Ark. Code Ann. § 23-93-207 — AR Code / Title 23 / Chapter 93 / Subchapter 2 / Section 23-93-207
Application
Status: in_force

The application for a license shall contain the following documents and information: (1) (A) An appointment of an Arkansas resident to serve as the registered agent for the provider shall be filed with the State Insurance Department. Thereafter, the registered agent shall be authorized to receive service of any lawful process in any proceeding arising under this subchapter against the provider or his or her agents. (B) On and after January 1, 2003, all licensed life care providers shall file with the Insurance Commissioner a designation of an Arkansas resident as an agent for service of legal process, and the commissioner shall maintain a listing in conformity with § 23-63-301 et seq.; (2) The states or other jurisdictions, including the federal government, in which an application for certification or similar documents for the subject facility have been or will be filed and any order, judgment, or decree entered in connection therewith by the regulatory authorities in each of the jurisdictions or by any court or administrative body thereof; (3) The names and business addresses of the officers, directors, trustees, managing or general partners, and any person having a ten percent (10%) or greater equity or beneficial interest in the provider and a description of that person's interest in or occupation with the provider; (4) (A) Copies of: (i) The articles of incorporation, with all amendments thereto, if the provider is a corporation; (ii) All instruments by which the trust is created or declared, if the provider is a trust; and (iii) The articles of partnership or association and all other organization papers, if the provider is organized under another form. (B) In the event the provider is not the legal title holder to the property upon which the facility is or is to be constructed, the documents listed in subdivision (4)(A) of this section shall be submitted for both the provider and the legal title holder; (5) (A) A legal description by metes and bounds or other acceptable means of the lands to be certified and the relationship of such lands to existing streets, roads, and other improvements, together with a map showing the proposed or actual facility and the dimensions of the living units as available, except for living units that are completed and available for inspection. (B) The map shall be drawn to scale, signed, and sealed by a professional engineer as defined in § 17-30-101 or a professional surveyor as defined in § 17-48-101 ; (6) Copies of the deed or other instrument establishing title of the provider and a title search, title report, or title certificate, or a binder or policy issued by a licensed title insurance company; (7) A statement concerning any litigation, orders, judgments, or decrees which might affect the offering; (8) A statement that the life care agreements will be offered to the public and entered into without regard to marital status, sex, race, creed, or national origin or, if not, any legally permissible restrictions on purchase that will apply; (9) A statement of the present conditions of physical access to the facility and the existence of any material adverse conditions that affect the facility that are known, should be known, or are readily ascertainable; (10) Copies of all contracts and agreements which the resident may be required to execute; (11) In the event there is or will be a blanket encumbrance affecting the facility or a portion thereof, a copy of the document creating it and a statement of the consequences upon a resident of a failure of the person bound to fulfill the obligations under which the instrument and the manner in which the interest of the resident is to be protected in the event of such an eventuality; (12) One (1) copy of the proposed disclosure statement required under § 23-93-106 ; (13) A current financial statement of the provider and any related predecessor, parent, or subsidiary company, including, but not limited to, a current profit and loss statement and balance sheet audited by an independent public accountant; (14) A statement concerning any adjudication of bankruptcy during the last five (5) years against the provider, its predecessor, parent, or subsidiary company, and any principal owning more than ten percent (10%) of the interests in the facility at the time of the filing of the application for certification. This requirement shall not extend to limited partners or those whose interests are solely those of investors; (15) Copies of all easements and restrictions, whether of record or not; (16) A statement as to the status of compliance with all the requirements of all laws, ordinances, and regulations of governmental agencies having jurisdiction over the construction, permitting, and licensing of the facility, together with copies of all necessary federal, state, county, and municipal approvals; (17) A statement that neither the provider nor any of its officers or principals have ever been convicted of a crime in this state or a foreign jurisdiction and that the provider has never been subject to any permanent injunction or final administrative order restraining a false or misleading promotional plan involving continuing care facility disposition or, if so, copies of all pleadings and orders in regard thereto; (18) A projected annual budget for the facility for the next five (5) years or such lesser time as the department allows; (19) Copies of market studies, if any, prepared on behalf of the provider concerning the feasibility of the project; (20) An affidavit signed by the provider that the contents of the application are true and accurate and made in good faith; and (21) Such other additional information as the department may require in individual cases after review of an application for certification to assure full and fair disclosure. Acts 1993, No. 787, § 6; 2001, No. 1604, § 118; 2005, No. 1178, § 16; 2011, No. 897, § 18; 2011, No. 898, § 8.

The application for a license shall contain the following documents and information:

(1) (A) An appointment of an Arkansas resident to serve as the registered agent for the provider shall be filed with the State Insurance Department. Thereafter, the registered agent shall be authorized to receive service of any lawful process in any proceeding arising under this subchapter against the provider or his or her agents. (B) On and after January 1, 2003, all licensed life care providers shall file with the Insurance Commissioner a designation of an Arkansas resident as an agent for service of legal process, and the commissioner shall maintain a listing in conformity with § 23-63-301 et seq.;

(A) An appointment of an Arkansas resident to serve as the registered agent for the provider shall be filed with the State Insurance Department. Thereafter, the registered agent shall be authorized to receive service of any lawful process in any proceeding arising under this subchapter against the provider or his or her agents.

(B) On and after January 1, 2003, all licensed life care providers shall file with the Insurance Commissioner a designation of an Arkansas resident as an agent for service of legal process, and the commissioner shall maintain a listing in conformity with § 23-63-301 et seq.;

(2) The states or other jurisdictions, including the federal government, in which an application for certification or similar documents for the subject facility have been or will be filed and any order, judgment, or decree entered in connection therewith by the regulatory authorities in each of the jurisdictions or by any court or administrative body thereof;

(3) The names and business addresses of the officers, directors, trustees, managing or general partners, and any person having a ten percent (10%) or greater equity or beneficial interest in the provider and a description of that person's interest in or occupation with the provider;

(4) (A) Copies of: (i) The articles of incorporation, with all amendments thereto, if the provider is a corporation; (ii) All instruments by which the trust is created or declared, if the provider is a trust; and (iii) The articles of partnership or association and all other organization papers, if the provider is organized under another form. (B) In the event the provider is not the legal title holder to the property upon which the facility is or is to be constructed, the documents listed in subdivision (4)(A) of this section shall be submitted for both the provider and the legal title holder;

(A) Copies of: (i) The articles of incorporation, with all amendments thereto, if the provider is a corporation; (ii) All instruments by which the trust is created or declared, if the provider is a trust; and (iii) The articles of partnership or association and all other organization papers, if the provider is organized under another form.

(i) The articles of incorporation, with all amendments thereto, if the provider is a corporation;

(ii) All instruments by which the trust is created or declared, if the provider is a trust; and

(iii) The articles of partnership or association and all other organization papers, if the provider is organized under another form.

(B) In the event the provider is not the legal title holder to the property upon which the facility is or is to be constructed, the documents listed in subdivision (4)(A) of this section shall be submitted for both the provider and the legal title holder;

(5) (A) A legal description by metes and bounds or other acceptable means of the lands to be certified and the relationship of such lands to existing streets, roads, and other improvements, together with a map showing the proposed or actual facility and the dimensions of the living units as available, except for living units that are completed and available for inspection. (B) The map shall be drawn to scale, signed, and sealed by a professional engineer as defined in § 17-30-101 or a professional surveyor as defined in § 17-48-101 ;

(A) A legal description by metes and bounds or other acceptable means of the lands to be certified and the relationship of such lands to existing streets, roads, and other improvements, together with a map showing the proposed or actual facility and the dimensions of the living units as available, except for living units that are completed and available for inspection.

(B) The map shall be drawn to scale, signed, and sealed by a professional engineer as defined in § 17-30-101 or a professional surveyor as defined in § 17-48-101 ;

(6) Copies of the deed or other instrument establishing title of the provider and a title search, title report, or title certificate, or a binder or policy issued by a licensed title insurance company;

(7) A statement concerning any litigation, orders, judgments, or decrees which might affect the offering;

(8) A statement that the life care agreements will be offered to the public and entered into without regard to marital status, sex, race, creed, or national origin or, if not, any legally permissible restrictions on purchase that will apply;

(9) A statement of the present conditions of physical access to the facility and the existence of any material adverse conditions that affect the facility that are known, should be known, or are readily ascertainable;

(10) Copies of all contracts and agreements which the resident may be required to execute;

(11) In the event there is or will be a blanket encumbrance affecting the facility or a portion thereof, a copy of the document creating it and a statement of the consequences upon a resident of a failure of the person bound to fulfill the obligations under which the instrument and the manner in which the interest of the resident is to be protected in the event of such an eventuality;

(12) One (1) copy of the proposed disclosure statement required under § 23-93-106 ;

(13) A current financial statement of the provider and any related predecessor, parent, or subsidiary company, including, but not limited to, a current profit and loss statement and balance sheet audited by an independent public accountant;

(14) A statement concerning any adjudication of bankruptcy during the last five (5) years against the provider, its predecessor, parent, or subsidiary company, and any principal owning more than ten percent (10%) of the interests in the facility at the time of the filing of the application for certification. This requirement shall not extend to limited partners or those whose interests are solely those of investors;

(15) Copies of all easements and restrictions, whether of record or not;

(16) A statement as to the status of compliance with all the requirements of all laws, ordinances, and regulations of governmental agencies having jurisdiction over the construction, permitting, and licensing of the facility, together with copies of all necessary federal, state, county, and municipal approvals;

(17) A statement that neither the provider nor any of its officers or principals have ever been convicted of a crime in this state or a foreign jurisdiction and that the provider has never been subject to any permanent injunction or final administrative order restraining a false or misleading promotional plan involving continuing care facility disposition or, if so, copies of all pleadings and orders in regard thereto;

(18) A projected annual budget for the facility for the next five (5) years or such lesser time as the department allows;

(19) Copies of market studies, if any, prepared on behalf of the provider concerning the feasibility of the project;

(20) An affidavit signed by the provider that the contents of the application are true and accurate and made in good faith; and

(21) Such other additional information as the department may require in individual cases after review of an application for certification to assure full and fair disclosure.

Acts 1993, No. 787, § 6; 2001, No. 1604, § 118; 2005, No. 1178, § 16; 2011, No. 897, § 18; 2011, No. 898, § 8.
Ark. Code Ann. § 23-91-203 — AR Code / Title 23 / Chapter 91 / Subchapter 2 / Section 23-91-203
[Repealed]
Status: repealed

Repealed by Act 2023, No. 32,§ 1, eff. 8/1/2023. Acts 1977, No. 368, § 2; A.S.A. 1947, § 66-5402.

Repealed by Act 2023, No. 32,§ 1, eff. 8/1/2023.

Acts 1977, No. 368, § 2; A.S.A. 1947, § 66-5402.
Ark. Code Ann. § 23-81-105 — AR Code / Title 23 / Chapter 81 / Subchapter 1 / Section 23-81-105
Life insurance - Incontestability provision
Status: in_force

There shall be a provision that, except for fraud in the procurement, the policy, exclusive of provisions relating to disability benefits or to additional benefits in the event of death by accident or accidental means, shall be incontestable, except for nonpayment of premiums, after it has been in force during the lifetime of the insured for a period of two (2) years from its date of issue. However, at its option, the insurer may omit from the provision the phrase "except for fraud in the procurement". Acts 1959, No. 148, § 313; A.S.A. 1947, § 66-3304; Acts 2001, No. 1382, § 1.

There shall be a provision that, except for fraud in the procurement, the policy, exclusive of provisions relating to disability benefits or to additional benefits in the event of death by accident or accidental means, shall be incontestable, except for nonpayment of premiums, after it has been in force during the lifetime of the insured for a period of two (2) years from its date of issue. However, at its option, the insurer may omit from the provision the phrase "except for fraud in the procurement".

Acts 1959, No. 148, § 313; A.S.A. 1947, § 66-3304; Acts 2001, No. 1382, § 1.
Ark. Code Ann. § 23-4-1105 — AR Code / Title 23 / Chapter 4 / Subchapter 11 / Section 23-4-1105
Alternative procedure for modifying rates and charges of a member cooperative
Status: in_force

(a) A member cooperative may propose a modification of its retail rates and charges to incorporate the proposed change in the generation and transmission cooperative's wholesale rates and charges filed under § 23-4-1104 if: (1) The member cooperative files its application for a modification of its retail rates and charges with the Arkansas Public Service Commission on the same date as the generation and transmission cooperative files its application for a modification of its change in wholesale rates and charges under § 23-4-1104 ; and (2) The member cooperative apportions its proposed change in rates and charges in a manner that reflects, as closely as practicable, its cost of providing service to each class. (b) Within ninety (90) days after a member cooperative files its application under subsection (a) of this section, the commission shall review and approve the modification of the rates and charges of a member cooperative's retail rates and charges that reasonably reflect those changes in the generation and transmission cooperative's wholesale rates and charges that were approved by the commission under § 23-4-1104 . Acts 2009, No. 676, § 1.

(a) A member cooperative may propose a modification of its retail rates and charges to incorporate the proposed change in the generation and transmission cooperative's wholesale rates and charges filed under § 23-4-1104 if: (1) The member cooperative files its application for a modification of its retail rates and charges with the Arkansas Public Service Commission on the same date as the generation and transmission cooperative files its application for a modification of its change in wholesale rates and charges under § 23-4-1104 ; and (2) The member cooperative apportions its proposed change in rates and charges in a manner that reflects, as closely as practicable, its cost of providing service to each class.

(1) The member cooperative files its application for a modification of its retail rates and charges with the Arkansas Public Service Commission on the same date as the generation and transmission cooperative files its application for a modification of its change in wholesale rates and charges under § 23-4-1104 ; and

(2) The member cooperative apportions its proposed change in rates and charges in a manner that reflects, as closely as practicable, its cost of providing service to each class.

(b) Within ninety (90) days after a member cooperative files its application under subsection (a) of this section, the commission shall review and approve the modification of the rates and charges of a member cooperative's retail rates and charges that reasonably reflect those changes in the generation and transmission cooperative's wholesale rates and charges that were approved by the commission under § 23-4-1104 .

Acts 2009, No. 676, § 1.
Ark. Code Ann. § 23-61-1003 — AR Code / Title 23 / Chapter 61 / Subchapter 10 / Section 23-61-1003
Definitions
Status: in_force

As used in this subchapter: (1) "Acute care hospital" means a hospital that: (A) Is licensed by the Department of Health under § 20-9-201 et seq., as a general hospital or a surgery and general medical care hospital; and (B) Is enrolled as a provider with the Arkansas Medicaid Program; (2) "Birthing hospital" means a hospital in this state or in a border state that: (A) Is licensed as a general hospital; (B) Provides obstetrics services; and (C) Is enrolled as a provider with the Arkansas Medicaid Program; (3) "Community bridge organization" means an organization that is authorized by the Department of Human Services to participate in the economic independence initiative or the health improvement initiative to: (A) Screen and refer Arkansans to resources available in their communities to address health-related social needs; and (B) Assist eligible individuals identified as target populations most at risk of disease and premature death and who need a higher level of intervention to improve their health outcomes and succeed in meeting their long-term goals to achieve independence, including economic independence; (4) "Cost sharing" means the portion of the cost of a covered medical service that is required to be paid by or on behalf of an eligible individual; (5) "Critical access hospital" means an acute care hospital that is: (A) Designated by the Centers for Medicare & Medicaid Services as a critical access hospital; and (B) Is enrolled as a provider in the Arkansas Medicaid Program; (6) "Economic independence initiative" means an initiative developed by the Department of Human Services that is designed to promote economic stability by encouraging participation of program participants to engage in full-time, full-year work, and to demonstrate the value of enrollment in an individual qualified health insurance plan through incentives and disincentives; (7) "Eligible individual" means an individual who is in the eligibility category created by section 1902(a)(10)(A)(i)(VIII) of the Social Security Act, 42 U.S.C. § 1396a ; (8) "Employer health insurance coverage" means a health insurance benefit plan offered by an employer or, as authorized by this subchapter, an employer self-funded insurance plan governed by the Employee Retirement Income Security Act of 1974, Pub. L. No. 93-406, as amended; (9) "Health improvement initiative" means an initiative developed by an individual qualified health insurance plan or the Department of Human Services that is designed to encourage the participation of eligible individuals in health assessments and wellness programs, including fitness programs and smoking or tobacco cessation programs; (10) "Health insurance benefit plan" means a policy, contract, certificate, or agreement offered or issued by a health insurer to provide, deliver, arrange for, pay for, or reimburse any of the costs of healthcare services, but not including excepted benefits as defined under 42 U.S.C. § 300gg-91(c) , as it existed on January 1, 2021; (11) "Health insurance marketplace" means the applicable entities that were designed to help individuals, families, and businesses in Arkansas shop for and select health insurance benefit plans in a way that permits comparison of available plans based upon price, benefits, services, and quality, and refers to either: (A) The Arkansas Health Insurance Marketplace created under the Arkansas Health Insurance Marketplace Act, § 23-61-801 et seq., or a successor entity; or (B) The federal health insurance marketplace or federal health benefit exchange created under the Patient Protection and Affordable Care Act, Pub. L. No. 111-148; (12) "Health insurer" means an insurer authorized by the State Insurance Department to provide health insurance or a health insurance benefit plan in the State of Arkansas, including without limitation: (A) An insurance company; (B) A medical services plan; (C) A hospital plan; (D) A hospital medical service corporation; (E) A health maintenance organization; (F) A fraternal benefits society; (G) Any other entity providing health insurance or a health insurance benefit plan subject to state insurance regulation; or (H) A risk-based provider organization licensed by the Insurance Commissioner under § 20-77-2704 ; (13) "Healthcare coverage" means coverage provided under this subchapter through either an individual qualified health insurance plan, a risk-based provider organization, employer health insurance coverage, or the fee-for-service Arkansas Medicaid Program; (14) "Individual qualified health insurance plan" means an individual health insurance benefit plan offered by a health insurer that participates in the health insurance marketplace to provide coverage in Arkansas that covers only essential health benefits as defined by Arkansas rule and 45 C.F.R. § 156.110 and any federal insurance regulations, as they existed on January 1, 2021; (15) "Member" means a program participant who is enrolled in an individual qualified health insurance plan; (16) "Premium" means a monthly fee that is required to be paid by or on behalf of an eligible individual to maintain some or all health insurance benefits; (17) "Program participant" means an eligible individual who: (A) Is at least nineteen (19) years of age and no more than sixty-four (64) years of age with an income that meets the income eligibility standards established by rule of the Department of Human Services; (B) Is authenticated to be a United States citizen or documented qualified alien according to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. No. 104-193; (C) Is not eligible for Medicare or advanced premium tax credits through the health insurance marketplace; and (D) Is not determined by the Department of Human Services to be medically frail or eligible for services through a risk-based provider organization; (18) "Risk-based provider organization" means the same as defined in § 20-77-2703 ; and (19) "Small rural hospital" means a critical access hospital or a general hospital that: (A) Is located in a rural area; (B) Has fifty (50) or fewer staffed beds; and (C) Is enrolled as a provider in the Arkansas Medicaid Program. Amended by Act 2021, No. 530,§ 1, eff. on and after January 1, 2022. Amended by Act 2017EX1, No. 6,§ 4, eff. 5/4/2017. Amended by Act 2017EX1, No. 3,§ 4, eff. 5/4/2017. Added by Act 2016EX2, No. 2,§ 1, eff. 4/8/2016. Added by Act 2016EX2, No. 1,§ 1, eff. 4/8/2016.

