Title 23 — Public Utilities and Regulated Industries
95 chapters · 4,024 sections in this title.
Ark. Code Ann. § 23-79-1502 Craniofacial anomaly — Coverage for reconstructive surgery required
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(a) (1) A health benefit plan that is offered, issued, provided, or renewed in this state shall include coverage and benefits for reconstructive surgery and related medical care for a person of any age who is diagnosed as having a craniofacial anomaly if the surgery and treatment…
Ark. Code Ann. § 23-79-1503 Rules — Report
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(a) The State Insurance Department shall develop and promulgate rules for the implementation and administration of this subchapter. (b) The State Board of Finance shall follow the rules promulgated by the department for administration of this subchapter for the plans providing he…
Ark. Code Ann. § 23-79-1504 Title
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This subchapter shall be known and may be cited as “Wendelyn's Craniofacial Law — Craniofacial Coverage”.
Ark. Code Ann. § 23-79-151 Liability insurance — Notice requirements prior to expiration of policy
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(a) (1) When an insurer writing workers' compensation insurance, employers' liability insurance, or professional liability insurance, including, but not limited to, medical malpractice insurance, revises its rates or rules and the revision results in a premium increase equal to o…
Ark. Code Ann. § 23-79-152 Cancellation, increase in premium, and negative risk rating prohibited when insured not at fault
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(a) Except as provided in subsection (c) of this section, when a person is innocent of any negligent or intentional act that was the proximate cause of an accident or injury whether or not a claim is filed under any policy or contract of insurance, no insurer authorized to transa…
Ark. Code Ann. § 23-79-153 Health insurance — Closing a block of business
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(a) As used in this section:(1) “Block of business” means a particular policy form or contract other than a group policy form or contract providing health insurance coverage that includes distinct benefits, services, and terms individually underwritten and issued by a carrier to …
Ark. Code Ann. § 23-79-154 Reimbursement for physician assistant services
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(a) As used in this section, “health plan” means any group, blanket, or individual accident and health insurance policy, contract, or plan issued in this state by an insurance company, a hospital medical service corporation, or a health maintenance organization, provided that not…
Ark. Code Ann. § 23-79-155 Commercial general liability insurance
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(a) A commercial general liability insurance policy offered for sale in this state shall contain a definition of “occurrence” that includes:(1) Accidents, including continuous or repeated exposure to substantially the same general harmful conditions; and(2) Property damage or bod…
Ark. Code Ann. § 23-79-156 Health insurance exchange — Coverage of abortions prohibited — Definitions — Findings
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(a) As used in this section:(1) “Abortion” means the use or prescription of any instrument, medicine, drug, or any other substance or device intentionally to terminate the pregnancy of a woman known to be pregnant with an intention other than to increase the probability of a live…
Ark. Code Ann. § 23-79-157 Payment for services rendered by physical therapists, occupational therapists, and speech-language pathologists
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(a) As used in this section:(1) (A) “Health benefit plan” means any group or blanket plan, policy, or contract for healthcare services issued or delivered in this state by healthcare insurers, including indemnity and managed care plans and the plans providing health benefits to s…
Ark. Code Ann. § 23-79-158 Denials of dental claims
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(a) (1) As used in this section, “insurer” means an insurance company, a health maintenance organization, a hospital and medical service corporation, or a self-insured health plan for employees of a governmental entity that provides dental benefits.(2) As used in this section, “i…
Ark. Code Ann. § 23-79-159 Notification of drug formulary changes
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(a) (1) A health benefit plan that provides prescription drug coverage or contracts with a third party for prescription drug services with tiered copayments shall notify an enrollee presently taking a prescription drug, in writing or electronically at the request of the enrollee,…
Ark. Code Ann. § 23-79-160 [Repealed.]
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A.C.A. § 23-79-160Current 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. § 23-79-1601 Definitions
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(1) As used in this subchapter:(1) “Distant site” means the location of the healthcare professional delivering healthcare services through telemedicine at the time the services are provided;(2) (A) “Health benefit plan” means:(i) An individual, blanket, or group plan, policy, or …
Ark. Code Ann. § 23-79-1602 Coverage for telemedicine
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(a) (1) This subchapter applies to all health benefit plans delivered, issued for delivery, reissued, or extended in Arkansas on or after January 1, 2016, or at any time when any term of the health benefit plan is changed or any premium adjustment is made thereafter.(2) Notwithst…
Ark. Code Ann. § 23-79-161 Payment for oral anticancer medications — Definitions
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(a) As used in this section:(1) “Anticancer medication” means any drug or biologic that is used to kill, slow, or prevent the growth of cancerous cells;(2) (A) “Health benefit plan” means any group or blanket plan, policy, or contract for healthcare services issued, renewed, or e…
Ark. Code Ann. § 23-79-162 Notice of renewal in affiliate or subsidiary
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(a) This section applies to all forms of property and casualty insurance written under this subchapter. (b) A notice of nonrenewal is not required if:(1) The insured is transferred from an insurer to an affiliate insurer for future coverage; and(2) The transfer results in substan…
Ark. Code Ann. § 23-79-163 Excepted benefits
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Excepted benefits are not subject to the requirements of this subchapter regarding coverage of a specific person, provider, treatment, service, condition, or disease unless that coverage is required by law.
