Ark. Code Ann. § 23-76-112 — AR Code / Title 23 / Chapter 76 / Section 23-76-112
Evidence of coverage and charges for healthcare services
Status: in_force

(a) (1) (A) Every enrollee residing in this state is entitled to evidence of coverage under a healthcare plan. (B) If the enrollee obtains coverage under a healthcare plan through an insurance policy or a contract issued by a hospital and medical service corporation, whether by option or otherwise, the insurer or the hospital and medical service corporation shall issue the evidence of coverage. Otherwise, the health maintenance organization shall issue the evidence of coverage. (2) No evidence of coverage, or amendment thereto, shall be issued or delivered to any person in this state until a copy of the form of the evidence of coverage, or amendment thereto, has been filed with and approved by the Insurance Commissioner. (3) An evidence of coverage shall contain: (A) No provisions or statements that: (i) Are unjust, unfair, inequitable, misleading, or deceptive; (ii) Encourage misrepresentation; or (iii) Are untrue, misleading, or deceptive as defined in § 23-76-119 ; and (B) A clear and complete statement if a contract, or a reasonably complete summary if a certificate, of: (i) The healthcare services and the insurance or other benefits, if any, to which the enrollee is entitled under the healthcare plan; (ii) Any limitations on the services, kind of services, benefits, or kind of benefits, to be provided, including any deductible or copayment feature; (iii) Where and in what manner information is available as to how services may be obtained; (iv) The total amount of payment for healthcare services and the indemnity or service benefits, if any, that the enrollee is obligated to pay with respect to individual contracts, or an indication whether the plan is contributory or noncontributory with respect to group certificates; and (v) A clear and understandable description of the health maintenance organization's method for resolving enrollee complaints. Any subsequent change may be evidenced in a separate document issued to the enrollee. (4) A copy of the form of the evidence of coverage to be used in this state, and any amendment thereto, shall be subject to the filing and approval requirements of subdivision (a)(2) of this section unless it is subject to the jurisdiction of the commissioner under the laws governing health insurance or hospital or medical service corporations in which event the filing and approval provisions of the laws shall apply. However, to the extent that the provisions do not apply, the requirements in subdivision (a)(3) of this section shall be applicable. (b) (1) No schedule of charges for enrollee coverage for healthcare services, or amendment thereto, may be used in conjunction with any healthcare plan until either a copy of the schedule or the methodology for determining charges has been filed with and approved by the commissioner. (2) (A) Either a specific schedule of charges or a methodology for determining charges shall be established in accordance with the actuarial principles for various categories of enrollees, provided that charges applicable to an individual enrollee in a group contract shall not be individually determined based on the status of the enrollee's health. However, the charges shall not be excessive, inadequate, or unfairly discriminatory. (B) A certification by a qualified actuary, to the appropriateness of the use of the methodology, based on reasonable assumptions, shall accompany the filing along with adequate supporting information. (c) (1) (A) Within a reasonable period, the commissioner shall approve any form if the requirements of subsection (a) of this section are met and any schedule of charges or methodology for determining charges if the requirements of subsection (b) of this section are met. (B) It shall be unlawful to issue the form or to use the schedule of charges or methodology for determining charges until approved. (2) (A) (i) If the commissioner disapproves the filing, he or she shall notify the filer promptly. (ii) In the notice, the commissioner shall specify the reasons for disapproval and the findings of fact and conclusion that support the reasons. (B) A hearing will be granted by the commissioner within sixty (60) days after a request in writing by the person filing. (C) If the commissioner does not disapprove any form or schedule of charges within sixty (60) days of the filing of the forms or charges, they shall be deemed approved. (3) (A) If the commissioner disapproves any form or schedule of charges or methodology for determining charges, the commissioner's disapproval and the findings of fact and conclusions that support the commissioner's reasons shall be subject to judicial review pursuant to § 23-61-307 . (B) The review shall be upon the entire record, and the commissioner's decision shall be sustained if it is supported by the preponderance of the evidence in the record. (d) The commissioner may require the submission of whatever relevant information he or she deems necessary in determining whether to approve or disapprove a filing made pursuant to this section. Acts 1975, No. 454, § 8; A.S.A. 1947, § 66-5208; Acts 2001, No. 1605, § 5.