As used in this subchapter:

(1) "Acute care hospital" means a hospital that: (A) Is licensed by the Department of Health under § 20-9-201 et seq., as a general hospital or a surgery and general medical care hospital; and (B) Is enrolled as a provider with the Arkansas Medicaid Program;

(A) Is licensed by the Department of Health under § 20-9-201 et seq., as a general hospital or a surgery and general medical care hospital; and

(B) Is enrolled as a provider with the Arkansas Medicaid Program;

(2) "Birthing hospital" means a hospital in this state or in a border state that: (A) Is licensed as a general hospital; (B) Provides obstetrics services; and (C) Is enrolled as a provider with the Arkansas Medicaid Program;

(A) Is licensed as a general hospital;

(B) Provides obstetrics services; and

(C) Is enrolled as a provider with the Arkansas Medicaid Program;

(3) "Community bridge organization" means an organization that is authorized by the Department of Human Services to participate in the economic independence initiative or the health improvement initiative to: (A) Screen and refer Arkansans to resources available in their communities to address health-related social needs; and (B) Assist eligible individuals identified as target populations most at risk of disease and premature death and who need a higher level of intervention to improve their health outcomes and succeed in meeting their long-term goals to achieve independence, including economic independence;

(A) Screen and refer Arkansans to resources available in their communities to address health-related social needs; and

(B) Assist eligible individuals identified as target populations most at risk of disease and premature death and who need a higher level of intervention to improve their health outcomes and succeed in meeting their long-term goals to achieve independence, including economic independence;

(4) "Cost sharing" means the portion of the cost of a covered medical service that is required to be paid by or on behalf of an eligible individual;

(5) "Critical access hospital" means an acute care hospital that is: (A) Designated by the Centers for Medicare & Medicaid Services as a critical access hospital; and (B) Is enrolled as a provider in the Arkansas Medicaid Program;

(A) Designated by the Centers for Medicare & Medicaid Services as a critical access hospital; and

(B) Is enrolled as a provider in the Arkansas Medicaid Program;

(6) "Economic independence initiative" means an initiative developed by the Department of Human Services that is designed to promote economic stability by encouraging participation of program participants to engage in full-time, full-year work, and to demonstrate the value of enrollment in an individual qualified health insurance plan through incentives and disincentives;

(7) "Eligible individual" means an individual who is in the eligibility category created by section 1902(a)(10)(A)(i)(VIII) of the Social Security Act, 42 U.S.C. § 1396a ;

(8) "Employer health insurance coverage" means a health insurance benefit plan offered by an employer or, as authorized by this subchapter, an employer self-funded insurance plan governed by the Employee Retirement Income Security Act of 1974, Pub. L. No. 93-406, as amended;

(9) "Health improvement initiative" means an initiative developed by an individual qualified health insurance plan or the Department of Human Services that is designed to encourage the participation of eligible individuals in health assessments and wellness programs, including fitness programs and smoking or tobacco cessation programs;

(10) "Health insurance benefit plan" means a policy, contract, certificate, or agreement offered or issued by a health insurer to provide, deliver, arrange for, pay for, or reimburse any of the costs of healthcare services, but not including excepted benefits as defined under 42 U.S.C. § 300gg-91(c) , as it existed on January 1, 2021;

(11) "Health insurance marketplace" means the applicable entities that were designed to help individuals, families, and businesses in Arkansas shop for and select health insurance benefit plans in a way that permits comparison of available plans based upon price, benefits, services, and quality, and refers to either: (A) The Arkansas Health Insurance Marketplace created under the Arkansas Health Insurance Marketplace Act, § 23-61-801 et seq., or a successor entity; or (B) The federal health insurance marketplace or federal health benefit exchange created under the Patient Protection and Affordable Care Act, Pub. L. No. 111-148;

(A) The Arkansas Health Insurance Marketplace created under the Arkansas Health Insurance Marketplace Act, § 23-61-801 et seq., or a successor entity; or

(B) The federal health insurance marketplace or federal health benefit exchange created under the Patient Protection and Affordable Care Act, Pub. L. No. 111-148;

(12) "Health insurer" means an insurer authorized by the State Insurance Department to provide health insurance or a health insurance benefit plan in the State of Arkansas, including without limitation: (A) An insurance company; (B) A medical services plan; (C) A hospital plan; (D) A hospital medical service corporation; (E) A health maintenance organization; (F) A fraternal benefits society; (G) Any other entity providing health insurance or a health insurance benefit plan subject to state insurance regulation; or (H) A risk-based provider organization licensed by the Insurance Commissioner under § 20-77-2704 ;

(A) An insurance company;

(B) A medical services plan;

(C) A hospital plan;

(D) A hospital medical service corporation;

(E) A health maintenance organization;

(F) A fraternal benefits society;

(G) Any other entity providing health insurance or a health insurance benefit plan subject to state insurance regulation; or

(H) A risk-based provider organization licensed by the Insurance Commissioner under § 20-77-2704 ;

(13) "Healthcare coverage" means coverage provided under this subchapter through either an individual qualified health insurance plan, a risk-based provider organization, employer health insurance coverage, or the fee-for-service Arkansas Medicaid Program;

(14) "Individual qualified health insurance plan" means an individual health insurance benefit plan offered by a health insurer that participates in the health insurance marketplace to provide coverage in Arkansas that covers only essential health benefits as defined by Arkansas rule and 45 C.F.R. § 156.110 and any federal insurance regulations, as they existed on January 1, 2021;

(15) "Member" means a program participant who is enrolled in an individual qualified health insurance plan;

(16) "Premium" means a monthly fee that is required to be paid by or on behalf of an eligible individual to maintain some or all health insurance benefits;

(17) "Program participant" means an eligible individual who: (A) Is at least nineteen (19) years of age and no more than sixty-four (64) years of age with an income that meets the income eligibility standards established by rule of the Department of Human Services; (B) Is authenticated to be a United States citizen or documented qualified alien according to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. No. 104-193; (C) Is not eligible for Medicare or advanced premium tax credits through the health insurance marketplace; and (D) Is not determined by the Department of Human Services to be medically frail or eligible for services through a risk-based provider organization;

(A) Is at least nineteen (19) years of age and no more than sixty-four (64) years of age with an income that meets the income eligibility standards established by rule of the Department of Human Services;

(B) Is authenticated to be a United States citizen or documented qualified alien according to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. No. 104-193;

(C) Is not eligible for Medicare or advanced premium tax credits through the health insurance marketplace; and

(D) Is not determined by the Department of Human Services to be medically frail or eligible for services through a risk-based provider organization;

(18) "Risk-based provider organization" means the same as defined in § 20-77-2703 ; and

(19) "Small rural hospital" means a critical access hospital or a general hospital that: (A) Is located in a rural area; (B) Has fifty (50) or fewer staffed beds; and (C) Is enrolled as a provider in the Arkansas Medicaid Program.

(A) Is located in a rural area;

(B) Has fifty (50) or fewer staffed beds; and

(C) Is enrolled as a provider in the Arkansas Medicaid Program.

Amended by Act 2021, No. 530,§ 1, eff. on and after January 1, 2022.

Amended by Act 2017EX1, No. 6,§ 4, eff. 5/4/2017.

Amended by Act 2017EX1, No. 3,§ 4, eff. 5/4/2017.

Added by Act 2016EX2, No. 2,§ 1, eff. 4/8/2016.

Added by Act 2016EX2, No. 1,§ 1, eff. 4/8/2016.
Ark. Code Ann. § 23-48-902 — AR Code / Title 23 / Chapter 48 / Subchapter 9 / Section 23-48-902
Authority of state banks to establish interstate branches by merger
Status: in_force

(a) With the prior approval of the State Banking Board and the Bank Commissioner, a state bank may establish, maintain, and operate one (1) or more branches in one (1) or more states other than Arkansas pursuant to an interstate merger transaction in which the state bank is the resulting bank. (b) Not later than the date on which the required application for the interstate merger transaction is filed with the responsible federal bank supervisory agency, the applicant state bank shall file an application on a form prescribed by the commissioner and pay the fee prescribed by § 23-46-404 . The applicant shall also comply with the applicable provisions of § 23-48-501 et seq. (c) (1) If the board and commissioner, after a hearing, find that: (A) The proposed merger provides adequate capital structure; (B) The terms of the merger agreement are fair; (C) The merger is not contrary to the public interest; (D) The proposed merger adequately provides for dissenters' rights; and (E) The requirements of all applicable state and federal laws have been complied with, then the board and the commissioner shall approve the interstate merger transaction and the operation of branches outside of Arkansas by the state bank. (2) An interstate merger transaction may be consummated only after the applicant has received the written approval of the board and the commissioner. Acts 1997, No. 408, § 20.

(a) With the prior approval of the State Banking Board and the Bank Commissioner, a state bank may establish, maintain, and operate one (1) or more branches in one (1) or more states other than Arkansas pursuant to an interstate merger transaction in which the state bank is the resulting bank.

(b) Not later than the date on which the required application for the interstate merger transaction is filed with the responsible federal bank supervisory agency, the applicant state bank shall file an application on a form prescribed by the commissioner and pay the fee prescribed by § 23-46-404 . The applicant shall also comply with the applicable provisions of § 23-48-501 et seq.

(c) (1) If the board and commissioner, after a hearing, find that: (A) The proposed merger provides adequate capital structure; (B) The terms of the merger agreement are fair; (C) The merger is not contrary to the public interest; (D) The proposed merger adequately provides for dissenters' rights; and (E) The requirements of all applicable state and federal laws have been complied with, then the board and the commissioner shall approve the interstate merger transaction and the operation of branches outside of Arkansas by the state bank. (2) An interstate merger transaction may be consummated only after the applicant has received the written approval of the board and the commissioner.

(1) If the board and commissioner, after a hearing, find that: (A) The proposed merger provides adequate capital structure; (B) The terms of the merger agreement are fair; (C) The merger is not contrary to the public interest; (D) The proposed merger adequately provides for dissenters' rights; and (E) The requirements of all applicable state and federal laws have been complied with, then the board and the commissioner shall approve the interstate merger transaction and the operation of branches outside of Arkansas by the state bank.

(A) The proposed merger provides adequate capital structure;

(B) The terms of the merger agreement are fair;

(C) The merger is not contrary to the public interest;

(D) The proposed merger adequately provides for dissenters' rights; and

(E) The requirements of all applicable state and federal laws have been complied with, then the board and the commissioner shall approve the interstate merger transaction and the operation of branches outside of Arkansas by the state bank.

then the board and the commissioner shall approve the interstate merger transaction and the operation of branches outside of Arkansas by the state bank.

(2) An interstate merger transaction may be consummated only after the applicant has received the written approval of the board and the commissioner.

Acts 1997, No. 408, § 20.
Ark. Code Ann. § 23-95-101 — AR Code / Title 23 / Chapter 95 / Section 23-95-101
Purpose
Status: in_force

The purpose of this chapter is to provide for the establishment of risk-sharing plans for property or casualty insurance if the Insurance Commissioner determines that the insurance is not reasonably available in the voluntary market for the citizens of this state. This chapter is not intended to conflict with the provisions as to other risk-sharing plans established under prior law or in the Arkansas Insurance Code and, in particular, the provisions of §§ 23-88-301 and 27-19-106 . Acts 1987, No. 896, § 1.

The purpose of this chapter is to provide for the establishment of risk-sharing plans for property or casualty insurance if the Insurance Commissioner determines that the insurance is not reasonably available in the voluntary market for the citizens of this state. This chapter is not intended to conflict with the provisions as to other risk-sharing plans established under prior law or in the Arkansas Insurance Code and, in particular, the provisions of §§ 23-88-301 and 27-19-106 .

Acts 1987, No. 896, § 1.
Ark. Code Ann. § 23-37-504 — AR Code / Title 23 / Chapter 37 / Subchapter 5 / Section 23-37-504
Accounts of deceased nonresidents
Status: in_force

(a) When a savings account is held in any association or federal association by a person residing in another state or country, the account, together with additions thereto and earnings thereon, or any part thereof, may be paid to the administrator or executor appointed in the state or country where the account holder resided at the time of death if the administrator or executor has furnished the association with: (1) Authenticated or certified copies of his or her letters; and (2) An affidavit by the administrator or executor that, to his or her knowledge, no letters then are outstanding in this state and no petition for letters is pending on the estate in this state, and that there are no creditors of the estate in this state. (b) Upon payment or delivery to the representative after receipt of the affidavit and authenticated copies, the association shall be released and discharged to the same extent as if the payment or delivery had been made to a legally qualified resident executor or administrator, and the association shall not be required to see to the application or disposition of the property. (c) No action at law or in equity shall be maintained against the association for payment made in accordance with this section. Acts 1963, No. 227, § 42; A.S.A. 1947, § 67-1842.

(a) When a savings account is held in any association or federal association by a person residing in another state or country, the account, together with additions thereto and earnings thereon, or any part thereof, may be paid to the administrator or executor appointed in the state or country where the account holder resided at the time of death if the administrator or executor has furnished the association with: (1) Authenticated or certified copies of his or her letters; and (2) An affidavit by the administrator or executor that, to his or her knowledge, no letters then are outstanding in this state and no petition for letters is pending on the estate in this state, and that there are no creditors of the estate in this state.

(1) Authenticated or certified copies of his or her letters; and

(2) An affidavit by the administrator or executor that, to his or her knowledge, no letters then are outstanding in this state and no petition for letters is pending on the estate in this state, and that there are no creditors of the estate in this state.

(b) Upon payment or delivery to the representative after receipt of the affidavit and authenticated copies, the association shall be released and discharged to the same extent as if the payment or delivery had been made to a legally qualified resident executor or administrator, and the association shall not be required to see to the application or disposition of the property.

(c) No action at law or in equity shall be maintained against the association for payment made in accordance with this section.

Acts 1963, No. 227, § 42; A.S.A. 1947, § 67-1842.
Ark. Code Ann. § 23-79-408 — AR Code / Title 23 / Chapter 79 / Subchapter 4 / Section 23-79-408
Filing requirements for advertising
Status: in_force

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 to its use in this state. Acts 1992 (1st Ex. Sess.), No. 72, § 3.

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 to its use in this state.

Acts 1992 (1st Ex. Sess.), No. 72, § 3.
Ark. Code Ann. § 23-64-518 — AR Code / Title 23 / Chapter 64 / Subchapter 5 / Section 23-64-518
Rules
Status: in_force

The Insurance Commissioner may, in accordance with § 23-61-108 , promulgate reasonable rules as are necessary or proper to carry out the purposes of this subchapter. Amended by Act 2019, No. 315,§ 2659, eff. 7/24/2019. Acts 2001, No. 580, § 1.

The Insurance Commissioner may, in accordance with § 23-61-108 , promulgate reasonable rules as are necessary or proper to carry out the purposes of this subchapter.

Amended by Act 2019, No. 315,§ 2659, eff. 7/24/2019.

Acts 2001, No. 580, § 1.
Ark. Code Ann. § 23-10-107 — AR Code / Title 23 / Chapter 10 / Subchapter 1 / Section 23-10-107
Railroads - Free transportation for officers, agents, etc
Status: in_force

Nothing contained in this act shall make unlawful the issuance of free transportation to employees, widows and widowers of deceased employees, officers, agents, surgeons, physicians, and attorneys for common carrier railroad companies, or for dependent members of their families. Acts 1887, No. 81, § 1, p. 113; C. & M. Dig., § 848; Acts 1937, No. 131, § 1; Pope's Dig., § 1052; Acts 1961, No. 247, § 1; A.S.A. 1947, § 73-1504.

Nothing contained in this act shall make unlawful the issuance of free transportation to employees, widows and widowers of deceased employees, officers, agents, surgeons, physicians, and attorneys for common carrier railroad companies, or for dependent members of their families.

Acts 1887, No. 81, § 1, p. 113; C. & M. Dig., § 848; Acts 1937, No. 131, § 1; Pope's Dig., § 1052; Acts 1961, No. 247, § 1; A.S.A. 1947, § 73-1504.
Ark. Code Ann. § 23-67-409 — AR Code / Title 23 / Chapter 67 / Subchapter 4 / Section 23-67-409
Filing
Status: in_force

(a) (1) Insurers that use credit scores to underwrite or rate risks shall file their scoring models or other scoring processes with the State Insurance Department. (2) A third party may file scoring models on behalf of insurers. (3) A filing that includes credit scoring shall include loss experience justifying the use of credit information. (b) Any proprietary consumer report scoring system or model filed with the Insurance Commissioner under this subchapter shall remain confidential unless otherwise directed by a court order. Acts 2003, No. 1452, § 2.

(a) (1) Insurers that use credit scores to underwrite or rate risks shall file their scoring models or other scoring processes with the State Insurance Department. (2) A third party may file scoring models on behalf of insurers. (3) A filing that includes credit scoring shall include loss experience justifying the use of credit information.

(1) Insurers that use credit scores to underwrite or rate risks shall file their scoring models or other scoring processes with the State Insurance Department.

(2) A third party may file scoring models on behalf of insurers.

(3) A filing that includes credit scoring shall include loss experience justifying the use of credit information.

(b) Any proprietary consumer report scoring system or model filed with the Insurance Commissioner under this subchapter shall remain confidential unless otherwise directed by a court order.

Acts 2003, No. 1452, § 2.
Ark. Code Ann. § 23-61-106 — AR Code / Title 23 / Chapter 61 / Subchapter 1 / Section 23-61-106
Insurance Commissioner, deputies, assistants, and other employees - Financial interest prohibited - Exception
Status: in_force

(a) The Insurance Commissioner, any deputy, examiner, assistant, or employee of the commissioner, or any employee of the Department of Commerce working for the State Insurance Department shall not be financially interested, directly or indirectly, in any insurer, insurance agency, or insurance transaction, except as: (1) A policyholder or claimant under a policy; (2) A grantor of a mortgage or similar instrument on the person's residence to an entity regulated under the Arkansas Insurance Code if done under customary terms and in the ordinary course of business; or (3) A settlor or beneficiary of a blind trust into which any otherwise impermissible holdings have been placed, provided that the commissioner may make reasonable exceptions upon full and complete written disclosure to the commissioner of the exact nature and extent of the otherwise impermissible financial interest and adhering to any and all reasonable restrictions as the commissioner may impose upon the terms and conditions of employment. (b) Notwithstanding the requirements of subsection (a) of this section, the commissioner may employ or retain, from time to time, insurance actuaries, technicians, or other professional personnel who are independently practicing their professions even though similarly employed or retained by insurers or others. (c) The commissioner, any assistant, deputy, examiner, or other employee of the commissioner, or any employee of the Department of Commerce working for the State Insurance Department shall not be given nor receive any fee, compensation, loan, gift, or other thing of value in addition to the compensation and expense allowance provided pursuant to law for any service rendered or to be rendered as commissioner, deputy, examiner, or employee, or in connection therewith. Amended by Act 2019, No. 910,§ 595, eff. 7/1/2019. Acts 1959, No. 148, § 21; A.S.A. 1947, § 66-2106; Acts 1991, No. 723, § 1; 1999, No. 304, § 1; 2001, No. 1604, § 4.

(a) The Insurance Commissioner, any deputy, examiner, assistant, or employee of the commissioner, or any employee of the Department of Commerce working for the State Insurance Department shall not be financially interested, directly or indirectly, in any insurer, insurance agency, or insurance transaction, except as: (1) A policyholder or claimant under a policy; (2) A grantor of a mortgage or similar instrument on the person's residence to an entity regulated under the Arkansas Insurance Code if done under customary terms and in the ordinary course of business; or (3) A settlor or beneficiary of a blind trust into which any otherwise impermissible holdings have been placed, provided that the commissioner may make reasonable exceptions upon full and complete written disclosure to the commissioner of the exact nature and extent of the otherwise impermissible financial interest and adhering to any and all reasonable restrictions as the commissioner may impose upon the terms and conditions of employment.

