Title 23 — Public Utilities and Regulated Industries
95 chapters · 4,024 sections in this title.
Ark. Code Ann. § 23-99-422 Benefits for mental illness or substance use disorders delivered through psychiatric collaborative care model — Definitions — Rules
9.3K chars
(a) As used in this section:(1) (A) “Healthcare insurer” means an insurance company, hospital and medical service corporation, or health maintenance organization issuing or delivering health benefit plans in this state and subject to the following laws:(i) The Arkansas Insurance …
Ark. Code Ann. § 23-99-501 Short title
0.1K chars
This subchapter shall be known and may be cited as the “Arkansas Mental Health Parity Act of 2009”.
Ark. Code Ann. § 23-99-502 Legislative findings and intent
0.3K chars
It is the intent of this state that if a health benefit plan provides insurance coverage for a mental illness or substance abuse disorder, the treatment of the mental illness or substance abuse disorder shall be as available as and at parity with that for other medical illnesses.
Ark. Code Ann. § 23-99-503 Definitions
5.5K chars
(1) As used in this subchapter:(1) “Carve-out arrangement” means an arrangement in which a healthcare insurer contracts with a separate person or entity to arrange for the delivery of specific types of healthcare benefits under a health benefit plan;(2) “Commissioner” means the I…
Ark. Code Ann. § 23-99-504 Exclusions
1.5K chars
(1) This subchapter does not apply to:(1) Dental insurance plans;(2) Vision insurance plans;(3) Specified-disease insurance plans;(4) Accidental injury insurance plans;(5) Long-term care plans;(6) Disability income plans;(7) Individual health benefit plans if the healthcare insur…
Ark. Code Ann. § 23-99-505 Increased cost exemption
7.5K chars
(a) (1) This subchapter does not apply to a health benefit plan during the health benefit plan's following health benefit plan year if the application of this subchapter to the health benefit plan in a health benefit plan year resulted in an increase in the actual costs of covera…
Ark. Code Ann. § 23-99-506 Parity requirements
3.6K chars
(a) Except as provided in § 23-99-504, a health benefit plan that provides benefits for the diagnosis and treatment of mental illnesses shall provide the benefits under the same terms and conditions as provided for covered benefits offered under the health benefit plan for the tr…
Ark. Code Ann. § 23-99-507 Medical necessity
0.6K chars
(a) The criteria for medical necessity determinations for mental illness made under a health benefit plan shall be made available by the healthcare insurer in accordance with rules established by the Insurance Commissioner to any current or potential covered individual or contrac…
Ark. Code Ann. § 23-99-508 Permitted provisions
1.4K chars
(a) A healthcare insurer may at the healthcare insurer's option provide coverage for a health service, such as intensive case management, community residential treatment programs, or social rehabilitation programs, that is used in the treatment of mental illnesses but is generall…
Ark. Code Ann. § 23-99-509 Applicability
0.5K chars
(a) On or after October 3, 2009, this subchapter shall apply to health benefit plans on the health benefit plans' anniversaries or start dates but in no event later than one (1) year after October 3, 2009. (b) If a health benefit plan provides coverage or benefits to an Arkansas …
Ark. Code Ann. § 23-99-510 Rules
0.1K chars
The Insurance Commissioner shall enforce this subchapter and shall promulgate necessary rules for carrying out this subchapter.
Ark. Code Ann. § 23-99-511 Enforcement
0.2K chars
The Insurance Commissioner shall have all the powers to enforce this subchapter as are granted to the commissioner elsewhere in the Arkansas Insurance Code.
Ark. Code Ann. § 23-99-512 Out-of-network providers
0.3K chars
In the case of a health benefit plan that provides both medical benefits and mental illness benefits, if the health benefit plan provides coverage for medical benefits provided by out-of-network providers, the health benefit plan shall provide coverage for mental illness benefits…
Ark. Code Ann. § 23-99-601 Short title
0.1K chars
This subchapter shall be cited as the “Dental Point of Service Act”.
Ark. Code Ann. § 23-99-602 Legislative findings
0.5K chars
The General Assembly finds that the quality of dental care is improved through patient choice among dentists and that utilization of dentists varies less than utilization of other providers. Patients should have the freedom to go to dentists outside their managed care network whe…
Ark. Code Ann. § 23-99-603 Definitions
3.4K chars
(1) As used in this subchapter:(1) “Commissioner” means the Insurance Commissioner;(2) “Covered person” means a person covered by a health plan including an enrollee, subscriber, policyholder, beneficiary of a group plan, or individual covered by any other health plan;(3) “Dentis…
Ark. Code Ann. § 23-99-604 Coverage for out-of-network dentists
1.9K chars
(a) Every health plan which provides dental benefits issued, renewed, extended, or modified by a health carrier shall also include a point-of-service option which provides benefits to covered persons through dentists who are not members of the health carrier's provider network. (…
Ark. Code Ann. § 23-99-605 Rules
0.3K chars
Within one hundred twenty (120) days of July 30, 1999, the Insurance Commissioner shall promulgate necessary rules for carrying out this subchapter, giving maximum possible effect to the General Assembly's intent to promote quality medical care through increased choice.