(a) (1) (A) Every enrollee residing in this state is entitled to evidence of coverage under a healthcare plan. (B) If the enrollee obtains coverage under a healthcare plan through an insurance policy or a contract issued by a hospital and medical service corporation, whether by option or otherwise, the insurer or the hospital and medical service corporation shall issue the evidence of coverage. Otherwise, the health maintenance organization shall issue the evidence of coverage. (2) No evidence of coverage, or amendment thereto, shall be issued or delivered to any person in this state until a copy of the form of the evidence of coverage, or amendment thereto, has been filed with and approved by the Insurance Commissioner. (3) An evidence of coverage shall contain: (A) No provisions or statements that: (i) Are unjust, unfair, inequitable, misleading, or deceptive; (ii) Encourage misrepresentation; or (iii) Are untrue, misleading, or deceptive as defined in § 23-76-119 ; and (B) A clear and complete statement if a contract, or a reasonably complete summary if a certificate, of: (i) The healthcare services and the insurance or other benefits, if any, to which the enrollee is entitled under the healthcare plan; (ii) Any limitations on the services, kind of services, benefits, or kind of benefits, to be provided, including any deductible or copayment feature; (iii) Where and in what manner information is available as to how services may be obtained; (iv) The total amount of payment for healthcare services and the indemnity or service benefits, if any, that the enrollee is obligated to pay with respect to individual contracts, or an indication whether the plan is contributory or noncontributory with respect to group certificates; and (v) A clear and understandable description of the health maintenance organization's method for resolving enrollee complaints. Any subsequent change may be evidenced in a separate document issued to the enrollee. (4) A copy of the form of the evidence of coverage to be used in this state, and any amendment thereto, shall be subject to the filing and approval requirements of subdivision (a)(2) of this section unless it is subject to the jurisdiction of the commissioner under the laws governing health insurance or hospital or medical service corporations in which event the filing and approval provisions of the laws shall apply. However, to the extent that the provisions do not apply, the requirements in subdivision (a)(3) of this section shall be applicable.

(1) (A) Every enrollee residing in this state is entitled to evidence of coverage under a healthcare plan. (B) If the enrollee obtains coverage under a healthcare plan through an insurance policy or a contract issued by a hospital and medical service corporation, whether by option or otherwise, the insurer or the hospital and medical service corporation shall issue the evidence of coverage. Otherwise, the health maintenance organization shall issue the evidence of coverage.

(A) Every enrollee residing in this state is entitled to evidence of coverage under a healthcare plan.

(B) If the enrollee obtains coverage under a healthcare plan through an insurance policy or a contract issued by a hospital and medical service corporation, whether by option or otherwise, the insurer or the hospital and medical service corporation shall issue the evidence of coverage. Otherwise, the health maintenance organization shall issue the evidence of coverage.

(2) No evidence of coverage, or amendment thereto, shall be issued or delivered to any person in this state until a copy of the form of the evidence of coverage, or amendment thereto, has been filed with and approved by the Insurance Commissioner.

(3) An evidence of coverage shall contain: (A) No provisions or statements that: (i) Are unjust, unfair, inequitable, misleading, or deceptive; (ii) Encourage misrepresentation; or (iii) Are untrue, misleading, or deceptive as defined in § 23-76-119 ; and (B) A clear and complete statement if a contract, or a reasonably complete summary if a certificate, of: (i) The healthcare services and the insurance or other benefits, if any, to which the enrollee is entitled under the healthcare plan; (ii) Any limitations on the services, kind of services, benefits, or kind of benefits, to be provided, including any deductible or copayment feature; (iii) Where and in what manner information is available as to how services may be obtained; (iv) The total amount of payment for healthcare services and the indemnity or service benefits, if any, that the enrollee is obligated to pay with respect to individual contracts, or an indication whether the plan is contributory or noncontributory with respect to group certificates; and (v) A clear and understandable description of the health maintenance organization's method for resolving enrollee complaints. Any subsequent change may be evidenced in a separate document issued to the enrollee.

(A) No provisions or statements that: (i) Are unjust, unfair, inequitable, misleading, or deceptive; (ii) Encourage misrepresentation; or (iii) Are untrue, misleading, or deceptive as defined in § 23-76-119 ; and

(i) Are unjust, unfair, inequitable, misleading, or deceptive;

(ii) Encourage misrepresentation; or

(iii) Are untrue, misleading, or deceptive as defined in § 23-76-119 ; and

(B) A clear and complete statement if a contract, or a reasonably complete summary if a certificate, of: (i) The healthcare services and the insurance or other benefits, if any, to which the enrollee is entitled under the healthcare plan; (ii) Any limitations on the services, kind of services, benefits, or kind of benefits, to be provided, including any deductible or copayment feature; (iii) Where and in what manner information is available as to how services may be obtained; (iv) The total amount of payment for healthcare services and the indemnity or service benefits, if any, that the enrollee is obligated to pay with respect to individual contracts, or an indication whether the plan is contributory or noncontributory with respect to group certificates; and (v) A clear and understandable description of the health maintenance organization's method for resolving enrollee complaints. Any subsequent change may be evidenced in a separate document issued to the enrollee.

(i) The healthcare services and the insurance or other benefits, if any, to which the enrollee is entitled under the healthcare plan;

(ii) Any limitations on the services, kind of services, benefits, or kind of benefits, to be provided, including any deductible or copayment feature;

(iii) Where and in what manner information is available as to how services may be obtained;

(iv) The total amount of payment for healthcare services and the indemnity or service benefits, if any, that the enrollee is obligated to pay with respect to individual contracts, or an indication whether the plan is contributory or noncontributory with respect to group certificates; and

(v) A clear and understandable description of the health maintenance organization's method for resolving enrollee complaints. Any subsequent change may be evidenced in a separate document issued to the enrollee.

(4) A copy of the form of the evidence of coverage to be used in this state, and any amendment thereto, shall be subject to the filing and approval requirements of subdivision (a)(2) of this section unless it is subject to the jurisdiction of the commissioner under the laws governing health insurance or hospital or medical service corporations in which event the filing and approval provisions of the laws shall apply. However, to the extent that the provisions do not apply, the requirements in subdivision (a)(3) of this section shall be applicable.

