Ark. Code Ann. § 23-64-209 — AR Code / Title 23 / Chapter 64 / Subchapter 2 / Section 23-64-209
Qualifications for adjuster's license
Status: in_force

(a) No person shall, in this state, act as or hold himself or herself out to be an adjuster unless then licensed therefor under this chapter. Application for license shall be made to the Insurance Commissioner according to forms as prescribed and furnished by him or her. The commissioner shall issue the adjuster's license for property insurance, or for casualty insurance, or for workers' compensation insurance, or for any combination thereof as to individuals qualified therefor upon payment of the nonrefundable license fee stated in § 23-61-401 . (b) To be licensed as an adjuster, the applicant must be qualified as follows: (1) Must be of the legal age of majority, or have had the disabilities of minority removed for all general purposes and provide evidence of same; (2) (A) Must be a resident of this state or licensed by another state that permits residents of this state to act as adjusters in the other state. (B) A resident of another state or foreign country shall not be licensed as a nonresident independent adjuster in this state unless the person is licensed as an adjuster in another state; (3) Must be deemed by the commissioner to be competent, trustworthy, financially responsible, and of good personal and business reputation; (4) Must have and maintain in this state an office accessible to the public and keep therein the usual and customary records pertaining to transactions under the license. This provision shall not be deemed to prohibit maintenance of an office in the home of the licensee. A licensed, nonresident adjuster shall not be required to maintain an office in this state; (5) (A) (i) Must pass a written examination as to his or her competence to act as a property, casualty, or workers' compensation insurance adjuster as shall be required by the commissioner. (ii) The commissioner may give, conduct, and grade all examinations or he or she may arrange to have examinations administered and graded by an independent testing service as specified by contract, in a fair and impartial manner, and without unfair discrimination as between individuals examined. (iii) The commissioner may require a waiting period of four (4) weeks before reexamination of an applicant who thrice failed to pass previous similar examinations. This waiting period applies after every third unsuccessful attempt. (iv) The nonrefundable application fee shall be the same as that charged an applicant for license as an agent or broker under § 23-61-401 . (B) (i) If the application is approved and if the nonrefundable application fee is paid, an examination permit will be issued to the applicant. (ii) The permit will be valid for a period of ninety (90) days from the date of issuance. (iii) If the applicant does not schedule and appear for examination within that ninety-day period, the permit shall expire and the applicant may be required to file a new application and shall pay another nonrefundable application fee before issuance of another examination permit to the applicant. (iv) If the applicant appears for examination but fails to pass such an examination, the applicant shall be required to pay a nonrefundable reexamination fee before reexamination. (C) By reciprocal arrangements with the insurance supervisory official in the other state, the commissioner may waive written examination of a nonresident applicant for license as an adjuster, if the official certifies that the applicant is licensed as a resident adjuster of that state and has complied with its qualification standards therefor. (c) A firm, limited liability company, or corporation, whether or not organized under the laws of this state, may be licensed as an adjuster if each individual who is to exercise the license powers is named in the license and is qualified as for an individual licensed as adjuster. An additional full license fee shall be paid as to each individual in excess of one (1), so named in the license to exercise its powers. (d) (1) (A) An adjuster who is sent into this state on behalf of an insurer for the purpose of investigating or making adjustment of a loss resulting from a catastrophe under an insurance policy is not required to be qualified or licensed under this section if within ten (10) business days of entering the state the adjuster notifies the commissioner in writing of the adjuster's activities on behalf of the insurer. (B) An adjuster shall cease and desist adjusting activity in this state within ninety (90) days of the notification described in subdivision (d)(1)(A) of this section or obtain an adjuster's license under this subchapter if otherwise required by the insurance laws of this state. (2) (A) An adjuster operating in this state under subdivision (d)(1)(A) of this section may request an additional ninety (90) days to obtain an adjuster's license in this state upon application for an extension to the commissioner. (B) The commissioner has the discretion to approve a request for an extension described in subdivision (d)(2)(A) of this section. (e) (1) (A) Unless exempt under subdivision (e)(2) of this section, a licensed adjuster shall successfully complete and report a minimum of twenty-four (24) hours of continuing education courses approved by the commissioner within the time established by rule of the commissioner. (B) At least three (3) hours of continuing education required by this subsection shall be in an ethics course approved by the commissioner. (2) This subsection does not apply to an adjuster licensed in: (A) This state for less than one (1) year; or (B) Another state if the adjuster has satisfied the continuing education requirements of the licensing state. Amended by Act 2017, No. 283,§ 10, eff. 8/1/2017. Amended by Act 2015, No. 231,§ 4, eff. 7/22/2015. Amended by Act 2013, No. 754,§ 2, eff. 8/16/2013. Acts 1959, No. 148, § 176; 1983, No. 522, § 21; 1985, No. 804, § 20; A.S.A. 1947, § 66-2833; Acts 1987, No. 622, §§ 15-17; 1997, No. 1004, § 1; 1999, No. 657, §§ 4, 5; 2009, No. 726, §§ 25-27.

(a) No person shall, in this state, act as or hold himself or herself out to be an adjuster unless then licensed therefor under this chapter. Application for license shall be made to the Insurance Commissioner according to forms as prescribed and furnished by him or her. The commissioner shall issue the adjuster's license for property insurance, or for casualty insurance, or for workers' compensation insurance, or for any combination thereof as to individuals qualified therefor upon payment of the nonrefundable license fee stated in § 23-61-401 .

(b) To be licensed as an adjuster, the applicant must be qualified as follows: (1) Must be of the legal age of majority, or have had the disabilities of minority removed for all general purposes and provide evidence of same; (2) (A) Must be a resident of this state or licensed by another state that permits residents of this state to act as adjusters in the other state. (B) A resident of another state or foreign country shall not be licensed as a nonresident independent adjuster in this state unless the person is licensed as an adjuster in another state; (3) Must be deemed by the commissioner to be competent, trustworthy, financially responsible, and of good personal and business reputation; (4) Must have and maintain in this state an office accessible to the public and keep therein the usual and customary records pertaining to transactions under the license. This provision shall not be deemed to prohibit maintenance of an office in the home of the licensee. A licensed, nonresident adjuster shall not be required to maintain an office in this state; (5) (A) (i) Must pass a written examination as to his or her competence to act as a property, casualty, or workers' compensation insurance adjuster as shall be required by the commissioner. (ii) The commissioner may give, conduct, and grade all examinations or he or she may arrange to have examinations administered and graded by an independent testing service as specified by contract, in a fair and impartial manner, and without unfair discrimination as between individuals examined. (iii) The commissioner may require a waiting period of four (4) weeks before reexamination of an applicant who thrice failed to pass previous similar examinations. This waiting period applies after every third unsuccessful attempt. (iv) The nonrefundable application fee shall be the same as that charged an applicant for license as an agent or broker under § 23-61-401 . (B) (i) If the application is approved and if the nonrefundable application fee is paid, an examination permit will be issued to the applicant. (ii) The permit will be valid for a period of ninety (90) days from the date of issuance. (iii) If the applicant does not schedule and appear for examination within that ninety-day period, the permit shall expire and the applicant may be required to file a new application and shall pay another nonrefundable application fee before issuance of another examination permit to the applicant. (iv) If the applicant appears for examination but fails to pass such an examination, the applicant shall be required to pay a nonrefundable reexamination fee before reexamination. (C) By reciprocal arrangements with the insurance supervisory official in the other state, the commissioner may waive written examination of a nonresident applicant for license as an adjuster, if the official certifies that the applicant is licensed as a resident adjuster of that state and has complied with its qualification standards therefor.

(1) Must be of the legal age of majority, or have had the disabilities of minority removed for all general purposes and provide evidence of same;

(2) (A) Must be a resident of this state or licensed by another state that permits residents of this state to act as adjusters in the other state. (B) A resident of another state or foreign country shall not be licensed as a nonresident independent adjuster in this state unless the person is licensed as an adjuster in another state;

(A) Must be a resident of this state or licensed by another state that permits residents of this state to act as adjusters in the other state.

(B) A resident of another state or foreign country shall not be licensed as a nonresident independent adjuster in this state unless the person is licensed as an adjuster in another state;

(3) Must be deemed by the commissioner to be competent, trustworthy, financially responsible, and of good personal and business reputation;

(4) Must have and maintain in this state an office accessible to the public and keep therein the usual and customary records pertaining to transactions under the license. This provision shall not be deemed to prohibit maintenance of an office in the home of the licensee. A licensed, nonresident adjuster shall not be required to maintain an office in this state;

(5) (A) (i) Must pass a written examination as to his or her competence to act as a property, casualty, or workers' compensation insurance adjuster as shall be required by the commissioner. (ii) The commissioner may give, conduct, and grade all examinations or he or she may arrange to have examinations administered and graded by an independent testing service as specified by contract, in a fair and impartial manner, and without unfair discrimination as between individuals examined. (iii) The commissioner may require a waiting period of four (4) weeks before reexamination of an applicant who thrice failed to pass previous similar examinations. This waiting period applies after every third unsuccessful attempt. (iv) The nonrefundable application fee shall be the same as that charged an applicant for license as an agent or broker under § 23-61-401 . (B) (i) If the application is approved and if the nonrefundable application fee is paid, an examination permit will be issued to the applicant. (ii) The permit will be valid for a period of ninety (90) days from the date of issuance. (iii) If the applicant does not schedule and appear for examination within that ninety-day period, the permit shall expire and the applicant may be required to file a new application and shall pay another nonrefundable application fee before issuance of another examination permit to the applicant. (iv) If the applicant appears for examination but fails to pass such an examination, the applicant shall be required to pay a nonrefundable reexamination fee before reexamination. (C) By reciprocal arrangements with the insurance supervisory official in the other state, the commissioner may waive written examination of a nonresident applicant for license as an adjuster, if the official certifies that the applicant is licensed as a resident adjuster of that state and has complied with its qualification standards therefor.

(A) (i) Must pass a written examination as to his or her competence to act as a property, casualty, or workers' compensation insurance adjuster as shall be required by the commissioner. (ii) The commissioner may give, conduct, and grade all examinations or he or she may arrange to have examinations administered and graded by an independent testing service as specified by contract, in a fair and impartial manner, and without unfair discrimination as between individuals examined. (iii) The commissioner may require a waiting period of four (4) weeks before reexamination of an applicant who thrice failed to pass previous similar examinations. This waiting period applies after every third unsuccessful attempt. (iv) The nonrefundable application fee shall be the same as that charged an applicant for license as an agent or broker under § 23-61-401 .

(i) Must pass a written examination as to his or her competence to act as a property, casualty, or workers' compensation insurance adjuster as shall be required by the commissioner.

(ii) The commissioner may give, conduct, and grade all examinations or he or she may arrange to have examinations administered and graded by an independent testing service as specified by contract, in a fair and impartial manner, and without unfair discrimination as between individuals examined.

(iii) The commissioner may require a waiting period of four (4) weeks before reexamination of an applicant who thrice failed to pass previous similar examinations. This waiting period applies after every third unsuccessful attempt.

(iv) The nonrefundable application fee shall be the same as that charged an applicant for license as an agent or broker under § 23-61-401 .

(B) (i) If the application is approved and if the nonrefundable application fee is paid, an examination permit will be issued to the applicant. (ii) The permit will be valid for a period of ninety (90) days from the date of issuance. (iii) If the applicant does not schedule and appear for examination within that ninety-day period, the permit shall expire and the applicant may be required to file a new application and shall pay another nonrefundable application fee before issuance of another examination permit to the applicant. (iv) If the applicant appears for examination but fails to pass such an examination, the applicant shall be required to pay a nonrefundable reexamination fee before reexamination.

(i) If the application is approved and if the nonrefundable application fee is paid, an examination permit will be issued to the applicant.

(ii) The permit will be valid for a period of ninety (90) days from the date of issuance.

(iii) If the applicant does not schedule and appear for examination within that ninety-day period, the permit shall expire and the applicant may be required to file a new application and shall pay another nonrefundable application fee before issuance of another examination permit to the applicant.

(iv) If the applicant appears for examination but fails to pass such an examination, the applicant shall be required to pay a nonrefundable reexamination fee before reexamination.

(C) By reciprocal arrangements with the insurance supervisory official in the other state, the commissioner may waive written examination of a nonresident applicant for license as an adjuster, if the official certifies that the applicant is licensed as a resident adjuster of that state and has complied with its qualification standards therefor.

(c) A firm, limited liability company, or corporation, whether or not organized under the laws of this state, may be licensed as an adjuster if each individual who is to exercise the license powers is named in the license and is qualified as for an individual licensed as adjuster. An additional full license fee shall be paid as to each individual in excess of one (1), so named in the license to exercise its powers.

(d) (1) (A) An adjuster who is sent into this state on behalf of an insurer for the purpose of investigating or making adjustment of a loss resulting from a catastrophe under an insurance policy is not required to be qualified or licensed under this section if within ten (10) business days of entering the state the adjuster notifies the commissioner in writing of the adjuster's activities on behalf of the insurer. (B) An adjuster shall cease and desist adjusting activity in this state within ninety (90) days of the notification described in subdivision (d)(1)(A) of this section or obtain an adjuster's license under this subchapter if otherwise required by the insurance laws of this state. (2) (A) An adjuster operating in this state under subdivision (d)(1)(A) of this section may request an additional ninety (90) days to obtain an adjuster's license in this state upon application for an extension to the commissioner. (B) The commissioner has the discretion to approve a request for an extension described in subdivision (d)(2)(A) of this section.

(1) (A) An adjuster who is sent into this state on behalf of an insurer for the purpose of investigating or making adjustment of a loss resulting from a catastrophe under an insurance policy is not required to be qualified or licensed under this section if within ten (10) business days of entering the state the adjuster notifies the commissioner in writing of the adjuster's activities on behalf of the insurer. (B) An adjuster shall cease and desist adjusting activity in this state within ninety (90) days of the notification described in subdivision (d)(1)(A) of this section or obtain an adjuster's license under this subchapter if otherwise required by the insurance laws of this state.

(A) An adjuster who is sent into this state on behalf of an insurer for the purpose of investigating or making adjustment of a loss resulting from a catastrophe under an insurance policy is not required to be qualified or licensed under this section if within ten (10) business days of entering the state the adjuster notifies the commissioner in writing of the adjuster's activities on behalf of the insurer.

(B) An adjuster shall cease and desist adjusting activity in this state within ninety (90) days of the notification described in subdivision (d)(1)(A) of this section or obtain an adjuster's license under this subchapter if otherwise required by the insurance laws of this state.

(2) (A) An adjuster operating in this state under subdivision (d)(1)(A) of this section may request an additional ninety (90) days to obtain an adjuster's license in this state upon application for an extension to the commissioner. (B) The commissioner has the discretion to approve a request for an extension described in subdivision (d)(2)(A) of this section.

(A) An adjuster operating in this state under subdivision (d)(1)(A) of this section may request an additional ninety (90) days to obtain an adjuster's license in this state upon application for an extension to the commissioner.

(B) The commissioner has the discretion to approve a request for an extension described in subdivision (d)(2)(A) of this section.

(e) (1) (A) Unless exempt under subdivision (e)(2) of this section, a licensed adjuster shall successfully complete and report a minimum of twenty-four (24) hours of continuing education courses approved by the commissioner within the time established by rule of the commissioner. (B) At least three (3) hours of continuing education required by this subsection shall be in an ethics course approved by the commissioner. (2) This subsection does not apply to an adjuster licensed in: (A) This state for less than one (1) year; or (B) Another state if the adjuster has satisfied the continuing education requirements of the licensing state.

(1) (A) Unless exempt under subdivision (e)(2) of this section, a licensed adjuster shall successfully complete and report a minimum of twenty-four (24) hours of continuing education courses approved by the commissioner within the time established by rule of the commissioner. (B) At least three (3) hours of continuing education required by this subsection shall be in an ethics course approved by the commissioner.

(A) Unless exempt under subdivision (e)(2) of this section, a licensed adjuster shall successfully complete and report a minimum of twenty-four (24) hours of continuing education courses approved by the commissioner within the time established by rule of the commissioner.

(B) At least three (3) hours of continuing education required by this subsection shall be in an ethics course approved by the commissioner.

(2) This subsection does not apply to an adjuster licensed in: (A) This state for less than one (1) year; or (B) Another state if the adjuster has satisfied the continuing education requirements of the licensing state.

(A) This state for less than one (1) year; or

(B) Another state if the adjuster has satisfied the continuing education requirements of the licensing state.

Amended by Act 2017, No. 283,§ 10, eff. 8/1/2017.

Amended by Act 2015, No. 231,§ 4, eff. 7/22/2015.

Amended by Act 2013, No. 754,§ 2, eff. 8/16/2013.

Acts 1959, No. 148, § 176; 1983, No. 522, § 21; 1985, No. 804, § 20; A.S.A. 1947, § 66-2833; Acts 1987, No. 622, §§ 15-17; 1997, No. 1004, § 1; 1999, No. 657, §§ 4, 5; 2009, No. 726, §§ 25-27.
Ark. Code Ann. § 23-13-248 — AR Code / Title 23 / Chapter 13 / Subchapter 2 / Section 23-13-248
Contract carriers - Complaints
Status: in_force

All complaints shall state fully the facts complained of, and the reason for the complaints, and shall be made under oath. Acts 1955, No. 397, § 17[18]; A.S.A. 1947, § 73-1771.

All complaints shall state fully the facts complained of, and the reason for the complaints, and shall be made under oath.