(1) A policyholder or claimant under a policy;

(2) A grantor of a mortgage or similar instrument on the person's residence to an entity regulated under the Arkansas Insurance Code if done under customary terms and in the ordinary course of business; or

(3) A settlor or beneficiary of a blind trust into which any otherwise impermissible holdings have been placed, provided that the commissioner may make reasonable exceptions upon full and complete written disclosure to the commissioner of the exact nature and extent of the otherwise impermissible financial interest and adhering to any and all reasonable restrictions as the commissioner may impose upon the terms and conditions of employment.

(b) Notwithstanding the requirements of subsection (a) of this section, the commissioner may employ or retain, from time to time, insurance actuaries, technicians, or other professional personnel who are independently practicing their professions even though similarly employed or retained by insurers or others.

(c) The commissioner, any assistant, deputy, examiner, or other employee of the commissioner, or any employee of the Department of Commerce working for the State Insurance Department shall not be given nor receive any fee, compensation, loan, gift, or other thing of value in addition to the compensation and expense allowance provided pursuant to law for any service rendered or to be rendered as commissioner, deputy, examiner, or employee, or in connection therewith.

Amended by Act 2019, No. 910,§ 595, eff. 7/1/2019.

Acts 1959, No. 148, § 21; A.S.A. 1947, § 66-2106; Acts 1991, No. 723, § 1; 1999, No. 304, § 1; 2001, No. 1604, § 4.
Ark. Code Ann. § 23-18-512 — AR Code / Title 23 / Chapter 18 / Subchapter 5 / Section 23-18-512
Application for certificate - Filing fees
Status: in_force

An initial filing fee of five hundred dollars ($500) shall accompany each application for a certificate of environmental compatibility and public need. Acts 1973, No. 164, § 5; 1977, No. 866, § 1; A.S.A. 1947, § 73-276.4.

An initial filing fee of five hundred dollars ($500) shall accompany each application for a certificate of environmental compatibility and public need.

Acts 1973, No. 164, § 5; 1977, No. 866, § 1; A.S.A. 1947, § 73-276.4.
Ark. Code Ann. § 23-83-103 — AR Code / Title 23 / Chapter 83 / Section 23-83-103
Labor union groups
Status: in_force

A policy issued to a labor union or similar employer organization, which shall be deemed to be the policyholder, to insure members of the union or organization for the benefit of persons other than the union or organization or any of its officials, representatives, or agents, subject to the following requirements: (1) The members eligible for insurance under the policy shall be all of the members of the union or organization, or all members of any classes thereof; (2) (A) The premium for the policy shall be paid either from funds of the union or from funds contributed by the insured members specifically for their insurance, or from insurance, or from both. (B) Except as provided in subdivision (3) of this section, a policy on which no part of the premium is to be derived from funds contributed by the insured members specifically for their insurance must insure all eligible members, except those who reject such coverage in writing; and (3) An insurer may exclude or limit the coverage on any person as to whom evidence of individual insurability is not satisfactory to the insurer. Acts 1981, No. 898, § 3; A.S.A. 1947, § 66-3503.

A policy issued to a labor union or similar employer organization, which shall be deemed to be the policyholder, to insure members of the union or organization for the benefit of persons other than the union or organization or any of its officials, representatives, or agents, subject to the following requirements:

(1) The members eligible for insurance under the policy shall be all of the members of the union or organization, or all members of any classes thereof;

(2) (A) The premium for the policy shall be paid either from funds of the union or from funds contributed by the insured members specifically for their insurance, or from insurance, or from both. (B) Except as provided in subdivision (3) of this section, a policy on which no part of the premium is to be derived from funds contributed by the insured members specifically for their insurance must insure all eligible members, except those who reject such coverage in writing; and

(A) The premium for the policy shall be paid either from funds of the union or from funds contributed by the insured members specifically for their insurance, or from insurance, or from both.

(B) Except as provided in subdivision (3) of this section, a policy on which no part of the premium is to be derived from funds contributed by the insured members specifically for their insurance must insure all eligible members, except those who reject such coverage in writing; and

(3) An insurer may exclude or limit the coverage on any person as to whom evidence of individual insurability is not satisfactory to the insurer.

Acts 1981, No. 898, § 3; A.S.A. 1947, § 66-3503.
Ark. Code Ann. § 23-115-302 — AR Code / Title 23 / Chapter 115 / Subchapter 3 / Section 23-115-302
Duties of director
Status: in_force

(a) The Director of the Office of the Arkansas Lottery shall direct and supervise all administrative and technical activities related to the operation of a lottery in accordance with this chapter and with rules adopted by the Office of the Arkansas Lottery. (b) The Director of the Office of the Arkansas Lottery shall: (1) Facilitate the initiation and supervise and administer the operation of the lotteries; (2) Direct personnel as deemed necessary; (3) Employ and compensate persons and firms as deemed necessary; (4) Appoint, select, and employ officers, agents, and employees, including professional and administrative staff and personnel and hearing officers, and fix their compensation and pay their expenses as authorized by Arkansas law; (5) Promote or provide for the promotion of lotteries and any functions related to the operation of a lottery; (6) (A) Prepare a budget of the office with the information and in the form and manner required by the Chief Fiscal Officer of the State. (B) The budget shall be presented to the Legislative Council before each regular session for presession budget meetings with Joint Budget Committee members attending under § 10-3-507 ; (7) Require bond from retailers and vendors in amounts as required by the office; (8) Report monthly to the office and the Legislative Council a complete statement of lottery revenues and expenses for the preceding month and an accompanying statement of net assets; (9) Annually by November 15, report to the Legislative Council the following: (A) For the immediately preceding fiscal year: (i) The total amount of net proceeds from the state lottery; and (ii) The amounts deposited into and disbursed from the Scholarship Shortfall Reserve Trust Account under § 23-115-802 ; and (B) The office's projection for net proceeds from the state lottery for the current fiscal year; and (10) Perform other duties generally associated with a director of an organization of an entrepreneurial nature. (c) The Director of the Office of the Arkansas Lottery may for good cause suspend, revoke, or refuse to renew any contract or license entered into in accordance with this chapter and the rules of the office. (d) The Director of the Office of the Arkansas Lottery or his or her designee may conduct hearings and administer oaths to persons to assure the security and integrity of lottery operations or to determine the qualifications of or compliance by vendors and retailers. Amended by Act 2015, No. 1258,§ 27, eff. 7/22/2015. Amended by Act 2015, No. 218,§ 25, eff. 2/26/2015. Acts 2009, No. 605, § 1; 2009, No. 606, § 1; 2010, No. 265, § 26; 2010, No. 294, § 26; 2011, No. 207, § 25.

(a) The Director of the Office of the Arkansas Lottery shall direct and supervise all administrative and technical activities related to the operation of a lottery in accordance with this chapter and with rules adopted by the Office of the Arkansas Lottery.

(b) The Director of the Office of the Arkansas Lottery shall: (1) Facilitate the initiation and supervise and administer the operation of the lotteries; (2) Direct personnel as deemed necessary; (3) Employ and compensate persons and firms as deemed necessary; (4) Appoint, select, and employ officers, agents, and employees, including professional and administrative staff and personnel and hearing officers, and fix their compensation and pay their expenses as authorized by Arkansas law; (5) Promote or provide for the promotion of lotteries and any functions related to the operation of a lottery; (6) (A) Prepare a budget of the office with the information and in the form and manner required by the Chief Fiscal Officer of the State. (B) The budget shall be presented to the Legislative Council before each regular session for presession budget meetings with Joint Budget Committee members attending under § 10-3-507 ; (7) Require bond from retailers and vendors in amounts as required by the office; (8) Report monthly to the office and the Legislative Council a complete statement of lottery revenues and expenses for the preceding month and an accompanying statement of net assets; (9) Annually by November 15, report to the Legislative Council the following: (A) For the immediately preceding fiscal year: (i) The total amount of net proceeds from the state lottery; and (ii) The amounts deposited into and disbursed from the Scholarship Shortfall Reserve Trust Account under § 23-115-802 ; and (B) The office's projection for net proceeds from the state lottery for the current fiscal year; and (10) Perform other duties generally associated with a director of an organization of an entrepreneurial nature.

(1) Facilitate the initiation and supervise and administer the operation of the lotteries;

(2) Direct personnel as deemed necessary;

(3) Employ and compensate persons and firms as deemed necessary;

(4) Appoint, select, and employ officers, agents, and employees, including professional and administrative staff and personnel and hearing officers, and fix their compensation and pay their expenses as authorized by Arkansas law;

(5) Promote or provide for the promotion of lotteries and any functions related to the operation of a lottery;

(6) (A) Prepare a budget of the office with the information and in the form and manner required by the Chief Fiscal Officer of the State. (B) The budget shall be presented to the Legislative Council before each regular session for presession budget meetings with Joint Budget Committee members attending under § 10-3-507 ;

(A) Prepare a budget of the office with the information and in the form and manner required by the Chief Fiscal Officer of the State.

(B) The budget shall be presented to the Legislative Council before each regular session for presession budget meetings with Joint Budget Committee members attending under § 10-3-507 ;

(7) Require bond from retailers and vendors in amounts as required by the office;

(8) Report monthly to the office and the Legislative Council a complete statement of lottery revenues and expenses for the preceding month and an accompanying statement of net assets;

(9) Annually by November 15, report to the Legislative Council the following: (A) For the immediately preceding fiscal year: (i) The total amount of net proceeds from the state lottery; and (ii) The amounts deposited into and disbursed from the Scholarship Shortfall Reserve Trust Account under § 23-115-802 ; and (B) The office's projection for net proceeds from the state lottery for the current fiscal year; and

(A) For the immediately preceding fiscal year: (i) The total amount of net proceeds from the state lottery; and (ii) The amounts deposited into and disbursed from the Scholarship Shortfall Reserve Trust Account under § 23-115-802 ; and

(i) The total amount of net proceeds from the state lottery; and

(ii) The amounts deposited into and disbursed from the Scholarship Shortfall Reserve Trust Account under § 23-115-802 ; and

(B) The office's projection for net proceeds from the state lottery for the current fiscal year; and

(10) Perform other duties generally associated with a director of an organization of an entrepreneurial nature.

(c) The Director of the Office of the Arkansas Lottery may for good cause suspend, revoke, or refuse to renew any contract or license entered into in accordance with this chapter and the rules of the office.

(d) The Director of the Office of the Arkansas Lottery or his or her designee may conduct hearings and administer oaths to persons to assure the security and integrity of lottery operations or to determine the qualifications of or compliance by vendors and retailers.

Amended by Act 2015, No. 1258,§ 27, eff. 7/22/2015.

Amended by Act 2015, No. 218,§ 25, eff. 2/26/2015.

Acts 2009, No. 605, § 1; 2009, No. 606, § 1; 2010, No. 265, § 26; 2010, No. 294, § 26; 2011, No. 207, § 25.
Ark. Code Ann. § 23-48-501 — AR Code / Title 23 / Chapter 48 / Subchapter 5 / Section 23-48-501
Definitions
Status: in_force

As used in this subchapter: (1) "Converting bank" means a state bank converting to a national bank, a national bank converting to a state bank, or a savings and loan association converting to a state bank; (2) "Dissenters' rights" means the rights of dissenting stockholders specified in § 23-48-506 ; (3) "Interstate merger transaction" means: (A) The merger or consolidation of banks with different home states and the conversion of branches of any bank involved in the merger or consolidation into branches of the resulting bank; or (B) The purchase of all or substantially all of the assets, including all or substantially all of the branches and the assumption of all or substantially all of the liabilities of a bank whose home state is different from the home state of the acquiring bank; (4) "Merger" includes consolidation in all sections of this subchapter except § 23-48-509 ; (5) "Purchase or assumption" means the purchase by a state bank of over fifty percent (50%) of the assets of another depository institution, or the assumption by a state bank of over fifty percent (50%) of the liabilities of another depository institution; (6) "Resulting bank" means: (A) One (1) or more banks created from a merger or conversion; or (B) The bank purchasing over fifty percent (50%) of the assets or assuming over fifty percent (50%) of the liabilities of another depository institution in a purchase or assumption transaction or an interstate merger transaction; and (7) "Wholly owned Arkansas bank holding company" means a "bank holding company", as that term is defined in § 23-45-102 , incorporated under the laws of the State of Arkansas, all of the outstanding shares of each class of the capital stock of which are owned by a single individual or entity. Acts 1997, No. 89, § 1; 1997, No. 408, § 12; 2007, No. 170, § 1.

As used in this subchapter:

(1) "Converting bank" means a state bank converting to a national bank, a national bank converting to a state bank, or a savings and loan association converting to a state bank;

(2) "Dissenters' rights" means the rights of dissenting stockholders specified in § 23-48-506 ;

(3) "Interstate merger transaction" means: (A) The merger or consolidation of banks with different home states and the conversion of branches of any bank involved in the merger or consolidation into branches of the resulting bank; or (B) The purchase of all or substantially all of the assets, including all or substantially all of the branches and the assumption of all or substantially all of the liabilities of a bank whose home state is different from the home state of the acquiring bank;

(A) The merger or consolidation of banks with different home states and the conversion of branches of any bank involved in the merger or consolidation into branches of the resulting bank; or

(B) The purchase of all or substantially all of the assets, including all or substantially all of the branches and the assumption of all or substantially all of the liabilities of a bank whose home state is different from the home state of the acquiring bank;

(4) "Merger" includes consolidation in all sections of this subchapter except § 23-48-509 ;

(5) "Purchase or assumption" means the purchase by a state bank of over fifty percent (50%) of the assets of another depository institution, or the assumption by a state bank of over fifty percent (50%) of the liabilities of another depository institution;

(6) "Resulting bank" means: (A) One (1) or more banks created from a merger or conversion; or (B) The bank purchasing over fifty percent (50%) of the assets or assuming over fifty percent (50%) of the liabilities of another depository institution in a purchase or assumption transaction or an interstate merger transaction; and

(A) One (1) or more banks created from a merger or conversion; or

(B) The bank purchasing over fifty percent (50%) of the assets or assuming over fifty percent (50%) of the liabilities of another depository institution in a purchase or assumption transaction or an interstate merger transaction; and

(7) "Wholly owned Arkansas bank holding company" means a "bank holding company", as that term is defined in § 23-45-102 , incorporated under the laws of the State of Arkansas, all of the outstanding shares of each class of the capital stock of which are owned by a single individual or entity.

Acts 1997, No. 89, § 1; 1997, No. 408, § 12; 2007, No. 170, § 1.
Ark. Code Ann. § 23-77-103 — AR Code / Title 23 / Chapter 77 / Section 23-77-103
Penalty
Status: in_force

(a) It shall be unlawful for any person, firm, association, copartnership, corporation, company, or other organization to organize, operate, or in any way solicit members for an automobile club or association or offer any of the motor club services as defined in § 23-77-101 , except in the manner provided in this chapter and under the rules promulgated by the Insurance Commissioner. (b) Any person, firm, association, copartnership, corporation, company, or other organization violating the provisions of this section shall be guilty of a Class A misdemeanor. Amended by Act 2019, No. 315,§ 2704, eff. 7/24/2019. Acts 1955, No. 377, § 7; A.S.A. 1947, § 75-1607; Acts 2005, No. 1994, § 357.

(a) It shall be unlawful for any person, firm, association, copartnership, corporation, company, or other organization to organize, operate, or in any way solicit members for an automobile club or association or offer any of the motor club services as defined in § 23-77-101 , except in the manner provided in this chapter and under the rules promulgated by the Insurance Commissioner.

(b) Any person, firm, association, copartnership, corporation, company, or other organization violating the provisions of this section shall be guilty of a Class A misdemeanor.

Amended by Act 2019, No. 315,§ 2704, eff. 7/24/2019.

Acts 1955, No. 377, § 7; A.S.A. 1947, § 75-1607; Acts 2005, No. 1994, § 357.
Ark. Code Ann. § 23-97-304 — AR Code / Title 23 / Chapter 97 / Subchapter 3 / Section 23-97-304
Definitions
Status: in_force

As used in this subchapter: (1) "Applicant" means: (A) In the case of an individual long-term care insurance policy, the person who seeks to contract for benefits; and (B) In the case of a group long-term care insurance policy, the proposed certificate holder; (2) "Association" means a professional, trade, or occupational association or associations, if the association: (A) Is composed entirely of individuals that are or were actively engaged in the same profession, trade, or occupation; and (B) Has been maintained in good faith for purposes other than obtaining insurance; (3) "Certificate" means any certificate issued under a group long-term care insurance policy delivered or issued for delivery in this state; (4) "Commissioner" means the Insurance Commissioner; (5) "Federally tax-qualified long-term care insurance contract" means: (A) An individual or group insurance contract that meets the following requirements of section 7702B(b) of the Internal Revenue Code of 1986: (i) (a) The only insurance protection provided under the contract is coverage of qualified long-term care services. (b) A contract satisfies the requirements of this subdivision (5)(A)(i) even though payments are made on a per diem or other periodic basis without regard to the expenses incurred during the period to which the payments relate; (ii) (a) The contract does not pay or reimburse expenses incurred for services or items to the extent that the expenses: (1) Are reimbursable under Title XVIII of the Social Security Act; or (2) Would be reimbursable but for the application of a deductible or coinsurance amount. (b) The requirements of this subdivision (5)(A)(ii) do not apply to expenses that are reimbursable under Title XVIII of the Social Security Act only as a secondary payor. (c) A contract satisfies the requirements of this subdivision (5)(A)(ii) even though payments are made on a per diem or other periodic basis without regard to the expenses incurred during the period to which the payments relate; (iii) The contract is guaranteed renewable under section 7702B(b)(1)(C) of the Internal Revenue Code of 1986; (iv) The contract does not provide for a cash surrender value or other money that can be paid, assigned, pledged as collateral for a loan, or borrowed, except as provided in subdivision (5)(A)(v) of this section; (v) All refunds of premiums, policyholder dividends, or similar amounts under the contract are to be applied as a reduction in future premiums or to increase future benefits, except that a refund in the event of the death of the insured or a complete surrender or cancellation of the contract cannot exceed the aggregate premiums paid under the contract; and (vi) The contract meets the consumer protection provisions set forth in section 7702B(g) of the Internal Revenue Code of 1986; or (B) The portion of a life insurance contract that provides long-term care insurance coverage by rider or as part of the contract and that satisfies the requirements of sections 7702B(b) and 7702B(e) of the Internal Revenue Code of 1986; (6) "Group long-term care insurance" means a long-term care insurance policy that is delivered or issued for delivery in this state and issued for the benefit of its current, former, or retired employees or members to one (1) or more: (A) Employers, labor organizations, associations, or a trust or to the trustees of a fund established by one (1) or more employers or labor organizations; or (B) Any other group if the commissioner finds that the issuance of the group policy: (i) Is not contrary to the best interest of the public; (ii) Results in economies of acquisition or administration; and (iii) Results in benefits that are reasonable in relation to the premiums charged; (7) (A) "Long-term care insurance" means any insurance policy or rider advertised, marketed, offered, or designed to provide coverage for one (1) or more necessary or medically necessary diagnostic, preventive, therapeutic, rehabilitative, maintenance, or personal care services: (i) For not less than twelve (12) consecutive months for each covered person on an expense incurred, indemnity, prepaid, or other basis; and (ii) Provided in a setting other than an acute care unit of a hospital. (B) "Long-term care insurance" includes, but is not limited to: (i) Group and individual annuities and life insurance policies or riders that provide directly or supplement long-term care insurance; (ii) A policy or rider that provides for payment of benefits based upon cognitive impairment or the loss of functional capacity; and (iii) Qualified long-term care insurance contracts. (C) Long-term care insurance may be issued by: (i) Insurers; (ii) Fraternal benefit societies; (iii) Nonprofit health, hospital, and medical service corporations; (iv) Prepaid health plans; (v) Health maintenance organizations; or (vi) Any similar organization to the extent that the organization is otherwise authorized to issue life or health insurance. (D) "Long-term care insurance" shall not include any insurance policy that is offered primarily to provide: (i) Basic Medicare supplement coverage; (ii) Basic hospital expense coverage; (iii) Basic medical-surgical expense coverage; (iv) Hospital confinement indemnity coverage; (v) Major medical expense coverage; (vi) Disability income or related asset-protection coverage; (vii) Accident-only coverage; (viii) Specified disease or specified accident coverage; or (ix) Limited benefit health coverage. (E) "Long-term care insurance" does not include life insurance policies: (i) That accelerate the death benefit specifically for: (a) One (1) or more of the qualifying events of terminal illness; or (b) Medical conditions requiring extraordinary medical intervention or permanent institutional confinement; (ii) That provide the option of a lump-sum payment for those benefits; and (iii) When neither the benefits nor the eligibility for the benefits is conditioned upon the receipt of long-term care. (F) Notwithstanding any other provision of this subchapter, any product advertised, marketed, or offered as long-term care insurance is subject to the provisions of this subchapter; (8) "Policy" means any policy, contract, subscriber agreement, rider, or endorsement delivered or issued for delivery in this state by: (A) An insurer; (B) A fraternal benefit society; (C) A nonprofit health, hospital, medical service corporation, or hospital medical service corporation; (D) A prepaid health plan; (E) A health maintenance organization; or (F) Any similar organization; and (9) "Qualified long-term care insurance contract" means the same as "federally tax-qualified long-term care insurance contract". Acts 2005, No. 1697, § 31; 2007, No. 496, § 20; 2007, No. 827, § 188.

