Title 23 — Public Utilities and Regulated Industries
95 chapters · 4,024 sections in this title.
Ark. Code Ann. § 23-79-3201 Definitions
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(1) As used in this subchapter:(1) “Enrollee” means an individual entitled to coverage of healthcare services from a healthcare insurer;(2) (A) “Health benefit plan” means:(i) An individual, blanket, or group plan, policy, or contract for healthcare services issued, renewed, or e…
Ark. Code Ann. § 23-79-3202 Step therapy or fail first protocols prohibited
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(a) A healthcare insurer shall not require step therapy protocols or fail first protocols of a lesser device or healthcare service for a prescription or order of a healthcare professional for a noninvasive ventilator if:(1) The noninvasive ventilator requires frequent or substant…
Ark. Code Ann. § 23-79-3203 Rules
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(a) The Insurance Commissioner may develop and promulgate rules for the implementation and administration of this subchapter. (b) The Secretary of the Department of Human Services may develop and promulgate rules for the implementation and administration of this subchapter that m…
Ark. Code Ann. § 23-79-3301 Definitions
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(1) As used in this subchapter:(1) (A) “Breastfeeding and lactation consultant” means:(i) An International Board Certified Lactation Consultant; and(ii) (a) A certified lactation counselor.(b) The individuals listed under subdivision (1)(A)(ii)(a) of this section are required to …
Ark. Code Ann. § 23-79-3302 Coverage for breastfeeding and lactation consultant services
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(a) On and after January 1, 2026, a health benefit plan that is offered, issued, renewed, delivered, or extended in this state shall provide coverage for breastfeeding and lactation consultant services in an outpatient setting to an enrollee. (b) The coverage for breastfeeding an…
Ark. Code Ann. § 23-79-3303 Rules
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(a) The Insurance Commissioner may develop and promulgate rules for the implementation and administration of this subchapter. (b) The Secretary of the Department of Human Services may develop and promulgate rules for the implementation and administration of this subchapter that m…
Ark. Code Ann. § 23-79-3401 Definitions
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(1) As used in this subchapter:(1) “Body mass index” means body weight in kilograms divided by height in meters squared;(2) “Covered person” means an individual who is entitled to receive healthcare services under the terms of a health benefit plan;(3) (A) “Health benefit plan” m…
Ark. Code Ann. § 23-79-3402 Coverage for treatment of diseases and conditions caused by severe obesity
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(a) On and after January 1, 2026, a health benefit plan that is offered, issued, renewed, delivered, or extended in this state shall provide coverage for medically necessary expenses for the treatment of diseases and conditions caused by severe obesity. (b) The coverage under sub…
Ark. Code Ann. § 23-79-3403 Limitations
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(a) Before any treatment for diseases and conditions caused by severe obesity covered under this subchapter begins, a healthcare insurer may require a covered person to successfully complete a preoperative period of no more than three (3) months that may include counseling, nutri…
Ark. Code Ann. § 23-79-3404 Exclusions
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This subchapter does not require a healthcare insurer to provide coverage for injectable drugs used to lower glucose levels or any other drugs prescribed for weight loss.
Ark. Code Ann. § 23-79-3405 Rules
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(a) The Insurance Commissioner, in accordance with evidence-based industry best practices, guidelines, and screening tools as recommended by the American Society for Metabolic and Bariatric Surgery or another nationally recognized body as may be designated by the commissioner, sh…
Ark. Code Ann. § 23-79-3501 Definitions
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(1) As used in this subchapter:(1) (A) “Clinical utility” means a test result that provides information that is used in the formulation of a treatment or monitoring strategy that informs a patient's outcome and impacts the clinical decision.(B) “Clinical utility” includes the mos…
Ark. Code Ann. § 23-79-3502 Coverage for genetic testing for inherited gene mutation and evidence-based cancer imaging
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(a) Beginning on and after January 1, 2026, a health benefit plan that is offered, issued, or renewed in this state shall provide coverage for:(1) Genetic testing for an inherited gene mutation in a clinical setting for an individual with a personal or family history of cancer if…
Ark. Code Ann. § 23-79-3503 Rules
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The Insurance Commissioner shall promulgate rules to implement and administer this subchapter.
