a colonoscopy that is performed as a follow-up to a colorec…
Ark. Code Ann. § 23-79-1202 Coverage — Applicability
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(a) A healthcare policy subject to this subchapter executed, delivered, issued for delivery, continued, or renewed in this state on or after August 1, 2005, shall include colorectal cancer examinations and laboratory tests within the healthcare policy's coverage. (b) The coverage…
Ark. Code Ann. § 23-79-1203 Certain activities not prohibited
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(a) This subchapter does not prohibit the issuance of policies that provide benefits greater than those required by § 23-79-1202 or more favorable to the insured than those required by § 23-79-1202. (b) This subchapter does not prohibit the payment of different levels of benefits…
Ark. Code Ann. § 23-79-1204 Exclusions and reductions — Benefits subject to annual deductible and coinsurance
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(a) Except as provided in subsection (b) of this section and § 23-79-1207, the coverage offered under § 23-79-1202 may contain any exclusions, reductions, or other limitations approved by the Insurance Commissioner concerning coverages, deductibles, or coinsurance provisions. (b)…
Ark. Code Ann. § 23-79-1205 Coverage by participating providers — Selection criteria and utilization protocols — Maximum benefits — Exclusions
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(a) (1) This subchapter does not require and shall not be construed to require the coverage of services by providers who are not designated as covered providers or that are not selected as a participating provider by a group health benefit plan or insurer having a participating n…
Ark. Code Ann. § 23-79-1206 Additional benefit costs
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The issuer of a healthcare policy shall conform its policies, contracts, or certificates issued on or after August 1, 2005, and may adjust its premium cost to reflect the additional benefit cost.
Ark. Code Ann. § 23-79-1207 Cost-sharing
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(a) To encourage colorectal cancer screenings, patients and healthcare providers shall not be required to meet burdensome criteria or overcome significant obstacles to obtain coverage. (b) (1) An individual shall not be required to pay an additional deductible or coinsurance for …
Ark. Code Ann. § 23-79-1208 Referrals to participating providers
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A healthcare policy is not required to provide a referral under this subchapter to a nonparticipating healthcare provider unless the plan or carrier does not have a participating healthcare provider that is available and accessible to administer the screening, examination, or tre…
Ark. Code Ann. § 23-79-1209 Payment of nonparticipating providers
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If a healthcare policy refers an individual under this subchapter to a nonparticipating healthcare provider, then services provided under the approved screening exam or resulting treatment, if any, shall be provided at no additional cost to the individual beyond what the individu…
Ark. Code Ann. § 23-79-121 Delivery of policy
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(a) (1) Subject to the insurer's requirements as to payment of premium, every policy shall be mailed or delivered to the insured or to the person entitled to receive it, within a reasonable period of time after its issuance, except when a condition required by the insurer has not…
Ark. Code Ann. § 23-79-122 Negotiability of premium notes
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(a) (1) No note given for premiums on insurance in this state shall be negotiated until the policy for which the note was given has been issued and delivered to the maker of the note, and all notes so given shall state the purpose for which the note was given.(2) However, this su…
Ark. Code Ann. § 23-79-123 Renewal by certificate
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(a) (1) Any insurance policy terminating by its terms at a specified expiration date and not otherwise renewable may be renewed or extended at the option of the insurer upon a currently authorized policy form and at the premium rate then required for that type of policy, for a sp…
Ark. Code Ann. § 23-79-124 Assignment
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(a) A policy may be assignable or not assignable, as provided by its terms. (b) Subject to its terms relating to assignability, any life or accident and health policy, under the terms of which the beneficiary may be changed upon the sole request of the insured, may be assigned, e…
Ark. Code Ann. § 23-79-125 Payment by insurer — Discharge
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(a) Whenever the proceeds of or payments under a life or accident and health insurance policy or annuity contract become payable in accordance with the terms of the policy or contract, or the exercise of any right or privilege thereunder, and the insurer makes payment of the amou…
Ark. Code Ann. § 23-79-126 Forms for proof of loss
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(a) An insurer shall furnish to any person claiming to have a loss under an insurance contract issued by the insurer forms of proof of loss for completion by the person, within twenty (20) days after a loss has been reported to the insurer, but the insurer shall not, by reason of…
Ark. Code Ann. § 23-79-127 Claims administration by insurer not waiver