Ark. Code Ann. § 23-99-606 Insurance Commissioner's enforcement authority
0.1K chars
The Insurance Commissioner shall enforce this subchapter, using the powers granted to the commissioner elsewhere in the Arkansas Insurance Code.
Ark. Code Ann. § 23-99-607 Duty of Attorney General to defend
0.2K chars
In any legal proceeding in which the validity of this subchapter is challenged, the Attorney General shall defend the subchapter regardless of the state agency or official named as an official party.
Ark. Code Ann. § 23-99-608 Applicability of subchapter
0.2K chars
This subchapter applies to health plans issued, renewed, extended, or modified by a health carrier on or after July 30, 1999. “Renewed, extended, or modified” shall include a change in premium or other financial term.
Ark. Code Ann. § 23-99-701 Legislative findings
1.4K chars
(1) The General Assembly finds and declares the following:(1) The State of Arkansas has an interest in protecting its citizens and in pursuing reasonable means to improve the quality of life and health of those citizens;(2) In the healthcare field, the State of Arkansas has tradi…
Ark. Code Ann. § 23-99-702 Definitions
2.6K chars
(1) As used in this subchapter:(1) “Commissioner” means the Insurance Commissioner;(2) [Repealed.](3) “Healthcare services” means any services included in the furnishing to any individual of medical or dental care, hospitalization, or services incident to the furnishing of care o…
Ark. Code Ann. § 23-99-703 Grievance system
1.9K chars
(a) All health carriers and networks shall make arrangements for handling and resolving grievances. (b) Each health carrier and network shall:(1) Maintain records of grievances filed with the health carrier and network concerning the quality of healthcare services; and(2) Submit …
Ark. Code Ann. § 23-99-704 Quality assessment and improvement systems
1.7K chars
(a) Each health carrier and network shall:(1) Make arrangements for measuring and improving the quality of healthcare services;(2) Maintain quality assessment and improvement programs and records measuring the outcomes of healthcare services; and(3) Submit to the Secretary of the…
Ark. Code Ann. § 23-99-705 Applicability and scope
0.6K chars
(a) This subchapter shall not apply to disability income, specified disease, Medicare supplement, hospital indemnity, accident-only policies, long-term care, short-term limited duration insurance, and all other supplemental insurance products issued by health carriers. (b) In ter…
Ark. Code Ann. § 23-99-706 Enforcement and penalties
0.1K chars
The Secretary of the Department of Health shall have the power to implement and enforce this subchapter.
Ark. Code Ann. § 23-99-801 Application and intent
5.9K chars
(a) The state's any willing provider laws shall not be construed:(1) To require all physicians or a percentage of physicians in the state or a locale to participate in the provision of services for a health maintenance organization; or(2) To take away the authority of health main…
Ark. Code Ann. § 23-99-802 Definitions
7.0K chars
(1) As used in this subchapter:(1) “Any willing provider law” means a law that prohibits discrimination against a provider willing to meet the terms and conditions for participation established by a health insurer or that otherwise precludes an insurer from prohibiting or limitin…
Ark. Code Ann. § 23-99-803 Agency enforcement
0.5K chars
(1) The Insurance Commissioner shall:(1) Enforce the state's any willing provider laws using powers granted to the commissioner in the Arkansas Insurance Code; and(2) Be entitled to seek an injunction against a health insurer in a court of competent jurisdiction. (1) Enforce the …
Ark. Code Ann. § 23-99-804 Health insurer — Healthcare provider contracts
0.9K chars
(a) A healthcare provider, including without limitation a physician, nurse, pharmacist, dentist, physical therapist, physician assistant, or any other healthcare provider licensed and in good standing with the state licensing board responsible for the licensing of the healthcare …
Ark. Code Ann. § 23-99-901 Legislative findings
1.2K chars
(1) The General Assembly finds that:(1) Under an alternative payment system, a healthcare payor, when determining a healthcare provider's patient care costs, may use factors that are not under the control of the healthcare provider;(2) A healthcare provider may not receive an app…
Ark. Code Ann. § 23-99-902 Definitions
5.3K chars
(1) As used in this subchapter:(1) “Alternative payment system” means a payment methodology used by a healthcare payor that includes a risk-sharing or gain-sharing component for a healthcare provider that participates in a plan, program, or network offered by the healthcare payor…
Ark. Code Ann. § 23-99-903 Physician penalties — Limitation
1.6K chars
(a) A healthcare payor doing business in this state, when determining any gain-sharing or risk-sharing for a healthcare provider, shall not attribute to a healthcare provider any costs that are a result of variations in the healthcare payor's freely negotiated contract pricing wi…
Ark. Code Ann. § 23-99-904 Waiver prohibited
0.2K chars
(a) The provisions of this subchapter shall not be waived by contract. (b) Contractual arrangements or actions taken in conflict with this subchapter or that purport to waive any requirements of this subchapter are void.