Ark. Code Ann. § 23-79-3601 Definitions
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(1) As used in this subchapter:(1) “Enrollee” means an individual entitled to coverage of healthcare services from a healthcare insurer;(2) (A) “Health benefit plan” means:(i) An individual, blanket, or group plan or a policy or contract for healthcare services offered, issued, r…
Ark. Code Ann. § 23-79-3602 Coverage for birthing services in licensed birthing centers
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(a) On and after January 1, 2026, a health benefit plan that is offered, issued, renewed, delivered, or extended in this state shall provide the same coverage to an enrollee for birthing services received in a licensed birthing center as provided for birthing services received in…
Ark. Code Ann. § 23-79-3603 Rules
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(a) The Insurance Commissioner may develop and promulgate rules for the implementation and administration of this subchapter. (b) The Secretary of the Department of Human Services may develop and promulgate rules for the implementation and administration of this subchapter that a…
Ark. Code Ann. § 23-79-401 Title
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This subchapter shall be known and cited as the “Medicare Supplement Insurance Minimum Standards Act”.
Ark. Code Ann. § 23-79-402 Applicability and scope
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(a) Except as otherwise specifically provided in § 23-79-405, this subchapter shall apply to:(1) All Medicare supplement policies delivered or issued for delivery in this state on or after March 20, 1992; and(2) All certificates issued under group Medicare supplement policies, wh…
Ark. Code Ann. § 23-79-403 Definitions
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(1) As used in this subchapter:(1) “Applicant” means:(A) In the case of an individual Medicare supplement policy, the person who seeks to contract for insurance benefits; and(B) In the case of a group Medicare supplement policy, the proposed certificate holder;(2) “Certificate” m…
Ark. Code Ann. § 23-79-404 Standards for policy provisions and authority to promulgate rules
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(a) No Medicare supplement policy or certificate in force in this state shall contain benefits that duplicate benefits provided by Medicare. (b) Notwithstanding any other provision of law of this state, a Medicare supplement policy or certificate shall not exclude or limit benefi…
Ark. Code Ann. § 23-79-405 Loss ratio standards
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Medicare supplement policies shall return to policyholders benefits which are reasonable in relation to the premiums charged. The Insurance Commissioner shall issue reasonable rules to establish minimum standards for loss ratios of Medicare supplement policies on the basis of inc…
Ark. Code Ann. § 23-79-406 Disclosure standards — Definition
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(a) In order to provide for full and fair disclosure in the sale of Medicare supplement policies, no Medicare supplement policy or certificate shall be delivered in this state unless an outline of coverage is delivered to the applicant at the time application is made. (b) The Ins…
Ark. Code Ann. § 23-79-407 Notice of free examination
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Medicare supplement policies and certificates shall have a notice prominently printed on the first page of the Medicare supplement policy or certificate or attached thereto stating in substance that the applicant shall have the right to return the policy or certificate within thi…
Ark. Code Ann. § 23-79-408 Filing requirements for advertising
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Every issuer of Medicare supplement policies or certificates in this state shall provide a copy of any Medicare supplement advertising intended for use in this state whether through written, radio, or television medium to the Insurance Commissioner for review and approval prior t…
Ark. Code Ann. § 23-79-409 Administrative procedures
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Rules adopted pursuant to this subchapter shall be subject to the provisions of § 23-61-108 and to the provisions of the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
Ark. Code Ann. § 23-79-410 Penalties
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In addition to any other applicable penalties for violations of the Arkansas Insurance Code, the Insurance Commissioner may require issuers violating any provisions of this subchapter or rules promulgated pursuant to this subchapter to cease marketing any Medicare supplement poli…
Ark. Code Ann. § 23-79-601 Definitions
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(1) As used in this subchapter:(1) “Diabetes self-management training” means instruction in an inpatient or outpatient setting including medical nutrition therapy relating to diet, caloric intake and diabetes management, excluding programs the primary purposes of which are weight…
Ark. Code Ann. § 23-79-602 Diabetes self-management training — Licensed providers — Prescription by physician
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(a) Every health insurance policy shall include coverage for a one-per-lifetime training program per insured for diabetes self-management training when medically necessary as determined by a physician and when provided by an appropriately licensed healthcare professional upon cer…
Ark. Code Ann. § 23-79-603 Requirements
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(a) Every health insurance policy shall include medical coverage for medically necessary equipment, supplies, and services for the treatment of Type I diabetes, Type II diabetes, and gestational diabetes, when prescribed by a physician licensed under § 17-95-201 et seq. (b) The c…
Ark. Code Ann. § 23-79-604 Exclusions
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This subchapter shall not be construed as prohibiting a health insurance policy from excluding from coverage diabetes self-management training or equipment or supplies and related services for the treatment of Type I diabetes, Type II diabetes, or gestational diabetes when the tr…
Ark. Code Ann. § 23-79-605 Rules
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The State Insurance Department shall develop and promulgate rules to implement the provisions of this subchapter.
