Title 23 — Public Utilities and Regulated Industries
95 chapters · 4,024 sections in this title.
Ark. Code Ann. § 23-85-122 Optional relation of earnings to insurance provision
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(a) There may be a provision as follows:“Relation of Earnings to Insurance: If the total monthly amount of loss of time benefits promised for the same loss under all valid loss of time coverage upon the insured, whether payable on a weekly or monthly basis, shall exceed the month…
Ark. Code Ann. § 23-85-123 Optional unpaid premiums provision
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There may be a provision as follows:“Unpaid Premiums: Upon the payment of a claim under this policy, any premium then due and unpaid or covered by any note or written order may be deducted therefrom.” “Unpaid Premiums: Upon the payment of a claim under this policy, any premium th…
Ark. Code Ann. § 23-85-124 Optional conformity with state statutes provision
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There may be a provision as follows:“Conformity with State Statutes: Any provision of this policy which, on its effective date, is in conflict with the statutes of the state, District of Columbia, or territory in which the insured resides on such date is amended to conform to the…
Ark. Code Ann. § 23-85-125 Optional illegal occupation provision
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There may be a provision as follows:“Illegal Occupation: The insurer shall not be liable for any loss to which a contributing cause was the insured's commission of or attempt to commit a felony or to which a contributing cause was the insured's being engaged in an illegal occupat…
Ark. Code Ann. § 23-85-126 Optional intoxicants and controlled substances provision
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There may be a provision as follows:“Intoxicants and Controlled Substances: The insurer shall not be liable for any loss sustained or contracted in consequence of the insured's being intoxicated or under the influence of any controlled substance unless administered on the advice …
Ark. Code Ann. § 23-85-127 Order of certain provisions
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The provisions which are the subject of §§ 23-85-106 — 23-85-126, or any corresponding provisions which are used in lieu thereof in accordance with the sections, shall be printed in the consecutive order of the provisions in such sections. At the option of the insurer, any such p…
Ark. Code Ann. § 23-85-128 Refusal to renew policy
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(a) Accident and health insurance policies in which the insurer reserves the right to refuse renewal on an individual basis shall provide in substance in a provision thereof, in an endorsement thereon, or rider attached thereto that, subject to the right to terminate the policy f…
Ark. Code Ann. § 23-85-129 Requirements of other jurisdictions
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(a) Any policy of a foreign or alien insurer, when delivered or issued for delivery to any person in this state, may contain any provision which is not less favorable to the insured or the beneficiary than the provisions of this chapter and which is prescribed or required by the …
Ark. Code Ann. § 23-85-130 Conforming to statute
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(a) No policy provision which is not subject to this section and §§ 23-85-101 — 23-85-129 and 23-85-131 shall make a policy, or any portion thereof, less favorable in any respect to the insured or the beneficiary than the provisions thereof which are subject to this section and §…
Ark. Code Ann. § 23-85-131 Age limit — Exception
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(a) If any policy contains a provision establishing, as an age limit or otherwise, a date after which the coverage provided by the policy will not be effective and if the date falls within a period for which premium is accepted by the insurer or if the insurer accepts a premium a…
Ark. Code Ann. § 23-85-132 Reduction of benefits due to other insurance contracts prohibited
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(a) A contract of individual accident and health insurance or health coverage sold, delivered, or issued for delivery or offered for sale in this state by an insurer, hospital and medical service corporation, or health maintenance organization, directly or indirectly providing in…
Ark. Code Ann. § 23-85-133 Coverage of outpatient services required — Exception — Definitions
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(a) (1) No policy or contract of accident and health insurance, including contracts issued by hospital and medical service corporations, that provides coverage for any of the following services when delivered on an inpatient basis shall be sold, delivered, or issued for delivery …
Ark. Code Ann. § 23-85-134 Refund of unearned premiums upon death of insured
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(a) Upon the death of an insured, the proceeds payable to the insured or his or her estate under the policy of individual accident and health insurance, delivered or issued for delivery in this state after June 17, 1981, shall include premiums paid for accident and health insuran…
Ark. Code Ann. § 23-85-135 [Repealed.]
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A.C.A. § 23-85-135Current 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. § 23-85-136 Standard claim form required
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(a) All accident and health insurers transacting business in this state shall use Form HCFA 1500 and Form UB-92/HCFA 1450, or the claim format required by the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, as the standard claim forms until and u…
Ark. Code Ann. § 23-85-137 In vitro fertilization coverage required — Definitions
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(a) As used in this section:(1) (A) “Fertility awareness-based methods” means modern, evidence-based methods of tracking the menstrual cycle of a woman through observable biological signs, including without limitation:(i) Body temperature;(ii) Cervical fluid; or(iii) Hormone prod…
Ark. Code Ann. § 23-85-138 [Repealed.]