Acts 1955, No. 397, § 17[18]; A.S.A. 1947, § 73-1771.
Ark. Code Ann. § 23-12-606 — AR Code / Title 23 / Chapter 12 / Subchapter 6 / Section 23-12-606
Stopping train within town limits upon petition - Facilities to be maintained - Enforcement - Damages - Penalty
Status: in_force

(a) (1) When not fewer than fifty (50) citizens of any incorporated town in this state, situated on the line of any railroad run or operated within this state, shall make application in writing to the president of the railroad company, to the board of directors thereof, through its secretary, or to any receiver, mortgagee, trustee, contractor, or other officer running and operating the railroad company and having control thereof, it shall be the duty of the railroad company to stop all freight or passenger trains, at some point within the corporate limits of the town most convenient for the reception and handling and discharge of freight, the reception and discharge of passengers, and the reception and delivery of the mails and most convenient to accommodate the business of the town. The railroad company shall furnish, provide, and maintain for the town, and the business thereof, every facility and convenience furnished or provided for other towns of the same, or approximating the same, population situated on the line of the railroad. (2) There shall be no unjust discrimination on the part of such companies, either in respect to the facilities and conveniences, or in respect to the freight and passenger charges of tariff upon the railroads, but the charges shall be equal and uniform, and as to such towns the same or any description of way passengers and freight shall not be subject to higher rates of charges than the lowest rates charged by the same line, at the same time, for the same service over any part of that line. (b) Before any town may or can insist upon and compel the stoppage of trains, as provided in this section, the corporate authorities of the town shall provide and make tender to the railroad companies sufficient means to defray the reasonable expenses of grading a switch or sidetrack at the place of stopping for the use of the railroad company. (c) The writ of mandamus may issue at the suit of any citizen of the town upon the failure of any such railroad company to stop its trains as provided in this section, and it may compel the company to comply with the requirements of this section. (d) If any railroad company within this state violates any of the provisions of this section, the corporate authorities of any corporate town aggrieved, or any citizen thereof, may bring suit against the company for the reasonable damages sustained through the violations. (e) Any railroad company violating, or failing or refusing to obey, the requirements of this section shall be liable to a fine of one hundred dollars ($100) for each day of failure or refusal to carry out the provisions of this section. The fine shall be recoverable before any court of competent jurisdiction. This fine shall be paid into the State Treasury for the benefit of the Public School Fund. Acts 1873, No. 71, §§ 1-4, p. 169; C. & M. Dig., §§ 981-985; Pope's Dig., §§ 1185-1189; A.S.A. 1947, §§ 73-815 -- 73-818.

(a) (1) When not fewer than fifty (50) citizens of any incorporated town in this state, situated on the line of any railroad run or operated within this state, shall make application in writing to the president of the railroad company, to the board of directors thereof, through its secretary, or to any receiver, mortgagee, trustee, contractor, or other officer running and operating the railroad company and having control thereof, it shall be the duty of the railroad company to stop all freight or passenger trains, at some point within the corporate limits of the town most convenient for the reception and handling and discharge of freight, the reception and discharge of passengers, and the reception and delivery of the mails and most convenient to accommodate the business of the town. The railroad company shall furnish, provide, and maintain for the town, and the business thereof, every facility and convenience furnished or provided for other towns of the same, or approximating the same, population situated on the line of the railroad. (2) There shall be no unjust discrimination on the part of such companies, either in respect to the facilities and conveniences, or in respect to the freight and passenger charges of tariff upon the railroads, but the charges shall be equal and uniform, and as to such towns the same or any description of way passengers and freight shall not be subject to higher rates of charges than the lowest rates charged by the same line, at the same time, for the same service over any part of that line.

(1) When not fewer than fifty (50) citizens of any incorporated town in this state, situated on the line of any railroad run or operated within this state, shall make application in writing to the president of the railroad company, to the board of directors thereof, through its secretary, or to any receiver, mortgagee, trustee, contractor, or other officer running and operating the railroad company and having control thereof, it shall be the duty of the railroad company to stop all freight or passenger trains, at some point within the corporate limits of the town most convenient for the reception and handling and discharge of freight, the reception and discharge of passengers, and the reception and delivery of the mails and most convenient to accommodate the business of the town. The railroad company shall furnish, provide, and maintain for the town, and the business thereof, every facility and convenience furnished or provided for other towns of the same, or approximating the same, population situated on the line of the railroad.

(2) There shall be no unjust discrimination on the part of such companies, either in respect to the facilities and conveniences, or in respect to the freight and passenger charges of tariff upon the railroads, but the charges shall be equal and uniform, and as to such towns the same or any description of way passengers and freight shall not be subject to higher rates of charges than the lowest rates charged by the same line, at the same time, for the same service over any part of that line.

(b) Before any town may or can insist upon and compel the stoppage of trains, as provided in this section, the corporate authorities of the town shall provide and make tender to the railroad companies sufficient means to defray the reasonable expenses of grading a switch or sidetrack at the place of stopping for the use of the railroad company.

(c) The writ of mandamus may issue at the suit of any citizen of the town upon the failure of any such railroad company to stop its trains as provided in this section, and it may compel the company to comply with the requirements of this section.

(d) If any railroad company within this state violates any of the provisions of this section, the corporate authorities of any corporate town aggrieved, or any citizen thereof, may bring suit against the company for the reasonable damages sustained through the violations.

(e) Any railroad company violating, or failing or refusing to obey, the requirements of this section shall be liable to a fine of one hundred dollars ($100) for each day of failure or refusal to carry out the provisions of this section. The fine shall be recoverable before any court of competent jurisdiction. This fine shall be paid into the State Treasury for the benefit of the Public School Fund.

Acts 1873, No. 71, §§ 1-4, p. 169; C. & M. Dig., §§ 981-985; Pope's Dig., §§ 1185-1189; A.S.A. 1947, §§ 73-815 -- 73-818.
Ark. Code Ann. § 23-12-410 — AR Code / Title 23 / Chapter 12 / Subchapter 4 / Section 23-12-410
Audible warning device to be sounded at crossing - Penalty and damages
Status: in_force

(a) To give warning of a train's approach, an audible warning device meeting standards prescribed by the Federal Railroad Administration shall be sounded at least one-quarter (1/4) mile in advance of each location in Arkansas where a railroad crosses any public road, highway, or street or where any public road, highway, or street crosses any railroad and shall be sounded until the lead locomotive clears the crossing. (b) Any railroad company failing to warn of the train's approach as required in this section shall be liable upon a finding of a violation for a fine of two hundred dollars ($200) for each occurrence. The penalty shall be recovered in a civil action in the name of the state. Acts 1868, No. 71, § 34, p. 290; C. & M. Dig., §§ 8559, 8568a; Pope's Dig., § 11135; A.S.A. 1947, § 73-716; Acts 2001, No. 1804, § 1.

(a) To give warning of a train's approach, an audible warning device meeting standards prescribed by the Federal Railroad Administration shall be sounded at least one-quarter (1/4) mile in advance of each location in Arkansas where a railroad crosses any public road, highway, or street or where any public road, highway, or street crosses any railroad and shall be sounded until the lead locomotive clears the crossing.

(b) Any railroad company failing to warn of the train's approach as required in this section shall be liable upon a finding of a violation for a fine of two hundred dollars ($200) for each occurrence. The penalty shall be recovered in a civil action in the name of the state.

Acts 1868, No. 71, § 34, p. 290; C. & M. Dig., §§ 8559, 8568a; Pope's Dig., § 11135; A.S.A. 1947, § 73-716; Acts 2001, No. 1804, § 1.
Ark. Code Ann. § 23-66-501 — AR Code / Title 23 / Chapter 66 / Subchapter 5 / Section 23-66-501
Definitions
Status: in_force

As used in this subchapter: (1) "Actual malice" means knowledge that information is false, or reckless disregard of whether it is false; (2) "Business of insurance" means the writing of insurance or the reinsuring of risks by an insurer, including acts necessary or incidental to writing insurance or reinsuring risks and the activities of persons who act as or are officers, directors, agents, or employees of insurers or who are other persons authorized to act on their behalf; (3) "Commissioner" means the Insurance Commissioner of this state; (4) "Fraudulent insurance act" means an act or omission committed by a person who, knowingly and with intent to defraud, deceive, conceal, or misrepresent: (A) Presents, causes to be presented, or prepares with knowledge or belief that it will be presented to an insurer, a reinsurer, broker or its agent, or by a broker or agent, false information as part of, in support of, or concerning a fact material to one (1) or more of the following: (i) An application for the issuance or renewal of an insurance policy or reinsurance contract; (ii) The rating of an insurance policy or reinsurance contract; (iii) A claim for payment or benefit pursuant to an insurance policy or reinsurance contract; (iv) Premiums paid on an insurance policy or reinsurance contract; (v) Payments made in accordance with the terms of an insurance policy or reinsurance contract; (vi) A document filed with the commissioner or the chief insurance regulatory official of another jurisdiction; (vii) The financial condition of an insurer or reinsurer; (viii) The formation, acquisition, merger, reconsolidation, dissolution, or withdrawal from one (1) or more lines of insurance or reinsurance in all or part of this state by an insurer or reinsurer; (ix) The issuance of written evidence of insurance; or (x) The reinstatement of an insurance policy; (B) Solicits or accepts new or renewal insurance risks on behalf of an insurer, reinsurer, or other person engaged in the business of insurance by a person who knows or should know that the insurer or other person responsible for the risk is insolvent at the time of the transaction; (C) Removes, conceals, alters, or destroys the assets or records of an insurer, reinsurer, or other person engaged in the business of insurance; (D) Embezzles, abstracts, purloins, or converts moneys, funds, premiums, credits, or other property of an insurer, reinsurer, or person engaged in the business of insurance; (E) Transacts the business of insurance in violation of laws requiring a license, certificate of authority, or other legal authority for the transaction of the business of insurance; (F) Attempts to commit, aids or abets the commission of, or conspires to commit the acts or omissions specified in this subsection; (G) Issues false, fake, or counterfeit insurance policies, certificates of insurance, insurance identification cards, policy declaration pages or policy covers, or insurance binders or other temporary contracts of insurance; (H) Possesses or possesses in order to distribute, solicit, sell, negotiate or effectuate false, fake, or counterfeit insurance policies, certificates of insurance, insurance identification cards, policy declaration pages or policy covers, or insurance binders or other temporary contracts of insurance to consumers, lienholders or loss payees, insurance agents or producers, or other persons or entities; (I) Possesses any device, software, or printing supplies utilized to manufacture false, fake, or counterfeit insurance policies, certificates of insurance, insurance identification cards, policy declaration pages or policy covers, or insurance binders or other temporary contracts of insurance; or (J) Falsely holds himself, herself, or itself out as a representative of an insurance company or assists another in furtherance of that misrepresentation to receive a benefit under an insurance claim, contract, or policy; (5) (A) "Insurance" means a contract or arrangement in which one undertakes to: (i) Pay or indemnify another as to loss from certain contingencies called "risks", including through reinsurance; (ii) Pay or grant a specified amount or determinable benefit to another in connection with ascertainable risk contingencies; (iii) Pay an annuity to another; or (iv) Act as surety. (B) "Insurance" shall, for the purposes of this subchapter, be deemed to include any definition used in the Arkansas Insurance Code; (6) "Insurer" means a person entering into arrangements or contracts of insurance or reinsurance and who agrees to perform any of the acts set forth in subdivision (5)(A) of this section. A person is an insurer regardless of whether the person is acting in violation of laws requiring a certificate of authority or regardless of whether the person denies being an insurer; (7) "NAIC" means the National Association of Insurance Commissioners; (8) (A) "Person" means an individual, corporation, partnership, association, joint stock company, trust, unincorporated organization, or any similar entity or any combination of the foregoing. (B) "Person" shall, for the purposes of this subchapter, be deemed to include any definition used in the Arkansas Insurance Code; (9) "Policy" means an individual or group policy, group certificate, contract, or arrangement of insurance or reinsurance affecting the rights of a resident of this state or bearing a reasonable relation to this state, regardless of whether delivered or issued for delivery in this state; and (10) "Reinsurance" means a contract, binder of coverage, including placement slip, or arrangement under which an insurer procures insurance for itself in another insurer as to all or part of an insurance risk of the originating insurer. Amended by Act 2013, No. 355,§ 10, eff. 8/16/2013. Acts 1997, No. 217, § 1; 2001, No. 1604, § 45; 2005, No. 1697, § 13.

As used in this subchapter:

(1) "Actual malice" means knowledge that information is false, or reckless disregard of whether it is false;

(2) "Business of insurance" means the writing of insurance or the reinsuring of risks by an insurer, including acts necessary or incidental to writing insurance or reinsuring risks and the activities of persons who act as or are officers, directors, agents, or employees of insurers or who are other persons authorized to act on their behalf;

(3) "Commissioner" means the Insurance Commissioner of this state;

(4) "Fraudulent insurance act" means an act or omission committed by a person who, knowingly and with intent to defraud, deceive, conceal, or misrepresent: (A) Presents, causes to be presented, or prepares with knowledge or belief that it will be presented to an insurer, a reinsurer, broker or its agent, or by a broker or agent, false information as part of, in support of, or concerning a fact material to one (1) or more of the following: (i) An application for the issuance or renewal of an insurance policy or reinsurance contract; (ii) The rating of an insurance policy or reinsurance contract; (iii) A claim for payment or benefit pursuant to an insurance policy or reinsurance contract; (iv) Premiums paid on an insurance policy or reinsurance contract; (v) Payments made in accordance with the terms of an insurance policy or reinsurance contract; (vi) A document filed with the commissioner or the chief insurance regulatory official of another jurisdiction; (vii) The financial condition of an insurer or reinsurer; (viii) The formation, acquisition, merger, reconsolidation, dissolution, or withdrawal from one (1) or more lines of insurance or reinsurance in all or part of this state by an insurer or reinsurer; (ix) The issuance of written evidence of insurance; or (x) The reinstatement of an insurance policy; (B) Solicits or accepts new or renewal insurance risks on behalf of an insurer, reinsurer, or other person engaged in the business of insurance by a person who knows or should know that the insurer or other person responsible for the risk is insolvent at the time of the transaction; (C) Removes, conceals, alters, or destroys the assets or records of an insurer, reinsurer, or other person engaged in the business of insurance; (D) Embezzles, abstracts, purloins, or converts moneys, funds, premiums, credits, or other property of an insurer, reinsurer, or person engaged in the business of insurance; (E) Transacts the business of insurance in violation of laws requiring a license, certificate of authority, or other legal authority for the transaction of the business of insurance; (F) Attempts to commit, aids or abets the commission of, or conspires to commit the acts or omissions specified in this subsection; (G) Issues false, fake, or counterfeit insurance policies, certificates of insurance, insurance identification cards, policy declaration pages or policy covers, or insurance binders or other temporary contracts of insurance; (H) Possesses or possesses in order to distribute, solicit, sell, negotiate or effectuate false, fake, or counterfeit insurance policies, certificates of insurance, insurance identification cards, policy declaration pages or policy covers, or insurance binders or other temporary contracts of insurance to consumers, lienholders or loss payees, insurance agents or producers, or other persons or entities; (I) Possesses any device, software, or printing supplies utilized to manufacture false, fake, or counterfeit insurance policies, certificates of insurance, insurance identification cards, policy declaration pages or policy covers, or insurance binders or other temporary contracts of insurance; or (J) Falsely holds himself, herself, or itself out as a representative of an insurance company or assists another in furtherance of that misrepresentation to receive a benefit under an insurance claim, contract, or policy;

(A) Presents, causes to be presented, or prepares with knowledge or belief that it will be presented to an insurer, a reinsurer, broker or its agent, or by a broker or agent, false information as part of, in support of, or concerning a fact material to one (1) or more of the following: (i) An application for the issuance or renewal of an insurance policy or reinsurance contract; (ii) The rating of an insurance policy or reinsurance contract; (iii) A claim for payment or benefit pursuant to an insurance policy or reinsurance contract; (iv) Premiums paid on an insurance policy or reinsurance contract; (v) Payments made in accordance with the terms of an insurance policy or reinsurance contract; (vi) A document filed with the commissioner or the chief insurance regulatory official of another jurisdiction; (vii) The financial condition of an insurer or reinsurer; (viii) The formation, acquisition, merger, reconsolidation, dissolution, or withdrawal from one (1) or more lines of insurance or reinsurance in all or part of this state by an insurer or reinsurer; (ix) The issuance of written evidence of insurance; or (x) The reinstatement of an insurance policy;

(i) An application for the issuance or renewal of an insurance policy or reinsurance contract;

(ii) The rating of an insurance policy or reinsurance contract;

(iii) A claim for payment or benefit pursuant to an insurance policy or reinsurance contract;

(iv) Premiums paid on an insurance policy or reinsurance contract;

(v) Payments made in accordance with the terms of an insurance policy or reinsurance contract;

(vi) A document filed with the commissioner or the chief insurance regulatory official of another jurisdiction;

(vii) The financial condition of an insurer or reinsurer;

(viii) The formation, acquisition, merger, reconsolidation, dissolution, or withdrawal from one (1) or more lines of insurance or reinsurance in all or part of this state by an insurer or reinsurer;

(ix) The issuance of written evidence of insurance; or

(x) The reinstatement of an insurance policy;

(B) Solicits or accepts new or renewal insurance risks on behalf of an insurer, reinsurer, or other person engaged in the business of insurance by a person who knows or should know that the insurer or other person responsible for the risk is insolvent at the time of the transaction;

(C) Removes, conceals, alters, or destroys the assets or records of an insurer, reinsurer, or other person engaged in the business of insurance;

(D) Embezzles, abstracts, purloins, or converts moneys, funds, premiums, credits, or other property of an insurer, reinsurer, or person engaged in the business of insurance;

(E) Transacts the business of insurance in violation of laws requiring a license, certificate of authority, or other legal authority for the transaction of the business of insurance;

(F) Attempts to commit, aids or abets the commission of, or conspires to commit the acts or omissions specified in this subsection;

(G) Issues false, fake, or counterfeit insurance policies, certificates of insurance, insurance identification cards, policy declaration pages or policy covers, or insurance binders or other temporary contracts of insurance;

(H) Possesses or possesses in order to distribute, solicit, sell, negotiate or effectuate false, fake, or counterfeit insurance policies, certificates of insurance, insurance identification cards, policy declaration pages or policy covers, or insurance binders or other temporary contracts of insurance to consumers, lienholders or loss payees, insurance agents or producers, or other persons or entities;

(I) Possesses any device, software, or printing supplies utilized to manufacture false, fake, or counterfeit insurance policies, certificates of insurance, insurance identification cards, policy declaration pages or policy covers, or insurance binders or other temporary contracts of insurance; or

(J) Falsely holds himself, herself, or itself out as a representative of an insurance company or assists another in furtherance of that misrepresentation to receive a benefit under an insurance claim, contract, or policy;

(5) (A) "Insurance" means a contract or arrangement in which one undertakes to: (i) Pay or indemnify another as to loss from certain contingencies called "risks", including through reinsurance; (ii) Pay or grant a specified amount or determinable benefit to another in connection with ascertainable risk contingencies; (iii) Pay an annuity to another; or (iv) Act as surety. (B) "Insurance" shall, for the purposes of this subchapter, be deemed to include any definition used in the Arkansas Insurance Code;

(A) "Insurance" means a contract or arrangement in which one undertakes to: (i) Pay or indemnify another as to loss from certain contingencies called "risks", including through reinsurance; (ii) Pay or grant a specified amount or determinable benefit to another in connection with ascertainable risk contingencies; (iii) Pay an annuity to another; or (iv) Act as surety.