As used in this subchapter:

(1) "Applicant" means: (A) In the case of an individual long-term care insurance policy, the person who seeks to contract for benefits; and (B) In the case of a group long-term care insurance policy, the proposed certificate holder;

(A) In the case of an individual long-term care insurance policy, the person who seeks to contract for benefits; and

(B) In the case of a group long-term care insurance policy, the proposed certificate holder;

(2) "Association" means a professional, trade, or occupational association or associations, if the association: (A) Is composed entirely of individuals that are or were actively engaged in the same profession, trade, or occupation; and (B) Has been maintained in good faith for purposes other than obtaining insurance;

(A) Is composed entirely of individuals that are or were actively engaged in the same profession, trade, or occupation; and

(B) Has been maintained in good faith for purposes other than obtaining insurance;

(3) "Certificate" means any certificate issued under a group long-term care insurance policy delivered or issued for delivery in this state;

(4) "Commissioner" means the Insurance Commissioner;

(5) "Federally tax-qualified long-term care insurance contract" means: (A) An individual or group insurance contract that meets the following requirements of section 7702B(b) of the Internal Revenue Code of 1986: (i) (a) The only insurance protection provided under the contract is coverage of qualified long-term care services. (b) A contract satisfies the requirements of this subdivision (5)(A)(i) even though payments are made on a per diem or other periodic basis without regard to the expenses incurred during the period to which the payments relate; (ii) (a) The contract does not pay or reimburse expenses incurred for services or items to the extent that the expenses: (1) Are reimbursable under Title XVIII of the Social Security Act; or (2) Would be reimbursable but for the application of a deductible or coinsurance amount. (b) The requirements of this subdivision (5)(A)(ii) do not apply to expenses that are reimbursable under Title XVIII of the Social Security Act only as a secondary payor. (c) A contract satisfies the requirements of this subdivision (5)(A)(ii) even though payments are made on a per diem or other periodic basis without regard to the expenses incurred during the period to which the payments relate; (iii) The contract is guaranteed renewable under section 7702B(b)(1)(C) of the Internal Revenue Code of 1986; (iv) The contract does not provide for a cash surrender value or other money that can be paid, assigned, pledged as collateral for a loan, or borrowed, except as provided in subdivision (5)(A)(v) of this section; (v) All refunds of premiums, policyholder dividends, or similar amounts under the contract are to be applied as a reduction in future premiums or to increase future benefits, except that a refund in the event of the death of the insured or a complete surrender or cancellation of the contract cannot exceed the aggregate premiums paid under the contract; and (vi) The contract meets the consumer protection provisions set forth in section 7702B(g) of the Internal Revenue Code of 1986; or (B) The portion of a life insurance contract that provides long-term care insurance coverage by rider or as part of the contract and that satisfies the requirements of sections 7702B(b) and 7702B(e) of the Internal Revenue Code of 1986;

(A) An individual or group insurance contract that meets the following requirements of section 7702B(b) of the Internal Revenue Code of 1986: (i) (a) The only insurance protection provided under the contract is coverage of qualified long-term care services. (b) A contract satisfies the requirements of this subdivision (5)(A)(i) even though payments are made on a per diem or other periodic basis without regard to the expenses incurred during the period to which the payments relate; (ii) (a) The contract does not pay or reimburse expenses incurred for services or items to the extent that the expenses: (1) Are reimbursable under Title XVIII of the Social Security Act; or (2) Would be reimbursable but for the application of a deductible or coinsurance amount. (b) The requirements of this subdivision (5)(A)(ii) do not apply to expenses that are reimbursable under Title XVIII of the Social Security Act only as a secondary payor. (c) A contract satisfies the requirements of this subdivision (5)(A)(ii) even though payments are made on a per diem or other periodic basis without regard to the expenses incurred during the period to which the payments relate; (iii) The contract is guaranteed renewable under section 7702B(b)(1)(C) of the Internal Revenue Code of 1986; (iv) The contract does not provide for a cash surrender value or other money that can be paid, assigned, pledged as collateral for a loan, or borrowed, except as provided in subdivision (5)(A)(v) of this section; (v) All refunds of premiums, policyholder dividends, or similar amounts under the contract are to be applied as a reduction in future premiums or to increase future benefits, except that a refund in the event of the death of the insured or a complete surrender or cancellation of the contract cannot exceed the aggregate premiums paid under the contract; and (vi) The contract meets the consumer protection provisions set forth in section 7702B(g) of the Internal Revenue Code of 1986; or

(i) (a) The only insurance protection provided under the contract is coverage of qualified long-term care services. (b) A contract satisfies the requirements of this subdivision (5)(A)(i) even though payments are made on a per diem or other periodic basis without regard to the expenses incurred during the period to which the payments relate;

(a) The only insurance protection provided under the contract is coverage of qualified long-term care services.

(b) A contract satisfies the requirements of this subdivision (5)(A)(i) even though payments are made on a per diem or other periodic basis without regard to the expenses incurred during the period to which the payments relate;

(ii) (a) The contract does not pay or reimburse expenses incurred for services or items to the extent that the expenses: (1) Are reimbursable under Title XVIII of the Social Security Act; or (2) Would be reimbursable but for the application of a deductible or coinsurance amount. (b) The requirements of this subdivision (5)(A)(ii) do not apply to expenses that are reimbursable under Title XVIII of the Social Security Act only as a secondary payor. (c) A contract satisfies the requirements of this subdivision (5)(A)(ii) even though payments are made on a per diem or other periodic basis without regard to the expenses incurred during the period to which the payments relate;

(a) The contract does not pay or reimburse expenses incurred for services or items to the extent that the expenses: (1) Are reimbursable under Title XVIII of the Social Security Act; or (2) Would be reimbursable but for the application of a deductible or coinsurance amount.

(1) Are reimbursable under Title XVIII of the Social Security Act; or

(2) Would be reimbursable but for the application of a deductible or coinsurance amount.

(b) The requirements of this subdivision (5)(A)(ii) do not apply to expenses that are reimbursable under Title XVIII of the Social Security Act only as a secondary payor.

(c) A contract satisfies the requirements of this subdivision (5)(A)(ii) even though payments are made on a per diem or other periodic basis without regard to the expenses incurred during the period to which the payments relate;

(iii) The contract is guaranteed renewable under section 7702B(b)(1)(C) of the Internal Revenue Code of 1986;

(iv) The contract does not provide for a cash surrender value or other money that can be paid, assigned, pledged as collateral for a loan, or borrowed, except as provided in subdivision (5)(A)(v) of this section;

(v) All refunds of premiums, policyholder dividends, or similar amounts under the contract are to be applied as a reduction in future premiums or to increase future benefits, except that a refund in the event of the death of the insured or a complete surrender or cancellation of the contract cannot exceed the aggregate premiums paid under the contract; and

(vi) The contract meets the consumer protection provisions set forth in section 7702B(g) of the Internal Revenue Code of 1986; or

(B) The portion of a life insurance contract that provides long-term care insurance coverage by rider or as part of the contract and that satisfies the requirements of sections 7702B(b) and 7702B(e) of the Internal Revenue Code of 1986;

(6) "Group long-term care insurance" means a long-term care insurance policy that is delivered or issued for delivery in this state and issued for the benefit of its current, former, or retired employees or members to one (1) or more: (A) Employers, labor organizations, associations, or a trust or to the trustees of a fund established by one (1) or more employers or labor organizations; or (B) Any other group if the commissioner finds that the issuance of the group policy: (i) Is not contrary to the best interest of the public; (ii) Results in economies of acquisition or administration; and (iii) Results in benefits that are reasonable in relation to the premiums charged;

(A) Employers, labor organizations, associations, or a trust or to the trustees of a fund established by one (1) or more employers or labor organizations; or

(B) Any other group if the commissioner finds that the issuance of the group policy: (i) Is not contrary to the best interest of the public; (ii) Results in economies of acquisition or administration; and (iii) Results in benefits that are reasonable in relation to the premiums charged;

(i) Is not contrary to the best interest of the public;

(ii) Results in economies of acquisition or administration; and

(iii) Results in benefits that are reasonable in relation to the premiums charged;

(7) (A) "Long-term care insurance" means any insurance policy or rider advertised, marketed, offered, or designed to provide coverage for one (1) or more necessary or medically necessary diagnostic, preventive, therapeutic, rehabilitative, maintenance, or personal care services: (i) For not less than twelve (12) consecutive months for each covered person on an expense incurred, indemnity, prepaid, or other basis; and (ii) Provided in a setting other than an acute care unit of a hospital. (B) "Long-term care insurance" includes, but is not limited to: (i) Group and individual annuities and life insurance policies or riders that provide directly or supplement long-term care insurance; (ii) A policy or rider that provides for payment of benefits based upon cognitive impairment or the loss of functional capacity; and (iii) Qualified long-term care insurance contracts. (C) Long-term care insurance may be issued by: (i) Insurers; (ii) Fraternal benefit societies; (iii) Nonprofit health, hospital, and medical service corporations; (iv) Prepaid health plans; (v) Health maintenance organizations; or (vi) Any similar organization to the extent that the organization is otherwise authorized to issue life or health insurance. (D) "Long-term care insurance" shall not include any insurance policy that is offered primarily to provide: (i) Basic Medicare supplement coverage; (ii) Basic hospital expense coverage; (iii) Basic medical-surgical expense coverage; (iv) Hospital confinement indemnity coverage; (v) Major medical expense coverage; (vi) Disability income or related asset-protection coverage; (vii) Accident-only coverage; (viii) Specified disease or specified accident coverage; or (ix) Limited benefit health coverage. (E) "Long-term care insurance" does not include life insurance policies: (i) That accelerate the death benefit specifically for: (a) One (1) or more of the qualifying events of terminal illness; or (b) Medical conditions requiring extraordinary medical intervention or permanent institutional confinement; (ii) That provide the option of a lump-sum payment for those benefits; and (iii) When neither the benefits nor the eligibility for the benefits is conditioned upon the receipt of long-term care. (F) Notwithstanding any other provision of this subchapter, any product advertised, marketed, or offered as long-term care insurance is subject to the provisions of this subchapter;

(A) "Long-term care insurance" means any insurance policy or rider advertised, marketed, offered, or designed to provide coverage for one (1) or more necessary or medically necessary diagnostic, preventive, therapeutic, rehabilitative, maintenance, or personal care services: (i) For not less than twelve (12) consecutive months for each covered person on an expense incurred, indemnity, prepaid, or other basis; and (ii) Provided in a setting other than an acute care unit of a hospital.

(i) For not less than twelve (12) consecutive months for each covered person on an expense incurred, indemnity, prepaid, or other basis; and

(ii) Provided in a setting other than an acute care unit of a hospital.

(B) "Long-term care insurance" includes, but is not limited to: (i) Group and individual annuities and life insurance policies or riders that provide directly or supplement long-term care insurance; (ii) A policy or rider that provides for payment of benefits based upon cognitive impairment or the loss of functional capacity; and (iii) Qualified long-term care insurance contracts.

(i) Group and individual annuities and life insurance policies or riders that provide directly or supplement long-term care insurance;

(ii) A policy or rider that provides for payment of benefits based upon cognitive impairment or the loss of functional capacity; and

(iii) Qualified long-term care insurance contracts.

(C) Long-term care insurance may be issued by: (i) Insurers; (ii) Fraternal benefit societies; (iii) Nonprofit health, hospital, and medical service corporations; (iv) Prepaid health plans; (v) Health maintenance organizations; or (vi) Any similar organization to the extent that the organization is otherwise authorized to issue life or health insurance.

(i) Insurers;

(ii) Fraternal benefit societies;

(iii) Nonprofit health, hospital, and medical service corporations;

(iv) Prepaid health plans;

(v) Health maintenance organizations; or

(vi) Any similar organization to the extent that the organization is otherwise authorized to issue life or health insurance.

(D) "Long-term care insurance" shall not include any insurance policy that is offered primarily to provide: (i) Basic Medicare supplement coverage; (ii) Basic hospital expense coverage; (iii) Basic medical-surgical expense coverage; (iv) Hospital confinement indemnity coverage; (v) Major medical expense coverage; (vi) Disability income or related asset-protection coverage; (vii) Accident-only coverage; (viii) Specified disease or specified accident coverage; or (ix) Limited benefit health coverage.

(i) Basic Medicare supplement coverage;

(ii) Basic hospital expense coverage;

(iii) Basic medical-surgical expense coverage;

(iv) Hospital confinement indemnity coverage;

(v) Major medical expense coverage;

(vi) Disability income or related asset-protection coverage;

(vii) Accident-only coverage;

(viii) Specified disease or specified accident coverage; or

(ix) Limited benefit health coverage.

(E) "Long-term care insurance" does not include life insurance policies: (i) That accelerate the death benefit specifically for: (a) One (1) or more of the qualifying events of terminal illness; or (b) Medical conditions requiring extraordinary medical intervention or permanent institutional confinement; (ii) That provide the option of a lump-sum payment for those benefits; and (iii) When neither the benefits nor the eligibility for the benefits is conditioned upon the receipt of long-term care.

(i) That accelerate the death benefit specifically for: (a) One (1) or more of the qualifying events of terminal illness; or (b) Medical conditions requiring extraordinary medical intervention or permanent institutional confinement;

(a) One (1) or more of the qualifying events of terminal illness; or

(b) Medical conditions requiring extraordinary medical intervention or permanent institutional confinement;

(ii) That provide the option of a lump-sum payment for those benefits; and

(iii) When neither the benefits nor the eligibility for the benefits is conditioned upon the receipt of long-term care.

(F) Notwithstanding any other provision of this subchapter, any product advertised, marketed, or offered as long-term care insurance is subject to the provisions of this subchapter;

(8) "Policy" means any policy, contract, subscriber agreement, rider, or endorsement delivered or issued for delivery in this state by: (A) An insurer; (B) A fraternal benefit society; (C) A nonprofit health, hospital, medical service corporation, or hospital medical service corporation; (D) A prepaid health plan; (E) A health maintenance organization; or (F) Any similar organization; and

(A) An insurer;

(B) A fraternal benefit society;

(C) A nonprofit health, hospital, medical service corporation, or hospital medical service corporation;

(D) A prepaid health plan;

(E) A health maintenance organization; or

(F) Any similar organization; and

(9) "Qualified long-term care insurance contract" means the same as "federally tax-qualified long-term care insurance contract".

Acts 2005, No. 1697, § 31; 2007, No. 496, § 20; 2007, No. 827, § 188.
Ark. Code Ann. § 23-79-1005 — AR Code / Title 23 / Chapter 79 / Subchapter 10 / Section 23-79-1005
Department of Human Services - Powers and duties
Status: in_force

(a) The Department of Human Services shall promulgate rules to implement this subchapter. (b) The Department of Human Services shall administer the Arkansas Safety-net Benefit Program and the Arkansas Safety-net Benefit Fund. (c) The Department of Human Services shall: (1) Prepare and submit to the United States Department of Health and Human Services a request for a demonstration waiver under section 1115 of the Social Security Act, describing one (1) or more statewide health insurance limited safety-net benefit packages that can be funded within existing allotments received by the state under Title XXI of the Social Security Act; (2) Administer the Arkansas Safety-net Benefit Program and the Arkansas Safety-net Benefit Fund in accordance with a federally approved Health Insurance Flexibility and Accountability demonstration initiative waiver; (3) Deposit Arkansas Employer Sponsored Insurance Fund revenues into insured interest-bearing accounts at banking institutions in Arkansas; and (4) Expend Arkansas Safety-net Benefit Fund moneys as state matching funds in accordance with the requirements of federal healthcare programs and the Arkansas Safety-net Benefit Program. Acts 2003, No. 1044, § 1.

(a) The Department of Human Services shall promulgate rules to implement this subchapter.

(b) The Department of Human Services shall administer the Arkansas Safety-net Benefit Program and the Arkansas Safety-net Benefit Fund.

(c) The Department of Human Services shall: (1) Prepare and submit to the United States Department of Health and Human Services a request for a demonstration waiver under section 1115 of the Social Security Act, describing one (1) or more statewide health insurance limited safety-net benefit packages that can be funded within existing allotments received by the state under Title XXI of the Social Security Act; (2) Administer the Arkansas Safety-net Benefit Program and the Arkansas Safety-net Benefit Fund in accordance with a federally approved Health Insurance Flexibility and Accountability demonstration initiative waiver; (3) Deposit Arkansas Employer Sponsored Insurance Fund revenues into insured interest-bearing accounts at banking institutions in Arkansas; and (4) Expend Arkansas Safety-net Benefit Fund moneys as state matching funds in accordance with the requirements of federal healthcare programs and the Arkansas Safety-net Benefit Program.

(1) Prepare and submit to the United States Department of Health and Human Services a request for a demonstration waiver under section 1115 of the Social Security Act, describing one (1) or more statewide health insurance limited safety-net benefit packages that can be funded within existing allotments received by the state under Title XXI of the Social Security Act;

(2) Administer the Arkansas Safety-net Benefit Program and the Arkansas Safety-net Benefit Fund in accordance with a federally approved Health Insurance Flexibility and Accountability demonstration initiative waiver;

(3) Deposit Arkansas Employer Sponsored Insurance Fund revenues into insured interest-bearing accounts at banking institutions in Arkansas; and

(4) Expend Arkansas Safety-net Benefit Fund moneys as state matching funds in accordance with the requirements of federal healthcare programs and the Arkansas Safety-net Benefit Program.