(b) (1) No schedule of charges for enrollee coverage for healthcare services, or amendment thereto, may be used in conjunction with any healthcare plan until either a copy of the schedule or the methodology for determining charges has been filed with and approved by the commissioner. (2) (A) Either a specific schedule of charges or a methodology for determining charges shall be established in accordance with the actuarial principles for various categories of enrollees, provided that charges applicable to an individual enrollee in a group contract shall not be individually determined based on the status of the enrollee's health. However, the charges shall not be excessive, inadequate, or unfairly discriminatory. (B) A certification by a qualified actuary, to the appropriateness of the use of the methodology, based on reasonable assumptions, shall accompany the filing along with adequate supporting information.

(1) No schedule of charges for enrollee coverage for healthcare services, or amendment thereto, may be used in conjunction with any healthcare plan until either a copy of the schedule or the methodology for determining charges has been filed with and approved by the commissioner.

(2) (A) Either a specific schedule of charges or a methodology for determining charges shall be established in accordance with the actuarial principles for various categories of enrollees, provided that charges applicable to an individual enrollee in a group contract shall not be individually determined based on the status of the enrollee's health. However, the charges shall not be excessive, inadequate, or unfairly discriminatory. (B) A certification by a qualified actuary, to the appropriateness of the use of the methodology, based on reasonable assumptions, shall accompany the filing along with adequate supporting information.

(A) Either a specific schedule of charges or a methodology for determining charges shall be established in accordance with the actuarial principles for various categories of enrollees, provided that charges applicable to an individual enrollee in a group contract shall not be individually determined based on the status of the enrollee's health. However, the charges shall not be excessive, inadequate, or unfairly discriminatory.

(B) A certification by a qualified actuary, to the appropriateness of the use of the methodology, based on reasonable assumptions, shall accompany the filing along with adequate supporting information.

(c) (1) (A) Within a reasonable period, the commissioner shall approve any form if the requirements of subsection (a) of this section are met and any schedule of charges or methodology for determining charges if the requirements of subsection (b) of this section are met. (B) It shall be unlawful to issue the form or to use the schedule of charges or methodology for determining charges until approved. (2) (A) (i) If the commissioner disapproves the filing, he or she shall notify the filer promptly. (ii) In the notice, the commissioner shall specify the reasons for disapproval and the findings of fact and conclusion that support the reasons. (B) A hearing will be granted by the commissioner within sixty (60) days after a request in writing by the person filing. (C) If the commissioner does not disapprove any form or schedule of charges within sixty (60) days of the filing of the forms or charges, they shall be deemed approved. (3) (A) If the commissioner disapproves any form or schedule of charges or methodology for determining charges, the commissioner's disapproval and the findings of fact and conclusions that support the commissioner's reasons shall be subject to judicial review pursuant to § 23-61-307 . (B) The review shall be upon the entire record, and the commissioner's decision shall be sustained if it is supported by the preponderance of the evidence in the record.

(1) (A) Within a reasonable period, the commissioner shall approve any form if the requirements of subsection (a) of this section are met and any schedule of charges or methodology for determining charges if the requirements of subsection (b) of this section are met. (B) It shall be unlawful to issue the form or to use the schedule of charges or methodology for determining charges until approved.

(A) Within a reasonable period, the commissioner shall approve any form if the requirements of subsection (a) of this section are met and any schedule of charges or methodology for determining charges if the requirements of subsection (b) of this section are met.

(B) It shall be unlawful to issue the form or to use the schedule of charges or methodology for determining charges until approved.

(2) (A) (i) If the commissioner disapproves the filing, he or she shall notify the filer promptly. (ii) In the notice, the commissioner shall specify the reasons for disapproval and the findings of fact and conclusion that support the reasons. (B) A hearing will be granted by the commissioner within sixty (60) days after a request in writing by the person filing. (C) If the commissioner does not disapprove any form or schedule of charges within sixty (60) days of the filing of the forms or charges, they shall be deemed approved.

(A) (i) If the commissioner disapproves the filing, he or she shall notify the filer promptly. (ii) In the notice, the commissioner shall specify the reasons for disapproval and the findings of fact and conclusion that support the reasons.

(i) If the commissioner disapproves the filing, he or she shall notify the filer promptly.

(ii) In the notice, the commissioner shall specify the reasons for disapproval and the findings of fact and conclusion that support the reasons.

(B) A hearing will be granted by the commissioner within sixty (60) days after a request in writing by the person filing.

(C) If the commissioner does not disapprove any form or schedule of charges within sixty (60) days of the filing of the forms or charges, they shall be deemed approved.

(3) (A) If the commissioner disapproves any form or schedule of charges or methodology for determining charges, the commissioner's disapproval and the findings of fact and conclusions that support the commissioner's reasons shall be subject to judicial review pursuant to § 23-61-307 . (B) The review shall be upon the entire record, and the commissioner's decision shall be sustained if it is supported by the preponderance of the evidence in the record.

(A) If the commissioner disapproves any form or schedule of charges or methodology for determining charges, the commissioner's disapproval and the findings of fact and conclusions that support the commissioner's reasons shall be subject to judicial review pursuant to § 23-61-307 .