(i) Pay or indemnify another as to loss from certain contingencies called "risks", including through reinsurance;

(ii) Pay or grant a specified amount or determinable benefit to another in connection with ascertainable risk contingencies;

(iii) Pay an annuity to another; or

(iv) Act as surety.

(B) "Insurance" shall, for the purposes of this subchapter, be deemed to include any definition used in the Arkansas Insurance Code;

(6) "Insurer" means a person entering into arrangements or contracts of insurance or reinsurance and who agrees to perform any of the acts set forth in subdivision (5)(A) of this section. A person is an insurer regardless of whether the person is acting in violation of laws requiring a certificate of authority or regardless of whether the person denies being an insurer;

(7) "NAIC" means the National Association of Insurance Commissioners;

(8) (A) "Person" means an individual, corporation, partnership, association, joint stock company, trust, unincorporated organization, or any similar entity or any combination of the foregoing. (B) "Person" shall, for the purposes of this subchapter, be deemed to include any definition used in the Arkansas Insurance Code;

(A) "Person" means an individual, corporation, partnership, association, joint stock company, trust, unincorporated organization, or any similar entity or any combination of the foregoing.

(B) "Person" shall, for the purposes of this subchapter, be deemed to include any definition used in the Arkansas Insurance Code;

(9) "Policy" means an individual or group policy, group certificate, contract, or arrangement of insurance or reinsurance affecting the rights of a resident of this state or bearing a reasonable relation to this state, regardless of whether delivered or issued for delivery in this state; and

(10) "Reinsurance" means a contract, binder of coverage, including placement slip, or arrangement under which an insurer procures insurance for itself in another insurer as to all or part of an insurance risk of the originating insurer.

Amended by Act 2013, No. 355,§ 10, eff. 8/16/2013.

Acts 1997, No. 217, § 1; 2001, No. 1604, § 45; 2005, No. 1697, § 13.
Ark. Code Ann. § 23-96-118 — AR Code / Title 23 / Chapter 96 / Section 23-96-118
Duties and powers of Insurance Commissioner
Status: in_force

(a) In addition to the duties and powers enumerated elsewhere in this chapter: (1) The Insurance Commissioner shall: (A) Upon request of the Board of Directors of the Arkansas Life and Health Insurance Guaranty Association, provide the Arkansas Life and Health Insurance Guaranty Association with a statement of the premiums in this and any other appropriate states for each member insurer; (B) (i) When an impairment is declared and the amount of the impairment is determined, serve a demand upon the impaired insurer to make good the impairment within a reasonable time. (ii) Notice to the impaired insurer shall constitute notice to its shareholders, if any. (iii) The failure of the impaired insurer to promptly comply with such a demand shall not excuse the association from the performance of its powers and duties under this chapter; and (C) In any liquidation or rehabilitation proceeding involving a domestic member insurer, be appointed as the liquidator or rehabilitator; and (2) (A) The commissioner may suspend or revoke, after notice and hearing, the certificate of authority to transact business in this state of any member insurer which fails to pay an assessment when due or fails to comply with the plan of operation. (B) (i) As an alternative, the commissioner may levy a forfeiture on any member insurer that fails to pay an assessment when due. (ii) The forfeiture shall not exceed five percent (5%) of the unpaid assessment per month, but a forfeiture shall not be less than one hundred dollars ($100) per month. (b) (1) A final action of the board or the association may be appealed to the commissioner by any member insurer if the appeal is taken within sixty (60) days of its receipt of notice of the final action's being appealed. (2) If a member company is appealing an assessment, the amount assessed shall be paid to the association and available to meet association obligations during the pendency of an appeal. (3) If the appeal on the assessment is upheld, the amount paid in error or excess shall be returned to the member insurer. (4) Any final action or order of the commissioner shall be subject to judicial review in a court of competent jurisdiction according to the laws of this state that apply to actions or orders of the commissioner. (c) If the association fails to act within a reasonable period of time as provided in § 23-96-112(a) and §§ 23-96-113 and 23-96-120 , the commissioner shall have the powers and duties of the association under this chapter with respect to impaired insurers or insolvent insurers. Amended by Act 2019, No. 520,§ 2, eff. 7/24/2019. Acts 1989, No. 444, §§ 8, 11; 1997, No. 950, § 1.

(a) In addition to the duties and powers enumerated elsewhere in this chapter: (1) The Insurance Commissioner shall: (A) Upon request of the Board of Directors of the Arkansas Life and Health Insurance Guaranty Association, provide the Arkansas Life and Health Insurance Guaranty Association with a statement of the premiums in this and any other appropriate states for each member insurer; (B) (i) When an impairment is declared and the amount of the impairment is determined, serve a demand upon the impaired insurer to make good the impairment within a reasonable time. (ii) Notice to the impaired insurer shall constitute notice to its shareholders, if any. (iii) The failure of the impaired insurer to promptly comply with such a demand shall not excuse the association from the performance of its powers and duties under this chapter; and (C) In any liquidation or rehabilitation proceeding involving a domestic member insurer, be appointed as the liquidator or rehabilitator; and (2) (A) The commissioner may suspend or revoke, after notice and hearing, the certificate of authority to transact business in this state of any member insurer which fails to pay an assessment when due or fails to comply with the plan of operation. (B) (i) As an alternative, the commissioner may levy a forfeiture on any member insurer that fails to pay an assessment when due. (ii) The forfeiture shall not exceed five percent (5%) of the unpaid assessment per month, but a forfeiture shall not be less than one hundred dollars ($100) per month.

(1) The Insurance Commissioner shall: (A) Upon request of the Board of Directors of the Arkansas Life and Health Insurance Guaranty Association, provide the Arkansas Life and Health Insurance Guaranty Association with a statement of the premiums in this and any other appropriate states for each member insurer; (B) (i) When an impairment is declared and the amount of the impairment is determined, serve a demand upon the impaired insurer to make good the impairment within a reasonable time. (ii) Notice to the impaired insurer shall constitute notice to its shareholders, if any. (iii) The failure of the impaired insurer to promptly comply with such a demand shall not excuse the association from the performance of its powers and duties under this chapter; and (C) In any liquidation or rehabilitation proceeding involving a domestic member insurer, be appointed as the liquidator or rehabilitator; and

(A) Upon request of the Board of Directors of the Arkansas Life and Health Insurance Guaranty Association, provide the Arkansas Life and Health Insurance Guaranty Association with a statement of the premiums in this and any other appropriate states for each member insurer;

(B) (i) When an impairment is declared and the amount of the impairment is determined, serve a demand upon the impaired insurer to make good the impairment within a reasonable time. (ii) Notice to the impaired insurer shall constitute notice to its shareholders, if any. (iii) The failure of the impaired insurer to promptly comply with such a demand shall not excuse the association from the performance of its powers and duties under this chapter; and

(i) When an impairment is declared and the amount of the impairment is determined, serve a demand upon the impaired insurer to make good the impairment within a reasonable time.

(ii) Notice to the impaired insurer shall constitute notice to its shareholders, if any.

(iii) The failure of the impaired insurer to promptly comply with such a demand shall not excuse the association from the performance of its powers and duties under this chapter; and

(C) In any liquidation or rehabilitation proceeding involving a domestic member insurer, be appointed as the liquidator or rehabilitator; and

(2) (A) The commissioner may suspend or revoke, after notice and hearing, the certificate of authority to transact business in this state of any member insurer which fails to pay an assessment when due or fails to comply with the plan of operation. (B) (i) As an alternative, the commissioner may levy a forfeiture on any member insurer that fails to pay an assessment when due. (ii) The forfeiture shall not exceed five percent (5%) of the unpaid assessment per month, but a forfeiture shall not be less than one hundred dollars ($100) per month.

(A) The commissioner may suspend or revoke, after notice and hearing, the certificate of authority to transact business in this state of any member insurer which fails to pay an assessment when due or fails to comply with the plan of operation.

(B) (i) As an alternative, the commissioner may levy a forfeiture on any member insurer that fails to pay an assessment when due. (ii) The forfeiture shall not exceed five percent (5%) of the unpaid assessment per month, but a forfeiture shall not be less than one hundred dollars ($100) per month.

(i) As an alternative, the commissioner may levy a forfeiture on any member insurer that fails to pay an assessment when due.

(ii) The forfeiture shall not exceed five percent (5%) of the unpaid assessment per month, but a forfeiture shall not be less than one hundred dollars ($100) per month.

(b) (1) A final action of the board or the association may be appealed to the commissioner by any member insurer if the appeal is taken within sixty (60) days of its receipt of notice of the final action's being appealed. (2) If a member company is appealing an assessment, the amount assessed shall be paid to the association and available to meet association obligations during the pendency of an appeal. (3) If the appeal on the assessment is upheld, the amount paid in error or excess shall be returned to the member insurer. (4) Any final action or order of the commissioner shall be subject to judicial review in a court of competent jurisdiction according to the laws of this state that apply to actions or orders of the commissioner.

(1) A final action of the board or the association may be appealed to the commissioner by any member insurer if the appeal is taken within sixty (60) days of its receipt of notice of the final action's being appealed.

(2) If a member company is appealing an assessment, the amount assessed shall be paid to the association and available to meet association obligations during the pendency of an appeal.

(3) If the appeal on the assessment is upheld, the amount paid in error or excess shall be returned to the member insurer.

(4) Any final action or order of the commissioner shall be subject to judicial review in a court of competent jurisdiction according to the laws of this state that apply to actions or orders of the commissioner.

(c) If the association fails to act within a reasonable period of time as provided in § 23-96-112(a) and §§ 23-96-113 and 23-96-120 , the commissioner shall have the powers and duties of the association under this chapter with respect to impaired insurers or insolvent insurers.

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

Acts 1989, No. 444, §§ 8, 11; 1997, No. 950, § 1.
Ark. Code Ann. § 23-99-1113 — AR Code / Title 23 / Chapter 99 / Subchapter 11 / Section 23-99-1113
Benefit inquiries authorized
Status: in_force

(a) (1) An in-network or out-of-network healthcare provider may submit a benefit inquiry to a healthcare insurer or utilization review entity for a healthcare service not yet provided to determine whether or not the healthcare service meets medical necessity and all other requirements for payment under a health benefit plan if the healthcare service were to be provided to a specific subscriber. (2) (A) The State Insurance Department shall issue a rule on or before January 1, 2018, that defines which benefits are subject to the requirements of this section. (B) Until a rule is promulgated under subdivision (a)(2)(A) of this section, all benefit inquiries shall be processed according to this section. (b) If a healthcare insurer or utilization review entity lacks sufficient information to respond to a benefit inquiry, the healthcare insurer or utilization review entity shall notify the healthcare provider within two (2) business days of the additional information that is required to respond to the benefit inquiry. (c) (1) A healthcare insurer, either directly or through a utilization review entity, shall respond to a benefit inquiry authorized in subsection (a) of this section within ten (10) business days of receipt of information required to make a decision on the benefit inquiry. (2) Responses to a benefit inquiry shall be provided in the same form and manner as responses to requests for prior authorization. (d) Every healthcare insurer shall provide a convenient and accessible procedure for healthcare providers to submit benefit inquiries under this section. (e) Sections 23-99-1109 - 23-99-1111 and 23-99-1114 - 23-99-1116 apply to the benefit inquiry process of any healthcare insurer or utilization review entity. (f) A healthcare service approved under the benefit inquiry process authorized in this section is not subject to audit recoupment under § 23-63-1801 et seq., except as provided for in § 23-99-1109(b) . Amended by Act 2017, No. 815,§ 10, eff. 8/1/2017. Added by Act 2015, No. 1106,§ 2, eff. 7/22/2015.

(a) (1) An in-network or out-of-network healthcare provider may submit a benefit inquiry to a healthcare insurer or utilization review entity for a healthcare service not yet provided to determine whether or not the healthcare service meets medical necessity and all other requirements for payment under a health benefit plan if the healthcare service were to be provided to a specific subscriber. (2) (A) The State Insurance Department shall issue a rule on or before January 1, 2018, that defines which benefits are subject to the requirements of this section. (B) Until a rule is promulgated under subdivision (a)(2)(A) of this section, all benefit inquiries shall be processed according to this section.

(1) An in-network or out-of-network healthcare provider may submit a benefit inquiry to a healthcare insurer or utilization review entity for a healthcare service not yet provided to determine whether or not the healthcare service meets medical necessity and all other requirements for payment under a health benefit plan if the healthcare service were to be provided to a specific subscriber.

(2) (A) The State Insurance Department shall issue a rule on or before January 1, 2018, that defines which benefits are subject to the requirements of this section. (B) Until a rule is promulgated under subdivision (a)(2)(A) of this section, all benefit inquiries shall be processed according to this section.

(A) The State Insurance Department shall issue a rule on or before January 1, 2018, that defines which benefits are subject to the requirements of this section.

(B) Until a rule is promulgated under subdivision (a)(2)(A) of this section, all benefit inquiries shall be processed according to this section.

(b) If a healthcare insurer or utilization review entity lacks sufficient information to respond to a benefit inquiry, the healthcare insurer or utilization review entity shall notify the healthcare provider within two (2) business days of the additional information that is required to respond to the benefit inquiry.

(c) (1) A healthcare insurer, either directly or through a utilization review entity, shall respond to a benefit inquiry authorized in subsection (a) of this section within ten (10) business days of receipt of information required to make a decision on the benefit inquiry. (2) Responses to a benefit inquiry shall be provided in the same form and manner as responses to requests for prior authorization.

(1) A healthcare insurer, either directly or through a utilization review entity, shall respond to a benefit inquiry authorized in subsection (a) of this section within ten (10) business days of receipt of information required to make a decision on the benefit inquiry.

(2) Responses to a benefit inquiry shall be provided in the same form and manner as responses to requests for prior authorization.

(d) Every healthcare insurer shall provide a convenient and accessible procedure for healthcare providers to submit benefit inquiries under this section.

(e) Sections 23-99-1109 - 23-99-1111 and 23-99-1114 - 23-99-1116 apply to the benefit inquiry process of any healthcare insurer or utilization review entity.

(f) A healthcare service approved under the benefit inquiry process authorized in this section is not subject to audit recoupment under § 23-63-1801 et seq., except as provided for in § 23-99-1109(b) .

Amended by Act 2017, No. 815,§ 10, eff. 8/1/2017.

Added by Act 2015, No. 1106,§ 2, eff. 7/22/2015.
Ark. Code Ann. § 23-37-805 — AR Code / Title 23 / Chapter 37 / Subchapter 8 / Section 23-37-805
Acts requiring prior approval of federal authorities
Status: in_force

With the prior approval of the Federal Home Loan Bank Board [abolished] and other applicable federal authorities in accordance with their approval authority over the transaction and without the necessary approval of the board except for the requirements under § 23-37-810 : (1) An Arkansas federal association may acquire a southern region association; and (2) A southern region association may acquire an Arkansas federal association. Acts 1987, No. 45, § 4.

With the prior approval of the Federal Home Loan Bank Board [abolished] and other applicable federal authorities in accordance with their approval authority over the transaction and without the necessary approval of the board except for the requirements under § 23-37-810 :

(1) An Arkansas federal association may acquire a southern region association; and

(2) A southern region association may acquire an Arkansas federal association.

Acts 1987, No. 45, § 4.
Ark. Code Ann. § 23-82-109 — AR Code / Title 23 / Chapter 82 / Section 23-82-109
Dividend provision
Status: in_force

(a) If the industrial life insurance policy is a participating policy, there shall be a provision that the insurer shall annually ascertain and apportion any divisible surplus accruing on the policy. However, at the option of the insurer, the participation may be deferred to the end of the fifth policy year. (b) This provision shall not prohibit the payment of additional dividends on default of payment of premiums or termination of the policy. Acts 1959, No. 148, § 353; A.S.A. 1947, § 66-3408; Acts 2001, No. 1553, § 51.

(a) If the industrial life insurance policy is a participating policy, there shall be a provision that the insurer shall annually ascertain and apportion any divisible surplus accruing on the policy. However, at the option of the insurer, the participation may be deferred to the end of the fifth policy year.

(b) This provision shall not prohibit the payment of additional dividends on default of payment of premiums or termination of the policy.

Acts 1959, No. 148, § 353; A.S.A. 1947, § 66-3408; Acts 2001, No. 1553, § 51.
Ark. Code Ann. § 23-18-511 — AR Code / Title 23 / Chapter 18 / Subchapter 5 / Section 23-18-511
Application for certificate - Contents generally
Status: in_force

An applicant for a certificate shall file with the Arkansas Public Service Commission a verified application in the form required by the commission and containing the following information: (1) A general description of the location and type of the major utility facility proposed to be built; (2) A general description of any reasonable alternate location or locations considered for the proposed facility; (3) A statement of the need and reasons for construction of the facility, including, if applicable, a reference to any prior commission action in an energy resource declaration-of-need proceeding determining the need for additional energy supply or transmission resources by the public utility; (4) A statement of the estimated costs of the major utility facility and the proposed method of financing the construction of the major utility facility; (5) (A) A general description of any reasonable alternate methods of financing the construction of the major utility facility and a description of the comparative merits and detriments of each alternate financing method considered. (B) If at the time of filing of the application the federal income tax laws and the state laws would permit the issuance of tax-exempt bonds to finance the construction of the proposed major utility facility for the applicant by a state financing agency, the application shall also include a discussion of the merits and detriments of financing the major utility facility with the bonds; (6) An analysis of the projected economic or financial impact on the applicant and the local community in which the major utility facility is to be located as a result of the construction and the operation of the proposed major utility facility; (7) An analysis of the estimated effects on energy costs to the consumer as a result of the construction and operation of the proposed major utility facility; (8) (A) An exhibit containing an environmental impact statement that fully develops the six (6) factors listed in subdivision (8)(B) of this section, treating in reasonable detail such considerations, if applicable, as: (i) The proposed major utility facility's direct and indirect effect on the following in the area in which the major utility facility is to be located: (a) The ecology of the land, air, and water environment; (b) Established park and recreational areas; and (c) Any sites of natural, historic, and scenic values and resources of the area in which the major utility facility is to be located; and (ii) Any other relevant environmental effects. (B) The environmental impact statement shall state: (i) The environmental impact of the proposed action; (ii) Any adverse environmental effects that cannot be avoided; (iii) A description of the comparative merits and detriments of each alternate location considered for the major utility facility; (iv) For generating plants, the energy production process considered; (v) A statement of the reasons why the proposed location and production process were selected for the major utility facility; and (vi) Any irreversible and irretrievable commitments of resources that would be involved in the proposed action should it be implemented; (9) The interstate benefits expected to be achieved by the proposed construction or modification of an electric transmission line and associated facilities, as described in § 23-18-503(6)(B) , that is located within a national interest electric transmission corridor; and (10) Such other information of an environmental or economic nature as the applicant may consider relevant or as the commission may by rule or order require. Amended by Act 2019, No. 315,§ 2478, eff. 7/24/2019. Amended by Act 2013, No. 1133,§ 5, eff. 8/16/2013. Acts 1973, No. 164, § 5; 1977, No. 866, § 1; A.S.A. 1947, § 73-276.4; Acts 1999, No. 1556, § 9; 2001, No. 324, §§ 7, 8; 2003, No. 204, §§ 12, 13; 2007, No. 658, § 3; 2009, No. 164, § 7; 2011, No. 910, § 6.