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(1) Without limitation of any right or defense of an insurer otherwise, none of the following acts by or on behalf of an insurer shall be deemed to constitute a waiver of any provision of a policy or of any defense of the insurer thereunder:(1) Acknowledgment of the receipt of no…
Ark. Code Ann. § 23-79-128 Right to insure spouse's life
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(a) (1) It shall be lawful for any married woman, by herself and in her name, or in the name of any third person, with his or her assent as her trustee, to cause to be insured, for her sole use, the life of her spouse for any definite period or for the term of his natural life.(2…
Ark. Code Ann. § 23-79-129 Coverage of newborn infants
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(a) (1) Every accident and health insurance policy, contract, certificate, or healthcare plan sold, delivered, issued, or offered for sale, issue, or delivery in this state, other than coverage limited to expenses from accidents or specified diseases, whether an individual or gro…
Ark. Code Ann. § 23-79-130 Impairment of speech or hearing
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(a) Every accident and health insurer, hospital or medical service corporation, or health maintenance organization transacting accident and health insurance or providing health coverage in the State of Arkansas, which delivers or issues for delivery or renews, extends, or modifie…
Ark. Code Ann. § 23-79-1301 Findings
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(1) The General Assembly finds that:(1) Prostate cancer is the second leading cause of cancer in men;(2) In Arkansas, more men die from prostate cancer than women die of breast cancer, the tenth-highest death rate in the nation;(3) Even though the death rate for prostate cancer h…
Ark. Code Ann. § 23-79-1302 Definitions
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(1) As used in this subchapter:(1) (A) “Health benefit plan” means an individual, blanket, or group plan, policy, or contract for healthcare services issued or delivered by an insurer, health maintenance organization, hospital medical service corporation, or self-insured governme…
Ark. Code Ann. § 23-79-1303 Coverage for prostate cancer screening required
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(a) (1) A health benefit plan that is offered, issued, or renewed in this state on or after January 1, 2010, and that provides coverage to men forty (40) years of age or older in this state shall provide coverage for screening for the early detection of prostate cancer in men for…
Ark. Code Ann. § 23-79-131 Exemption of proceeds — Life insurance — Definition
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(a) (1) (A) If a policy of insurance is effected by any person on his or her own life or on another life in favor of a person other than himself or herself or, except in cases of transfer with intent to defraud creditors, if a policy of life insurance is assigned or in any way ma…
Ark. Code Ann. § 23-79-132 Exemption of proceeds — Group life
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(a) (1) A policy of group life insurance or the proceeds thereof payable to the individual insured or to the beneficiary thereunder shall not be liable, either before or after payment, to be applied by any legal or equitable process to pay any debt or liability of the insured ind…
Ark. Code Ann. § 23-79-133 Exemption of proceeds — Accident and health insurance
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The proceeds or avails of all contracts of accident and health insurance and of provisions providing benefits on account of the insured's disability that are supplemental to life insurance or annuity contracts shall be exempt from all liability for any debt of the insured and fro…
Ark. Code Ann. § 23-79-134 Exemption of proceeds — Annuity contracts — Assignability of rights
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(a) Benefits, rights, privileges, and options under any annuity or variable annuity contract, which are due or prospectively due the annuitant, shall not be subject to execution, attachment, or garnishment, nor shall the annuitant be compelled to exercise the rights, powers, or o…
Ark. Code Ann. § 23-79-135 Prompt payment of certain claims required
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In any case in which an insured under any hospital, medical, or surgical policy or plan, or any accident policy, becomes entitled to benefits thereunder in an amount of three hundred dollars ($300) or less and the company, association, or organization, except governmental or nonp…
Ark. Code Ann. § 23-79-136 Agreement for insurer to invest premium prohibited
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(a) It is unlawful for any insurance company authorized to do business in this state to issue or offer for sale or issue in this state any policy of insurance under which the insurer agrees to invest a portion of the policy premium, whether for one (1) or more years, and hold a p…
Ark. Code Ann. § 23-79-137 Coverage for adopted minors
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(a) Every accident and health insurance policy, self-insured health plan, hospital and medical service contract, contract, certificate, or healthcare plan sold, delivered, issued, or offered for sale, issue, or delivery in this state, whether an individual or group policy, contra…
Ark. Code Ann. § 23-79-138 Information to accompany policies
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(a) The following information shall accompany every policy of life insurance, accident and health insurance, property insurance, casualty insurance, or title insurance issued and covering risks located, resident, or to be performed in the State of Arkansas:(1) The complete addres…