(B) The review shall be upon the entire record, and the commissioner's decision shall be sustained if it is supported by the preponderance of the evidence in the record.

(d) The commissioner may require the submission of whatever relevant information he or she deems necessary in determining whether to approve or disapprove a filing made pursuant to this section.

Acts 1975, No. 454, § 8; A.S.A. 1947, § 66-5208; Acts 2001, No. 1605, § 5.
Ark. Code Ann. § 23-92-604 — AR Code / Title 23 / Chapter 92 / Subchapter 6 / Section 23-92-604
Third party and pharmaceutical manufacturer - Prohibitions
Status: in_force

(a) A third party shall not: (1) Coerce a patient into using a mail-order pharmacy; (2) Require a patient to use a mail-order pharmacy; (3) Discriminate, lower the reimbursement, or impose any separate terms upon a pharmacy in any other third party contract on the basis that a pharmacy participates in 340B drug pricing; (4) Require a pharmacy to reverse, resubmit, or clarify a 340B drug-pricing claim after the initial adjudication unless these actions are in the normal course of pharmacy business and not related to 340B drug pricing; (5) Require a billing modifier to indicate that the drug or claim is a 340B drug-pricing claim unless the drug or claim is being billed to the fee-for-service Arkansas Medicaid Program; (6) Modify a patient's copayment on the basis of a pharmacy's participation in 340B drug pricing; (7) Exclude a pharmacy from a network on the basis of the pharmacy's participation in 340B drug pricing; (8) Establish or set network adequacy requirements based on 340B drug pricing participation by a provider or a pharmacy; or (9) Prohibit an entity authorized to participate in 340B drug pricing or a pharmacy under contract with an entity authorized to participate in 340B drug pricing from participating in the third party's provider network on the basis of participation in 340B drug pricing. (b) A third party that is a pharmacy benefits manager shall not base the drug formulary or drug coverage decisions upon the 340B drug-pricing status of a drug, including price or availability, or whether a dispensing pharmacy participates in 340B drug pricing. (c) A pharmaceutical manufacturer shall not: (1) Prohibit a pharmacy from contracting or participating with an entity authorized to participate in 340B drug pricing by denying access to drugs that are manufactured by the pharmaceutical manufacturer; or (2) Deny or prohibit 340B drug pricing for an Arkansas-based community pharmacy that receives drugs purchased under a 340B drug pricing contract pharmacy arrangement with an entity authorized to participate in 340B drug pricing. Added by Act 2021, No. 1103,§ 1, eff. 7/28/2021.

(a) A third party shall not: (1) Coerce a patient into using a mail-order pharmacy; (2) Require a patient to use a mail-order pharmacy; (3) Discriminate, lower the reimbursement, or impose any separate terms upon a pharmacy in any other third party contract on the basis that a pharmacy participates in 340B drug pricing; (4) Require a pharmacy to reverse, resubmit, or clarify a 340B drug-pricing claim after the initial adjudication unless these actions are in the normal course of pharmacy business and not related to 340B drug pricing; (5) Require a billing modifier to indicate that the drug or claim is a 340B drug-pricing claim unless the drug or claim is being billed to the fee-for-service Arkansas Medicaid Program; (6) Modify a patient's copayment on the basis of a pharmacy's participation in 340B drug pricing; (7) Exclude a pharmacy from a network on the basis of the pharmacy's participation in 340B drug pricing; (8) Establish or set network adequacy requirements based on 340B drug pricing participation by a provider or a pharmacy; or (9) Prohibit an entity authorized to participate in 340B drug pricing or a pharmacy under contract with an entity authorized to participate in 340B drug pricing from participating in the third party's provider network on the basis of participation in 340B drug pricing.

(1) Coerce a patient into using a mail-order pharmacy;

(2) Require a patient to use a mail-order pharmacy;

(3) Discriminate, lower the reimbursement, or impose any separate terms upon a pharmacy in any other third party contract on the basis that a pharmacy participates in 340B drug pricing;

(4) Require a pharmacy to reverse, resubmit, or clarify a 340B drug-pricing claim after the initial adjudication unless these actions are in the normal course of pharmacy business and not related to 340B drug pricing;

(5) Require a billing modifier to indicate that the drug or claim is a 340B drug-pricing claim unless the drug or claim is being billed to the fee-for-service Arkansas Medicaid Program;

(6) Modify a patient's copayment on the basis of a pharmacy's participation in 340B drug pricing;

(7) Exclude a pharmacy from a network on the basis of the pharmacy's participation in 340B drug pricing;

(8) Establish or set network adequacy requirements based on 340B drug pricing participation by a provider or a pharmacy; or

(9) Prohibit an entity authorized to participate in 340B drug pricing or a pharmacy under contract with an entity authorized to participate in 340B drug pricing from participating in the third party's provider network on the basis of participation in 340B drug pricing.

(b) A third party that is a pharmacy benefits manager shall not base the drug formulary or drug coverage decisions upon the 340B drug-pricing status of a drug, including price or availability, or whether a dispensing pharmacy participates in 340B drug pricing.