An applicant for a certificate shall file with the Arkansas Public Service Commission a verified application in the form required by the commission and containing the following information:

(1) A general description of the location and type of the major utility facility proposed to be built;

(2) A general description of any reasonable alternate location or locations considered for the proposed facility;

(3) A statement of the need and reasons for construction of the facility, including, if applicable, a reference to any prior commission action in an energy resource declaration-of-need proceeding determining the need for additional energy supply or transmission resources by the public utility;

(4) A statement of the estimated costs of the major utility facility and the proposed method of financing the construction of the major utility facility;

(5) (A) A general description of any reasonable alternate methods of financing the construction of the major utility facility and a description of the comparative merits and detriments of each alternate financing method considered. (B) If at the time of filing of the application the federal income tax laws and the state laws would permit the issuance of tax-exempt bonds to finance the construction of the proposed major utility facility for the applicant by a state financing agency, the application shall also include a discussion of the merits and detriments of financing the major utility facility with the bonds;

(A) A general description of any reasonable alternate methods of financing the construction of the major utility facility and a description of the comparative merits and detriments of each alternate financing method considered.

(B) If at the time of filing of the application the federal income tax laws and the state laws would permit the issuance of tax-exempt bonds to finance the construction of the proposed major utility facility for the applicant by a state financing agency, the application shall also include a discussion of the merits and detriments of financing the major utility facility with the bonds;

(6) An analysis of the projected economic or financial impact on the applicant and the local community in which the major utility facility is to be located as a result of the construction and the operation of the proposed major utility facility;

(7) An analysis of the estimated effects on energy costs to the consumer as a result of the construction and operation of the proposed major utility facility;

(8) (A) An exhibit containing an environmental impact statement that fully develops the six (6) factors listed in subdivision (8)(B) of this section, treating in reasonable detail such considerations, if applicable, as: (i) The proposed major utility facility's direct and indirect effect on the following in the area in which the major utility facility is to be located: (a) The ecology of the land, air, and water environment; (b) Established park and recreational areas; and (c) Any sites of natural, historic, and scenic values and resources of the area in which the major utility facility is to be located; and (ii) Any other relevant environmental effects. (B) The environmental impact statement shall state: (i) The environmental impact of the proposed action; (ii) Any adverse environmental effects that cannot be avoided; (iii) A description of the comparative merits and detriments of each alternate location considered for the major utility facility; (iv) For generating plants, the energy production process considered; (v) A statement of the reasons why the proposed location and production process were selected for the major utility facility; and (vi) Any irreversible and irretrievable commitments of resources that would be involved in the proposed action should it be implemented;

(A) An exhibit containing an environmental impact statement that fully develops the six (6) factors listed in subdivision (8)(B) of this section, treating in reasonable detail such considerations, if applicable, as: (i) The proposed major utility facility's direct and indirect effect on the following in the area in which the major utility facility is to be located: (a) The ecology of the land, air, and water environment; (b) Established park and recreational areas; and (c) Any sites of natural, historic, and scenic values and resources of the area in which the major utility facility is to be located; and (ii) Any other relevant environmental effects.

(i) The proposed major utility facility's direct and indirect effect on the following in the area in which the major utility facility is to be located: (a) The ecology of the land, air, and water environment; (b) Established park and recreational areas; and (c) Any sites of natural, historic, and scenic values and resources of the area in which the major utility facility is to be located; and

(a) The ecology of the land, air, and water environment;

(b) Established park and recreational areas; and

(c) Any sites of natural, historic, and scenic values and resources of the area in which the major utility facility is to be located; and

(ii) Any other relevant environmental effects.

(B) The environmental impact statement shall state: (i) The environmental impact of the proposed action; (ii) Any adverse environmental effects that cannot be avoided; (iii) A description of the comparative merits and detriments of each alternate location considered for the major utility facility; (iv) For generating plants, the energy production process considered; (v) A statement of the reasons why the proposed location and production process were selected for the major utility facility; and (vi) Any irreversible and irretrievable commitments of resources that would be involved in the proposed action should it be implemented;

(i) The environmental impact of the proposed action;

(ii) Any adverse environmental effects that cannot be avoided;

(iii) A description of the comparative merits and detriments of each alternate location considered for the major utility facility;

(iv) For generating plants, the energy production process considered;

(v) A statement of the reasons why the proposed location and production process were selected for the major utility facility; and

(vi) Any irreversible and irretrievable commitments of resources that would be involved in the proposed action should it be implemented;

(9) The interstate benefits expected to be achieved by the proposed construction or modification of an electric transmission line and associated facilities, as described in § 23-18-503(6)(B) , that is located within a national interest electric transmission corridor; and

(10) Such other information of an environmental or economic nature as the applicant may consider relevant or as the commission may by rule or order require.

Amended by Act 2019, No. 315,§ 2478, eff. 7/24/2019.

Amended by Act 2013, No. 1133,§ 5, eff. 8/16/2013.

Acts 1973, No. 164, § 5; 1977, No. 866, § 1; A.S.A. 1947, § 73-276.4; Acts 1999, No. 1556, § 9; 2001, No. 324, §§ 7, 8; 2003, No. 204, §§ 12, 13; 2007, No. 658, § 3; 2009, No. 164, § 7; 2011, No. 910, § 6.
Ark. Code Ann. § 23-42-107 — AR Code / Title 23 / Chapter 42 / Subchapter 1 / Section 23-42-107
Consent to service of process
Status: in_force

(a) (1) (A) Every applicant for registration under this chapter, every person making a notice filing, and every issuer for whom a registration, exemption from registration, or notice filing is required under this chapter, shall file with the Securities Commissioner, in the form which he or she prescribes by rule, an irrevocable consent appointing the commissioner or his or her successor in office to be his or her attorney to receive service of any lawful process in any noncriminal suit, action, or proceeding against him or her or his or her successor, executor, or administrator which arises under this chapter or any rule or order hereunder after the consent has been filed, with the same force and validity as if served personally on the person filing the consent. (B) However, this shall not apply to applicants, persons making notice filings, and issuers who have a place of business in Arkansas, have qualified to do business in Arkansas with the Secretary of State, and have either an agent for service of process or have executed a consent appointing the Secretary of State agent for service of process, or who may otherwise be subject to service of process. (2) A person who has filed a consent appointing the commissioner in connection with a previous registration or notice filing need not file another when renewing a registration or notice filing. (3) Service may be made by leaving a copy of the process in the office of the commissioner, but it is not effective unless: (A) The plaintiff, who may be the commissioner in a suit, action, or proceeding instituted by him or her, immediately sends notice of the service and a copy of the process by mail with proof of service to the defendant or respondent at his or her last address on file with the commissioner; and (B) The plaintiff's affidavit of compliance with this subsection is filed in the case on or before the return day of the process, if any, or within such further time as the court allows. (b) (1) When any person, including any nonresident of this state, engages in conduct prohibited or made actionable by this chapter or any rule or order hereunder and he or she has not filed a consent to service of process under subsection (a) of this section, and personal jurisdiction over him or her cannot otherwise be obtained in this state, that conduct shall be considered equivalent to his or her appointment of the commissioner or his or her successor in office to be his or her attorney to receive service of any lawful process in any noncriminal suit, action, or proceeding against him or her or his or her successor executor or administrator which grows out of that conduct and which is brought under this chapter or any rule or order hereunder, with the same force and validity as if served on him or her personally. (2) Service may be made by leaving a copy of the process in the office of the commissioner, and it is not effective unless: (A) The plaintiff, who may be the commissioner in a suit, action, or proceeding instituted by him or her, forthwith sends notice of the service and a copy of the process by mail with proof of service to the defendant or respondent at his or her last known address or takes other steps which are reasonably calculated to give actual notice; and (B) The plaintiff's affidavit of compliance with this subsection is filed in the case on or before the return day of the process, if any, or within such further time as the court allows. (c) When process is served under this section, the court, or the commissioner in a proceeding before him or her, shall order such continuance as may be necessary to afford the defendant or respondent reasonable opportunity to defend. Acts 1959, No. 254, § 26; 1963, No. 479, § 5; 1983, No. 836, §§ 18, 19; A.S.A. 1947, § 67-1260; Acts 1997, No. 173, § 4.

(a) (1) (A) Every applicant for registration under this chapter, every person making a notice filing, and every issuer for whom a registration, exemption from registration, or notice filing is required under this chapter, shall file with the Securities Commissioner, in the form which he or she prescribes by rule, an irrevocable consent appointing the commissioner or his or her successor in office to be his or her attorney to receive service of any lawful process in any noncriminal suit, action, or proceeding against him or her or his or her successor, executor, or administrator which arises under this chapter or any rule or order hereunder after the consent has been filed, with the same force and validity as if served personally on the person filing the consent. (B) However, this shall not apply to applicants, persons making notice filings, and issuers who have a place of business in Arkansas, have qualified to do business in Arkansas with the Secretary of State, and have either an agent for service of process or have executed a consent appointing the Secretary of State agent for service of process, or who may otherwise be subject to service of process. (2) A person who has filed a consent appointing the commissioner in connection with a previous registration or notice filing need not file another when renewing a registration or notice filing. (3) Service may be made by leaving a copy of the process in the office of the commissioner, but it is not effective unless: (A) The plaintiff, who may be the commissioner in a suit, action, or proceeding instituted by him or her, immediately sends notice of the service and a copy of the process by mail with proof of service to the defendant or respondent at his or her last address on file with the commissioner; and (B) The plaintiff's affidavit of compliance with this subsection is filed in the case on or before the return day of the process, if any, or within such further time as the court allows.

(1) (A) Every applicant for registration under this chapter, every person making a notice filing, and every issuer for whom a registration, exemption from registration, or notice filing is required under this chapter, shall file with the Securities Commissioner, in the form which he or she prescribes by rule, an irrevocable consent appointing the commissioner or his or her successor in office to be his or her attorney to receive service of any lawful process in any noncriminal suit, action, or proceeding against him or her or his or her successor, executor, or administrator which arises under this chapter or any rule or order hereunder after the consent has been filed, with the same force and validity as if served personally on the person filing the consent. (B) However, this shall not apply to applicants, persons making notice filings, and issuers who have a place of business in Arkansas, have qualified to do business in Arkansas with the Secretary of State, and have either an agent for service of process or have executed a consent appointing the Secretary of State agent for service of process, or who may otherwise be subject to service of process.

(A) Every applicant for registration under this chapter, every person making a notice filing, and every issuer for whom a registration, exemption from registration, or notice filing is required under this chapter, shall file with the Securities Commissioner, in the form which he or she prescribes by rule, an irrevocable consent appointing the commissioner or his or her successor in office to be his or her attorney to receive service of any lawful process in any noncriminal suit, action, or proceeding against him or her or his or her successor, executor, or administrator which arises under this chapter or any rule or order hereunder after the consent has been filed, with the same force and validity as if served personally on the person filing the consent.

(B) However, this shall not apply to applicants, persons making notice filings, and issuers who have a place of business in Arkansas, have qualified to do business in Arkansas with the Secretary of State, and have either an agent for service of process or have executed a consent appointing the Secretary of State agent for service of process, or who may otherwise be subject to service of process.

(2) A person who has filed a consent appointing the commissioner in connection with a previous registration or notice filing need not file another when renewing a registration or notice filing.

(3) Service may be made by leaving a copy of the process in the office of the commissioner, but it is not effective unless: (A) The plaintiff, who may be the commissioner in a suit, action, or proceeding instituted by him or her, immediately sends notice of the service and a copy of the process by mail with proof of service to the defendant or respondent at his or her last address on file with the commissioner; and (B) The plaintiff's affidavit of compliance with this subsection is filed in the case on or before the return day of the process, if any, or within such further time as the court allows.

(A) The plaintiff, who may be the commissioner in a suit, action, or proceeding instituted by him or her, immediately sends notice of the service and a copy of the process by mail with proof of service to the defendant or respondent at his or her last address on file with the commissioner; and

(B) The plaintiff's affidavit of compliance with this subsection is filed in the case on or before the return day of the process, if any, or within such further time as the court allows.

(b) (1) When any person, including any nonresident of this state, engages in conduct prohibited or made actionable by this chapter or any rule or order hereunder and he or she has not filed a consent to service of process under subsection (a) of this section, and personal jurisdiction over him or her cannot otherwise be obtained in this state, that conduct shall be considered equivalent to his or her appointment of the commissioner or his or her successor in office to be his or her attorney to receive service of any lawful process in any noncriminal suit, action, or proceeding against him or her or his or her successor executor or administrator which grows out of that conduct and which is brought under this chapter or any rule or order hereunder, with the same force and validity as if served on him or her personally. (2) Service may be made by leaving a copy of the process in the office of the commissioner, and it is not effective unless: (A) The plaintiff, who may be the commissioner in a suit, action, or proceeding instituted by him or her, forthwith sends notice of the service and a copy of the process by mail with proof of service to the defendant or respondent at his or her last known address or takes other steps which are reasonably calculated to give actual notice; and (B) The plaintiff's affidavit of compliance with this subsection is filed in the case on or before the return day of the process, if any, or within such further time as the court allows.

(1) When any person, including any nonresident of this state, engages in conduct prohibited or made actionable by this chapter or any rule or order hereunder and he or she has not filed a consent to service of process under subsection (a) of this section, and personal jurisdiction over him or her cannot otherwise be obtained in this state, that conduct shall be considered equivalent to his or her appointment of the commissioner or his or her successor in office to be his or her attorney to receive service of any lawful process in any noncriminal suit, action, or proceeding against him or her or his or her successor executor or administrator which grows out of that conduct and which is brought under this chapter or any rule or order hereunder, with the same force and validity as if served on him or her personally.

(2) Service may be made by leaving a copy of the process in the office of the commissioner, and it is not effective unless: (A) The plaintiff, who may be the commissioner in a suit, action, or proceeding instituted by him or her, forthwith sends notice of the service and a copy of the process by mail with proof of service to the defendant or respondent at his or her last known address or takes other steps which are reasonably calculated to give actual notice; and (B) The plaintiff's affidavit of compliance with this subsection is filed in the case on or before the return day of the process, if any, or within such further time as the court allows.

(A) The plaintiff, who may be the commissioner in a suit, action, or proceeding instituted by him or her, forthwith sends notice of the service and a copy of the process by mail with proof of service to the defendant or respondent at his or her last known address or takes other steps which are reasonably calculated to give actual notice; and

(B) The plaintiff's affidavit of compliance with this subsection is filed in the case on or before the return day of the process, if any, or within such further time as the court allows.

(c) When process is served under this section, the court, or the commissioner in a proceeding before him or her, shall order such continuance as may be necessary to afford the defendant or respondent reasonable opportunity to defend.

Acts 1959, No. 254, § 26; 1963, No. 479, § 5; 1983, No. 836, §§ 18, 19; A.S.A. 1947, § 67-1260; Acts 1997, No. 173, § 4.
Ark. Code Ann. § 23-61-109 — AR Code / Title 23 / Chapter 61 / Subchapter 1 / Section 23-61-109
Orders and notices
Status: in_force

(a) Orders and notices of the Insurance Commissioner shall be effective only when in writing signed by the commissioner by his or her authority. (b) Every order shall state its effective date and shall concisely state: (1) Its intent or purpose; (2) The grounds on which based; and (3) The provisions of the Arkansas Insurance Code pursuant to which action is taken or proposed to be taken, but failure to so designate all applicable provisions shall not deprive the commissioner of the right to rely thereon. (c) Except as may be provided in the Arkansas Insurance Code respecting particular procedures, an order or notice may be given by service upon or delivery to the person to be ordered or notified or by mailing it, postage prepaid, addressed to the person at his or her principal place of business as last of record in the department. Acts 1959, No. 148, § 27; A.S.A. 1947, § 66-2112.

(a) Orders and notices of the Insurance Commissioner shall be effective only when in writing signed by the commissioner by his or her authority.

(b) Every order shall state its effective date and shall concisely state: (1) Its intent or purpose; (2) The grounds on which based; and (3) The provisions of the Arkansas Insurance Code pursuant to which action is taken or proposed to be taken, but failure to so designate all applicable provisions shall not deprive the commissioner of the right to rely thereon.

(1) Its intent or purpose;

(2) The grounds on which based; and

(3) The provisions of the Arkansas Insurance Code pursuant to which action is taken or proposed to be taken, but failure to so designate all applicable provisions shall not deprive the commissioner of the right to rely thereon.

(c) Except as may be provided in the Arkansas Insurance Code respecting particular procedures, an order or notice may be given by service upon or delivery to the person to be ordered or notified or by mailing it, postage prepaid, addressed to the person at his or her principal place of business as last of record in the department.