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A.C.A. § 23-85-138Current 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. § 23-85-139 Written notice for premium payments made
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(a) No insurer issuing or renewing policies pursuant to this chapter or conversion policies issued pursuant to § 23-86-115 shall unilaterally change the premium payment mode for the policyholder or payor unless the insurer provides written notice of the effective date of the prem…
Ark. Code Ann. § 23-85-140 Nonparticipation in maintenance of licensure or maintenance of certification — Insurer prohibited from denying reimbursement or discriminating in reimbursement levels — Definitions
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(a) As used in this section:(1) “Maintenance of certification” means any process requiring periodic recertification examinations or other activities to maintain specialty medical certification; and(2) “Specialty medical board certification” means a certification by a board that:(…
Ark. Code Ann. § 23-86-101 Blanket accident and health insurance — Definition
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(1) Blanket accident and health insurance is declared to be that form of accident and health insurance covering groups of persons as enumerated in one (1) of the following subdivisions:(1) Under a policy or contract issued to any common carrier or to any operator, owner, or lesse…
Ark. Code Ann. § 23-86-102 Blanket accident and health insurance — Required provisions
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(a) Any insurer authorized to write accident and health insurance in this state shall have the power to issue blanket accident and health insurance. (b) No blanket policy may be issued or delivered in this state unless a copy of the form shall have been filed in accordance with §…
Ark. Code Ann. § 23-86-103 Blanket accident and health insurance — Application and certificates not required
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An individual application shall not be required from a person covered under a blanket accident and health insurance policy or contract, nor shall it be necessary for the insurer to furnish each person a certificate.
Ark. Code Ann. § 23-86-104 Blanket accident and health insurance — Payment of benefits
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(a) (1) Except as provided under subsection (c) of this section, all benefits under any blanket accident and health insurance policy or health benefit plan shall be payable to the person insured, to the designated beneficiaries, or to his or her estate.(2) However, if the person …
Ark. Code Ann. § 23-86-105 [Repealed.]
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A.C.A. § 23-86-105Current 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. § 23-86-106 Group accident and health insurance — Definition
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(1) Group accident and health insurance is declared to be that form of accident and health insurance covering groups of persons as defined in this section, with or without one (1) or more members of their families or one (1) or more of their dependents, or covering one (1) or mor…
Ark. Code Ann. § 23-86-107 Group accident and health insurance — Authorized insurer required
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(a) All group accident and health insurance placed by an employer on employees who are residents of this state shall be placed by the employer with an insurer authorized to transact insurance in this state. (b) This section shall not apply to group insurance lawfully placed in an…
Ark. Code Ann. § 23-86-108 Group accident and health insurance — Required provisions
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(1) Each group accident and health insurance policy shall contain in substance the following provisions:(1) A provision that, in the absence of fraud, all statements made by applicants or the policyholder or by an insured person shall be deemed representations and not warranties …
Ark. Code Ann. § 23-86-109 Group accident and health insurance — Optional continuation of benefit provisions
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Any group accident and health insurance policy that contains provisions for the payment by the insurer of benefits for expenses incurred on account of hospital, nursing, medical, or surgical services for members of the family or dependents of a person in the insured group may pro…
Ark. Code Ann. § 23-86-110 Group accident and health insurance — Administration of benefits
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(a) (1) All group accident and health insurance carriers including hospital and medical service corporations shall be subject to the “primary” and “secondary” carrier rules promulgated by the Insurance Commissioner.(2) The secondary carrier shall administer benefits on a timely b…
Ark. Code Ann. § 23-86-111 Group accident and health insurance — Payment of benefits when other like insurance exists
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(a) (1) No contract of group accident and health insurance coverage sold, delivered or issued for delivery, renewed, or offered for sale in this state by an insurer, hospital and medical service corporation, or health maintenance organization, directly or indirectly providing ind…
Ark. Code Ann. § 23-86-112 Group accident and health insurance — Direct payment of hospital or medical services
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(a) Except as provided under subsection (c) of this section, on request by the group policyholder, any group accident and health insurance policy or health benefit plan may provide that all or any portion of any indemnities provided by any policy or health benefit plan on account…
Ark. Code Ann. § 23-86-113 Minimum benefits for mental illness in group accident and health insurance policies or subscriber's contracts — Definition
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(a) Unless refused in writing, every group accident and health insurance policy or group contract of hospital and medical service corporations issued or renewed after July 1, 1983, providing hospitalization or medical benefits to Arkansas residents for conditions arising from men…
Ark. Code Ann. § 23-86-114 Group accident and health insurance — Continuation of coverage beyond termination of employment, change in marital status, etc
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(a) Every group accident and health insurance policy, contract, or certificate providing hospital, surgical, or major medical coverage, other than accident only or specified disease policies, shall contain a provision that any certificate holder, member, or spouse whose coverage …