Ark. Code Ann. § 23-79-164 Coverage for positron emission tomography — Definitions
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(a) As used in this section:(1) (A) “Health benefit plan” means an individual, blanket, or any group plan, policy, or contract for healthcare services issued, renewed, or extended in this state by a healthcare insurer, health maintenance organization, hospital medical service cor…
Ark. Code Ann. § 23-79-165 Coverage for hepatitis C screening during pregnancy
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(a) A health benefit plan that is offered, issued, or renewed in this state shall provide coverage for screening for hepatitis C during pregnancy by a healthcare professional on or after January 1, 2022. (b) The coverage for screening for hepatitis C during pregnancy under this s…
Ark. Code Ann. § 23-79-166 Insurance coverage of gender transition procedures for minors prohibited
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(a) As used in this section, “gender transition procedures” means the same as defined in § 20-9-1501. (b) A health benefit plan under an insurance policy or other plan providing healthcare coverage in this state shall not include reimbursement for gender transition procedures for…
Ark. Code Ann. § 23-79-167 Health savings account-qualified health insurance policy — Exemption — Definition
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(a) As used in this section, “health savings account-qualified health insurance policy” means a policy of individual or group health insurance coverage that satisfies the criteria for a high deductible health plan under 26 U.S.C. § 223, as it existed on January 1, 2021. (b) A hea…
Ark. Code Ann. § 23-79-168 Deductible based on percentage of insured value — Disclosure required
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An owner-occupied residential property insurance policy issued or renewed in this state that bases the deductible under the insurance policy for any loss, other than a loss due to an earthquake, on a percentage of the insured value of the insured property shall disclose to the in…
Ark. Code Ann. § 23-79-169 Deductibles — Disclosure required
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(a) An insurance policy for owner-occupied residential property insurance issued or renewed in this state shall disclose, as applicable, on the policy declaration page or notice of renewal of the policy all deductibles included under the policy in a clear and conspicuous manner s…
Ark. Code Ann. § 23-79-170 Coverage for healthcare services provided in mobile units — Definitions
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(a) As used in this section:(1) “Cost-sharing requirement” means a deductible, coinsurance, copayment, or any maximum limitation on the application of a deductible, coinsurance, copayment, or similar out-of-pocket expense under a health benefit plan;(2) (A) “Health benefit plan” …
Ark. Code Ann. § 23-79-1701 Title
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This subchapter shall be known and may be cited as the “Emerging Therapy Act of 2017”.
Ark. Code Ann. § 23-79-1702 Definitions
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(1) As used in this subchapter:(1) “Board” means the State Board of Finance;(2) “Choosing Wisely initiative” means the initiative established by the American Board of Internal Medicine Foundation that seeks to advance a national dialogue on avoiding wasteful or unnecessary medica…
Ark. Code Ann. § 23-79-1703 State Board of Finance — Requirements
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(a) By the end of plan year 2017, the State Board of Finance shall explore the evidence supporting opportunities for benefit modification informed by:(1) The Choosing Wisely initiative;(2) Emerging therapies; and(3) Therapeutic alternatives to invasive surgical procedures, such a…
Ark. Code Ann. § 23-79-1704 Legislative findings
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(1) The General Assembly finds that:(1) The State Board of Finance has a fiduciary obligation to explore cost-effective treatments for its members;(2) There are emerging technologies that could serve as cost-effective alternatives to surgical procedures; and(3) Clinical organizat…
Ark. Code Ann. § 23-79-171 Insurance coverage of certain human organ transplant or post-transplant care prohibited — Definitions
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(a) As used in this section:(1) “Forced organ harvesting” means the removal of one (1) or more organs from a living person, or from a person killed for the purpose of removal of one (1) or more organs, by means of coercion, abduction, deception, fraud, or abuse of power over a po…
Ark. Code Ann. § 23-79-1801 Definitions
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(1) As used in this subchapter:(1) (A) “Health benefit plan” means:(i) 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 gove…
Ark. Code Ann. § 23-79-1802 Coverage for newborn screening
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(a) A health benefit plan that is offered, issued, or renewed in this state shall provide coverage for newborn screening for conditions as determined by the Department of Health under § 20-15-302 by a healthcare professional on or after January 1, 2020. (b) The coverage for newbo…
Ark. Code Ann. § 23-79-1901 Findings
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(1) The General Assembly finds that:(1) Pediatric acute-onset neuropsychiatric syndrome, also known as “PANS”, is a clinically defined disorder characterized by the sudden onset of obsessive-compulsive symptoms or eating restrictions, accompanied by two (2) or more symptoms of ac…
Ark. Code Ann. § 23-79-1902 Interdisciplinary panel — University of Arkansas for Medical Sciences
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(a) The University of Arkansas for Medical Sciences has partnered with Arkansas Children's Hospital and the National Institute of Mental Health for the establishment and operation of a clinic that currently serves patients with pediatric acute-onset neuropsychiatric syndrome, als…
Ark. Code Ann. § 23-79-1903 [Repealed.]