Acts 1959, No. 148, § 27; A.S.A. 1947, § 66-2112.
Ark. Code Ann. § 23-68-119 — AR Code / Title 23 / Chapter 68 / Section 23-68-119
Priority of certain claims
Status: in_force

(1) In a delinquency proceeding against an insurer domiciled in this state, claims owing to residents of ancillary states shall be preferred claims if like claims are preferred under the laws of this state. All such claims owing to residents or nonresidents shall be given equal priority of payment from general assets regardless of where such assets are located. (2) In a delinquency proceeding against an insurer domiciled in a reciprocal state, claims owing to residents of this state shall be preferred if like claims are preferred by the laws of that state. (3) The owners of special deposit claims against an insurer for which a receiver is appointed in this or any other state shall be given priority against their several special deposits in accordance with the provisions of the statutes governing the creation and maintenance of such deposits. If there is a deficiency in any such deposit so that the claims secured thereby are not fully discharged therefrom, the claimants may share in the general assets, but such sharing shall be deferred until general creditors, and also claimants against other special deposits who have received smaller percentages from their respective special deposits, have been paid percentages of their claims equal to the percentage paid from the special deposit. (4) The owner of a secured claim against an insurer for which a receiver has been appointed in this or any other state may surrender his or her security and file his or her claim as a general creditor, or the claim may be discharged by resort to the security, in which case the deficiency, if any, shall be treated as a claim against the general assets of the insurer on the same basis as claims of unsecured creditors. If the amount of the deficiency has been adjudicated in ancillary proceedings as provided in this chapter, or if it has been adjudicated by a court of competent jurisdiction in proceedings in which the domiciliary receiver has had notice and opportunity to be heard, such amounts shall be conclusive; otherwise, the amount shall be determined in the delinquency proceeding in the domiciliary state. Acts 1959, No. 148, § 656; A.S.A. 1947, § 66-4819.

(1) In a delinquency proceeding against an insurer domiciled in this state, claims owing to residents of ancillary states shall be preferred claims if like claims are preferred under the laws of this state. All such claims owing to residents or nonresidents shall be given equal priority of payment from general assets regardless of where such assets are located.

(2) In a delinquency proceeding against an insurer domiciled in a reciprocal state, claims owing to residents of this state shall be preferred if like claims are preferred by the laws of that state.

(3) The owners of special deposit claims against an insurer for which a receiver is appointed in this or any other state shall be given priority against their several special deposits in accordance with the provisions of the statutes governing the creation and maintenance of such deposits. If there is a deficiency in any such deposit so that the claims secured thereby are not fully discharged therefrom, the claimants may share in the general assets, but such sharing shall be deferred until general creditors, and also claimants against other special deposits who have received smaller percentages from their respective special deposits, have been paid percentages of their claims equal to the percentage paid from the special deposit.

(4) The owner of a secured claim against an insurer for which a receiver has been appointed in this or any other state may surrender his or her security and file his or her claim as a general creditor, or the claim may be discharged by resort to the security, in which case the deficiency, if any, shall be treated as a claim against the general assets of the insurer on the same basis as claims of unsecured creditors. If the amount of the deficiency has been adjudicated in ancillary proceedings as provided in this chapter, or if it has been adjudicated by a court of competent jurisdiction in proceedings in which the domiciliary receiver has had notice and opportunity to be heard, such amounts shall be conclusive; otherwise, the amount shall be determined in the delinquency proceeding in the domiciliary state.

Acts 1959, No. 148, § 656; A.S.A. 1947, § 66-4819.
Ark. Code Ann. § 23-79-114 — AR Code / Title 23 / Chapter 79 / Subchapter 1 / Section 23-79-114
Entitlement notwithstanding policy provisions - Health services performed by professionals not licensed under Arkansas Medical Practices Act
Status: in_force

(a) (1) Notwithstanding any provision of any individual or group policy of accident and health insurance or any provision of a policy, contract, plan, or agreement for hospital or medical service or indemnity, in cases in which the policy, contract, plan, or agreement provides for payment or reimbursement for any service provided by persons licensed under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., the person entitled to benefits or person performing services under the policy, contract, plan, or agreement is entitled to payment or reimbursement on an equal basis for the service when the service is performed by any person licensed under any of the examining boards found in § 17-80-101 , as amended by §§ 17-95-301 - 17-95-304 . (2) Nothing in this subsection shall be construed to amend, alter, or repeal any laws relating to the licensing or use of hospitals. (3) The provisions of this subsection shall not apply to any policy, contract, plan, or agreement in effect prior to February 3, 1971. (b) (1) Notwithstanding any provision of any individual or group policy of accident and health insurance or any provision of a policy, contract, plan, or agreement for hospital or medical service or indemnity, whenever such a policy, contract, plan, or agreement provides for payment or reimbursement for any service in the vision or human eye field provided by persons licensed under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., the person entitled to benefits or the person performing services under such a policy, contract, plan, or agreement is entitled to payment or reimbursement on an equal basis for such a service when the service is performed by any person licensed under the Arkansas Optometry Practices Act, § 17-90-101 et seq. (2) No person entitled to benefits under this subsection shall be denied his or her freedom of choice of any practitioner licensed under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., or the Arkansas Optometry Practices Act, § 17-90-101 et seq., by any insurer or agent or employee of the insurer or by any department, agency, or employee of this state. (3) (A) Nothing herein shall be construed to enlarge or diminish the practice of optometry as defined by law in the Arkansas Optometry Practices Act, § 17-90-101 et seq., and, in accordance with state law, sole and complete authority regarding determination of those acts, services, procedures, and practices that constitute the practice of optometry in this state shall be vested in the State Board of Optometry. (B) This section shall specifically include, but not be limited to, authority of the State Board of Optometry to define the parameters of management and comanagement of persons licensed under the Arkansas Optometry Practices Act, § 17-90-101 et seq., in the treatment and management of postoperative and therapeutic care of the human eye. (4) The provisions of this subsection shall not apply to any policy, contract, plan, or agreement until persons licensed under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., become entitled to reimbursement for services by the insurer in the vision or human eye field. (5) The purpose of this subsection is to ensure that persons licensed under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., or the Arkansas Optometry Practices Act, § 17-90-101 et seq., shall be entitled to payment or reimbursement on an equal basis for service in the vision or human eye field. (c) (1) Notwithstanding any provision of any individual or group policy of accident and health insurance or any provision of a policy, contract, plan, or agreement for hospital or medical service or indemnity, in cases in which the policy, contract, plan, or agreement provides for payment or reimbursement for any services consisting of the diagnosis, medical, mechanical, or surgical treatment of ailments of the human foot provided by persons licensed under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., the person entitled to benefits or person performing services under the policy, contract, plan, or agreement is entitled to payment or reimbursement on an equal basis for the service when the service is performed by any person licensed under the Arkansas Podiatry Practices Act, § 17-96-101 et seq. (2) No person entitled to benefits under this subsection shall be denied freedom of choice of any practitioner licensed under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., or the Arkansas Podiatry Practices Act, § 17-96-101 et seq., by any insurer or agency or employee of the insurer or by any department, agency, or employee of this state. (3) Nothing in this subsection shall be construed to enlarge or diminish the practice of podiatry as defined by law in the Arkansas Podiatry Practices Act, § 17-96-101 et seq. (4) The purpose of this subsection is to ensure that persons licensed under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., or the Arkansas Podiatry Practices Act, § 17-96-101 et seq., shall be entitled to payment or reimbursement on an equal basis for service consisting of the diagnosis, medical, mechanical, and/or surgical treatment of ailments of the human foot. (d) (1) Notwithstanding any provision of any individual or group policy of accident and health insurance, or any provision of a policy, contract, plan, or agreement for hospital or medical service or indemnity, in cases in which the policy, contract, plan, or agreement provides for payment or reimbursement for any services consisting of psychological evaluation, counseling, psychotherapy, or related mental health services, provided by persons licensed under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., the person entitled to benefits or persons providing services under the policy, contract, plan, or agreement are entitled to payment or reimbursement on an equal basis for the service when the service is provided by any person licensed as a psychologist under § 17-97-301 et seq. and operating within his or her area of competence. (2) No person entitled to benefits under this subsection shall be denied freedom of choice to select any practitioner licensed under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., or § 17-97-201 et seq. by any insurer or agency or employee of the insurer or by any department, agency, or employee of this state. (3) Nothing in this subsection shall be construed to enlarge or diminish the practice of psychology as defined by law in § 17-97-102 . (4) The purpose of this subsection is to ensure that persons licensed under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., or persons licensed as psychologists under § 17-97-301 et seq. shall be entitled to payment or reimbursement on an equal basis for services consisting of psychological evaluation, counseling, psychotherapy, or related mental health services. (e) (1) Notwithstanding any provision of any accident and health insurance contract or any group accident and health insurance contract or blanket accident and health insurance contract as provided for in this section and §§ 23-79-101 - 23-79-107 , 23-79-109 - 23-79-113 , 23-79-115 - 23-79-128 , 23-79-131 - 23-79-134 , and 23-79-202 - 23-79-210 , benefits shall not be denied thereunder for any health service performed by any person licensed pursuant to the provisions of the Arkansas Dental Practice Act, § 17-82-101 et seq., if the service performed was within the lawful scope of the person's license and the contract would have provided benefits if the service had been performed by a holder of a license issued pursuant to the provisions of the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq. (2) No person entitled to benefits under this subsection shall be denied freedom of choice to select any practitioner licensed under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., or the Arkansas Dental Practice Act, § 17-82-101 et seq., by any insurer or agency or employee of the insurer or by any department, agency, or employee of this state. (3) Nothing in this subsection shall be construed to enlarge or diminish the practice of dentistry as defined by the Arkansas Dental Practice Act, § 17-82-101 et seq. (f) (1) Notwithstanding any provision of any individual or group policy of accident and health insurance, or any provision of a policy, contract, plan, or agreement for hospital or medical service or indemnity, in cases in which the policy, contract, plan, or agreement provides for payment or reimbursement for any anesthesia services provided by persons licensed under the Arkansas Medical Practices Act, § 17-95- 201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., the person entitled to benefits or the persons providing services under the policy, contract, plan, or agreement are entitled to the same method of payment for the service when the service is provided by any person licensed as a certified registered nurse anesthetist and operating within his or her area of competence. (2) No person entitled to benefits under this subsection shall be denied freedom of choice to select any practitioner licensed under § 17-87-302 by any insurer or agency or employee of the insurer or by any department, agency, or employee of this state. (3) Nothing in this subsection shall be construed to enlarge or diminish the practice of certified registered nurse anesthetists under § 17-87-302 . (4) The purpose of this subsection is to ensure that persons licensed under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., or persons licensed as certified registered nurse anesthetists under § 17-87-302 shall be entitled to the same method of payment for anesthesia services. (g) (1) Notwithstanding any provision of any individual or group policy of accident and health insurance or any provision of a policy, contract, plan, or agreement for hospital or medical service or indemnity, whenever the policy, contract, plan, or agreement provides for payment or reimbursement for any service in the audiology field provided by persons licensed as audiologists under the Licensure Act of Speech-Language Pathologists and Audiologists, § 17-100-101 et seq., the person entitled to benefits or the person performing services under the policy, contract, plan, or agreement is entitled to payment or reimbursement on an equal basis for the service when the service is performed by any person licensed as an audiologist under the Licensure Act of Speech-Language Pathologists and Audiologists, § 17-100-101 et seq. (2) No person entitled to benefits under this subsection shall be denied his or her freedom of choice of any practitioner licensed under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., or the Licensure Act of Speech-Language Pathologists and Audiologists, § 17-100-101 et seq., by any insurer or agent or employee of the insurer or by any department, agency, or employee of this state. (3) (A) Nothing in this subsection shall be construed to enlarge or diminish the practice of audiology as defined under § 17-100-103 . (B) Under state law, sole and complete authority regarding determination of those acts, services, procedures, and practices that may be reimbursed on an equal basis shall be vested in the Board of Examiners in Speech-Language Pathology and Audiology. (C) This section shall specifically include, but not be limited to, the authority of the board to define the parameters of management and comanagement of persons licensed under the Licensure Act of Speech-Language Pathologists and Audiologists, § 17-100-101 et seq., in the treatment and management of hearing and disorders of hearing. (4) The purpose of this subsection is to ensure that persons licensed under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., or the Licensure Act of Speech-Language Pathologists and Audiologists, § 17-100-101 et seq., shall be entitled to payment or reimbursement on an equal basis for service in the audiology field. (5) The failure to comply with any provision in this subsection shall be deemed an unfair trade practice under the Trade Practices Act, § 23-66-201 et seq., and may be punished by fines and penalties established under §§ 23-60-108 , 23-66-210 , and 23-66-215 . Acts 1959, No. 148, § 279; 1971, No. 34, §§ 1-3; 1971, No. 531, §§ 1-5; 1975, No. 303, §§ 1-4; 1975, No. 741, §§ 1-4; 1981, No. 196, §§ 1-3; A.S.A. 1947, §§ 66-3212, 66-3212n, 66-3212.2 -- 66-3212.9, 66-3212.2n, 66-3212.3n, 66-3212.5n, 66-3212.7n; Acts 1993, No. 577, § 1; 1993, No. 1271, § 1; 2001, No. 1604, § 92; 2003, No. 1455, § 2; 2005, No. 1995, § 1.

(a) (1) Notwithstanding any provision of any individual or group policy of accident and health insurance or any provision of a policy, contract, plan, or agreement for hospital or medical service or indemnity, in cases in which the policy, contract, plan, or agreement provides for payment or reimbursement for any service provided by persons licensed under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., the person entitled to benefits or person performing services under the policy, contract, plan, or agreement is entitled to payment or reimbursement on an equal basis for the service when the service is performed by any person licensed under any of the examining boards found in § 17-80-101 , as amended by §§ 17-95-301 - 17-95-304 . (2) Nothing in this subsection shall be construed to amend, alter, or repeal any laws relating to the licensing or use of hospitals. (3) The provisions of this subsection shall not apply to any policy, contract, plan, or agreement in effect prior to February 3, 1971.

(1) Notwithstanding any provision of any individual or group policy of accident and health insurance or any provision of a policy, contract, plan, or agreement for hospital or medical service or indemnity, in cases in which the policy, contract, plan, or agreement provides for payment or reimbursement for any service provided by persons licensed under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., the person entitled to benefits or person performing services under the policy, contract, plan, or agreement is entitled to payment or reimbursement on an equal basis for the service when the service is performed by any person licensed under any of the examining boards found in § 17-80-101 , as amended by §§ 17-95-301 - 17-95-304 .

(2) Nothing in this subsection shall be construed to amend, alter, or repeal any laws relating to the licensing or use of hospitals.

(3) The provisions of this subsection shall not apply to any policy, contract, plan, or agreement in effect prior to February 3, 1971.

(b) (1) Notwithstanding any provision of any individual or group policy of accident and health insurance or any provision of a policy, contract, plan, or agreement for hospital or medical service or indemnity, whenever such a policy, contract, plan, or agreement provides for payment or reimbursement for any service in the vision or human eye field provided by persons licensed under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., the person entitled to benefits or the person performing services under such a policy, contract, plan, or agreement is entitled to payment or reimbursement on an equal basis for such a service when the service is performed by any person licensed under the Arkansas Optometry Practices Act, § 17-90-101 et seq. (2) No person entitled to benefits under this subsection shall be denied his or her freedom of choice of any practitioner licensed under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., or the Arkansas Optometry Practices Act, § 17-90-101 et seq., by any insurer or agent or employee of the insurer or by any department, agency, or employee of this state. (3) (A) Nothing herein shall be construed to enlarge or diminish the practice of optometry as defined by law in the Arkansas Optometry Practices Act, § 17-90-101 et seq., and, in accordance with state law, sole and complete authority regarding determination of those acts, services, procedures, and practices that constitute the practice of optometry in this state shall be vested in the State Board of Optometry. (B) This section shall specifically include, but not be limited to, authority of the State Board of Optometry to define the parameters of management and comanagement of persons licensed under the Arkansas Optometry Practices Act, § 17-90-101 et seq., in the treatment and management of postoperative and therapeutic care of the human eye. (4) The provisions of this subsection shall not apply to any policy, contract, plan, or agreement until persons licensed under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., become entitled to reimbursement for services by the insurer in the vision or human eye field. (5) The purpose of this subsection is to ensure that persons licensed under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., or the Arkansas Optometry Practices Act, § 17-90-101 et seq., shall be entitled to payment or reimbursement on an equal basis for service in the vision or human eye field.

(1) Notwithstanding any provision of any individual or group policy of accident and health insurance or any provision of a policy, contract, plan, or agreement for hospital or medical service or indemnity, whenever such a policy, contract, plan, or agreement provides for payment or reimbursement for any service in the vision or human eye field provided by persons licensed under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., the person entitled to benefits or the person performing services under such a policy, contract, plan, or agreement is entitled to payment or reimbursement on an equal basis for such a service when the service is performed by any person licensed under the Arkansas Optometry Practices Act, § 17-90-101 et seq.

(2) No person entitled to benefits under this subsection shall be denied his or her freedom of choice of any practitioner licensed under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., or the Arkansas Optometry Practices Act, § 17-90-101 et seq., by any insurer or agent or employee of the insurer or by any department, agency, or employee of this state.

(3) (A) Nothing herein shall be construed to enlarge or diminish the practice of optometry as defined by law in the Arkansas Optometry Practices Act, § 17-90-101 et seq., and, in accordance with state law, sole and complete authority regarding determination of those acts, services, procedures, and practices that constitute the practice of optometry in this state shall be vested in the State Board of Optometry. (B) This section shall specifically include, but not be limited to, authority of the State Board of Optometry to define the parameters of management and comanagement of persons licensed under the Arkansas Optometry Practices Act, § 17-90-101 et seq., in the treatment and management of postoperative and therapeutic care of the human eye.

(A) Nothing herein shall be construed to enlarge or diminish the practice of optometry as defined by law in the Arkansas Optometry Practices Act, § 17-90-101 et seq., and, in accordance with state law, sole and complete authority regarding determination of those acts, services, procedures, and practices that constitute the practice of optometry in this state shall be vested in the State Board of Optometry.

(B) This section shall specifically include, but not be limited to, authority of the State Board of Optometry to define the parameters of management and comanagement of persons licensed under the Arkansas Optometry Practices Act, § 17-90-101 et seq., in the treatment and management of postoperative and therapeutic care of the human eye.