Ark. Code Ann. § 23-79-139 Benefits for alcohol or drug dependency treatment — Definition
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(a) (1) Every insurer, hospital and medical service corporation, and health maintenance organization transacting accident and health insurance in this state shall offer and make available under all group policies, contracts, and plans providing hospital and medical coverage on an…
Ark. Code Ann. § 23-79-140 Coverage for mammograms and breast ultrasounds — Definitions
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(a) As used in this section:(1) “Breast magnetic resonance imaging” means a diagnostic tool that uses a powerful magnetic field, radio waves, and a computer to produce detailed pictures of the structures within the breast;(2) “Breast ultrasound” means a noninvasive, diagnostic im…
Ark. Code Ann. § 23-79-1401 Definitions
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(1) As used in this subchapter:(1) (A) “Health benefit plan” means an individual, blanket, or group plan, policy, or contract for healthcare services issued or delivered by a healthcare insurer in this state.(B) “Health benefit plan” includes:(i) Indemnity and managed care plans;…
Ark. Code Ann. § 23-79-1402 Coverage for hearing aids required
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(a) A health benefit plan that is offered, issued, or renewed in this state shall offer coverage for a hearing aid or hearing instrument sold on or after January 1, 2010, by a professional licensed by the state to dispense a hearing aid or hearing instrument. (b) The coverage off…
Ark. Code Ann. § 23-79-1403 Rules
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The State Insurance Department shall develop and promulgate rules for the implementation and administration of this subchapter.
Ark. Code Ann. § 23-79-141 Children's Preventive Health Care Act
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(a) Title. This section shall be known and may be cited as the “Children's Preventive Health Care Act”. (b) Declaration of Purposes. The purpose of this section is to assure that all children eighteen (18) years of age and younger are provided with insurance coverage for preventi…
Ark. Code Ann. § 23-79-142 Payment for services of psychological examiners
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Every insurer or hospital and medical service corporation that issues a group accident and health insurance policy, contract, or agreement in this state that provides for mental health coverage shall offer coverage for the payment of services rendered by psychological examiners. …
Ark. Code Ann. § 23-79-143 [Repealed.]
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A.C.A. § 23-79-143Current 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. § 23-79-144 Minor children — Certain provisions denying or restricting coverage void
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(a) (1) No contract of individual or group healthcare coverage sold, delivered, issued for delivery, renewed, or offered for sale in this state by any insurer, health maintenance organization, self-funded group, multiple-employer welfare arrangement, or hospital or medical servic…
Ark. Code Ann. § 23-79-145 [Repealed.]
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A.C.A. § 23-79-145Current 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. § 23-79-146 Subrogation recovery
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(a) (1) Any casualty insurer, accident and health insurer, health maintenance organization, self-funded group, multiple-employer welfare arrangement, or hospital or medical services corporation that issues, delivers, or renews a contract of accident and health insurance or indivi…
Ark. Code Ann. § 23-79-147 Prescription medication — Definitions
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(a) As used in this section:(1) “Commissioner” means the Insurance Commissioner of the State Insurance Department;(2) “Insurance policy” means any individual, group, or blanket policy, contract, or evidence of coverage written, issued, amended, delivered, or renewed in this state…
Ark. Code Ann. § 23-79-148 Medical transportation services
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(a) (1) Every insurance policy, other than a policy excluded pursuant to subsection (d) of this section, that provides specific coverage exclusively for medical transportation services, that is sold, delivered, issued for delivery, renewed, or offered for sale in this state by an…
Ark. Code Ann. § 23-79-149 Prescription drug benefits
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(a) As used in this section, “insurance policy” means any individual, group, or blanket policy, contract, or evidence of coverage written, issued, amended, delivered, or renewed in this state, or which provides such insurance for residents of this state, by an insurance company, …
Ark. Code Ann. § 23-79-150 Healthcare plan — Health carrier — Definitions
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(a) (1) (A) “Healthcare plan” means any individual, blanket, or group plan, policy, or contract for healthcare services issued or delivered by a carrier in this state, including indemnity and managed care plans.(B) “Healthcare plan” does not mean a plan that provides coverage onl…
Ark. Code Ann. § 23-79-1501 Definitions
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(1) As used in this subchapter:(1) “Craniofacial anomaly” means the abnormal development of the skull and face;(2) (A) “Health benefit plan” means an individual, blanket, or any group plan, policy, or contract for healthcare services issued or delivered in this state by a healthc…