Acts 2003, No. 1044, § 1.
Ark. Code Ann. § 23-115-1001 — AR Code / Title 23 / Chapter 115 / Subchapter 10 / Section 23-115-1001
Legislative intent
Status: in_force

(a) The purposes of this subchapter are to establish: (1) A policy and to provide a system whereby all claimant agencies of this state in conjunction with the Office of the Arkansas Lottery shall cooperate in identifying debtors who owe money to the state through its various claimant agencies or to persons on whose behalf the state and its claimant agencies act and who qualify for lottery prizes under this chapter from the office; and (2) Procedures for setting off against any prize the sum of any debt owed to the state or to persons on whose behalf the state and its claimant agencies act. (b) This subchapter shall be liberally construed to effectuate the purposes stated in subsection (a) of this section. Amended by Act 2015, No. 218,§ 25, eff. 2/26/2015. Acts 2009, No. 605, § 1; 2009, No. 606, § 1.

(a) The purposes of this subchapter are to establish: (1) A policy and to provide a system whereby all claimant agencies of this state in conjunction with the Office of the Arkansas Lottery shall cooperate in identifying debtors who owe money to the state through its various claimant agencies or to persons on whose behalf the state and its claimant agencies act and who qualify for lottery prizes under this chapter from the office; and (2) Procedures for setting off against any prize the sum of any debt owed to the state or to persons on whose behalf the state and its claimant agencies act.

(1) A policy and to provide a system whereby all claimant agencies of this state in conjunction with the Office of the Arkansas Lottery shall cooperate in identifying debtors who owe money to the state through its various claimant agencies or to persons on whose behalf the state and its claimant agencies act and who qualify for lottery prizes under this chapter from the office; and

(2) Procedures for setting off against any prize the sum of any debt owed to the state or to persons on whose behalf the state and its claimant agencies act.

(b) This subchapter shall be liberally construed to effectuate the purposes stated in subsection (a) of this section.

Amended by Act 2015, No. 218,§ 25, eff. 2/26/2015.

Acts 2009, No. 605, § 1; 2009, No. 606, § 1.
Ark. Code Ann. § 23-55-1007 — AR Code / Title 23 / Chapter 55 / Section 23-55-1007
Multistate automated licensing system
Status: in_force

(a) The Securities Commissioner may: (1) Enter into an arrangement, agreement, or other working relationship with federal, state, or self-regulatory authorities, the Conference of State Bank Supervisors, or a subsidiary entity owned by the Conference of State Bank Supervisors to file and maintain documents in a multistate automated licensing system or other central depository system; (2) Waive or modify in whole or in part by rule or by order any requirement of this chapter if necessary to implement this section; and (3) Establish new requirements under this chapter to carry out the purpose of this section. (b) It is the intent of this section that the commissioner be provided the authority to reduce duplication of filings, reduce administrative costs, and establish uniform procedures, forms, and administration with other states and federal authorities. (c) (1) The commissioner may permit or require initial and renewal registration filings required under this chapter to be filed with the Conference of State Bank Supervisors, a subsidiary entity owned by the Conference of State Bank Supervisors, the Financial Industry Regulatory Authority, or another entity maintaining or operating a multistate automated licensing system. (2) The applicant or the licensee shall pay any fee charged for the applicant or the licensee to participate in the automated licensing system. (d) The commissioner may accept uniform procedures and forms designed to: (1) Implement a multistate automated licensing system; (2) Implement a uniform national regulatory system; or (3) Facilitate common practices and procedures among the states. Added by Act 2017, No. 620,§ 6, eff. 8/1/2017.

(a) The Securities Commissioner may: (1) Enter into an arrangement, agreement, or other working relationship with federal, state, or self-regulatory authorities, the Conference of State Bank Supervisors, or a subsidiary entity owned by the Conference of State Bank Supervisors to file and maintain documents in a multistate automated licensing system or other central depository system; (2) Waive or modify in whole or in part by rule or by order any requirement of this chapter if necessary to implement this section; and (3) Establish new requirements under this chapter to carry out the purpose of this section.

(1) Enter into an arrangement, agreement, or other working relationship with federal, state, or self-regulatory authorities, the Conference of State Bank Supervisors, or a subsidiary entity owned by the Conference of State Bank Supervisors to file and maintain documents in a multistate automated licensing system or other central depository system;

(2) Waive or modify in whole or in part by rule or by order any requirement of this chapter if necessary to implement this section; and

(3) Establish new requirements under this chapter to carry out the purpose of this section.

(b) It is the intent of this section that the commissioner be provided the authority to reduce duplication of filings, reduce administrative costs, and establish uniform procedures, forms, and administration with other states and federal authorities.

(c) (1) The commissioner may permit or require initial and renewal registration filings required under this chapter to be filed with the Conference of State Bank Supervisors, a subsidiary entity owned by the Conference of State Bank Supervisors, the Financial Industry Regulatory Authority, or another entity maintaining or operating a multistate automated licensing system. (2) The applicant or the licensee shall pay any fee charged for the applicant or the licensee to participate in the automated licensing system.

(1) The commissioner may permit or require initial and renewal registration filings required under this chapter to be filed with the Conference of State Bank Supervisors, a subsidiary entity owned by the Conference of State Bank Supervisors, the Financial Industry Regulatory Authority, or another entity maintaining or operating a multistate automated licensing system.

(2) The applicant or the licensee shall pay any fee charged for the applicant or the licensee to participate in the automated licensing system.

(d) The commissioner may accept uniform procedures and forms designed to: (1) Implement a multistate automated licensing system; (2) Implement a uniform national regulatory system; or (3) Facilitate common practices and procedures among the states.

(1) Implement a multistate automated licensing system;

(2) Implement a uniform national regulatory system; or

(3) Facilitate common practices and procedures among the states.

Added by Act 2017, No. 620,§ 6, eff. 8/1/2017.
Ark. Code Ann. § 23-86-202 — AR Code / Title 23 / Chapter 86 / Subchapter 2 / Section 23-86-202
Definitions
Status: in_force

(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 examination, including a review of the appropriate records and of the actuarial assumptions and methods utilized by the carrier in establishing premium rates for applicable health benefit plans; (2) "Base premium rate" means, for each class of business as to a rating period, the lowest premium rate charged or which could have been charged under a rating system for that class of business by the small employer carrier to small employers with similar case characteristics for health benefit plans with the same or similar coverage; (3) "Carrier" means health insurance issuer, i.e., an insurance company, insurance service, or insurance organization, including a health maintenance organization that is licensed to engage in the business of insurance in a state and that is subject to Arkansas law that regulates insurance, but the term does not include a group health plan; (4) (A) "Case characteristics" means demographic or other relevant characteristics of a small employer, as determined by a small employer carrier, that are considered by the carrier in the determination of premium rates for the small employer. (B) Claim experience, health status, and duration of coverage since issue are not case characteristics for the purposes of this subchapter; (5) (A) "Class of business" means all or a distinct grouping of small employers as shown on the records of the small employer carrier. (B) A distinct grouping may only be established by the small employer carrier on the basis that the applicable health benefit plans: (i) Are marketed and sold through individuals and organizations that are not participating in the marketing or sale of other distinct groupings of small employers for the small employer carrier; (ii) Have been acquired from another small employer carrier as a distinct grouping of plans; (iii) Are provided through an association with membership of not less than two (2) or more small employers that has been formed for purposes other than obtaining insurance; or (iv) Are in a class of business that meets the requirements for exception to the restrictions related to premium rates provided in § 23-86-204(a)(1)(A) . (C) A small employer carrier may establish no more than two (2) additional groupings under each of subdivisions (5)(B)(i), (ii), (iii), and (iv) of this section on the basis of underwriting criteria that are expected to produce substantial variation in the healthcare costs. (D) The commissioner may approve the establishment of additional distinct groupings upon application to the commissioner and a finding by the commissioner that such an action would enhance the efficiency and fairness of the small employer insurance marketplace; (6) "Commissioner" means the Insurance Commissioner; (7) "Department" means the State Insurance Department; (8) (A) "Health benefit plan" or "plan" means health insurance coverage, i.e., benefits consisting of medical care, provided directly through insurance or reimbursement or otherwise, and including items and services paid for as medical care, under any hospital or medical service policy or certificate, hospital or medical service plan contract, or health maintenance organization contract offered by a health insurance issuer. (B) "Health benefit plan" does not include: (i) Accident-only, credit, dental, or disability income insurance; (ii) Coverage issued as a supplement to liability insurance; (iii) Workers' compensation or similar insurance; or (iv) Automobile medical-payment insurance; (9) "Index rate" means, for each class of business for small employers with similar case characteristics, the arithmetic average of the applicable base premium rate and the corresponding highest premium rate; (10) "New business premium rate" means, for each class of business as to a rating period, the premium rate charged or offered by the small employer carrier to small employers with similar case characteristics for newly issued health benefit plans with the same or similar coverage; (11) "Rating period" means the calendar period for which premium rates established by a small employer carrier are assumed to be in effect, as determined by the small employer carrier; (12) (A) "Small employer" means any person, firm, corporation, partnership, or association actively engaged in business that, on at least fifty percent (50%) of its working days during the preceding year, employed no fewer than two (2) nor more than twenty-five (25) eligible employees, the majority of whom were employed within this state. (B) In determining the number of eligible employees under subdivision (12)(A) of this section, companies that are affiliated companies or that are eligible to file a combined tax return for purposes of state taxation are considered to be one (1) employer; and (13) "Small employer carrier" means a health insurance issuer as defined in subdivision (3) of this section. Acts 1991, No. 1143, § 2; 1997, No. 1000, § 19; 2001, No. 1063, § 21; 2009, No. 726, § 45.

(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 examination, including a review of the appropriate records and of the actuarial assumptions and methods utilized by the carrier in establishing premium rates for applicable health benefit plans;

(2) "Base premium rate" means, for each class of business as to a rating period, the lowest premium rate charged or which could have been charged under a rating system for that class of business by the small employer carrier to small employers with similar case characteristics for health benefit plans with the same or similar coverage;

(3) "Carrier" means health insurance issuer, i.e., an insurance company, insurance service, or insurance organization, including a health maintenance organization that is licensed to engage in the business of insurance in a state and that is subject to Arkansas law that regulates insurance, but the term does not include a group health plan;

(4) (A) "Case characteristics" means demographic or other relevant characteristics of a small employer, as determined by a small employer carrier, that are considered by the carrier in the determination of premium rates for the small employer. (B) Claim experience, health status, and duration of coverage since issue are not case characteristics for the purposes of this subchapter;

(A) "Case characteristics" means demographic or other relevant characteristics of a small employer, as determined by a small employer carrier, that are considered by the carrier in the determination of premium rates for the small employer.

(B) Claim experience, health status, and duration of coverage since issue are not case characteristics for the purposes of this subchapter;

(5) (A) "Class of business" means all or a distinct grouping of small employers as shown on the records of the small employer carrier. (B) A distinct grouping may only be established by the small employer carrier on the basis that the applicable health benefit plans: (i) Are marketed and sold through individuals and organizations that are not participating in the marketing or sale of other distinct groupings of small employers for the small employer carrier; (ii) Have been acquired from another small employer carrier as a distinct grouping of plans; (iii) Are provided through an association with membership of not less than two (2) or more small employers that has been formed for purposes other than obtaining insurance; or (iv) Are in a class of business that meets the requirements for exception to the restrictions related to premium rates provided in § 23-86-204(a)(1)(A) . (C) A small employer carrier may establish no more than two (2) additional groupings under each of subdivisions (5)(B)(i), (ii), (iii), and (iv) of this section on the basis of underwriting criteria that are expected to produce substantial variation in the healthcare costs. (D) The commissioner may approve the establishment of additional distinct groupings upon application to the commissioner and a finding by the commissioner that such an action would enhance the efficiency and fairness of the small employer insurance marketplace;

(A) "Class of business" means all or a distinct grouping of small employers as shown on the records of the small employer carrier.

(B) A distinct grouping may only be established by the small employer carrier on the basis that the applicable health benefit plans: (i) Are marketed and sold through individuals and organizations that are not participating in the marketing or sale of other distinct groupings of small employers for the small employer carrier; (ii) Have been acquired from another small employer carrier as a distinct grouping of plans; (iii) Are provided through an association with membership of not less than two (2) or more small employers that has been formed for purposes other than obtaining insurance; or (iv) Are in a class of business that meets the requirements for exception to the restrictions related to premium rates provided in § 23-86-204(a)(1)(A) .

(i) Are marketed and sold through individuals and organizations that are not participating in the marketing or sale of other distinct groupings of small employers for the small employer carrier;

(ii) Have been acquired from another small employer carrier as a distinct grouping of plans;

(iii) Are provided through an association with membership of not less than two (2) or more small employers that has been formed for purposes other than obtaining insurance; or

(iv) Are in a class of business that meets the requirements for exception to the restrictions related to premium rates provided in § 23-86-204(a)(1)(A) .

(C) A small employer carrier may establish no more than two (2) additional groupings under each of subdivisions (5)(B)(i), (ii), (iii), and (iv) of this section on the basis of underwriting criteria that are expected to produce substantial variation in the healthcare costs.

(D) The commissioner may approve the establishment of additional distinct groupings upon application to the commissioner and a finding by the commissioner that such an action would enhance the efficiency and fairness of the small employer insurance marketplace;

(6) "Commissioner" means the Insurance Commissioner;

(7) "Department" means the State Insurance Department;

(8) (A) "Health benefit plan" or "plan" means health insurance coverage, i.e., benefits consisting of medical care, provided directly through insurance or reimbursement or otherwise, and including items and services paid for as medical care, under any hospital or medical service policy or certificate, hospital or medical service plan contract, or health maintenance organization contract offered by a health insurance issuer. (B) "Health benefit plan" does not include: (i) Accident-only, credit, dental, or disability income insurance; (ii) Coverage issued as a supplement to liability insurance; (iii) Workers' compensation or similar insurance; or (iv) Automobile medical-payment insurance;

(A) "Health benefit plan" or "plan" means health insurance coverage, i.e., benefits consisting of medical care, provided directly through insurance or reimbursement or otherwise, and including items and services paid for as medical care, under any hospital or medical service policy or certificate, hospital or medical service plan contract, or health maintenance organization contract offered by a health insurance issuer.

(B) "Health benefit plan" does not include: (i) Accident-only, credit, dental, or disability income insurance; (ii) Coverage issued as a supplement to liability insurance; (iii) Workers' compensation or similar insurance; or (iv) Automobile medical-payment insurance;

(i) Accident-only, credit, dental, or disability income insurance;

(ii) Coverage issued as a supplement to liability insurance;

(iii) Workers' compensation or similar insurance; or

(iv) Automobile medical-payment insurance;

(9) "Index rate" means, for each class of business for small employers with similar case characteristics, the arithmetic average of the applicable base premium rate and the corresponding highest premium rate;

(10) "New business premium rate" means, for each class of business as to a rating period, the premium rate charged or offered by the small employer carrier to small employers with similar case characteristics for newly issued health benefit plans with the same or similar coverage;

(11) "Rating period" means the calendar period for which premium rates established by a small employer carrier are assumed to be in effect, as determined by the small employer carrier;

(12) (A) "Small employer" means any person, firm, corporation, partnership, or association actively engaged in business that, on at least fifty percent (50%) of its working days during the preceding year, employed no fewer than two (2) nor more than twenty-five (25) eligible employees, the majority of whom were employed within this state. (B) In determining the number of eligible employees under subdivision (12)(A) of this section, companies that are affiliated companies or that are eligible to file a combined tax return for purposes of state taxation are considered to be one (1) employer; and

(A) "Small employer" means any person, firm, corporation, partnership, or association actively engaged in business that, on at least fifty percent (50%) of its working days during the preceding year, employed no fewer than two (2) nor more than twenty-five (25) eligible employees, the majority of whom were employed within this state.

(B) In determining the number of eligible employees under subdivision (12)(A) of this section, companies that are affiliated companies or that are eligible to file a combined tax return for purposes of state taxation are considered to be one (1) employer; and

(13) "Small employer carrier" means a health insurance issuer as defined in subdivision (3) of this section.

Acts 1991, No. 1143, § 2; 1997, No. 1000, § 19; 2001, No. 1063, § 21; 2009, No. 726, § 45.
Ark. Code Ann. § 23-18-803 — AR Code / Title 23 / Chapter 18 / Subchapter 8 / Section 23-18-803
Permissible broadband systems
Status: in_force

(a) An electric utility, an affiliate of an electric utility, or a person unaffiliated with an electric utility may own, construct, maintain, and operate a broadband system and provide broadband services on an electric utility's electric delivery system consistent with the requirements of this subchapter. (b) This subchapter does not require an electric utility to implement a broadband system, provide broadband services, or allow others to install broadband facilities or use the electric utility's facilities to provide broadband services. (c) An electric utility, a broadband affiliate, or a broadband operator may elect to install and operate a broadband system on part or all of its electric delivery system in any part or all of its certificated service territory. Acts 2007, No. 739, § 1.

(a) An electric utility, an affiliate of an electric utility, or a person unaffiliated with an electric utility may own, construct, maintain, and operate a broadband system and provide broadband services on an electric utility's electric delivery system consistent with the requirements of this subchapter.

(b) This subchapter does not require an electric utility to implement a broadband system, provide broadband services, or allow others to install broadband facilities or use the electric utility's facilities to provide broadband services.

(c) An electric utility, a broadband affiliate, or a broadband operator may elect to install and operate a broadband system on part or all of its electric delivery system in any part or all of its certificated service territory.

Acts 2007, No. 739, § 1.
Ark. Code Ann. § 23-4-109 — AR Code / Title 23 / Chapter 4 / Subchapter 1 / Section 23-4-109
Minimum charges
Status: in_force

Nothing in this act shall be construed to prohibit a public utility from filing a schedule or entering into any reasonable arrangements with its customers, or prospective customers, which provide for a minimum charge for services to be rendered, or from providing for any other financial device that may be lawful if the schedule or arrangement, before becoming effective, is filed with and approved by the commission. The schedule or arrangement shall be subject to revision or modification on the part of the commission upon complaint or its own motion. Acts 1935, No. 324, § 20; Pope's Dig., § 2083; A.S.A. 1947, § 73-219.

Nothing in this act shall be construed to prohibit a public utility from filing a schedule or entering into any reasonable arrangements with its customers, or prospective customers, which provide for a minimum charge for services to be rendered, or from providing for any other financial device that may be lawful if the schedule or arrangement, before becoming effective, is filed with and approved by the commission. The schedule or arrangement shall be subject to revision or modification on the part of the commission upon complaint or its own motion.

Acts 1935, No. 324, § 20; Pope's Dig., § 2083; A.S.A. 1947, § 73-219.
Ark. Code Ann. § 23-79-512 — AR Code / Title 23 / Chapter 79 / Subchapter 5 / Section 23-79-512
Collective action
Status: in_force

Neither the participation in the plan as insurers, the establishment of rates, forms, or procedures nor any other joint or collective action required by this subchapter shall be the basis of any legal action, criminal or civil liability, or penalty against the plan or any insurer. Acts 1997, No. 292, § 12.

Neither the participation in the plan as insurers, the establishment of rates, forms, or procedures nor any other joint or collective action required by this subchapter shall be the basis of any legal action, criminal or civil liability, or penalty against the plan or any insurer.