(4) The provisions of this subsection shall not apply to any policy, contract, plan, or agreement until persons licensed under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., become entitled to reimbursement for services by the insurer in the vision or human eye field.

(5) The purpose of this subsection is to ensure that persons licensed under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., or the Arkansas Optometry Practices Act, § 17-90-101 et seq., shall be entitled to payment or reimbursement on an equal basis for service in the vision or human eye field.

(c) (1) Notwithstanding any provision of any individual or group policy of accident and health insurance or any provision of a policy, contract, plan, or agreement for hospital or medical service or indemnity, in cases in which the policy, contract, plan, or agreement provides for payment or reimbursement for any services consisting of the diagnosis, medical, mechanical, or surgical treatment of ailments of the human foot provided by persons licensed under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., the person entitled to benefits or person performing services under the policy, contract, plan, or agreement is entitled to payment or reimbursement on an equal basis for the service when the service is performed by any person licensed under the Arkansas Podiatry Practices Act, § 17-96-101 et seq. (2) No person entitled to benefits under this subsection shall be denied freedom of choice of any practitioner licensed under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., or the Arkansas Podiatry Practices Act, § 17-96-101 et seq., by any insurer or agency or employee of the insurer or by any department, agency, or employee of this state. (3) Nothing in this subsection shall be construed to enlarge or diminish the practice of podiatry as defined by law in the Arkansas Podiatry Practices Act, § 17-96-101 et seq. (4) The purpose of this subsection is to ensure that persons licensed under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., or the Arkansas Podiatry Practices Act, § 17-96-101 et seq., shall be entitled to payment or reimbursement on an equal basis for service consisting of the diagnosis, medical, mechanical, and/or surgical treatment of ailments of the human foot.

(1) Notwithstanding any provision of any individual or group policy of accident and health insurance or any provision of a policy, contract, plan, or agreement for hospital or medical service or indemnity, in cases in which the policy, contract, plan, or agreement provides for payment or reimbursement for any services consisting of the diagnosis, medical, mechanical, or surgical treatment of ailments of the human foot provided by persons licensed under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., the person entitled to benefits or person performing services under the policy, contract, plan, or agreement is entitled to payment or reimbursement on an equal basis for the service when the service is performed by any person licensed under the Arkansas Podiatry Practices Act, § 17-96-101 et seq.

(2) No person entitled to benefits under this subsection shall be denied freedom of choice of any practitioner licensed under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., or the Arkansas Podiatry Practices Act, § 17-96-101 et seq., by any insurer or agency or employee of the insurer or by any department, agency, or employee of this state.

(3) Nothing in this subsection shall be construed to enlarge or diminish the practice of podiatry as defined by law in the Arkansas Podiatry Practices Act, § 17-96-101 et seq.

(4) The purpose of this subsection is to ensure that persons licensed under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., or the Arkansas Podiatry Practices Act, § 17-96-101 et seq., shall be entitled to payment or reimbursement on an equal basis for service consisting of the diagnosis, medical, mechanical, and/or surgical treatment of ailments of the human foot.

(d) (1) Notwithstanding any provision of any individual or group policy of accident and health insurance, or any provision of a policy, contract, plan, or agreement for hospital or medical service or indemnity, in cases in which the policy, contract, plan, or agreement provides for payment or reimbursement for any services consisting of psychological evaluation, counseling, psychotherapy, or related mental health services, provided by persons licensed under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., the person entitled to benefits or persons providing services under the policy, contract, plan, or agreement are entitled to payment or reimbursement on an equal basis for the service when the service is provided by any person licensed as a psychologist under § 17-97-301 et seq. and operating within his or her area of competence. (2) No person entitled to benefits under this subsection shall be denied freedom of choice to select any practitioner licensed under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., or § 17-97-201 et seq. by any insurer or agency or employee of the insurer or by any department, agency, or employee of this state. (3) Nothing in this subsection shall be construed to enlarge or diminish the practice of psychology as defined by law in § 17-97-102 . (4) The purpose of this subsection is to ensure that persons licensed under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., or persons licensed as psychologists under § 17-97-301 et seq. shall be entitled to payment or reimbursement on an equal basis for services consisting of psychological evaluation, counseling, psychotherapy, or related mental health services.

(1) Notwithstanding any provision of any individual or group policy of accident and health insurance, or any provision of a policy, contract, plan, or agreement for hospital or medical service or indemnity, in cases in which the policy, contract, plan, or agreement provides for payment or reimbursement for any services consisting of psychological evaluation, counseling, psychotherapy, or related mental health services, provided by persons licensed under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., the person entitled to benefits or persons providing services under the policy, contract, plan, or agreement are entitled to payment or reimbursement on an equal basis for the service when the service is provided by any person licensed as a psychologist under § 17-97-301 et seq. and operating within his or her area of competence.

(2) No person entitled to benefits under this subsection shall be denied freedom of choice to select any practitioner licensed under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., or § 17-97-201 et seq. by any insurer or agency or employee of the insurer or by any department, agency, or employee of this state.

(3) Nothing in this subsection shall be construed to enlarge or diminish the practice of psychology as defined by law in § 17-97-102 .

(4) The purpose of this subsection is to ensure that persons licensed under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., or persons licensed as psychologists under § 17-97-301 et seq. shall be entitled to payment or reimbursement on an equal basis for services consisting of psychological evaluation, counseling, psychotherapy, or related mental health services.

(e) (1) Notwithstanding any provision of any accident and health insurance contract or any group accident and health insurance contract or blanket accident and health insurance contract as provided for in this section and §§ 23-79-101 - 23-79-107 , 23-79-109 - 23-79-113 , 23-79-115 - 23-79-128 , 23-79-131 - 23-79-134 , and 23-79-202 - 23-79-210 , benefits shall not be denied thereunder for any health service performed by any person licensed pursuant to the provisions of the Arkansas Dental Practice Act, § 17-82-101 et seq., if the service performed was within the lawful scope of the person's license and the contract would have provided benefits if the service had been performed by a holder of a license issued pursuant to the provisions of the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq. (2) No person entitled to benefits under this subsection shall be denied freedom of choice to select any practitioner licensed under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., or the Arkansas Dental Practice Act, § 17-82-101 et seq., by any insurer or agency or employee of the insurer or by any department, agency, or employee of this state. (3) Nothing in this subsection shall be construed to enlarge or diminish the practice of dentistry as defined by the Arkansas Dental Practice Act, § 17-82-101 et seq.

(1) Notwithstanding any provision of any accident and health insurance contract or any group accident and health insurance contract or blanket accident and health insurance contract as provided for in this section and §§ 23-79-101 - 23-79-107 , 23-79-109 - 23-79-113 , 23-79-115 - 23-79-128 , 23-79-131 - 23-79-134 , and 23-79-202 - 23-79-210 , benefits shall not be denied thereunder for any health service performed by any person licensed pursuant to the provisions of the Arkansas Dental Practice Act, § 17-82-101 et seq., if the service performed was within the lawful scope of the person's license and the contract would have provided benefits if the service had been performed by a holder of a license issued pursuant to the provisions of the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq.

(2) No person entitled to benefits under this subsection shall be denied freedom of choice to select any practitioner licensed under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., or the Arkansas Dental Practice Act, § 17-82-101 et seq., by any insurer or agency or employee of the insurer or by any department, agency, or employee of this state.

(3) Nothing in this subsection shall be construed to enlarge or diminish the practice of dentistry as defined by the Arkansas Dental Practice Act, § 17-82-101 et seq.

(f) (1) Notwithstanding any provision of any individual or group policy of accident and health insurance, or any provision of a policy, contract, plan, or agreement for hospital or medical service or indemnity, in cases in which the policy, contract, plan, or agreement provides for payment or reimbursement for any anesthesia services provided by persons licensed under the Arkansas Medical Practices Act, § 17-95- 201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., the person entitled to benefits or the persons providing services under the policy, contract, plan, or agreement are entitled to the same method of payment for the service when the service is provided by any person licensed as a certified registered nurse anesthetist and operating within his or her area of competence. (2) No person entitled to benefits under this subsection shall be denied freedom of choice to select any practitioner licensed under § 17-87-302 by any insurer or agency or employee of the insurer or by any department, agency, or employee of this state. (3) Nothing in this subsection shall be construed to enlarge or diminish the practice of certified registered nurse anesthetists under § 17-87-302 . (4) The purpose of this subsection is to ensure that persons licensed under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., or persons licensed as certified registered nurse anesthetists under § 17-87-302 shall be entitled to the same method of payment for anesthesia services.

(1) Notwithstanding any provision of any individual or group policy of accident and health insurance, or any provision of a policy, contract, plan, or agreement for hospital or medical service or indemnity, in cases in which the policy, contract, plan, or agreement provides for payment or reimbursement for any anesthesia services provided by persons licensed under the Arkansas Medical Practices Act, § 17-95- 201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., the person entitled to benefits or the persons providing services under the policy, contract, plan, or agreement are entitled to the same method of payment for the service when the service is provided by any person licensed as a certified registered nurse anesthetist and operating within his or her area of competence.

(2) No person entitled to benefits under this subsection shall be denied freedom of choice to select any practitioner licensed under § 17-87-302 by any insurer or agency or employee of the insurer or by any department, agency, or employee of this state.

(3) Nothing in this subsection shall be construed to enlarge or diminish the practice of certified registered nurse anesthetists under § 17-87-302 .

(4) The purpose of this subsection is to ensure that persons licensed under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., or persons licensed as certified registered nurse anesthetists under § 17-87-302 shall be entitled to the same method of payment for anesthesia services.

(g) (1) Notwithstanding any provision of any individual or group policy of accident and health insurance or any provision of a policy, contract, plan, or agreement for hospital or medical service or indemnity, whenever the policy, contract, plan, or agreement provides for payment or reimbursement for any service in the audiology field provided by persons licensed as audiologists under the Licensure Act of Speech-Language Pathologists and Audiologists, § 17-100-101 et seq., the person entitled to benefits or the person performing services under the policy, contract, plan, or agreement is entitled to payment or reimbursement on an equal basis for the service when the service is performed by any person licensed as an audiologist under the Licensure Act of Speech-Language Pathologists and Audiologists, § 17-100-101 et seq. (2) No person entitled to benefits under this subsection shall be denied his or her freedom of choice of any practitioner licensed under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., or the Licensure Act of Speech-Language Pathologists and Audiologists, § 17-100-101 et seq., by any insurer or agent or employee of the insurer or by any department, agency, or employee of this state. (3) (A) Nothing in this subsection shall be construed to enlarge or diminish the practice of audiology as defined under § 17-100-103 . (B) Under state law, sole and complete authority regarding determination of those acts, services, procedures, and practices that may be reimbursed on an equal basis shall be vested in the Board of Examiners in Speech-Language Pathology and Audiology. (C) This section shall specifically include, but not be limited to, the authority of the board to define the parameters of management and comanagement of persons licensed under the Licensure Act of Speech-Language Pathologists and Audiologists, § 17-100-101 et seq., in the treatment and management of hearing and disorders of hearing. (4) The purpose of this subsection is to ensure that persons licensed under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., or the Licensure Act of Speech-Language Pathologists and Audiologists, § 17-100-101 et seq., shall be entitled to payment or reimbursement on an equal basis for service in the audiology field. (5) The failure to comply with any provision in this subsection shall be deemed an unfair trade practice under the Trade Practices Act, § 23-66-201 et seq., and may be punished by fines and penalties established under §§ 23-60-108 , 23-66-210 , and 23-66-215 .

(1) Notwithstanding any provision of any individual or group policy of accident and health insurance or any provision of a policy, contract, plan, or agreement for hospital or medical service or indemnity, whenever the policy, contract, plan, or agreement provides for payment or reimbursement for any service in the audiology field provided by persons licensed as audiologists under the Licensure Act of Speech-Language Pathologists and Audiologists, § 17-100-101 et seq., the person entitled to benefits or the person performing services under the policy, contract, plan, or agreement is entitled to payment or reimbursement on an equal basis for the service when the service is performed by any person licensed as an audiologist under the Licensure Act of Speech-Language Pathologists and Audiologists, § 17-100-101 et seq.

(2) No person entitled to benefits under this subsection shall be denied his or her freedom of choice of any practitioner licensed under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., or the Licensure Act of Speech-Language Pathologists and Audiologists, § 17-100-101 et seq., by any insurer or agent or employee of the insurer or by any department, agency, or employee of this state.

(3) (A) Nothing in this subsection shall be construed to enlarge or diminish the practice of audiology as defined under § 17-100-103 . (B) Under state law, sole and complete authority regarding determination of those acts, services, procedures, and practices that may be reimbursed on an equal basis shall be vested in the Board of Examiners in Speech-Language Pathology and Audiology. (C) This section shall specifically include, but not be limited to, the authority of the board to define the parameters of management and comanagement of persons licensed under the Licensure Act of Speech-Language Pathologists and Audiologists, § 17-100-101 et seq., in the treatment and management of hearing and disorders of hearing.

(A) Nothing in this subsection shall be construed to enlarge or diminish the practice of audiology as defined under § 17-100-103 .

(B) Under state law, sole and complete authority regarding determination of those acts, services, procedures, and practices that may be reimbursed on an equal basis shall be vested in the Board of Examiners in Speech-Language Pathology and Audiology.

(C) This section shall specifically include, but not be limited to, the authority of the board to define the parameters of management and comanagement of persons licensed under the Licensure Act of Speech-Language Pathologists and Audiologists, § 17-100-101 et seq., in the treatment and management of hearing and disorders of hearing.

(4) The purpose of this subsection is to ensure that persons licensed under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., or the Licensure Act of Speech-Language Pathologists and Audiologists, § 17-100-101 et seq., shall be entitled to payment or reimbursement on an equal basis for service in the audiology field.

(5) The failure to comply with any provision in this subsection shall be deemed an unfair trade practice under the Trade Practices Act, § 23-66-201 et seq., and may be punished by fines and penalties established under §§ 23-60-108 , 23-66-210 , and 23-66-215 .

Acts 1959, No. 148, § 279; 1971, No. 34, §§ 1-3; 1971, No. 531, §§ 1-5; 1975, No. 303, §§ 1-4; 1975, No. 741, §§ 1-4; 1981, No. 196, §§ 1-3; A.S.A. 1947, §§ 66-3212, 66-3212n, 66-3212.2 -- 66-3212.9, 66-3212.2n, 66-3212.3n, 66-3212.5n, 66-3212.7n; Acts 1993, No. 577, § 1; 1993, No. 1271, § 1; 2001, No. 1604, § 92; 2003, No. 1455, § 2; 2005, No. 1995, § 1.
Ark. Code Ann. § 23-115-402 — AR Code / Title 23 / Chapter 115 / Subchapter 4 / Section 23-115-402
Restriction on sales - Definition
Status: in_force

(a) (1) Unless authorized to do so in writing by the Director of the Office of the Arkansas Lottery, a person shall not sell a ticket or share at a price other than the price established by the Office of the Arkansas Lottery. (2) (A) Only a retailer holding a valid certificate of authority from the office shall sell a ticket. (B) This subsection does not prevent an individual who may lawfully purchase a ticket or share from making a gift of the ticket or share to another individual. (b) This chapter does not prohibit the office from designating certain of its agents and employees to sell or give tickets or shares directly to the public. (c) Subject to prior approval by the office, retailers may give away tickets or shares as a means of promoting goods or services to customers or prospective customers. (d) A retailer shall not sell a ticket or share except from the locations evidenced by the retailer's license issued by the office unless the office authorizes in writing any temporary location not listed in the retailer's license. (e) (1) A ticket or share shall not be sold or given to an individual under eighteen (18) years of age. (2) An individual under eighteen (18) years of age is not eligible to win a lottery prize. (f) An individual is not eligible to win a lottery prize while the individual is incarcerated in: (1) The Division of Correction; (2) The Division of Community Correction; or (3) A county or municipal jail or detention facility. (g) (1) A ticket or share shall not be sold by use of in-store credit, credit cards, charge cards, checks, or any form of deferred payment. (2) (A) A retailer may choose whether to accept as a form of payment: (i) Cash; or (ii) Noncash, noncredit methods of payment, including without limitation debit cards or other electronic transfer of funds of the consumer to the retailer. (B) A retailer that chooses to accept noncash, noncredit methods of payment is responsible for any costs, fees, or charge-backs that may be incurred with the noncash, noncredit transaction. (3) As used in this subsection, "debit card" means any card issued by a financial institution to a consumer for use in initiating an electronic fund transfer from the account of the consumer at the financial institution for the purpose of transferring money between accounts or obtaining money, property, labor, or services. Amended by Act 2019, No. 910,§ 1018, eff. 7/1/2019. Amended by Act 2017, No. 876,§ 2, eff. 8/1/2017. Amended by Act 2015, No. 218,§ 25, eff. 2/26/2015. Acts 2009, No. 605, § 1; 2009, No. 606, § 1.

(a) (1) Unless authorized to do so in writing by the Director of the Office of the Arkansas Lottery, a person shall not sell a ticket or share at a price other than the price established by the Office of the Arkansas Lottery. (2) (A) Only a retailer holding a valid certificate of authority from the office shall sell a ticket. (B) This subsection does not prevent an individual who may lawfully purchase a ticket or share from making a gift of the ticket or share to another individual.

(1) Unless authorized to do so in writing by the Director of the Office of the Arkansas Lottery, a person shall not sell a ticket or share at a price other than the price established by the Office of the Arkansas Lottery.

(2) (A) Only a retailer holding a valid certificate of authority from the office shall sell a ticket. (B) This subsection does not prevent an individual who may lawfully purchase a ticket or share from making a gift of the ticket or share to another individual.

(A) Only a retailer holding a valid certificate of authority from the office shall sell a ticket.

(B) This subsection does not prevent an individual who may lawfully purchase a ticket or share from making a gift of the ticket or share to another individual.

(b) This chapter does not prohibit the office from designating certain of its agents and employees to sell or give tickets or shares directly to the public.

(c) Subject to prior approval by the office, retailers may give away tickets or shares as a means of promoting goods or services to customers or prospective customers.

(d) A retailer shall not sell a ticket or share except from the locations evidenced by the retailer's license issued by the office unless the office authorizes in writing any temporary location not listed in the retailer's license.

(e) (1) A ticket or share shall not be sold or given to an individual under eighteen (18) years of age. (2) An individual under eighteen (18) years of age is not eligible to win a lottery prize.