Ark. Code Ann. § 23-79-606 Applicability — Delivery within state
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(a) This subchapter shall apply to any health insurance policy that is delivered, issued for delivery, renewed, extended, or modified in this state on or after August 1, 1997. (b) If a health insurance policy provides coverage or benefits to an Arkansas resident, the health insur…
Ark. Code Ann. § 23-79-607 Applicability — Exceptions
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(1) This subchapter shall not apply to:(1) Long-term care plans;(2) Disability income plans;(3) Short-term nonrenewable individual health insurance policies that expire after six (6) months;(4) Medical payments under homeowner or automobile insurance policies; and(5) Workers' com…
Ark. Code Ann. § 23-79-701 Definitions
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(1) As used in this subchapter:(1) “Healthcare services” means any services included in the furnishing to any individual of medical or hospitalization or services incident to the furnishing of care or hospitalization, as well as the furnishing to any person of any and all other s…
Ark. Code Ann. § 23-79-702 Tax credit for medically necessary medical foods and low protein modified food products
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(a) A credit of up to two thousand four hundred dollars ($2,400) per year per child shall be allowed to individuals or to families with a dependent child or children with phenylketonuria, galactosemia, organic acidemias, and disorders of amino acid metabolism against the income t…
Ark. Code Ann. § 23-79-703 Health insurance coverage for medically necessary foods — Definition
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(a) As used in this section, “medical disorder requiring specialized nutrients or formulas” means the following inherited metabolic disorders involving a failure to properly metabolize certain nutrients:(1) Nitrogen metabolism disorder;(2) Phenylketonuria;(3) Maple syrup urine di…
Ark. Code Ann. § 23-79-801 Title
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This subchapter shall be known and cited as the “Arkansas Health Insurance Consumer Choice Act”.
Ark. Code Ann. § 23-79-802 Definitions
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(1) As used in this subchapter:(1) “Health benefits plan” means any individual, blanket, or group plan, policy, or contract for healthcare services, issued or delivered by a healthcare insurer, health maintenance organization, or hospital and medical service corporation, excludin…
Ark. Code Ann. § 23-79-803 Requirements relating to offering a health benefits plan not subject to state-mandated health benefits
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(a) Every group accident and health insurer, hospital and medical service corporation, or health maintenance organization transacting health or accident and health insurance in this state may offer, as an option, a group health benefits plan that, either in whole or in part, does…
Ark. Code Ann. § 23-79-804 [Repealed.]
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A.C.A. § 23-79-804Current 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. § 23-79-805 Rules
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The Insurance Commissioner may promulgate rules necessary to implement the provisions of this subchapter.
Ark. Code Ann. § 23-80-201 Title
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This subchapter may be cited as the “Life and Accident and Health Insurance Policy Language Simplification Act”.
Ark. Code Ann. § 23-80-202 Purpose
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(a) The purpose of this subchapter is to establish minimum standards for language used in policies, contracts, and certificates of life insurance and annuities, accident and health insurance, credit life insurance, and credit disability insurance delivered or issued for delivery …
Ark. Code Ann. § 23-80-203 Definitions
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(1) As used in this subchapter:(1) “Commissioner” means the Insurance Commissioner;(2) “Company” or “insurer” means any life or accident and health insurance company, fraternal benefit society, nonprofit health service corporation, nonprofit hospital service corporation, nonprofi…
Ark. Code Ann. § 23-80-204 Applicability
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(a) This subchapter shall apply to all policies delivered or issued for delivery in this state by any company on or after the date the forms must be approved under this subchapter. (b) However, nothing in this subchapter shall apply to:(1) Any policy which is a security subject t…
Ark. Code Ann. § 23-80-205 Construction
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Nothing in this subchapter shall be construed to negate any law of this state permitting the issuance of any policy form after it has been on file for the time period specified.
Ark. Code Ann. § 23-80-206 Minimum standards
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(a) In addition to any other requirements of law, no policy forms, except as stated in § 23-80-204, shall be delivered or issued for delivery in this state on or after the dates forms must be approved under this subchapter, unless:(1) The text achieves a minimum score of forty (4…
Ark. Code Ann. § 23-80-207 Authorization to use lower score
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(1) The Insurance Commissioner may authorize a lower score than the Flesch reading ease score required in § 23-80-206(a)(1) whenever, in the commissioner's discretion, he or she finds that a lower score:(1) Will provide a more accurate reflection of the readability of a policy fo…
Ark. Code Ann. § 23-80-208 Approval of forms
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A policy form meeting the requirements of § 23-80-206(a) shall be approved notwithstanding the provisions of any other laws which specify the content of policies if the policy form provides the policyholders and claimants protection not less favorable than they would be entitled …