Acts 1997, No. 292, § 12.
Ark. Code Ann. § 23-63-1001 — AR Code / Title 23 / Chapter 63 / Subchapter 10 / Section 23-63-1001
Court, judicial, and certain other bonds
Status: in_force

(a) (1) Upon compliance with the provisions of the Arkansas Insurance Code, a surety insurer may become surety upon any bond or other contract of any person and may become surety upon any bond required to be given by any person in the course of judicial proceedings or upon the bonds of administrators, executors, guardians, receivers, assignees, trustees, or other fiduciaries required to give the bond. (2) The obligation of the insurer as surety upon those bonds or contracts may be accepted by the court, officer, board, or person required to approve the bond or contract as the sole surety upon the bond or contract even though previous laws or customs may have required two (2) sureties upon the bonds or contracts or may have required one (1) or more of the sureties to be residents of any particular territory. (b) Where these bonds are given by administrators, executors, guardians, receivers, assignees, trustees, or other officers of the court, the court appointing the officers may allow the expense incurred by the officers in securing this bond in the insurer as part of the expenses of the trust to be paid out of the fund. Acts 1959, No. 148, § 449; A.S.A. 1947, § 66-4101.

(a) (1) Upon compliance with the provisions of the Arkansas Insurance Code, a surety insurer may become surety upon any bond or other contract of any person and may become surety upon any bond required to be given by any person in the course of judicial proceedings or upon the bonds of administrators, executors, guardians, receivers, assignees, trustees, or other fiduciaries required to give the bond. (2) The obligation of the insurer as surety upon those bonds or contracts may be accepted by the court, officer, board, or person required to approve the bond or contract as the sole surety upon the bond or contract even though previous laws or customs may have required two (2) sureties upon the bonds or contracts or may have required one (1) or more of the sureties to be residents of any particular territory.

(1) Upon compliance with the provisions of the Arkansas Insurance Code, a surety insurer may become surety upon any bond or other contract of any person and may become surety upon any bond required to be given by any person in the course of judicial proceedings or upon the bonds of administrators, executors, guardians, receivers, assignees, trustees, or other fiduciaries required to give the bond.

(2) The obligation of the insurer as surety upon those bonds or contracts may be accepted by the court, officer, board, or person required to approve the bond or contract as the sole surety upon the bond or contract even though previous laws or customs may have required two (2) sureties upon the bonds or contracts or may have required one (1) or more of the sureties to be residents of any particular territory.

(b) Where these bonds are given by administrators, executors, guardians, receivers, assignees, trustees, or other officers of the court, the court appointing the officers may allow the expense incurred by the officers in securing this bond in the insurer as part of the expenses of the trust to be paid out of the fund.

Acts 1959, No. 148, § 449; A.S.A. 1947, § 66-4101.
Ark. Code Ann. § 23-81-302 — AR Code / Title 23 / Chapter 81 / Subchapter 3 / Section 23-81-302
Applicability
Status: in_force

This subchapter shall not apply to any reinsurance, group annuity purchased under a retirement plan or plan of deferred compensation established or maintained by an employer, including a partnership or sole proprietorship, or by an employee organization, or by both, other than a plan providing individual retirement accounts or individual retirement annuities under section 408 of the Internal Revenue Code, as now or hereafter amended, premium deposit fund, variable annuity, investment annuity, immediate annuity, any deferred annuity contract after annuity payments have commenced, or reversionary annuity, nor to any contract which shall be delivered outside this state through an agent or other representative of the insurer issuing the contract. Acts 1981, No. 492, § 1; A.S.A. 1947, § 66-3327.1.

This subchapter shall not apply to any reinsurance, group annuity purchased under a retirement plan or plan of deferred compensation established or maintained by an employer, including a partnership or sole proprietorship, or by an employee organization, or by both, other than a plan providing individual retirement accounts or individual retirement annuities under section 408 of the Internal Revenue Code, as now or hereafter amended, premium deposit fund, variable annuity, investment annuity, immediate annuity, any deferred annuity contract after annuity payments have commenced, or reversionary annuity, nor to any contract which shall be delivered outside this state through an agent or other representative of the insurer issuing the contract.

Acts 1981, No. 492, § 1; A.S.A. 1947, § 66-3327.1.
Ark. Code Ann. § 23-113-101 — AR Code / Title 23 / Chapter 113 / Subchapter 1 / Section 23-113-101
Legislative findings
Status: in_force

(a) It is found and determined by the General Assembly that: (1) Horse racing and greyhound racing parks in the State of Arkansas promote economic and agribusiness activity in the state and especially in the local communities where the horse racing and greyhound racing parks are located; (2) Arkansas horse racing and greyhound racing parks also often promote tourism and positive publicity for the state, including recent national publicity surrounding the racehorse Smarty Jones, the winner of the 2004 Arkansas Derby and the 2004 Kentucky Derby, that went on to be honored as the 2004 best three-year-old thoroughbred horse in the country; (3) Many states, including Louisiana and Oklahoma, have authorized racetracks to offer wagering on additional forms of electronic games. The State of Texas is considering doing the same; (4) Many Arkansans travel to adjoining states in order to wager at legal gambling establishments in those states. This adversely impacts Arkansas tourism and results in certain economic activity leaving Arkansas for the benefit of adjoining states; (5) Economic and agribusiness benefits derived by the State of Arkansas from horse racing and greyhound racing parks in Arkansas, including Arkansas farms and breeding operations, are and will continue to be adversely impacted by these developments in adjoining and other states; (6) Although Arkansas horse racing and greyhound racing parks presently are allowed to offer wagering on electronic games based on previously run horse and greyhound races, racetracks in adjoining and other states are allowed to offer more types of electronic wagering games; and (7) These developments place Arkansas horse racing and greyhound racing parks at a competitive disadvantage to their counterparts in other states and especially affect the economies of the local Arkansas communities and related agribusinesses where the horse racing and greyhound racing parks are located in Arkansas. (b) It is further found and determined by the General Assembly that: (1) If no effort is made to address these issues: (A) Arkansans will continue to spend money out of state which might otherwise be spent in Arkansas; (B) Arkansas horse racing and greyhound racing parks will remain at a competitive disadvantage to their out-of-state counterparts, and this will not only adversely impact horse racing and greyhound racing parks in Arkansas, but also related Arkansas agribusinesses, including farms and breeding operations, and other Arkansas businesses that realize economic benefits from horse racing and greyhound racing activities in Arkansas; and (C) Jobs at Arkansas horse racing and greyhound racing parks and at related Arkansas agribusinesses, including farms and breeding operations, along with jobs at other Arkansas businesses that realize economic benefits from horse racing and greyhound racing activities in Arkansas, may become in jeopardy; and (2) If this chapter is enacted and becomes law and local voters in the communities where the horse racing and greyhound racing parks are located approve the wagering on additional games of skill at Arkansas horse racing and greyhound racing parks as provided in this chapter: (A) Arkansans will spend money in Arkansas which might otherwise have been spent out of state; (B) Arkansas horse racing and greyhound racing parks will become more competitive, and this will provide economic benefits to related Arkansas agribusinesses, including farms and breeding operations, as well as other related Arkansas businesses; and (C) Jobs at Arkansas horse racing and greyhound racing parks and at related agribusinesses, along with jobs at other businesses that realize economic benefits from horse racing and greyhound racing activities in Arkansas, will be better protected and more secure, and additional job opportunities may be created. (c) For the reasons stated in subsections (a) and (b) of this section and other reasons, the General Assembly finds that cities or counties where horse racing or greyhound racing parks are located in Arkansas should have the opportunity to address these issues and promote economic development, tourism, and agribusiness by allowing the voters in those cities or counties to have the opportunity by local election to authorize horse racing or greyhound racing parks in their communities to offer wagering on additional forms of electronic games of skill. Acts 2005, No. 1151, § 1.

(a) It is found and determined by the General Assembly that: (1) Horse racing and greyhound racing parks in the State of Arkansas promote economic and agribusiness activity in the state and especially in the local communities where the horse racing and greyhound racing parks are located; (2) Arkansas horse racing and greyhound racing parks also often promote tourism and positive publicity for the state, including recent national publicity surrounding the racehorse Smarty Jones, the winner of the 2004 Arkansas Derby and the 2004 Kentucky Derby, that went on to be honored as the 2004 best three-year-old thoroughbred horse in the country; (3) Many states, including Louisiana and Oklahoma, have authorized racetracks to offer wagering on additional forms of electronic games. The State of Texas is considering doing the same; (4) Many Arkansans travel to adjoining states in order to wager at legal gambling establishments in those states. This adversely impacts Arkansas tourism and results in certain economic activity leaving Arkansas for the benefit of adjoining states; (5) Economic and agribusiness benefits derived by the State of Arkansas from horse racing and greyhound racing parks in Arkansas, including Arkansas farms and breeding operations, are and will continue to be adversely impacted by these developments in adjoining and other states; (6) Although Arkansas horse racing and greyhound racing parks presently are allowed to offer wagering on electronic games based on previously run horse and greyhound races, racetracks in adjoining and other states are allowed to offer more types of electronic wagering games; and (7) These developments place Arkansas horse racing and greyhound racing parks at a competitive disadvantage to their counterparts in other states and especially affect the economies of the local Arkansas communities and related agribusinesses where the horse racing and greyhound racing parks are located in Arkansas.

(1) Horse racing and greyhound racing parks in the State of Arkansas promote economic and agribusiness activity in the state and especially in the local communities where the horse racing and greyhound racing parks are located;

(2) Arkansas horse racing and greyhound racing parks also often promote tourism and positive publicity for the state, including recent national publicity surrounding the racehorse Smarty Jones, the winner of the 2004 Arkansas Derby and the 2004 Kentucky Derby, that went on to be honored as the 2004 best three-year-old thoroughbred horse in the country;

(3) Many states, including Louisiana and Oklahoma, have authorized racetracks to offer wagering on additional forms of electronic games. The State of Texas is considering doing the same;

(4) Many Arkansans travel to adjoining states in order to wager at legal gambling establishments in those states. This adversely impacts Arkansas tourism and results in certain economic activity leaving Arkansas for the benefit of adjoining states;

(5) Economic and agribusiness benefits derived by the State of Arkansas from horse racing and greyhound racing parks in Arkansas, including Arkansas farms and breeding operations, are and will continue to be adversely impacted by these developments in adjoining and other states;

(6) Although Arkansas horse racing and greyhound racing parks presently are allowed to offer wagering on electronic games based on previously run horse and greyhound races, racetracks in adjoining and other states are allowed to offer more types of electronic wagering games; and

(7) These developments place Arkansas horse racing and greyhound racing parks at a competitive disadvantage to their counterparts in other states and especially affect the economies of the local Arkansas communities and related agribusinesses where the horse racing and greyhound racing parks are located in Arkansas.

(b) It is further found and determined by the General Assembly that: (1) If no effort is made to address these issues: (A) Arkansans will continue to spend money out of state which might otherwise be spent in Arkansas; (B) Arkansas horse racing and greyhound racing parks will remain at a competitive disadvantage to their out-of-state counterparts, and this will not only adversely impact horse racing and greyhound racing parks in Arkansas, but also related Arkansas agribusinesses, including farms and breeding operations, and other Arkansas businesses that realize economic benefits from horse racing and greyhound racing activities in Arkansas; and (C) Jobs at Arkansas horse racing and greyhound racing parks and at related Arkansas agribusinesses, including farms and breeding operations, along with jobs at other Arkansas businesses that realize economic benefits from horse racing and greyhound racing activities in Arkansas, may become in jeopardy; and (2) If this chapter is enacted and becomes law and local voters in the communities where the horse racing and greyhound racing parks are located approve the wagering on additional games of skill at Arkansas horse racing and greyhound racing parks as provided in this chapter: (A) Arkansans will spend money in Arkansas which might otherwise have been spent out of state; (B) Arkansas horse racing and greyhound racing parks will become more competitive, and this will provide economic benefits to related Arkansas agribusinesses, including farms and breeding operations, as well as other related Arkansas businesses; and (C) Jobs at Arkansas horse racing and greyhound racing parks and at related agribusinesses, along with jobs at other businesses that realize economic benefits from horse racing and greyhound racing activities in Arkansas, will be better protected and more secure, and additional job opportunities may be created.

(1) If no effort is made to address these issues: (A) Arkansans will continue to spend money out of state which might otherwise be spent in Arkansas; (B) Arkansas horse racing and greyhound racing parks will remain at a competitive disadvantage to their out-of-state counterparts, and this will not only adversely impact horse racing and greyhound racing parks in Arkansas, but also related Arkansas agribusinesses, including farms and breeding operations, and other Arkansas businesses that realize economic benefits from horse racing and greyhound racing activities in Arkansas; and (C) Jobs at Arkansas horse racing and greyhound racing parks and at related Arkansas agribusinesses, including farms and breeding operations, along with jobs at other Arkansas businesses that realize economic benefits from horse racing and greyhound racing activities in Arkansas, may become in jeopardy; and

(A) Arkansans will continue to spend money out of state which might otherwise be spent in Arkansas;

(B) Arkansas horse racing and greyhound racing parks will remain at a competitive disadvantage to their out-of-state counterparts, and this will not only adversely impact horse racing and greyhound racing parks in Arkansas, but also related Arkansas agribusinesses, including farms and breeding operations, and other Arkansas businesses that realize economic benefits from horse racing and greyhound racing activities in Arkansas; and

(C) Jobs at Arkansas horse racing and greyhound racing parks and at related Arkansas agribusinesses, including farms and breeding operations, along with jobs at other Arkansas businesses that realize economic benefits from horse racing and greyhound racing activities in Arkansas, may become in jeopardy; and

(2) If this chapter is enacted and becomes law and local voters in the communities where the horse racing and greyhound racing parks are located approve the wagering on additional games of skill at Arkansas horse racing and greyhound racing parks as provided in this chapter: (A) Arkansans will spend money in Arkansas which might otherwise have been spent out of state; (B) Arkansas horse racing and greyhound racing parks will become more competitive, and this will provide economic benefits to related Arkansas agribusinesses, including farms and breeding operations, as well as other related Arkansas businesses; and (C) Jobs at Arkansas horse racing and greyhound racing parks and at related agribusinesses, along with jobs at other businesses that realize economic benefits from horse racing and greyhound racing activities in Arkansas, will be better protected and more secure, and additional job opportunities may be created.

(A) Arkansans will spend money in Arkansas which might otherwise have been spent out of state;

(B) Arkansas horse racing and greyhound racing parks will become more competitive, and this will provide economic benefits to related Arkansas agribusinesses, including farms and breeding operations, as well as other related Arkansas businesses; and

(C) Jobs at Arkansas horse racing and greyhound racing parks and at related agribusinesses, along with jobs at other businesses that realize economic benefits from horse racing and greyhound racing activities in Arkansas, will be better protected and more secure, and additional job opportunities may be created.

(c) For the reasons stated in subsections (a) and (b) of this section and other reasons, the General Assembly finds that cities or counties where horse racing or greyhound racing parks are located in Arkansas should have the opportunity to address these issues and promote economic development, tourism, and agribusiness by allowing the voters in those cities or counties to have the opportunity by local election to authorize horse racing or greyhound racing parks in their communities to offer wagering on additional forms of electronic games of skill.

Acts 2005, No. 1151, § 1.
Ark. Code Ann. § 23-96-119 — AR Code / Title 23 / Chapter 96 / Section 23-96-119
Distributions of ownership rights
Status: in_force

(a) (1) (A) Before the termination of any liquidation, rehabilitation, or conservation proceeding, the court may take into consideration the contributions of the respective parties, including the Arkansas Life and Health Insurance Guaranty Association, the shareholders, contract owners, certificate holders, enrollees, and policy owners of the insolvent insurer, and any other party with a bona fide interest, in making an equitable distribution of the ownership rights of the insolvent insurer. (B) In such a determination, consideration shall be given to the welfare of the policy owners, contract owners, certificate holders, and enrollees of the continuing or successor member insurer. (2) A distribution to stockholders, if any, of an impaired insurer or insolvent insurer shall not be made until the total amount of valid claims of the association with interest thereon for funds expended in carrying out its powers and duties under §§ 23-96-111 - 23-96-114 and 23-96-120 with respect to the member insurer has been fully recovered by the association. (b) (1) If an order for liquidation or rehabilitation of a member insurer domiciled in this state has been entered, the receiver appointed under the order shall have a right to recover on behalf of the member insurer, from any affiliate that controlled it, the amount of distributions, other than stock dividends paid by the member insurer on its capital stock, made at any time during the five (5) years preceding the petition for liquidation or rehabilitation subject to the limitations of subdivisions (b)(2)-(4) of this section. (2) Such a distribution is not recoverable if the member insurer shows that, when paid, the distribution was lawful and reasonable and that the member insurer did not know and could not reasonably have known that the distribution might adversely affect the ability of the member insurer to fulfill its contractual obligations. (3) (A) Any person that was an affiliate that controlled the member insurer at the time the distributions were paid shall be liable up to the amount of distributions the person received. (B) Any person that was an affiliate that controlled the member insurer at the time the distributions were declared shall be liable up to the amount of distributions the person would have received if the distributions had been paid immediately. (C) If two (2) or more persons are liable with respect to the same distributions, they shall be jointly and severally liable. (4) The maximum amount recoverable under this subsection shall be the amount needed in excess of all other available assets of the insolvent insurer to pay the contractual obligations of the insolvent insurer. (5) If any person liable under subdivision (b)(3) of this section is insolvent, all of the affiliates that controlled the person at the time the distribution was paid shall be jointly and severally liable for any resulting deficiency in the amount recovered from the insolvent affiliate. Amended by Act 2019, No. 520,§ 2, eff. 7/24/2019. Acts 1989, No. 444, § 14; 1997, No. 950, § 1.

(a) (1) (A) Before the termination of any liquidation, rehabilitation, or conservation proceeding, the court may take into consideration the contributions of the respective parties, including the Arkansas Life and Health Insurance Guaranty Association, the shareholders, contract owners, certificate holders, enrollees, and policy owners of the insolvent insurer, and any other party with a bona fide interest, in making an equitable distribution of the ownership rights of the insolvent insurer. (B) In such a determination, consideration shall be given to the welfare of the policy owners, contract owners, certificate holders, and enrollees of the continuing or successor member insurer. (2) A distribution to stockholders, if any, of an impaired insurer or insolvent insurer shall not be made until the total amount of valid claims of the association with interest thereon for funds expended in carrying out its powers and duties under §§ 23-96-111 - 23-96-114 and 23-96-120 with respect to the member insurer has been fully recovered by the association.

(1) (A) Before the termination of any liquidation, rehabilitation, or conservation proceeding, the court may take into consideration the contributions of the respective parties, including the Arkansas Life and Health Insurance Guaranty Association, the shareholders, contract owners, certificate holders, enrollees, and policy owners of the insolvent insurer, and any other party with a bona fide interest, in making an equitable distribution of the ownership rights of the insolvent insurer. (B) In such a determination, consideration shall be given to the welfare of the policy owners, contract owners, certificate holders, and enrollees of the continuing or successor member insurer.

(A) Before the termination of any liquidation, rehabilitation, or conservation proceeding, the court may take into consideration the contributions of the respective parties, including the Arkansas Life and Health Insurance Guaranty Association, the shareholders, contract owners, certificate holders, enrollees, and policy owners of the insolvent insurer, and any other party with a bona fide interest, in making an equitable distribution of the ownership rights of the insolvent insurer.

(B) In such a determination, consideration shall be given to the welfare of the policy owners, contract owners, certificate holders, and enrollees of the continuing or successor member insurer.

(2) A distribution to stockholders, if any, of an impaired insurer or insolvent insurer shall not be made until the total amount of valid claims of the association with interest thereon for funds expended in carrying out its powers and duties under §§ 23-96-111 - 23-96-114 and 23-96-120 with respect to the member insurer has been fully recovered by the association.