(1) A ticket or share shall not be sold or given to an individual under eighteen (18) years of age.

(2) An individual under eighteen (18) years of age is not eligible to win a lottery prize.

(f) An individual is not eligible to win a lottery prize while the individual is incarcerated in: (1) The Division of Correction; (2) The Division of Community Correction; or (3) A county or municipal jail or detention facility.

(1) The Division of Correction;

(2) The Division of Community Correction; or

(3) A county or municipal jail or detention facility.

(g) (1) A ticket or share shall not be sold by use of in-store credit, credit cards, charge cards, checks, or any form of deferred payment. (2) (A) A retailer may choose whether to accept as a form of payment: (i) Cash; or (ii) Noncash, noncredit methods of payment, including without limitation debit cards or other electronic transfer of funds of the consumer to the retailer. (B) A retailer that chooses to accept noncash, noncredit methods of payment is responsible for any costs, fees, or charge-backs that may be incurred with the noncash, noncredit transaction. (3) As used in this subsection, "debit card" means any card issued by a financial institution to a consumer for use in initiating an electronic fund transfer from the account of the consumer at the financial institution for the purpose of transferring money between accounts or obtaining money, property, labor, or services.

(1) A ticket or share shall not be sold by use of in-store credit, credit cards, charge cards, checks, or any form of deferred payment.

(2) (A) A retailer may choose whether to accept as a form of payment: (i) Cash; or (ii) Noncash, noncredit methods of payment, including without limitation debit cards or other electronic transfer of funds of the consumer to the retailer. (B) A retailer that chooses to accept noncash, noncredit methods of payment is responsible for any costs, fees, or charge-backs that may be incurred with the noncash, noncredit transaction.

(A) A retailer may choose whether to accept as a form of payment: (i) Cash; or (ii) Noncash, noncredit methods of payment, including without limitation debit cards or other electronic transfer of funds of the consumer to the retailer.

(i) Cash; or

(ii) Noncash, noncredit methods of payment, including without limitation debit cards or other electronic transfer of funds of the consumer to the retailer.

(B) A retailer that chooses to accept noncash, noncredit methods of payment is responsible for any costs, fees, or charge-backs that may be incurred with the noncash, noncredit transaction.

(3) As used in this subsection, "debit card" means any card issued by a financial institution to a consumer for use in initiating an electronic fund transfer from the account of the consumer at the financial institution for the purpose of transferring money between accounts or obtaining money, property, labor, or services.

Amended by Act 2019, No. 910,§ 1018, eff. 7/1/2019.

Amended by Act 2017, No. 876,§ 2, eff. 8/1/2017.

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

Acts 2009, No. 605, § 1; 2009, No. 606, § 1.
Ark. Code Ann. § 23-12-1007 — AR Code / Title 23 / Chapter 12 / Subchapter 10 / Section 23-12-1007
Investigations - Rules
Status: in_force

(a) (1) The State Highway Commission shall make such investigations as it deems necessary, or as requested by state, municipal, or county officials, to properly exercise the exclusive jurisdiction hereby conferred and pursuant to required notice and hearing shall promulgate all necessary orders or rules concerning train operation, train movement, permissible standing time for trains, and all other related matters. (2) The investigation of crossings shall include, but is not limited to, the reasonable availability or use of other crossings by vehicular or pedestrian traffic, the frequency and necessity of use of the railroad crossing by railroad trains and vehicular and pedestrian traffic, the restriction of emergency and law enforcement vehicles using the crossing, and the hours of frequent use of the crossing. (3) In the investigation, the commission shall seek the advice of Arkansas counties, municipalities, railroads operating within this state, and unions representing railroad employees. (b) Provided, unless and until the commission by order or rule provides otherwise, it is unlawful for any corporation, company, or person owning or operating any railroad trains in the state to permit a standing train to obstruct any public highway, road, street, or other railroad crossing for more than ten (10) minutes. Amended by Act 2019, No. 315,§ 2414, eff. 7/24/2019. Acts 1993, No. 726, § 4.

(a) (1) The State Highway Commission shall make such investigations as it deems necessary, or as requested by state, municipal, or county officials, to properly exercise the exclusive jurisdiction hereby conferred and pursuant to required notice and hearing shall promulgate all necessary orders or rules concerning train operation, train movement, permissible standing time for trains, and all other related matters. (2) The investigation of crossings shall include, but is not limited to, the reasonable availability or use of other crossings by vehicular or pedestrian traffic, the frequency and necessity of use of the railroad crossing by railroad trains and vehicular and pedestrian traffic, the restriction of emergency and law enforcement vehicles using the crossing, and the hours of frequent use of the crossing. (3) In the investigation, the commission shall seek the advice of Arkansas counties, municipalities, railroads operating within this state, and unions representing railroad employees.

(1) The State Highway Commission shall make such investigations as it deems necessary, or as requested by state, municipal, or county officials, to properly exercise the exclusive jurisdiction hereby conferred and pursuant to required notice and hearing shall promulgate all necessary orders or rules concerning train operation, train movement, permissible standing time for trains, and all other related matters.

(2) The investigation of crossings shall include, but is not limited to, the reasonable availability or use of other crossings by vehicular or pedestrian traffic, the frequency and necessity of use of the railroad crossing by railroad trains and vehicular and pedestrian traffic, the restriction of emergency and law enforcement vehicles using the crossing, and the hours of frequent use of the crossing.

(3) In the investigation, the commission shall seek the advice of Arkansas counties, municipalities, railroads operating within this state, and unions representing railroad employees.

(b) Provided, unless and until the commission by order or rule provides otherwise, it is unlawful for any corporation, company, or person owning or operating any railroad trains in the state to permit a standing train to obstruct any public highway, road, street, or other railroad crossing for more than ten (10) minutes.

Amended by Act 2019, No. 315,§ 2414, eff. 7/24/2019.

Acts 1993, No. 726, § 4.
Ark. Code Ann. § 23-42-301 — AR Code / Title 23 / Chapter 42 / Subchapter 3 / Section 23-42-301
Registration required - Unlawful acts - Supervision requirements
Status: in_force

(a) It is unlawful for a person to transact business in this state as a broker-dealer or agent unless he or she is registered under this chapter. (b) (1) It is unlawful for a registered broker-dealer or issuer to employ an unregistered agent except a nonresident agent who is registered by any other state securities administrator and who effects transactions in this state exclusively with registered broker-dealers. (2) The registration of an agent is not effective during a period when he or she is not associated with a particular: (A) Broker-dealer registered under this chapter; or (B) Issuer. (3) (A) A broker-dealer or issuer shall notify promptly the Securities Commissioner or the commissioner's designee if an agent begins or terminates: (i) An association with a broker-dealer or issuer; or (ii) The activities that make him or her an agent of the broker-dealer or issuer. (B) If an agent terminates or withdraws his or her registration with a broker-dealer or issuer, a subsequent application by the agent for registration is treated as: (i) An initial registration; and (ii) A notification by the agent of termination or withdrawal of the previous registration or application. (4) [Repealed.] (c) It is unlawful for a person to transact business in this state as an investment adviser or investment adviser representative without first being registered under this chapter unless the person: (1) Is registered as an investment adviser with the United States Securities and Exchange Commission under section 203 of the Investment Advisers Act of 1940, 15 U.S.C. § 80b-1 et seq., as it existed on January 1, 2013, and has filed with the commissioner or the commissioner's designee a notice filing consisting of: (A) A copy of documents on file with the United States Securities and Exchange Commission that the commissioner may by rule or order prescribe; and (B) The fee set forth in § 23-42-304(a)(3) ; (2) Is not registered as an investment adviser with the United States Securities and Exchange Commission under section 203 of the Investment Advisers Act of 1940, 15 U.S.C. § 80b-1 et seq., as it existed on January 1, 2013, because the person is not an investment adviser under section 202(a)(11) of the Investment Advisers Act of 1940, 15 U.S.C. § 80b-1 et seq., as it existed on January 1, 2013; (3) Is a "representative" of an investment adviser registered with the United States Securities and Exchange Commission under section 203 of the Investment Advisers Act of 1940, 15 U.S.C. § 80b-1 et seq., as it existed on January 1, 2013, and has no place of business located in this state; or (4) Is a supervised person of an investment adviser registered with the United States Securities and Exchange Commission, but is not an investment adviser representative as defined by Rule 203A-3 of the rules and regulations of the Investment Advisers Act of 1940, 17 C.F.R. § 275 , as they existed on January 1, 2013. (d) (1) A notice filing required by subdivision (c)(1) of this section becomes effective upon receipt by the commissioner or the commissioner's designee of the notice filing, consent to service of process, and the appropriate fee. (2) (A) The registration and notice filing required by subdivision (c)(1) of this section expires December 31 of each year unless renewed. (B) Effective upon the commissioner's receipt of notification, an investment adviser may terminate the investment adviser's notice filing under subdivision (c)(1) of this section by providing the commissioner notification of the termination. (e) A broker-dealer or investment adviser shall not conduct business from a branch office within this state unless the branch office is registered under this chapter. (f) (1) A broker-dealer shall establish, maintain, and enforce a system to supervise the activities of its agents and employees that is reasonably designed to achieve compliance with this chapter, the rules and orders of the commissioner, all other applicable state and federal securities laws, and the rules of self-regulatory organizations. (2) A broker-dealer's supervisory system shall include without limitation the: (A) Establishment and maintenance of written procedures designed to achieve compliance with subdivision (f)(1) of this section; and (B) Appointment of at least one (1) agent of the broker-dealer, who is registered in Arkansas and meets the qualifications and performs the supervisory responsibilities of the broker-dealer for activities in this state under rules established by the commissioner. (g) (1) An investment adviser shall establish, maintain, and enforce a system to supervise the activities of its representatives and employees that is reasonably designed to achieve compliance with this chapter, the rules and orders of the commissioner, all other applicable state and federal securities laws, and the rules of self-regulatory organizations. (2) An investment adviser's supervisory system shall include without limitation the: (A) Establishment and maintenance of written procedures designed to achieve compliance with subdivision (g)(1) of this section; and (B) Appointment of at least one (1) representative of the investment adviser, who is registered in Arkansas and meets the qualifications and performs the supervisory responsibilities of the investment adviser for activities in this state under rules established by the commissioner. (h) The commissioner may by rule establish concurrent registration with a broker-dealer, issuer, or investment adviser or any combination of broker-dealers, issuers, and investment advisers. Amended by Act 2013, No. 460,§ 10, eff. 8/16/2013. Amended by Act 2013, No. 460,§ 9, eff. 8/16/2013. Amended by Act 2013, No. 460,§ 8, eff. 8/16/2013. Amended by Act 2013, No. 460,§ 7, eff. 8/16/2013. Amended by Act 2013, No. 460,§ 6, eff. 8/16/2013. Acts 1959, No. 254, § 3; 1961, No. 248, § 1; 1973, No. 47, §§ 1, 2; 1975, No. 844, §§ 1, 5; 1977, No. 493, § 1; 1977, No. 806, § 24A; 1983, No. 836, §§ 1-4; 1985, No. 939, § 1; A.S.A. 1947, § 67-1237; Acts 1995, No. 845, § 11; 1995 (1st Ex. Sess.), No. 14, § 1; 1997, No. 173, § 11; 2009, No. 462, § 8; 2009, No. 534, § 4; 2011, No. 338, § 2.

(a) It is unlawful for a person to transact business in this state as a broker-dealer or agent unless he or she is registered under this chapter.

(b) (1) It is unlawful for a registered broker-dealer or issuer to employ an unregistered agent except a nonresident agent who is registered by any other state securities administrator and who effects transactions in this state exclusively with registered broker-dealers. (2) The registration of an agent is not effective during a period when he or she is not associated with a particular: (A) Broker-dealer registered under this chapter; or (B) Issuer. (3) (A) A broker-dealer or issuer shall notify promptly the Securities Commissioner or the commissioner's designee if an agent begins or terminates: (i) An association with a broker-dealer or issuer; or (ii) The activities that make him or her an agent of the broker-dealer or issuer. (B) If an agent terminates or withdraws his or her registration with a broker-dealer or issuer, a subsequent application by the agent for registration is treated as: (i) An initial registration; and (ii) A notification by the agent of termination or withdrawal of the previous registration or application. (4) [Repealed.]

(1) It is unlawful for a registered broker-dealer or issuer to employ an unregistered agent except a nonresident agent who is registered by any other state securities administrator and who effects transactions in this state exclusively with registered broker-dealers.

(2) The registration of an agent is not effective during a period when he or she is not associated with a particular: (A) Broker-dealer registered under this chapter; or (B) Issuer.

(A) Broker-dealer registered under this chapter; or

(B) Issuer.

(3) (A) A broker-dealer or issuer shall notify promptly the Securities Commissioner or the commissioner's designee if an agent begins or terminates: (i) An association with a broker-dealer or issuer; or (ii) The activities that make him or her an agent of the broker-dealer or issuer. (B) If an agent terminates or withdraws his or her registration with a broker-dealer or issuer, a subsequent application by the agent for registration is treated as: (i) An initial registration; and (ii) A notification by the agent of termination or withdrawal of the previous registration or application.

(A) A broker-dealer or issuer shall notify promptly the Securities Commissioner or the commissioner's designee if an agent begins or terminates: (i) An association with a broker-dealer or issuer; or (ii) The activities that make him or her an agent of the broker-dealer or issuer.

(i) An association with a broker-dealer or issuer; or

(ii) The activities that make him or her an agent of the broker-dealer or issuer.

(B) If an agent terminates or withdraws his or her registration with a broker-dealer or issuer, a subsequent application by the agent for registration is treated as: (i) An initial registration; and (ii) A notification by the agent of termination or withdrawal of the previous registration or application.

(i) An initial registration; and

(ii) A notification by the agent of termination or withdrawal of the previous registration or application.

(4) [Repealed.]

(c) It is unlawful for a person to transact business in this state as an investment adviser or investment adviser representative without first being registered under this chapter unless the person: (1) Is registered as an investment adviser with the United States Securities and Exchange Commission under section 203 of the Investment Advisers Act of 1940, 15 U.S.C. § 80b-1 et seq., as it existed on January 1, 2013, and has filed with the commissioner or the commissioner's designee a notice filing consisting of: (A) A copy of documents on file with the United States Securities and Exchange Commission that the commissioner may by rule or order prescribe; and (B) The fee set forth in § 23-42-304(a)(3) ; (2) Is not registered as an investment adviser with the United States Securities and Exchange Commission under section 203 of the Investment Advisers Act of 1940, 15 U.S.C. § 80b-1 et seq., as it existed on January 1, 2013, because the person is not an investment adviser under section 202(a)(11) of the Investment Advisers Act of 1940, 15 U.S.C. § 80b-1 et seq., as it existed on January 1, 2013; (3) Is a "representative" of an investment adviser registered with the United States Securities and Exchange Commission under section 203 of the Investment Advisers Act of 1940, 15 U.S.C. § 80b-1 et seq., as it existed on January 1, 2013, and has no place of business located in this state; or (4) Is a supervised person of an investment adviser registered with the United States Securities and Exchange Commission, but is not an investment adviser representative as defined by Rule 203A-3 of the rules and regulations of the Investment Advisers Act of 1940, 17 C.F.R. § 275 , as they existed on January 1, 2013.

(1) Is registered as an investment adviser with the United States Securities and Exchange Commission under section 203 of the Investment Advisers Act of 1940, 15 U.S.C. § 80b-1 et seq., as it existed on January 1, 2013, and has filed with the commissioner or the commissioner's designee a notice filing consisting of: (A) A copy of documents on file with the United States Securities and Exchange Commission that the commissioner may by rule or order prescribe; and (B) The fee set forth in § 23-42-304(a)(3) ;

(A) A copy of documents on file with the United States Securities and Exchange Commission that the commissioner may by rule or order prescribe; and

(B) The fee set forth in § 23-42-304(a)(3) ;

(2) Is not registered as an investment adviser with the United States Securities and Exchange Commission under section 203 of the Investment Advisers Act of 1940, 15 U.S.C. § 80b-1 et seq., as it existed on January 1, 2013, because the person is not an investment adviser under section 202(a)(11) of the Investment Advisers Act of 1940, 15 U.S.C. § 80b-1 et seq., as it existed on January 1, 2013;

(3) Is a "representative" of an investment adviser registered with the United States Securities and Exchange Commission under section 203 of the Investment Advisers Act of 1940, 15 U.S.C. § 80b-1 et seq., as it existed on January 1, 2013, and has no place of business located in this state; or

(4) Is a supervised person of an investment adviser registered with the United States Securities and Exchange Commission, but is not an investment adviser representative as defined by Rule 203A-3 of the rules and regulations of the Investment Advisers Act of 1940, 17 C.F.R. § 275 , as they existed on January 1, 2013.

(d) (1) A notice filing required by subdivision (c)(1) of this section becomes effective upon receipt by the commissioner or the commissioner's designee of the notice filing, consent to service of process, and the appropriate fee. (2) (A) The registration and notice filing required by subdivision (c)(1) of this section expires December 31 of each year unless renewed. (B) Effective upon the commissioner's receipt of notification, an investment adviser may terminate the investment adviser's notice filing under subdivision (c)(1) of this section by providing the commissioner notification of the termination.

(1) A notice filing required by subdivision (c)(1) of this section becomes effective upon receipt by the commissioner or the commissioner's designee of the notice filing, consent to service of process, and the appropriate fee.

(2) (A) The registration and notice filing required by subdivision (c)(1) of this section expires December 31 of each year unless renewed. (B) Effective upon the commissioner's receipt of notification, an investment adviser may terminate the investment adviser's notice filing under subdivision (c)(1) of this section by providing the commissioner notification of the termination.

(A) The registration and notice filing required by subdivision (c)(1) of this section expires December 31 of each year unless renewed.

(B) Effective upon the commissioner's receipt of notification, an investment adviser may terminate the investment adviser's notice filing under subdivision (c)(1) of this section by providing the commissioner notification of the termination.

(e) A broker-dealer or investment adviser shall not conduct business from a branch office within this state unless the branch office is registered under this chapter.