Ark. Code Ann. § 23-86-115 Group accident and health insurance — Entitlement to conversion policy upon termination of group policy
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(a) (1) Every group policy, contract, or certificate of accident and health insurance delivered or issued for delivery in this state that provides hospital, surgical, or major medical coverage on an expense-incurred basis, other than coverage limited to expenses from accidents or…
Ark. Code Ann. § 23-86-116 Continuation of benefits upon termination of policy
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(a) Every group accident and health insurance policy, contract, or certificate that provides coverage for hospital or medical services or expenses shall provide that the insurer shall continue its obligation for benefits under the policy or contract for any person insured under t…
Ark. Code Ann. § 23-86-117 Standard claim form required
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(a) All accident and health insurers transacting business in this state shall use Form HCFA 1500 and Form UB-92/HCFA 1450 or in the claim format required by the Health Insurance Portability and Accountability Act of 1996 as the standard claim forms until and unless the Insurance …
Ark. Code Ann. § 23-86-118 In vitro fertilization coverage required — Definitions
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(a) As used in this section:(1) (A) “Fertility awareness-based methods” means modern, evidence-based methods of tracking the menstrual cycle of a woman through observable biological signs, including without limitation:(i) Body temperature;(ii) Cervical fluid; or(iii) Hormone prod…
Ark. Code Ann. § 23-86-119 Disclosure to policyholders
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(a) (1) Upon request from a policyholder with more than fifty (50) insured employees under a comprehensive group health insurance policy, an insurer issuing or delivering a group accident and health insurance policy in this state shall provide to the policyholder the following in…
Ark. Code Ann. § 23-86-120 Hospice care coverage for terminally ill patients
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(a) (1) Every accident and health insurance company, hospital service corporation, health maintenance organization, or other health insurance provider in the State of Arkansas shall offer to each master group contract holder, coverage for hospice facilities and hospice programs a…
Ark. Code Ann. § 23-86-121 Coverage for anesthesia and hospitalization for dental procedures
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(a) As used in this section, “health benefit plan” means any policy, contract, or agreement offered by an insurance company, health maintenance organization, or hospital and medical service corporation to provide, reimburse, or pay for healthcare services, but does not include th…
Ark. Code Ann. § 23-86-122 Prior approval process for experimental and investigational surgical products and medical devices — Definition
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(a) As used in this section:(1) “Health carrier” means a:(A) Health maintenance organization;(B) Hospital medical service corporation; and(C) Disability insurance company;(2) “Health carrier” includes a:(A) Self-insured governmental or church plan; and(B) Third-party administrato…
Ark. Code Ann. § 23-86-123 Prior authorization by physician — Definitions
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(a) As used in this section:(1) “Prior authorization” means the process by which a health carrier determines the medical necessity or eligibility for coverage of a healthcare service before a covered person receives the healthcare service in order to provide coverage and reimburs…
Ark. Code Ann. § 23-86-201 Purpose
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(1) The intent of this subchapter is to:(1) Promote the availability of health insurance coverage to small employers;(2) Prevent abusive rating practices; and(3) Improve the efficiency and fairness of the small group health insurance marketplace. (1) Promote the availability of h…
Ark. Code Ann. § 23-86-202 Definitions
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(1) “Actuarial certification” means a written statement by a member of the American Academy of Actuaries or other individuals acceptable to the Insurance Commissioner that a small employer carrier is in compliance with the provisions of § 23-86-204 based upon the person's examina…
Ark. Code Ann. § 23-86-203 Health insurance plans subject to this subchapter
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(a) Except as provided in subsection (b) of this section, the provisions of this subchapter apply to any health benefit plan that provided coverage to two (2) or more employees of a small employer. (b) The provisions of this subchapter shall not apply to individual health insuran…
Ark. Code Ann. § 23-86-204 Restrictions relating to premium rates
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(a) Premium rates for health benefit plans subject to this subchapter shall be subject to the following provisions:(1) The index rate for a rating period for any class of business shall not exceed the index rate for any other class of business by more than twenty percent (20%). T…
Ark. Code Ann. § 23-86-207 Maintenance of records
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(a) Each small employer carrier shall maintain at its principal place of business a complete and detailed description of its rating practices and renewal underwriting practices, including information and documentation which demonstrate that its rating methods and practices are ba…
Ark. Code Ann. § 23-86-208 Discretion of commissioner
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The Insurance Commissioner may suspend all or any part of § 23-86-204 as to the premium rates applicable to one (1) or more small employers for one (1) or more rating periods upon a filing by the small employer carrier and a finding by the commissioner that either the suspension …
Ark. Code Ann. § 23-86-209 Effective date
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(a) The provisions of this subchapter shall apply to each health benefit plan for a small employer that is delivered, issued for delivery, renewed, or continued in this state after July 1, 1997. (b) For purposes of this section, the date a plan is continued is the first rating pe…
Ark. Code Ann. § 23-86-301 Title
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This subchapter may be cited as the “Arkansas Health Insurance Portability and Accountability Act of 1997”.