(c) A pharmaceutical manufacturer shall not: (1) Prohibit a pharmacy from contracting or participating with an entity authorized to participate in 340B drug pricing by denying access to drugs that are manufactured by the pharmaceutical manufacturer; or (2) Deny or prohibit 340B drug pricing for an Arkansas-based community pharmacy that receives drugs purchased under a 340B drug pricing contract pharmacy arrangement with an entity authorized to participate in 340B drug pricing.

(1) Prohibit a pharmacy from contracting or participating with an entity authorized to participate in 340B drug pricing by denying access to drugs that are manufactured by the pharmaceutical manufacturer; or

(2) Deny or prohibit 340B drug pricing for an Arkansas-based community pharmacy that receives drugs purchased under a 340B drug pricing contract pharmacy arrangement with an entity authorized to participate in 340B drug pricing.

Added by Act 2021, No. 1103,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 23-37-214 — AR Code / Title 23 / Chapter 37 / Subchapter 2 / Section 23-37-214
Appeal from decision of board
Status: in_force

(a) Any person affected by any action, decision, or order of the Savings and Loan Association Board [abolished] may, within thirty (30) days after a written copy of the action, decision, or order has been mailed to that person, appeal as a matter of right to the Pulaski County Circuit Court by filing written notice of appeal in that court and by filing a copy of the notice with the Supervisor of Savings and Loan Associations. (b) Upon filing of the notice of appeal, the court shall have full jurisdiction, shall determine whether the appeal shall operate as a stay of the order, decision, or action appealed from, and shall have the right at any time thereafter to issue any other temporary or preliminary orders which it may deem proper until final judgment is rendered. (c) Within thirty (30) days after the filing of a notice of appeal in his or her office, the supervisor shall make, certify, and deposit in the office of the clerk of the court a full and complete transcript of all proceedings had before the board and of all evidence before the board in the matter and of all files of the supervisor therein. (d) As soon as reasonably possible after receipt of the transcript, evidence, and files, the Pulaski County Circuit Court shall review the action of the board appealed from. The appeal shall be upon the basis of the record so presented. In any such review the findings of the board as to the facts, if supported by substantial evidence, shall be conclusive. (e) After hearing the appeal, the court may affirm, modify, or reverse the order or action of the board in whole or in part or remand the action to the board for further proceedings in accordance with the court's direction, including the taking of additional evidence. (f) Costs shall be awarded as in civil actions. (g) An appeal may be taken to the Supreme Court from a judgment of the circuit court, as in other civil cases. Acts 1963, No. 227, § 11; A.S.A. 1947, § 67-1811.

(a) Any person affected by any action, decision, or order of the Savings and Loan Association Board [abolished] may, within thirty (30) days after a written copy of the action, decision, or order has been mailed to that person, appeal as a matter of right to the Pulaski County Circuit Court by filing written notice of appeal in that court and by filing a copy of the notice with the Supervisor of Savings and Loan Associations.

(b) Upon filing of the notice of appeal, the court shall have full jurisdiction, shall determine whether the appeal shall operate as a stay of the order, decision, or action appealed from, and shall have the right at any time thereafter to issue any other temporary or preliminary orders which it may deem proper until final judgment is rendered.

(c) Within thirty (30) days after the filing of a notice of appeal in his or her office, the supervisor shall make, certify, and deposit in the office of the clerk of the court a full and complete transcript of all proceedings had before the board and of all evidence before the board in the matter and of all files of the supervisor therein.

(d) As soon as reasonably possible after receipt of the transcript, evidence, and files, the Pulaski County Circuit Court shall review the action of the board appealed from. The appeal shall be upon the basis of the record so presented. In any such review the findings of the board as to the facts, if supported by substantial evidence, shall be conclusive.

(e) After hearing the appeal, the court may affirm, modify, or reverse the order or action of the board in whole or in part or remand the action to the board for further proceedings in accordance with the court's direction, including the taking of additional evidence.

(f) Costs shall be awarded as in civil actions.

(g) An appeal may be taken to the Supreme Court from a judgment of the circuit court, as in other civil cases.

Acts 1963, No. 227, § 11; A.S.A. 1947, § 67-1811.
Ark. Code Ann. § 23-79-1303 — AR Code / Title 23 / Chapter 79 / Subchapter 13 / Section 23-79-1303
Coverage for prostate cancer screening required
Status: in_force

(a) (1) A health benefit plan that is offered, issued, or renewed in this state on or after January 1, 2010, and that provides coverage to men forty (40) years of age or older in this state shall provide coverage for screening for the early detection of prostate cancer in men forty (40) years of age and older according to the National Comprehensive Cancer Network guidelines, as in effect on January 1, 2009. (2) The coverage for prostate cancer screening required under subdivision (a)(1) of this section: (A) Is not subject to policy deductibles; and (B) Shall not exceed the actual cost of the prostate cancer screening up to the maximum allowable cost per screening. (b) The coverage for prostate cancer screening required under subsection (a) of this section shall be offered as follows: (1) The prostate cancer screening shall be performed by a qualified medical professional; and (2) (A) The coverage shall provide at least one (1) screening per year for any man forty (40) years of age or older according to the National Comprehensive Cancer Network guidelines, as in effect on January 1, 2023. (B) If additional clinical recommendations for prostate cancer screenings are recognized by medical science to reduce the risk of prostate cancer diagnoses and are included in updated guidelines published by the National Comprehensive Cancer Network, then the Insurance Commissioner may adopt the updated guidelines by rule. (c) The coverage for prostate cancer screening required under subsection (a) of this section does not diminish or limit diagnostic benefits otherwise allowable under a health benefit plan. (d) If a medical practitioner recommends that an insured, a subscriber, or an enrollee undergo a prostate specific antigen blood test, coverage may not be denied on the ground that the insured, subscriber, or enrollee has already had a digital rectal examination and the examination result was negative. Amended by Act 2023, No. 66,§ 1, eff. 8/1/2023. Acts 2009, No. 75, § 1.