(f) (1) A broker-dealer shall establish, maintain, and enforce a system to supervise the activities of its agents and employees that is reasonably designed to achieve compliance with this chapter, the rules and orders of the commissioner, all other applicable state and federal securities laws, and the rules of self-regulatory organizations. (2) A broker-dealer's supervisory system shall include without limitation the: (A) Establishment and maintenance of written procedures designed to achieve compliance with subdivision (f)(1) of this section; and (B) Appointment of at least one (1) agent of the broker-dealer, who is registered in Arkansas and meets the qualifications and performs the supervisory responsibilities of the broker-dealer for activities in this state under rules established by the commissioner.

(1) A broker-dealer shall establish, maintain, and enforce a system to supervise the activities of its agents and employees that is reasonably designed to achieve compliance with this chapter, the rules and orders of the commissioner, all other applicable state and federal securities laws, and the rules of self-regulatory organizations.

(2) A broker-dealer's supervisory system shall include without limitation the: (A) Establishment and maintenance of written procedures designed to achieve compliance with subdivision (f)(1) of this section; and (B) Appointment of at least one (1) agent of the broker-dealer, who is registered in Arkansas and meets the qualifications and performs the supervisory responsibilities of the broker-dealer for activities in this state under rules established by the commissioner.

(A) Establishment and maintenance of written procedures designed to achieve compliance with subdivision (f)(1) of this section; and

(B) Appointment of at least one (1) agent of the broker-dealer, who is registered in Arkansas and meets the qualifications and performs the supervisory responsibilities of the broker-dealer for activities in this state under rules established by the commissioner.

(g) (1) An investment adviser shall establish, maintain, and enforce a system to supervise the activities of its representatives and employees that is reasonably designed to achieve compliance with this chapter, the rules and orders of the commissioner, all other applicable state and federal securities laws, and the rules of self-regulatory organizations. (2) An investment adviser's supervisory system shall include without limitation the: (A) Establishment and maintenance of written procedures designed to achieve compliance with subdivision (g)(1) of this section; and (B) Appointment of at least one (1) representative of the investment adviser, who is registered in Arkansas and meets the qualifications and performs the supervisory responsibilities of the investment adviser for activities in this state under rules established by the commissioner.

(1) An investment adviser shall establish, maintain, and enforce a system to supervise the activities of its representatives and employees that is reasonably designed to achieve compliance with this chapter, the rules and orders of the commissioner, all other applicable state and federal securities laws, and the rules of self-regulatory organizations.

(2) An investment adviser's supervisory system shall include without limitation the: (A) Establishment and maintenance of written procedures designed to achieve compliance with subdivision (g)(1) of this section; and (B) Appointment of at least one (1) representative of the investment adviser, who is registered in Arkansas and meets the qualifications and performs the supervisory responsibilities of the investment adviser for activities in this state under rules established by the commissioner.

(A) Establishment and maintenance of written procedures designed to achieve compliance with subdivision (g)(1) of this section; and

(B) Appointment of at least one (1) representative of the investment adviser, who is registered in Arkansas and meets the qualifications and performs the supervisory responsibilities of the investment adviser for activities in this state under rules established by the commissioner.

(h) The commissioner may by rule establish concurrent registration with a broker-dealer, issuer, or investment adviser or any combination of broker-dealers, issuers, and investment advisers.

Amended by Act 2013, No. 460,§ 10, eff. 8/16/2013.

Amended by Act 2013, No. 460,§ 9, eff. 8/16/2013.

Amended by Act 2013, No. 460,§ 8, eff. 8/16/2013.

Amended by Act 2013, No. 460,§ 7, eff. 8/16/2013.

Amended by Act 2013, No. 460,§ 6, eff. 8/16/2013.

Acts 1959, No. 254, § 3; 1961, No. 248, § 1; 1973, No. 47, §§ 1, 2; 1975, No. 844, §§ 1, 5; 1977, No. 493, § 1; 1977, No. 806, § 24A; 1983, No. 836, §§ 1-4; 1985, No. 939, § 1; A.S.A. 1947, § 67-1237; Acts 1995, No. 845, § 11; 1995 (1st Ex. Sess.), No. 14, § 1; 1997, No. 173, § 11; 2009, No. 462, § 8; 2009, No. 534, § 4; 2011, No. 338, § 2.
Ark. Code Ann. § 23-46-201 — AR Code / Title 23 / Chapter 46 / Subchapter 2 / Section 23-46-201
Creation of State Bank Department
Status: in_force

There is created and established, at the seat of government of this state, a department to be known as the "State Bank Department". The State Bank Department shall be a division of the Department of Commerce. Amended by Act 2019, No. 910,§ 578, eff. 7/1/2019. Acts 1997, No. 89, § 1.

There is created and established, at the seat of government of this state, a department to be known as the "State Bank Department". The State Bank Department shall be a division of the Department of Commerce.

Amended by Act 2019, No. 910,§ 578, eff. 7/1/2019.

Acts 1997, No. 89, § 1.
Ark. Code Ann. § 23-63-822 — AR Code / Title 23 / Chapter 63 / Subchapter 8 / Section 23-63-822
Collateral loans
Status: in_force

(a) An insurer may lend and invest its funds upon the pledge of securities eligible for investment under this subchapter. (b) As at date made, no loan shall exceed in amount ninety percent (90%) of the market value of such collateral pledged. (c) The amount so loaned shall be included pro rata in determining the maximum percentage of funds permitted under this subchapter to be invested in the respective categories of securities so pledged. Acts 1959, No. 148, § 118; A.S.A. 1947, § 66-2622; Acts 1993, No. 527, § 10.

(a) An insurer may lend and invest its funds upon the pledge of securities eligible for investment under this subchapter.

(b) As at date made, no loan shall exceed in amount ninety percent (90%) of the market value of such collateral pledged.

(c) The amount so loaned shall be included pro rata in determining the maximum percentage of funds permitted under this subchapter to be invested in the respective categories of securities so pledged.

Acts 1959, No. 148, § 118; A.S.A. 1947, § 66-2622; Acts 1993, No. 527, § 10.
Ark. Code Ann. § 23-69-117 — AR Code / Title 23 / Chapter 69 / Subchapter 1 / Section 23-69-117
Additional kinds of insurance - Mutual insurers
Status: in_force

A domestic mutual insurer, after being authorized to transact one (1) kind of insurance, may be authorized by the Insurance Commissioner to transact such additional kinds of insurance as are permitted under § 23-63-204 , while otherwise in compliance with the Arkansas Insurance Code and while maintaining unimpaired surplus funds in an amount not less than the amount of paid-in capital stock required of a domestic stock insurer transacting like kinds of insurance, subject further to the additional expendable surplus requirements of § 23-63-207 applicable to such a stock insurer. Acts 1959, No. 148, § 467; A.S.A. 1947, § 66-4215.

A domestic mutual insurer, after being authorized to transact one (1) kind of insurance, may be authorized by the Insurance Commissioner to transact such additional kinds of insurance as are permitted under § 23-63-204 , while otherwise in compliance with the Arkansas Insurance Code and while maintaining unimpaired surplus funds in an amount not less than the amount of paid-in capital stock required of a domestic stock insurer transacting like kinds of insurance, subject further to the additional expendable surplus requirements of § 23-63-207 applicable to such a stock insurer.

Acts 1959, No. 148, § 467; A.S.A. 1947, § 66-4215.
Ark. Code Ann. § 23-17-221 — AR Code / Title 23 / Chapter 17 / Subchapter 2 / Section 23-17-221
Officers, agents, and employees
Status: in_force

(a) (1) (A) The board of directors shall elect a president, a vice president, a secretary, and a treasurer, and one (1) person may be elected to the office of secretary-treasurer. (B) The board of directors may elect such other officers as it deems necessary. (2) The powers, duties, and terms of office of the foregoing officers shall be provided for in the bylaws. (b) The board of directors may appoint such other officers, agents, and employees as it deems necessary and fix their powers, duties, and compensation. (c) Any officer, agent, or employee elected or appointed by the board of directors subject to any contracts validly entered into by the cooperative may be removed by it whenever, in its judgment, the best interests of the cooperative will be served. Acts 1951, No. 51, § 25; A.S.A. 1947, § 77-1625; Acts 1989, No. 437, § 14; 1993, No. 327, § 1.

(a) (1) (A) The board of directors shall elect a president, a vice president, a secretary, and a treasurer, and one (1) person may be elected to the office of secretary-treasurer. (B) The board of directors may elect such other officers as it deems necessary. (2) The powers, duties, and terms of office of the foregoing officers shall be provided for in the bylaws.

(1) (A) The board of directors shall elect a president, a vice president, a secretary, and a treasurer, and one (1) person may be elected to the office of secretary-treasurer. (B) The board of directors may elect such other officers as it deems necessary.

(A) The board of directors shall elect a president, a vice president, a secretary, and a treasurer, and one (1) person may be elected to the office of secretary-treasurer.

(B) The board of directors may elect such other officers as it deems necessary.

(2) The powers, duties, and terms of office of the foregoing officers shall be provided for in the bylaws.

(b) The board of directors may appoint such other officers, agents, and employees as it deems necessary and fix their powers, duties, and compensation.

(c) Any officer, agent, or employee elected or appointed by the board of directors subject to any contracts validly entered into by the cooperative may be removed by it whenever, in its judgment, the best interests of the cooperative will be served.

Acts 1951, No. 51, § 25; A.S.A. 1947, § 77-1625; Acts 1989, No. 437, § 14; 1993, No. 327, § 1.
Ark. Code Ann. § 23-79-2302 — AR Code / Title 23 / Chapter 79 / Subchapter 23 / Section 23-79-2302
Definitions
Status: in_force

As used in this subchapter: (1) "Cost-sharing requirement" means a copayment, coinsurance, deductible, or annual limitation on cost sharing, including without limitation a limitation subject to the Patient Protection and Affordable Care Act, Pub. L. No. 111-148, that is required by or on behalf of an enrollee in order to receive a specific healthcare service, including a prescription drug, covered by a health benefit plan; (2) "Enrollee" means an individual entitled to healthcare services from a healthcare insurer; (3) (A) "Health benefit plan" means any individual, blanket, or group plan, policy, or contract for healthcare services issued or delivered by a healthcare insurer in this state. (B) "Health benefit plan" does not include: (i) Accident-only plans; (ii) Specified disease plans; (iii) Disability income plans; (iv) Plans that provide only for indemnity for hospital confinement; (v) Long-term-care-only plans that do not include pharmacy benefits; (vi) Other limited-benefit health insurance policies or plans; (vii) 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.; (viii) A plan that provides only dental benefits or eye and vision care benefits; or (ix) A program or plan authorized and funded under 42 U.S.C. § 1396a et seq.; (4) (A) "Healthcare insurer" means an insurance company that is subject to state law regulating insurance and offers health insurance coverage under 42 U.S.C. § 300gg-91 , as it existed on January 1, 2021, a health maintenance organization, or a hospital and medical service corporation. (B) "Healthcare insurer" does not include an entity that provides only dental benefits or eye and vision care benefits; (5) "Healthcare service" means an item or service provided to an individual for the purpose of preventing, alleviating, curing, or healing illness, injury, or physical disability; and (6) "Person" means a natural person, corporation, mutual company, unincorporated association, partnership, joint venture, limited liability company, trust, estate, foundation, not-for-profit corporation, unincorporated organization, government, or governmental subdivision or agency. Added by Act 2021, No. 965,§ 2, eff. 7/28/2021.

As used in this subchapter:

(1) "Cost-sharing requirement" means a copayment, coinsurance, deductible, or annual limitation on cost sharing, including without limitation a limitation subject to the Patient Protection and Affordable Care Act, Pub. L. No. 111-148, that is required by or on behalf of an enrollee in order to receive a specific healthcare service, including a prescription drug, covered by a health benefit plan;

(2) "Enrollee" means an individual entitled to healthcare services from a healthcare insurer;

(3) (A) "Health benefit plan" means any individual, blanket, or group plan, policy, or contract for healthcare services issued or delivered by a healthcare insurer in this state. (B) "Health benefit plan" does not include: (i) Accident-only plans; (ii) Specified disease plans; (iii) Disability income plans; (iv) Plans that provide only for indemnity for hospital confinement; (v) Long-term-care-only plans that do not include pharmacy benefits; (vi) Other limited-benefit health insurance policies or plans; (vii) 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.; (viii) A plan that provides only dental benefits or eye and vision care benefits; or (ix) A program or plan authorized and funded under 42 U.S.C. § 1396a et seq.;

(A) "Health benefit plan" means any individual, blanket, or group plan, policy, or contract for healthcare services issued or delivered by a healthcare insurer in this state.

(B) "Health benefit plan" does not include: (i) Accident-only plans; (ii) Specified disease plans; (iii) Disability income plans; (iv) Plans that provide only for indemnity for hospital confinement; (v) Long-term-care-only plans that do not include pharmacy benefits; (vi) Other limited-benefit health insurance policies or plans; (vii) 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.; (viii) A plan that provides only dental benefits or eye and vision care benefits; or (ix) A program or plan authorized and funded under 42 U.S.C. § 1396a et seq.;

(i) Accident-only plans;

(ii) Specified disease plans;

(iii) Disability income plans;

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

(v) Long-term-care-only plans that do not include pharmacy benefits;

(vi) Other limited-benefit health insurance policies or plans;

(vii) 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.;

(viii) A plan that provides only dental benefits or eye and vision care benefits; or

(ix) A program or plan authorized and funded under 42 U.S.C. § 1396a et seq.;

(4) (A) "Healthcare insurer" means an insurance company that is subject to state law regulating insurance and offers health insurance coverage under 42 U.S.C. § 300gg-91 , as it existed on January 1, 2021, a health maintenance organization, or a hospital and medical service corporation. (B) "Healthcare insurer" does not include an entity that provides only dental benefits or eye and vision care benefits;

(A) "Healthcare insurer" means an insurance company that is subject to state law regulating insurance and offers health insurance coverage under 42 U.S.C. § 300gg-91 , as it existed on January 1, 2021, a health maintenance organization, or a hospital and medical service corporation.

(B) "Healthcare insurer" does not include an entity that provides only dental benefits or eye and vision care benefits;

(5) "Healthcare service" means an item or service provided to an individual for the purpose of preventing, alleviating, curing, or healing illness, injury, or physical disability; and

(6) "Person" means a natural person, corporation, mutual company, unincorporated association, partnership, joint venture, limited liability company, trust, estate, foundation, not-for-profit corporation, unincorporated organization, government, or governmental subdivision or agency.

Added by Act 2021, No. 965,§ 2, eff. 7/28/2021.
Ark. Code Ann. § 23-97-319 — AR Code / Title 23 / Chapter 97 / Subchapter 3 / Section 23-97-319
Nonforfeiture benefits
Status: in_force

(a) (1) Except as provided in subsection (b) of this section, a long-term care insurance policy may not be delivered or issued for delivery in this state unless the policyholder or certificate holder has been offered the option of purchasing a policy or certificate containing a nonforfeiture benefit. (2) The offer of a nonforfeiture benefit may be in the form of a rider that is attached to the policy. (3) If the policyholder or certificate holder declines the nonforfeiture benefit, then the insurer shall provide a contingent benefit upon lapse that shall be available for the period of time specified by the Insurance Commissioner following a substantial increase in premium rates. (b) (1) When a group long-term care insurance policy is issued, the offer required in subsection (a) of this section shall be made to the group policyholder. (2) However, if the policy is issued as group long-term care insurance as defined under § 23-97-304(6)(B) , other than to a continuing care retirement community or similar entity, then the offering shall be made to each proposed certificate holder. (c) The commissioner shall promulgate rules specifying: (1) The type or types of nonforfeiture benefits to be offered as part of long-term care insurance policies and certificates; (2) The standards for nonforfeiture benefits; and (3) The rules regarding contingent benefit upon lapse, including a determination of the specified period of time during which a contingent benefit upon lapse will be available and the substantial premium rate increase that triggers a contingent benefit upon lapse under subsection (a) of this section. Acts 2005, No. 1697, § 31.

(a) (1) Except as provided in subsection (b) of this section, a long-term care insurance policy may not be delivered or issued for delivery in this state unless the policyholder or certificate holder has been offered the option of purchasing a policy or certificate containing a nonforfeiture benefit. (2) The offer of a nonforfeiture benefit may be in the form of a rider that is attached to the policy. (3) If the policyholder or certificate holder declines the nonforfeiture benefit, then the insurer shall provide a contingent benefit upon lapse that shall be available for the period of time specified by the Insurance Commissioner following a substantial increase in premium rates.

(1) Except as provided in subsection (b) of this section, a long-term care insurance policy may not be delivered or issued for delivery in this state unless the policyholder or certificate holder has been offered the option of purchasing a policy or certificate containing a nonforfeiture benefit.

(2) The offer of a nonforfeiture benefit may be in the form of a rider that is attached to the policy.

(3) If the policyholder or certificate holder declines the nonforfeiture benefit, then the insurer shall provide a contingent benefit upon lapse that shall be available for the period of time specified by the Insurance Commissioner following a substantial increase in premium rates.

(b) (1) When a group long-term care insurance policy is issued, the offer required in subsection (a) of this section shall be made to the group policyholder. (2) However, if the policy is issued as group long-term care insurance as defined under § 23-97-304(6)(B) , other than to a continuing care retirement community or similar entity, then the offering shall be made to each proposed certificate holder.

(1) When a group long-term care insurance policy is issued, the offer required in subsection (a) of this section shall be made to the group policyholder.

(2) However, if the policy is issued as group long-term care insurance as defined under § 23-97-304(6)(B) , other than to a continuing care retirement community or similar entity, then the offering shall be made to each proposed certificate holder.

(c) The commissioner shall promulgate rules specifying: (1) The type or types of nonforfeiture benefits to be offered as part of long-term care insurance policies and certificates; (2) The standards for nonforfeiture benefits; and (3) The rules regarding contingent benefit upon lapse, including a determination of the specified period of time during which a contingent benefit upon lapse will be available and the substantial premium rate increase that triggers a contingent benefit upon lapse under subsection (a) of this section.

(1) The type or types of nonforfeiture benefits to be offered as part of long-term care insurance policies and certificates;

(2) The standards for nonforfeiture benefits; and

(3) The rules regarding contingent benefit upon lapse, including a determination of the specified period of time during which a contingent benefit upon lapse will be available and the substantial premium rate increase that triggers a contingent benefit upon lapse under subsection (a) of this section.

Acts 2005, No. 1697, § 31.