(b) (1) If an order for liquidation or rehabilitation of a member insurer domiciled in this state has been entered, the receiver appointed under the order shall have a right to recover on behalf of the member insurer, from any affiliate that controlled it, the amount of distributions, other than stock dividends paid by the member insurer on its capital stock, made at any time during the five (5) years preceding the petition for liquidation or rehabilitation subject to the limitations of subdivisions (b)(2)-(4) of this section. (2) Such a distribution is not recoverable if the member insurer shows that, when paid, the distribution was lawful and reasonable and that the member insurer did not know and could not reasonably have known that the distribution might adversely affect the ability of the member insurer to fulfill its contractual obligations. (3) (A) Any person that was an affiliate that controlled the member insurer at the time the distributions were paid shall be liable up to the amount of distributions the person received. (B) Any person that was an affiliate that controlled the member insurer at the time the distributions were declared shall be liable up to the amount of distributions the person would have received if the distributions had been paid immediately. (C) If two (2) or more persons are liable with respect to the same distributions, they shall be jointly and severally liable. (4) The maximum amount recoverable under this subsection shall be the amount needed in excess of all other available assets of the insolvent insurer to pay the contractual obligations of the insolvent insurer. (5) If any person liable under subdivision (b)(3) of this section is insolvent, all of the affiliates that controlled the person at the time the distribution was paid shall be jointly and severally liable for any resulting deficiency in the amount recovered from the insolvent affiliate.

(1) If an order for liquidation or rehabilitation of a member insurer domiciled in this state has been entered, the receiver appointed under the order shall have a right to recover on behalf of the member insurer, from any affiliate that controlled it, the amount of distributions, other than stock dividends paid by the member insurer on its capital stock, made at any time during the five (5) years preceding the petition for liquidation or rehabilitation subject to the limitations of subdivisions (b)(2)-(4) of this section.

(2) Such a distribution is not recoverable if the member insurer shows that, when paid, the distribution was lawful and reasonable and that the member insurer did not know and could not reasonably have known that the distribution might adversely affect the ability of the member insurer to fulfill its contractual obligations.

(3) (A) Any person that was an affiliate that controlled the member insurer at the time the distributions were paid shall be liable up to the amount of distributions the person received. (B) Any person that was an affiliate that controlled the member insurer at the time the distributions were declared shall be liable up to the amount of distributions the person would have received if the distributions had been paid immediately. (C) If two (2) or more persons are liable with respect to the same distributions, they shall be jointly and severally liable.

(A) Any person that was an affiliate that controlled the member insurer at the time the distributions were paid shall be liable up to the amount of distributions the person received.

(B) Any person that was an affiliate that controlled the member insurer at the time the distributions were declared shall be liable up to the amount of distributions the person would have received if the distributions had been paid immediately.

(C) If two (2) or more persons are liable with respect to the same distributions, they shall be jointly and severally liable.

(4) The maximum amount recoverable under this subsection shall be the amount needed in excess of all other available assets of the insolvent insurer to pay the contractual obligations of the insolvent insurer.

(5) If any person liable under subdivision (b)(3) of this section is insolvent, all of the affiliates that controlled the person at the time the distribution was paid shall be jointly and severally liable for any resulting deficiency in the amount recovered from the insolvent affiliate.

Amended by Act 2019, No. 520,§ 2, eff. 7/24/2019.

Acts 1989, No. 444, § 14; 1997, No. 950, § 1.
Ark. Code Ann. § 23-15-214 — AR Code / Title 23 / Chapter 15 / Subchapter 2 / Section 23-15-214
Fees - Definition
Status: in_force

(a) (1) There is levied and charged and shall be collected by the Arkansas Public Service Commission an annual assessment fee against each natural gas pipeline transporter, owner, or operator subject to the provisions of this subchapter to provide for the cost of operating the pipeline safety program of the commission. (2) Each natural gas pipeline transporter, owner, or operator shall pay the annual assessment fee authorized in this section for the pipeline safety program, which shall be in addition to any assessment fee authorized by § 23-3-110 . This annual assessment, together with any assessment fee charged under § 23-3-110 , shall not exceed in any year an amount in excess of that which could be charged and collected pursuant to § 23-3-110 . (3) All annual assessment fees levied under this section shall be in addition to all property, franchise, license, or other taxes, fees, or charges prescribed by law. (4) (A) Except for natural gas pipeline facilities consisting of fewer than fifty (50) miles, the annual assessment fee shall be levied and charged in an amount which shall be equivalent to that proportion of the total pipeline safety program's costs that each natural gas pipeline transporter's, owner's, or operator's miles of natural gas pipeline in Arkansas, not including service lines in distribution systems, bear to the total number of miles of natural gas pipeline in Arkansas of all natural gas pipeline transporters, owners, or operators who are subject to the provisions of this section. (B) Each natural gas transporter, owner, or operator of natural gas pipeline facilities totaling fewer than fifty (50) miles shall pay an annual assessment fee equal to fifteen ten-thousandths (.0015) times the total cost of operating the pipeline safety program of the commission for the assessment year. (b) Each natural gas pipeline transporter, owner, or operator ceasing to engage in activities subject to the provisions of this subchapter during any calendar year shall pay to the commission within fifteen (15) days of ceasing such activities all assessments then owing, and shall at the same time file with the commission a statement of the number of its miles of natural gas pipeline in Arkansas for the current year and for the previous year if it has not theretofore been filed. (c) (1) The calculation of annual assessment fees will be based on the pipeline miles reported to the Office of Pipeline Safety of the Arkansas Public Service Commission on or before March 15 of each year. (2) After determining the amount of the annual assessment imposed by this section, the commission, annually on or before June 1, shall prepare and transmit to each natural gas pipeline transporter, owner, or operator a statement of the assessment due for the cost of operating the pipeline safety program of the commission. (3) Thereafter, on or before June 30, each natural gas pipeline transporter, owner, or operator who was billed under subdivision (c)(2) of this section shall pay to the secretary of the Arkansas Public Service Commission any annual assessment fee due under this section. (4) In the event any natural gas pipeline transporter, owner, or operator shall fail or refuse to pay the annual assessment fee provided for in this section on or before June 30, the commission shall add to the annual assessment fee a penalty of twenty-five percent (25%) thereof and certify the amount of the delinquent tax and penalty to the Attorney General for collection. (d) For purposes of this section, the term "natural gas pipeline transporter, owner, or operator": (1) Shall mean any individual, firm, joint venture, partnership, corporation, association, state, municipality, cooperative association, joint-stock association, or any business segment thereof, and includes any trustee, receiver, assignee, or personal representative who engages in the transportation of natural gas in Arkansas or who owns or operates natural gas pipeline facilities in Arkansas; and (2) Shall not include the owner or operator of a master-metered facility. Amended by Act 2013, No. 1343,§ 3, eff. 8/16/2013. Acts 1971, No. 285, § 8; 1975, No. 877, § 2; A.S.A. 1947, § 73-1915; Acts 1991, No. 793, § 5; 1993, No. 778, § 1; 2001, No. 766, § 1.

(a) (1) There is levied and charged and shall be collected by the Arkansas Public Service Commission an annual assessment fee against each natural gas pipeline transporter, owner, or operator subject to the provisions of this subchapter to provide for the cost of operating the pipeline safety program of the commission. (2) Each natural gas pipeline transporter, owner, or operator shall pay the annual assessment fee authorized in this section for the pipeline safety program, which shall be in addition to any assessment fee authorized by § 23-3-110 . This annual assessment, together with any assessment fee charged under § 23-3-110 , shall not exceed in any year an amount in excess of that which could be charged and collected pursuant to § 23-3-110 . (3) All annual assessment fees levied under this section shall be in addition to all property, franchise, license, or other taxes, fees, or charges prescribed by law. (4) (A) Except for natural gas pipeline facilities consisting of fewer than fifty (50) miles, the annual assessment fee shall be levied and charged in an amount which shall be equivalent to that proportion of the total pipeline safety program's costs that each natural gas pipeline transporter's, owner's, or operator's miles of natural gas pipeline in Arkansas, not including service lines in distribution systems, bear to the total number of miles of natural gas pipeline in Arkansas of all natural gas pipeline transporters, owners, or operators who are subject to the provisions of this section. (B) Each natural gas transporter, owner, or operator of natural gas pipeline facilities totaling fewer than fifty (50) miles shall pay an annual assessment fee equal to fifteen ten-thousandths (.0015) times the total cost of operating the pipeline safety program of the commission for the assessment year.

(1) There is levied and charged and shall be collected by the Arkansas Public Service Commission an annual assessment fee against each natural gas pipeline transporter, owner, or operator subject to the provisions of this subchapter to provide for the cost of operating the pipeline safety program of the commission.

(2) Each natural gas pipeline transporter, owner, or operator shall pay the annual assessment fee authorized in this section for the pipeline safety program, which shall be in addition to any assessment fee authorized by § 23-3-110 . This annual assessment, together with any assessment fee charged under § 23-3-110 , shall not exceed in any year an amount in excess of that which could be charged and collected pursuant to § 23-3-110 .

(3) All annual assessment fees levied under this section shall be in addition to all property, franchise, license, or other taxes, fees, or charges prescribed by law.

(4) (A) Except for natural gas pipeline facilities consisting of fewer than fifty (50) miles, the annual assessment fee shall be levied and charged in an amount which shall be equivalent to that proportion of the total pipeline safety program's costs that each natural gas pipeline transporter's, owner's, or operator's miles of natural gas pipeline in Arkansas, not including service lines in distribution systems, bear to the total number of miles of natural gas pipeline in Arkansas of all natural gas pipeline transporters, owners, or operators who are subject to the provisions of this section. (B) Each natural gas transporter, owner, or operator of natural gas pipeline facilities totaling fewer than fifty (50) miles shall pay an annual assessment fee equal to fifteen ten-thousandths (.0015) times the total cost of operating the pipeline safety program of the commission for the assessment year.

(A) Except for natural gas pipeline facilities consisting of fewer than fifty (50) miles, the annual assessment fee shall be levied and charged in an amount which shall be equivalent to that proportion of the total pipeline safety program's costs that each natural gas pipeline transporter's, owner's, or operator's miles of natural gas pipeline in Arkansas, not including service lines in distribution systems, bear to the total number of miles of natural gas pipeline in Arkansas of all natural gas pipeline transporters, owners, or operators who are subject to the provisions of this section.

(B) Each natural gas transporter, owner, or operator of natural gas pipeline facilities totaling fewer than fifty (50) miles shall pay an annual assessment fee equal to fifteen ten-thousandths (.0015) times the total cost of operating the pipeline safety program of the commission for the assessment year.

(b) Each natural gas pipeline transporter, owner, or operator ceasing to engage in activities subject to the provisions of this subchapter during any calendar year shall pay to the commission within fifteen (15) days of ceasing such activities all assessments then owing, and shall at the same time file with the commission a statement of the number of its miles of natural gas pipeline in Arkansas for the current year and for the previous year if it has not theretofore been filed.

(c) (1) The calculation of annual assessment fees will be based on the pipeline miles reported to the Office of Pipeline Safety of the Arkansas Public Service Commission on or before March 15 of each year. (2) After determining the amount of the annual assessment imposed by this section, the commission, annually on or before June 1, shall prepare and transmit to each natural gas pipeline transporter, owner, or operator a statement of the assessment due for the cost of operating the pipeline safety program of the commission. (3) Thereafter, on or before June 30, each natural gas pipeline transporter, owner, or operator who was billed under subdivision (c)(2) of this section shall pay to the secretary of the Arkansas Public Service Commission any annual assessment fee due under this section. (4) In the event any natural gas pipeline transporter, owner, or operator shall fail or refuse to pay the annual assessment fee provided for in this section on or before June 30, the commission shall add to the annual assessment fee a penalty of twenty-five percent (25%) thereof and certify the amount of the delinquent tax and penalty to the Attorney General for collection.

(1) The calculation of annual assessment fees will be based on the pipeline miles reported to the Office of Pipeline Safety of the Arkansas Public Service Commission on or before March 15 of each year.

(2) After determining the amount of the annual assessment imposed by this section, the commission, annually on or before June 1, shall prepare and transmit to each natural gas pipeline transporter, owner, or operator a statement of the assessment due for the cost of operating the pipeline safety program of the commission.

(3) Thereafter, on or before June 30, each natural gas pipeline transporter, owner, or operator who was billed under subdivision (c)(2) of this section shall pay to the secretary of the Arkansas Public Service Commission any annual assessment fee due under this section.

(4) In the event any natural gas pipeline transporter, owner, or operator shall fail or refuse to pay the annual assessment fee provided for in this section on or before June 30, the commission shall add to the annual assessment fee a penalty of twenty-five percent (25%) thereof and certify the amount of the delinquent tax and penalty to the Attorney General for collection.

(d) For purposes of this section, the term "natural gas pipeline transporter, owner, or operator": (1) Shall mean any individual, firm, joint venture, partnership, corporation, association, state, municipality, cooperative association, joint-stock association, or any business segment thereof, and includes any trustee, receiver, assignee, or personal representative who engages in the transportation of natural gas in Arkansas or who owns or operates natural gas pipeline facilities in Arkansas; and (2) Shall not include the owner or operator of a master-metered facility.

(1) Shall mean any individual, firm, joint venture, partnership, corporation, association, state, municipality, cooperative association, joint-stock association, or any business segment thereof, and includes any trustee, receiver, assignee, or personal representative who engages in the transportation of natural gas in Arkansas or who owns or operates natural gas pipeline facilities in Arkansas; and

(2) Shall not include the owner or operator of a master-metered facility.

Amended by Act 2013, No. 1343,§ 3, eff. 8/16/2013.

Acts 1971, No. 285, § 8; 1975, No. 877, § 2; A.S.A. 1947, § 73-1915; Acts 1991, No. 793, § 5; 1993, No. 778, § 1; 2001, No. 766, § 1.
Ark. Code Ann. § 23-10-434 — AR Code / Title 23 / Chapter 10 / Subchapter 4 / Section 23-10-434
Liability for failure to furnish or exchange cars - Exceptions
Status: in_force

(a) Every railroad company that, in violation of any of the provisions of this section and §§ 23-10-401 , 23-10-432 , 23-10-433 , 23-10-435 - 23-10-437 , and 23-12-605 , fails to furnish any cars for the shipment of any freight within a reasonable time or, in case of the shipment of freight between points within this state, within the time prescribed by the Arkansas Department of Transportation if the department shall prescribe the time by rules as provided in this section and §§ 23-10-401 , 23-10-432 , 23-10-433 , 23-10-435 - 23-10-437 , and 23-12-605 , and the company fails to do so within a reasonable time, or fails to receive and forward any loaded cars or to exchange cars as provided for in this section and §§ 23-10-401 , 23-10-432 , 23-10-433 , 23-10-435 - 23-10-437 , and 23-12-605 , that company shall be liable to the shipper or other person injured or damaged thereby for all such injury and damages as may result to the shipper. The railroad company is also liable for all special damages of which it had notice at the time of the shipment or which occurs after written notice thereof, and shall be liable, in addition thereto, for an amount equal to a reasonable attorney's fee, in case suit is brought for recovery of such damages. (b) In case of the failure or refusal to so furnish, within a reasonable time, any cars for the shipment of livestock, green fruit, vegetables, or other perishable freight, the railroad company shall be liable to the shipper for the damage caused thereby and a reasonable attorney's fee in case suit is brought to recover the damages. (c) Every railroad company that fails to furnish cars or to exchange cars as required by the provisions of this section and §§ 23-10-401 , 23-10-432 , 23-10-433 , 23-10-435 - 23-10-437 , and 23-12-605 or by the rules of the department as provided in this section and §§ 23-10-401 , 23-10-432 , 23-10-433 , 23-10-435 - 23-10-437 , and 23-12-605 shall be liable to the railroad company injured thereby for all such damages as may result to it and, in addition thereto, an amount equal to a reasonable attorney's fee in case of suit brought for the recovery of any damages. Amended by Act 2019, No. 315,§ 2405, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2404, eff. 7/24/2019. Amended by Act 2017, No. 707,§ 149, eff. 8/1/2017. Acts 1909, No. 277, § 2, p. 814; C. & M. Dig., § 1635; Pope's Dig., § 1956; A.S.A. 1947, § 73-1306.

(a) Every railroad company that, in violation of any of the provisions of this section and §§ 23-10-401 , 23-10-432 , 23-10-433 , 23-10-435 - 23-10-437 , and 23-12-605 , fails to furnish any cars for the shipment of any freight within a reasonable time or, in case of the shipment of freight between points within this state, within the time prescribed by the Arkansas Department of Transportation if the department shall prescribe the time by rules as provided in this section and §§ 23-10-401 , 23-10-432 , 23-10-433 , 23-10-435 - 23-10-437 , and 23-12-605 , and the company fails to do so within a reasonable time, or fails to receive and forward any loaded cars or to exchange cars as provided for in this section and §§ 23-10-401 , 23-10-432 , 23-10-433 , 23-10-435 - 23-10-437 , and 23-12-605 , that company shall be liable to the shipper or other person injured or damaged thereby for all such injury and damages as may result to the shipper. The railroad company is also liable for all special damages of which it had notice at the time of the shipment or which occurs after written notice thereof, and shall be liable, in addition thereto, for an amount equal to a reasonable attorney's fee, in case suit is brought for recovery of such damages.

(b) In case of the failure or refusal to so furnish, within a reasonable time, any cars for the shipment of livestock, green fruit, vegetables, or other perishable freight, the railroad company shall be liable to the shipper for the damage caused thereby and a reasonable attorney's fee in case suit is brought to recover the damages.

(c) Every railroad company that fails to furnish cars or to exchange cars as required by the provisions of this section and §§ 23-10-401 , 23-10-432 , 23-10-433 , 23-10-435 - 23-10-437 , and 23-12-605 or by the rules of the department as provided in this section and §§ 23-10-401 , 23-10-432 , 23-10-433 , 23-10-435 - 23-10-437 , and 23-12-605 shall be liable to the railroad company injured thereby for all such damages as may result to it and, in addition thereto, an amount equal to a reasonable attorney's fee in case of suit brought for the recovery of any damages.

Amended by Act 2019, No. 315,§ 2405, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2404, eff. 7/24/2019.

Amended by Act 2017, No. 707,§ 149, eff. 8/1/2017.

Acts 1909, No. 277, § 2, p. 814; C. & M. Dig., § 1635; Pope's Dig., § 1956; A.S.A. 1947, § 73-1306.
Ark. Code Ann. § 23-79-1302 — AR Code / Title 23 / Chapter 79 / Subchapter 13 / Section 23-79-1302
Definitions
Status: in_force

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 governmental or church plan in this state. (B) "Health benefit plan" includes: (i) Indemnity and managed care plans; and (ii) Governmental plans as defined in 29 U.S.C. § 1002(32) , as it existed on January 1, 2009. (C) "Health benefit plan" does not include: (i) Accidental injury insurance plans; (ii) Dental insurance plans; (iii) Vision insurance plans; (iv) Specified disease insurance plans; (v) Disability income plans; (vi) Credit insurance plans; (vii) Insurance coverage issued as a supplement to liability insurance; (viii) Medical payments under automobile or homeowners' insurance plans; (ix) Health benefit plans provided under Arkansas Constitution, Article 5, § 32, the Workers' Compensation Law, § 11-9-101 et seq., and the Public Employee Workers' Compensation Act, § 21-5-601 et seq.; (x) Insurance under which benefits are payable with or without regard to fault and the benefits that are statutorily required to be contained in any liability policy or equivalent self-insurance; and (xi) Plans that provide only indemnity for hospital confinement; (2) "National Comprehensive Cancer Network" means: (A) A not-for-profit alliance of twenty-one (21) of the world's leading cancer centers dedicated to improving the quality and effectiveness of care provided to patients with cancer; and (B) With the primary goal of improving the quality, effectiveness, and efficiency of oncology practice so that patients may live better lives; and (3) "Premature death" means a death that occurs before sixty-five (65) years of age. Acts 2009, No. 75, § 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 governmental or church plan in this state. (B) "Health benefit plan" includes: (i) Indemnity and managed care plans; and (ii) Governmental plans as defined in 29 U.S.C. § 1002(32) , as it existed on January 1, 2009. (C) "Health benefit plan" does not include: (i) Accidental injury insurance plans; (ii) Dental insurance plans; (iii) Vision insurance plans; (iv) Specified disease insurance plans; (v) Disability income plans; (vi) Credit insurance plans; (vii) Insurance coverage issued as a supplement to liability insurance; (viii) Medical payments under automobile or homeowners' insurance plans; (ix) Health benefit plans provided under Arkansas Constitution, Article 5, § 32, the Workers' Compensation Law, § 11-9-101 et seq., and the Public Employee Workers' Compensation Act, § 21-5-601 et seq.; (x) Insurance under which benefits are payable with or without regard to fault and the benefits that are statutorily required to be contained in any liability policy or equivalent self-insurance; and (xi) Plans that provide only indemnity for hospital confinement;

(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 governmental or church plan in this state.