(a) (1) A health benefit plan that is offered, issued, or renewed in this state on or after January 1, 2010, and that provides coverage to men forty (40) years of age or older in this state shall provide coverage for screening for the early detection of prostate cancer in men forty (40) years of age and older according to the National Comprehensive Cancer Network guidelines, as in effect on January 1, 2009. (2) The coverage for prostate cancer screening required under subdivision (a)(1) of this section: (A) Is not subject to policy deductibles; and (B) Shall not exceed the actual cost of the prostate cancer screening up to the maximum allowable cost per screening.

(1) A health benefit plan that is offered, issued, or renewed in this state on or after January 1, 2010, and that provides coverage to men forty (40) years of age or older in this state shall provide coverage for screening for the early detection of prostate cancer in men forty (40) years of age and older according to the National Comprehensive Cancer Network guidelines, as in effect on January 1, 2009.

(2) The coverage for prostate cancer screening required under subdivision (a)(1) of this section: (A) Is not subject to policy deductibles; and (B) Shall not exceed the actual cost of the prostate cancer screening up to the maximum allowable cost per screening.

(A) Is not subject to policy deductibles; and

(B) Shall not exceed the actual cost of the prostate cancer screening up to the maximum allowable cost per screening.

(b) The coverage for prostate cancer screening required under subsection (a) of this section shall be offered as follows: (1) The prostate cancer screening shall be performed by a qualified medical professional; and (2) (A) The coverage shall provide at least one (1) screening per year for any man forty (40) years of age or older according to the National Comprehensive Cancer Network guidelines, as in effect on January 1, 2023. (B) If additional clinical recommendations for prostate cancer screenings are recognized by medical science to reduce the risk of prostate cancer diagnoses and are included in updated guidelines published by the National Comprehensive Cancer Network, then the Insurance Commissioner may adopt the updated guidelines by rule.

(1) The prostate cancer screening shall be performed by a qualified medical professional; and

(2) (A) The coverage shall provide at least one (1) screening per year for any man forty (40) years of age or older according to the National Comprehensive Cancer Network guidelines, as in effect on January 1, 2023. (B) If additional clinical recommendations for prostate cancer screenings are recognized by medical science to reduce the risk of prostate cancer diagnoses and are included in updated guidelines published by the National Comprehensive Cancer Network, then the Insurance Commissioner may adopt the updated guidelines by rule.

(A) The coverage shall provide at least one (1) screening per year for any man forty (40) years of age or older according to the National Comprehensive Cancer Network guidelines, as in effect on January 1, 2023.

(B) If additional clinical recommendations for prostate cancer screenings are recognized by medical science to reduce the risk of prostate cancer diagnoses and are included in updated guidelines published by the National Comprehensive Cancer Network, then the Insurance Commissioner may adopt the updated guidelines by rule.

(c) The coverage for prostate cancer screening required under subsection (a) of this section does not diminish or limit diagnostic benefits otherwise allowable under a health benefit plan.

(d) If a medical practitioner recommends that an insured, a subscriber, or an enrollee undergo a prostate specific antigen blood test, coverage may not be denied on the ground that the insured, subscriber, or enrollee has already had a digital rectal examination and the examination result was negative.

Amended by Act 2023, No. 66,§ 1, eff. 8/1/2023.

Acts 2009, No. 75, § 1.
Ark. Code Ann. § 23-99-1114 — AR Code / Title 23 / Chapter 99 / Subchapter 11 / Section 23-99-1114
Limitation on step therapy - Definitions
Status: in_force

(a) An insurance policy shall not limit or exclude coverage under the health benefit plan for a drug approved by the United States Food and Drug Administration that is on the prescription drug formulary of the insurance policy by mandating that a covered person undergo step therapy if the insurance policy provides coverage for the treatment of: (1) Psychosis and serious mental illness through antipsychotic prescription drugs; and (2) Metastatic cancer unless the preferred drug is consistent with best practices that: (A) Are used for the treatment of metastatic cancer or associated conditions under: (i) United States Food and Drug Administration-approved indication; or (ii) The National Comprehensive Cancer Network Drugs and Biologics Compendium indication; or (B) Use evidence-based, peer-reviewed, recognized medical literature. (b) As used in this section: (1) "Metastatic cancer" means cancer that has spread from a primary or original site of the cancer to surrounding or nearby tissues, lymph nodes, or other parts of the body; (2) (A) "Psychosis" means a condition that affects the mind and affects the way the brain processes information. (B) "Psychosis" includes delusions and hallucinations; and (3) "Serious mental illness" means a mental, behavioral, or emotional disorder resulting in serious functional impairment, that substantially interferes with or limits one (1) or more major life activities. (c) For psychosis and serious mental illness, if there is a generic drug equivalent approved by the United States Food and Drug Administration under the same chemical or generic name of a name brand drug that is available, it is not considered step therapy to allow access to and coverage for both the generic drug and the name brand drug. (d) If a request for prior authorization is denied due to a step therapy requirement under this section, then the utilization review entity shall authorize the preferred treatment required under the step therapy if a prior authorization for the preferred treatment is required without requiring the healthcare provider to submit a new or revised request. Amended by Act 2023, No. 577,§ 1, eff. 8/1/2023. Amended by Act 2023, No. 501,§ 4, eff. 8/1/2023. Amended by Act 2021, No. 97,§ 5, eff. 7/28/2021. Amended by Act 2019, No. 699,§ 5, eff. 7/24/2019. Amended by Act 2019, No. 699,§ 4, eff. 7/24/2019. Amended by Act 2017, No. 815,§ 11, eff. 8/1/2017. Added by Act 2015, No. 1106,§ 2, eff. 7/22/2015.