Ark. Code Ann. § 23-99-905 Enforcement
0.7K chars
(a) The State Insurance Department shall develop and promulgate rules for the implementation and enforcement of this subchapter. (b) In addition to or as an alternative to any enforcement action by the department, a healthcare provider or an organization that represents healthcar…
Ark. Code Ann. § 23-100-101 Title
0.1K chars
This chapter shall be known as the “State Insurance Department Criminal Investigation Division Trust Fund Act”.
Ark. Code Ann. § 23-100-102 Insurers' payment extensions — Penalties for non-compliance — Insurance Commissioner's waiver for impaired or insolvent insurers
5.2K chars
(a) (1) The Insurance Commissioner may grant any licensed insurer an extension for payment of the antifraud assessment for good cause shown, upon written application of the licensed insurer received at the State Insurance Department on or before each annual due date.(2) Absent th…
Ark. Code Ann. § 23-100-103 State Insurance Department Criminal Investigation Division Trust Fund — Creation
1.6K chars
(a) There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund to be known as the “State Insurance Department Criminal Investigation Division Trust Fund” to be used to defray the expenses of the Criminal Inv…
Ark. Code Ann. § 23-100-104 Antifraud assessment
3.8K chars
(a) (1) (A) Each licensed insurer shall pay into the State Insurance Department Criminal Investigation Division Trust Fund a nonrefundable antifraud assessment as directed by the Insurance Commissioner for the reasonable and necessary expenses and operation of the Criminal Invest…
Ark. Code Ann. § 23-100-105 Insurers' antifraud fees — Deposit into State Insurance Department Criminal Investigation Division Trust Fund
0.3K chars
The Insurance Commissioner shall deposit all antifraud assessments and any penalties assessed under this chapter, as well as any other income received for purposes set out in § 23-100-103(a), into the State Insurance Department Criminal Investigation Division Trust Fund as specia…
Ark. Code Ann. § 23-100-106 Rules
0.1K chars
The Insurance Commissioner may promulgate reasonable rules deemed necessary for the administration of this chapter.
Ark. Code Ann. § 23-100-107 State Insurance Department Criminal Investigation Division Trust Fund — Department vouchers and Auditor of State warrants
0.9K chars
(a) All antifraud assessments, penalties, and revenues provided in this chapter received as special revenues for the State Insurance Department Criminal Investigation Division Trust Fund and deposited therein shall be deemed for all purposes special revenues of the fund and of th…
Ark. Code Ann. § 23-101-101 Purpose
0.6K chars
(1) The purposes of this chapter are to:(1) Promote the public welfare by regulating creditor-placed insurance;(2) Create a legal framework within which creditor-placed insurance may be written in this state; and(3) Minimize unfair competitive practices in the sale of creditor-pl…
Ark. Code Ann. § 23-101-102 Scope
1.4K chars
(a) This chapter applies to an insurer or producer transacting creditor-placed insurance as defined in this chapter. (b) All creditor-placed insurance written in connection with credit transactions for personal, family, or household purposes is subject to the provisions of this c…
Ark. Code Ann. § 23-101-103 Definitions
9.0K chars
(1) As used in this chapter:(1) “Actual cash value” means the cost of replacing damaged or destroyed property with comparable new property, minus depreciation and obsolescence;(2) “Blanket insurance” means insurance that provides coverage on collateral as defined in a policy issu…
Ark. Code Ann. § 23-101-104 Prohibited coverages
1.2K chars
(a) Creditor-placed insurance coverage shall not include:(1) Coverage for the cost of repossession;(2) Skip, confiscation, and conversion coverage;(3) Coverage for payment of mechanics' or other liens that do not arise from a covered loss occurrence;(4) Coverage that requires a d…
Ark. Code Ann. § 23-101-105 Term of insurance policy
2.5K chars
(a) Creditor-placed insurance shall become effective on the latest of the following dates:(1) The date of the credit transaction;(2) The date prior coverage, including prior creditor-placed insurance coverage, lapsed;(3) One (1) year before the date on which the related insurance…
Ark. Code Ann. § 23-101-106 Calculation and payment of premiums
1.9K chars
(a) Premiums for creditor-placed insurance coverage may be calculated based on:(1) An amount not exceeding the net debt even though the coverage may limit the insurer's liability to the net debt, actual cash value, or cost of repair; or(2) Other premium calculation methods that m…
Ark. Code Ann. § 23-101-107 Evidence of coverage
0.3K chars
(a) Creditor-placed insurance shall be set forth in an individual policy or certificate of insurance. (b) A copy of the individual policy, certificate of insurance coverage, or other evidence of insurance coverage shall be mailed, first class mail, or delivered in person to the l…