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A.C.A. § 23-79-1903Current 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. § 23-79-1904 [Repealed.]
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A.C.A. § 23-79-1904Current 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. § 23-79-1905 Off-label use and coverage of drug treatment to treat pediatric acute-onset neuropsychiatric syndrome and pediatric autoimmune neuropsychiatric disorders associated with streptococcal infection — Legislative findings — Definitions
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(a) The General Assembly finds that:(1) Pediatric acute-onset neuropsychiatric syndrome, also known as “PANS”, is a clinically defined disorder characterized by the sudden onset of obsessive-compulsive symptoms or eating restrictions, accompanied by two (2) or more symptoms of ac…
Ark. Code Ann. § 23-79-2001 Title
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This subchapter shall be known and may be cited as the “Healthcare Payor Identification Card Act”.
Ark. Code Ann. § 23-79-2002 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 payor in this state.(B) “Health benefit plan” does not include workers' compensation plans, Me…
Ark. Code Ann. § 23-79-2003 Identification cards
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A healthcare payor shall issue an identification card to a member that provides an indication of whether the health benefit plan is insured, self-funded, or short-term, limited duration insurance.
Ark. Code Ann. § 23-79-201 Claims arising outside United States — Automobile liability insurer
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A person having a claim for personal injury or property damage arising out of the use of a motor vehicle in a foreign country by another who, at the time of the injury or damage, was covered by a policy of automobile liability insurance with an insurer subject to the jurisdiction…
Ark. Code Ann. § 23-79-202 Limitation of actions
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(a) An action may be maintained in the courts of this state by an insured or any other person on his or her behalf to recover on any claim or loss arising under a policy of insurance on property or life against the insurer issuing the policy or against the sureties on any bond fi…
Ark. Code Ann. § 23-79-203 Trial by jury
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(a) No insurance policy or annuity contract shall contain any condition, provision, or agreement which directly or indirectly deprives the insured or beneficiary of the right to trial by jury on any question of fact arising under the policy or contract. (b) All such provisions, c…
Ark. Code Ann. § 23-79-204 Venue
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(a) An action brought in this state by or in behalf of the insured or beneficiary against an insurer as to a loss occurring or benefits or rights provided under an insurance policy or annuity contract shall be brought in either:(1) The county in which the loss occurred, or the in…
Ark. Code Ann. § 23-79-205 Service of process
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(a) In any suit brought in this state against an insurer, process may be served upon the insurer as follows:(1) As to domestic insurers, service of process may be had only in the manner as provided by the Arkansas Rules of Civil Procedure;(2) As to licensed foreign or alien insur…
Ark. Code Ann. § 23-79-206 Evidence of death of person in military service
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(a) It shall be competent and proper in the trial of causes arising from death claims against insurers, accruing on account of death of the insured in foreign lands and while in the service of the United States Government as a member of the United States Armed Forces, to introduc…
Ark. Code Ann. § 23-79-207 Substantial compliance — Fire insurance upon personal property
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In all actions against any insurer for any claim accruing, arising upon, or growing out of any fire insurance policy upon personal property issued by the insurer, proof of a substantial compliance with the terms, conditions, and warranties of the policy upon the part of the insur…
Ark. Code Ann. § 23-79-208 Damages and attorney's fees on loss claims
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(a) (1) In all cases in which loss occurs and the cargo, property, marine, casualty, fidelity, surety, cyclone, tornado, life, accident and health, medical, hospital, or surgical benefit insurance company and fraternal benefit society or farmers' mutual aid association or company…
Ark. Code Ann. § 23-79-209 Allowance of attorney's fees in suits to terminate, modify, or reinstate policy
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(a) In all suits in which the judgment or decree of a court is against a life, property, accident and health, or liability insurance company, either in a suit by it to cancel or lapse a policy or to change or alter the terms or conditions thereof in any way that may have the effe…
Ark. Code Ann. § 23-79-210 Direct cause of action against liability insurer when insured not subject to tort suit
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(a) (1) When liability insurance is carried by any cooperative nonprofit corporation, association, or organization, or by any municipality, agency, or subdivision of a municipality, or of the state, or by any improvement district or school district, or by any other organization o…