(a) An insurance policy shall not limit or exclude coverage under the health benefit plan for a drug approved by the United States Food and Drug Administration that is on the prescription drug formulary of the insurance policy by mandating that a covered person undergo step therapy if the insurance policy provides coverage for the treatment of: (1) Psychosis and serious mental illness through antipsychotic prescription drugs; and (2) Metastatic cancer unless the preferred drug is consistent with best practices that: (A) Are used for the treatment of metastatic cancer or associated conditions under: (i) United States Food and Drug Administration-approved indication; or (ii) The National Comprehensive Cancer Network Drugs and Biologics Compendium indication; or (B) Use evidence-based, peer-reviewed, recognized medical literature.

(1) Psychosis and serious mental illness through antipsychotic prescription drugs; and

(2) Metastatic cancer unless the preferred drug is consistent with best practices that: (A) Are used for the treatment of metastatic cancer or associated conditions under: (i) United States Food and Drug Administration-approved indication; or (ii) The National Comprehensive Cancer Network Drugs and Biologics Compendium indication; or (B) Use evidence-based, peer-reviewed, recognized medical literature.

(A) Are used for the treatment of metastatic cancer or associated conditions under: (i) United States Food and Drug Administration-approved indication; or (ii) The National Comprehensive Cancer Network Drugs and Biologics Compendium indication; or

(i) United States Food and Drug Administration-approved indication; or

(ii) The National Comprehensive Cancer Network Drugs and Biologics Compendium indication; or

(B) Use evidence-based, peer-reviewed, recognized medical literature.

(b) As used in this section: (1) "Metastatic cancer" means cancer that has spread from a primary or original site of the cancer to surrounding or nearby tissues, lymph nodes, or other parts of the body; (2) (A) "Psychosis" means a condition that affects the mind and affects the way the brain processes information. (B) "Psychosis" includes delusions and hallucinations; and (3) "Serious mental illness" means a mental, behavioral, or emotional disorder resulting in serious functional impairment, that substantially interferes with or limits one (1) or more major life activities.

(1) "Metastatic cancer" means cancer that has spread from a primary or original site of the cancer to surrounding or nearby tissues, lymph nodes, or other parts of the body;

(2) (A) "Psychosis" means a condition that affects the mind and affects the way the brain processes information. (B) "Psychosis" includes delusions and hallucinations; and

(A) "Psychosis" means a condition that affects the mind and affects the way the brain processes information.

(B) "Psychosis" includes delusions and hallucinations; and

(3) "Serious mental illness" means a mental, behavioral, or emotional disorder resulting in serious functional impairment, that substantially interferes with or limits one (1) or more major life activities.

(c) For psychosis and serious mental illness, if there is a generic drug equivalent approved by the United States Food and Drug Administration under the same chemical or generic name of a name brand drug that is available, it is not considered step therapy to allow access to and coverage for both the generic drug and the name brand drug.

(d) If a request for prior authorization is denied due to a step therapy requirement under this section, then the utilization review entity shall authorize the preferred treatment required under the step therapy if a prior authorization for the preferred treatment is required without requiring the healthcare provider to submit a new or revised request.

Amended by Act 2023, No. 577,§ 1, eff. 8/1/2023.

Amended by Act 2023, No. 501,§ 4, eff. 8/1/2023.

Amended by Act 2021, No. 97,§ 5, eff. 7/28/2021.

Amended by Act 2019, No. 699,§ 5, eff. 7/24/2019.

Amended by Act 2019, No. 699,§ 4, eff. 7/24/2019.

Amended by Act 2017, No. 815,§ 11, eff. 8/1/2017.