(B) "Health benefit plan" includes: (i) Indemnity and managed care plans; and (ii) Governmental plans as defined in 29 U.S.C. § 1002(32) , as it existed on January 1, 2009.

(i) Indemnity and managed care plans; and

(ii) Governmental plans as defined in 29 U.S.C. § 1002(32) , as it existed on January 1, 2009.

(C) "Health benefit plan" does not include: (i) Accidental injury insurance plans; (ii) Dental insurance plans; (iii) Vision insurance plans; (iv) Specified disease insurance plans; (v) Disability income plans; (vi) Credit insurance plans; (vii) Insurance coverage issued as a supplement to liability insurance; (viii) Medical payments under automobile or homeowners' insurance plans; (ix) Health benefit plans provided under Arkansas Constitution, Article 5, § 32, the Workers' Compensation Law, § 11-9-101 et seq., and the Public Employee Workers' Compensation Act, § 21-5-601 et seq.; (x) Insurance under which benefits are payable with or without regard to fault and the benefits that are statutorily required to be contained in any liability policy or equivalent self-insurance; and (xi) Plans that provide only indemnity for hospital confinement;

(i) Accidental injury insurance plans;

(ii) Dental insurance plans;

(iii) Vision insurance plans;

(iv) Specified disease insurance plans;

(v) Disability income plans;

(vi) Credit insurance plans;

(vii) Insurance coverage issued as a supplement to liability insurance;

(viii) Medical payments under automobile or homeowners' insurance plans;

(ix) Health benefit plans provided under Arkansas Constitution, Article 5, § 32, the Workers' Compensation Law, § 11-9-101 et seq., and the Public Employee Workers' Compensation Act, § 21-5-601 et seq.;

(x) Insurance under which benefits are payable with or without regard to fault and the benefits that are statutorily required to be contained in any liability policy or equivalent self-insurance; and

(xi) Plans that provide only indemnity for hospital confinement;

(2) "National Comprehensive Cancer Network" means: (A) A not-for-profit alliance of twenty-one (21) of the world's leading cancer centers dedicated to improving the quality and effectiveness of care provided to patients with cancer; and (B) With the primary goal of improving the quality, effectiveness, and efficiency of oncology practice so that patients may live better lives; and

(A) A not-for-profit alliance of twenty-one (21) of the world's leading cancer centers dedicated to improving the quality and effectiveness of care provided to patients with cancer; and

(B) With the primary goal of improving the quality, effectiveness, and efficiency of oncology practice so that patients may live better lives; and

(3) "Premature death" means a death that occurs before sixty-five (65) years of age.

Acts 2009, No. 75, § 1.
Ark. Code Ann. § 23-1-113 — AR Code / Title 23 / Chapter 1 / Section 23-1-113
Indeterminate permits granted under Acts 1919, No. 571
Status: in_force

(a) All indeterminate permits and any rights, powers, privileges, or immunities thereunder, granted to, received by, or otherwise acquired by public utilities pursuant to authority granted by or under the provisions of Acts 1919, No. 571, are expressly declared to be assignable. (b) All assignments and transfers of such indeterminate permits, or of any right, power, privilege, or immunity existing under or created by Acts 1919, No. 571, made by the holders or owners of such permits prior to June 13, 1929, are declared to be valid and effective. (c) (1) Neither the adoption of this section nor anything contained in it shall be construed or understood to mean that such indeterminate permits or the rights, powers, privileges, or immunities created or existing under Acts 1919, No. 571, were not assignable and transferable prior to the adoption of this section. (2) This section shall not be construed as relieving any public utility from the terms of any existing contract or as enlarging or increasing in any manner any right or privilege granted under any indeterminate permit or franchise. Acts 1929, No. 284, § 1; Pope's Dig., § 1938; A.S.A. 1947, § 73-266.

(a) All indeterminate permits and any rights, powers, privileges, or immunities thereunder, granted to, received by, or otherwise acquired by public utilities pursuant to authority granted by or under the provisions of Acts 1919, No. 571, are expressly declared to be assignable.

(b) All assignments and transfers of such indeterminate permits, or of any right, power, privilege, or immunity existing under or created by Acts 1919, No. 571, made by the holders or owners of such permits prior to June 13, 1929, are declared to be valid and effective.

(c) (1) Neither the adoption of this section nor anything contained in it shall be construed or understood to mean that such indeterminate permits or the rights, powers, privileges, or immunities created or existing under Acts 1919, No. 571, were not assignable and transferable prior to the adoption of this section. (2) This section shall not be construed as relieving any public utility from the terms of any existing contract or as enlarging or increasing in any manner any right or privilege granted under any indeterminate permit or franchise.

(1) Neither the adoption of this section nor anything contained in it shall be construed or understood to mean that such indeterminate permits or the rights, powers, privileges, or immunities created or existing under Acts 1919, No. 571, were not assignable and transferable prior to the adoption of this section.

(2) This section shall not be construed as relieving any public utility from the terms of any existing contract or as enlarging or increasing in any manner any right or privilege granted under any indeterminate permit or franchise.

Acts 1929, No. 284, § 1; Pope's Dig., § 1938; A.S.A. 1947, § 73-266.
Ark. Code Ann. § 23-3-118 — AR Code / Title 23 / Chapter 3 / Subchapter 1 / Section 23-3-118
Rates, charges, or service - Investigations
Status: in_force

(a) Whenever the commission believes that any rate or charge may be unreasonable or unjustly discriminatory, that any service is inadequate, or that an investigation of any matter relating to any public utility should for any reason be made, it may on its own motion and with or without notice, make a preliminary investigation. (b) If, after making the preliminary investigation, the commission believes that sufficient grounds exist to justify a formal investigation of and hearing on the matters preliminarily investigated, it shall make an order to that effect. (c) Thereupon, proceedings shall be had, conducted, and concluded in reference to the matters in like manner as though complaint had been filed with the commission. Acts 1935, No. 324, § 16; Pope's Dig., § 2079; A.S.A. 1947, § 73-215.

(a) Whenever the commission believes that any rate or charge may be unreasonable or unjustly discriminatory, that any service is inadequate, or that an investigation of any matter relating to any public utility should for any reason be made, it may on its own motion and with or without notice, make a preliminary investigation.

(b) If, after making the preliminary investigation, the commission believes that sufficient grounds exist to justify a formal investigation of and hearing on the matters preliminarily investigated, it shall make an order to that effect.

(c) Thereupon, proceedings shall be had, conducted, and concluded in reference to the matters in like manner as though complaint had been filed with the commission.

Acts 1935, No. 324, § 16; Pope's Dig., § 2079; A.S.A. 1947, § 73-215.
Ark. Code Ann. § 23-40-114 — AR Code / Title 23 / Chapter 40 / Section 23-40-114
Trust funds - Creation - Deposits, withdrawals, and transfers of funds
Status: in_force

(a) All contract proceeds collected under contracts for prepaid funeral benefits, including funds collected under contracts entered into before June 28, 1985, shall be deposited with a trustee within twenty (20) business days after receipt of proceeds, to be held, invested, and administered in a trust fund for the benefit and protection of the contract purchasers pursuant to this chapter. (b) Each trust fund shall be created by a letter or written agreement which shall be filed with and approved by the Insurance Commissioner prior to placement of funds. (c) The seller may deposit money or property as surplus at any time. (d) The commissioner shall prescribe by regulation proper affidavits and forms for the withdrawal of funds from the trust fund. (e) The commissioner shall first approve and authorize in writing any transfer of funds from an existing trustee to a proposed new trustee if the proposed new trustee meets the requirements of this chapter and the rules promulgated thereunder. (f) The licensee shall file a request for a transfer of funds, together with a filing fee of two hundred fifty dollars ($250), and any other information required by rule. (g) This section shall not apply to the proceeds of insurance policies or contracts, and it shall not be necessary to establish a trust for the payment of such proceeds to the beneficiary designated in the policy or contract or the assignee or transferee thereof. (h) [Repealed.] Amended by Act 2019, No. 315,§ 2506, eff. 7/24/2019. Amended by Act 2015, No. 904,§ 6, eff. 4/1/2015. Acts 1985, No. 156, § 8; A.S.A. 1947, § 67-1720; Acts 1995, No. 852, § 6; 1997, No. 372, § 7; 2001, No. 1043, § 3; 2003, No. 987, § 4[3].

(a) All contract proceeds collected under contracts for prepaid funeral benefits, including funds collected under contracts entered into before June 28, 1985, shall be deposited with a trustee within twenty (20) business days after receipt of proceeds, to be held, invested, and administered in a trust fund for the benefit and protection of the contract purchasers pursuant to this chapter.

(b) Each trust fund shall be created by a letter or written agreement which shall be filed with and approved by the Insurance Commissioner prior to placement of funds.

(c) The seller may deposit money or property as surplus at any time.

(d) The commissioner shall prescribe by regulation proper affidavits and forms for the withdrawal of funds from the trust fund.

(e) The commissioner shall first approve and authorize in writing any transfer of funds from an existing trustee to a proposed new trustee if the proposed new trustee meets the requirements of this chapter and the rules promulgated thereunder.

(f) The licensee shall file a request for a transfer of funds, together with a filing fee of two hundred fifty dollars ($250), and any other information required by rule.

(g) This section shall not apply to the proceeds of insurance policies or contracts, and it shall not be necessary to establish a trust for the payment of such proceeds to the beneficiary designated in the policy or contract or the assignee or transferee thereof.

(h) [Repealed.]

Amended by Act 2019, No. 315,§ 2506, eff. 7/24/2019.

Amended by Act 2015, No. 904,§ 6, eff. 4/1/2015.

Acts 1985, No. 156, § 8; A.S.A. 1947, § 67-1720; Acts 1995, No. 852, § 6; 1997, No. 372, § 7; 2001, No. 1043, § 3; 2003, No. 987, § 4[3].
Ark. Code Ann. § 23-79-2802 — AR Code / Title 23 / Chapter 79 / Subchapter 28 / Section 23-79-2802
Coverage for screening for behavioral health conditions and coverage for behavioral health services
Status: in_force

(a) A healthcare insurer that offers, issues, or renews a health benefit plan in this state shall provide coverage for screening for behavioral health conditions and coverage for behavioral health services provided in a: (1) Hospital outpatient clinic; or (2) Physician clinic. (b) The coverage for screening for behavioral health conditions or for behavioral health services as described in this section: (1) Is not subject to policy deductibles or copayment requirements; and (2) Does not diminish or limit benefits otherwise allowable under a health benefit plan. (c) The coverage for screening for behavioral health and coverage for behavioral health services by a government self-insured plan is subject to any health benefit plan provisions that apply to other services covered by the health benefit plan. (d) Screening for behavioral health conditions and behavioral health services provided as described in subsection (a) of this section may be provided via telemedicine and reimbursed as required under § 23-79-1601 et seq. (e) Any prior authorization required for screening for behavioral health conditions and behavioral health services provided in another setting shall apply to screening for behavioral health conditions and behavioral health services provided as described in subsection (a) of this section. Added by Act 2023, No. 494,§ 2, eff. 8/1/2023.

(a) A healthcare insurer that offers, issues, or renews a health benefit plan in this state shall provide coverage for screening for behavioral health conditions and coverage for behavioral health services provided in a: (1) Hospital outpatient clinic; or (2) Physician clinic.

(1) Hospital outpatient clinic; or

(2) Physician clinic.

(b) The coverage for screening for behavioral health conditions or for behavioral health services as described in this section: (1) Is not subject to policy deductibles or copayment requirements; and (2) Does not diminish or limit benefits otherwise allowable under a health benefit plan.

(1) Is not subject to policy deductibles or copayment requirements; and

(2) Does not diminish or limit benefits otherwise allowable under a health benefit plan.

(c) The coverage for screening for behavioral health and coverage for behavioral health services by a government self-insured plan is subject to any health benefit plan provisions that apply to other services covered by the health benefit plan.

(d) Screening for behavioral health conditions and behavioral health services provided as described in subsection (a) of this section may be provided via telemedicine and reimbursed as required under § 23-79-1601 et seq.

(e) Any prior authorization required for screening for behavioral health conditions and behavioral health services provided in another setting shall apply to screening for behavioral health conditions and behavioral health services provided as described in subsection (a) of this section.

Added by Act 2023, No. 494,§ 2, eff. 8/1/2023.
Ark. Code Ann. § 23-86-404 — AR Code / Title 23 / Chapter 86 / Subchapter 4 / Section 23-86-404
Optional health benefit plans
Status: in_force

(a) A health maintenance organization may offer and issue health benefit plans that reimburse or arrange for covered healthcare services to covered persons through a limited network plan if: (1) The health maintenance organization provides itself, or arranges through an insurance company, for an annual option for covered persons to choose a health benefit plan or a point-of-service plan that reimburses or arranges for the covered healthcare services from any healthcare provider qualified to render the covered healthcare services; (2) The difference in the benefit level of the optional health benefit plan or point-of-service plan shall not exceed twenty-five percent (25%) of the benefit level under the limited benefit plan; (3) The employer or other group contract holder contracting with the health maintenance organization for a health benefit plan shall provide an equal contribution per covered person regardless of which option the covered person chooses pursuant to the provisions of this subchapter; and (4) Under the optional health benefit plan or point-of-service plan, the rate of reimbursement for healthcare providers out of the network shall be no higher than the normal and usual and customary rate charged by those out-of-network providers on a regular basis, provided that copayment, coinsurance, and other cost-sharing features may be different for out-of-network providers and in-network providers. (b) (1) The pricing of the optional health benefit plan or point-of-service plan must provide an expected incurred loss ratio of not less than eighty percent (80%). (2) The Insurance Commissioner shall promulgate rules as may be necessary to implement the provisions of this subchapter and to ensure that the price of the option provided in this section bears a reasonable relationship to the costs and benefits of the limited network plan. (c) This subchapter shall apply to any health benefit plan issued or renewed on or after January 1, 2000. Amended by Act 2019, No. 315,§ 2750, eff. 7/24/2019. Acts 1999, No. 1469, § 4.

(a) A health maintenance organization may offer and issue health benefit plans that reimburse or arrange for covered healthcare services to covered persons through a limited network plan if: (1) The health maintenance organization provides itself, or arranges through an insurance company, for an annual option for covered persons to choose a health benefit plan or a point-of-service plan that reimburses or arranges for the covered healthcare services from any healthcare provider qualified to render the covered healthcare services; (2) The difference in the benefit level of the optional health benefit plan or point-of-service plan shall not exceed twenty-five percent (25%) of the benefit level under the limited benefit plan; (3) The employer or other group contract holder contracting with the health maintenance organization for a health benefit plan shall provide an equal contribution per covered person regardless of which option the covered person chooses pursuant to the provisions of this subchapter; and (4) Under the optional health benefit plan or point-of-service plan, the rate of reimbursement for healthcare providers out of the network shall be no higher than the normal and usual and customary rate charged by those out-of-network providers on a regular basis, provided that copayment, coinsurance, and other cost-sharing features may be different for out-of-network providers and in-network providers.

(1) The health maintenance organization provides itself, or arranges through an insurance company, for an annual option for covered persons to choose a health benefit plan or a point-of-service plan that reimburses or arranges for the covered healthcare services from any healthcare provider qualified to render the covered healthcare services;

(2) The difference in the benefit level of the optional health benefit plan or point-of-service plan shall not exceed twenty-five percent (25%) of the benefit level under the limited benefit plan;

(3) The employer or other group contract holder contracting with the health maintenance organization for a health benefit plan shall provide an equal contribution per covered person regardless of which option the covered person chooses pursuant to the provisions of this subchapter; and

(4) Under the optional health benefit plan or point-of-service plan, the rate of reimbursement for healthcare providers out of the network shall be no higher than the normal and usual and customary rate charged by those out-of-network providers on a regular basis, provided that copayment, coinsurance, and other cost-sharing features may be different for out-of-network providers and in-network providers.

(b) (1) The pricing of the optional health benefit plan or point-of-service plan must provide an expected incurred loss ratio of not less than eighty percent (80%). (2) The Insurance Commissioner shall promulgate rules as may be necessary to implement the provisions of this subchapter and to ensure that the price of the option provided in this section bears a reasonable relationship to the costs and benefits of the limited network plan.

(1) The pricing of the optional health benefit plan or point-of-service plan must provide an expected incurred loss ratio of not less than eighty percent (80%).

(2) The Insurance Commissioner shall promulgate rules as may be necessary to implement the provisions of this subchapter and to ensure that the price of the option provided in this section bears a reasonable relationship to the costs and benefits of the limited network plan.

(c) This subchapter shall apply to any health benefit plan issued or renewed on or after January 1, 2000.

Amended by Act 2019, No. 315,§ 2750, eff. 7/24/2019.

Acts 1999, No. 1469, § 4.
Ark. Code Ann. § 23-79-132 — AR Code / Title 23 / Chapter 79 / Subchapter 1 / Section 23-79-132
Exemption of proceeds - Group life
Status: in_force

(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 individual, or his or her beneficiary, or of any other person having a right under the policy. (2) The proceeds of the policy, when not made payable to a named beneficiary or to a third person pursuant to a facility-of-payment clause, shall not constitute a part of the estate of the individual insured for the payment of his or her debts. (b) This section shall not apply to group life insurance issued pursuant to § 23-83-106 to a creditor covering his or her debtors to the extent that the proceeds are applied to payment of the obligation for the purpose of which the insurance was so issued. Acts 1959, No. 148, § 296; A.S.A. 1947, § 66-3229.

(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 individual, or his or her beneficiary, or of any other person having a right under the policy. (2) The proceeds of the policy, when not made payable to a named beneficiary or to a third person pursuant to a facility-of-payment clause, shall not constitute a part of the estate of the individual insured for the payment of his or her debts.

(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 individual, or his or her beneficiary, or of any other person having a right under the policy.

(2) The proceeds of the policy, when not made payable to a named beneficiary or to a third person pursuant to a facility-of-payment clause, shall not constitute a part of the estate of the individual insured for the payment of his or her debts.

(b) This section shall not apply to group life insurance issued pursuant to § 23-83-106 to a creditor covering his or her debtors to the extent that the proceeds are applied to payment of the obligation for the purpose of which the insurance was so issued.

Acts 1959, No. 148, § 296; A.S.A. 1947, § 66-3229.