Added by Act 2015, No. 1106,§ 2, eff. 7/22/2015.
Ark. Code Ann. § 23-78-110 — AR Code / Title 23 / Chapter 78 / Section 23-78-110
Certificate of authority
Status: in_force

(a) Applications for a certificate of authority shall be on forms furnished by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services, and a burial association shall not begin operation until the application has been approved and the certificate of authority has been granted by the board. (b) The following documents and information shall be filed with the application for a certificate of authority: (1) Consent to service of process upon the secretary of the applicant; (2) A copy of the proposed form of membership application, membership certificate, bylaws, and contracts for service, merchandise, supplies, and any other data requested by the board; (3) References as to character, ability, and integrity of the organizers and of any funeral director or embalmer with whom the applicant proposes to contract; (4) An application fee as determined by rule of the board; and (5) (A) Proof of a deposit to the association's mortuary funds in an amount determined by rule of the board. (B) The deposit required under subdivision (b)(5)(A) of this section shall not exceed ten thousand dollars ($10,000). (c) If the board is satisfied that the applicant is qualified and meets the requirements of this chapter, the board shall issue to the applicant a certificate of authority. Amended by Act 2017, No. 788,§ 75, eff. 7/1/2018. Acts 1953, No. 91, § 8; A.S.A. 1947, § 66-1808; Acts 2007, No. 583, § 1; 2011, No. 875, § 2.

(a) Applications for a certificate of authority shall be on forms furnished by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services, and a burial association shall not begin operation until the application has been approved and the certificate of authority has been granted by the board.

(b) The following documents and information shall be filed with the application for a certificate of authority: (1) Consent to service of process upon the secretary of the applicant; (2) A copy of the proposed form of membership application, membership certificate, bylaws, and contracts for service, merchandise, supplies, and any other data requested by the board; (3) References as to character, ability, and integrity of the organizers and of any funeral director or embalmer with whom the applicant proposes to contract; (4) An application fee as determined by rule of the board; and (5) (A) Proof of a deposit to the association's mortuary funds in an amount determined by rule of the board. (B) The deposit required under subdivision (b)(5)(A) of this section shall not exceed ten thousand dollars ($10,000).

(1) Consent to service of process upon the secretary of the applicant;

(2) A copy of the proposed form of membership application, membership certificate, bylaws, and contracts for service, merchandise, supplies, and any other data requested by the board;

(3) References as to character, ability, and integrity of the organizers and of any funeral director or embalmer with whom the applicant proposes to contract;

(4) An application fee as determined by rule of the board; and

(5) (A) Proof of a deposit to the association's mortuary funds in an amount determined by rule of the board. (B) The deposit required under subdivision (b)(5)(A) of this section shall not exceed ten thousand dollars ($10,000).

(A) Proof of a deposit to the association's mortuary funds in an amount determined by rule of the board.

(B) The deposit required under subdivision (b)(5)(A) of this section shall not exceed ten thousand dollars ($10,000).

(c) If the board is satisfied that the applicant is qualified and meets the requirements of this chapter, the board shall issue to the applicant a certificate of authority.

Amended by Act 2017, No. 788,§ 75, eff. 7/1/2018.

Acts 1953, No. 91, § 8; A.S.A. 1947, § 66-1808; Acts 2007, No. 583, § 1; 2011, No. 875, § 2.
Ark. Code Ann. § 23-110-104 — AR Code / Title 23 / Chapter 110 / Subchapter 1 / Section 23-110-104
Disposition of license fees, fines, etc
Status: in_force

(a) All permits or license fees, excise or privilege taxes, penalties, fines, costs, and other amounts received by the Arkansas Racing Commission under the provisions of this chapter shall be general revenues and shall be deposited into the State Treasury to the credit of the State Apportionment Fund. (b) The Treasurer of State shall allocate and transfer the general revenues referred to in subsection (a) of this section to the various State Treasury funds participating in general revenues in the respective proportions to each as provided by and to be used for the respective purposes set forth in the Revenue Stabilization Law, § 19-5-101 et seq. (c) (1) However, any increase in the amount designated by the commission for licensing fees after January 1, 2017, shall be returned to and deposited into a cash fund of the Racing Division. (2) With the approval of the commission, funds deposited into the cash fund under subdivision (c)(1) of this section shall be used to pay for drug testing or other expenses related to the regulation of horse racing in Arkansas. Amended by Act 2017, No. 425,§ 1, eff. 8/1/2017. Acts 1957, No. 46, § 30; A.S.A. 1947, § 84-2756.

(a) All permits or license fees, excise or privilege taxes, penalties, fines, costs, and other amounts received by the Arkansas Racing Commission under the provisions of this chapter shall be general revenues and shall be deposited into the State Treasury to the credit of the State Apportionment Fund.

(b) The Treasurer of State shall allocate and transfer the general revenues referred to in subsection (a) of this section to the various State Treasury funds participating in general revenues in the respective proportions to each as provided by and to be used for the respective purposes set forth in the Revenue Stabilization Law, § 19-5-101 et seq.

(c) (1) However, any increase in the amount designated by the commission for licensing fees after January 1, 2017, shall be returned to and deposited into a cash fund of the Racing Division. (2) With the approval of the commission, funds deposited into the cash fund under subdivision (c)(1) of this section shall be used to pay for drug testing or other expenses related to the regulation of horse racing in Arkansas.

(1) However, any increase in the amount designated by the commission for licensing fees after January 1, 2017, shall be returned to and deposited into a cash fund of the Racing Division.

(2) With the approval of the commission, funds deposited into the cash fund under subdivision (c)(1) of this section shall be used to pay for drug testing or other expenses related to the regulation of horse racing in Arkansas.

Amended by Act 2017, No. 425,§ 1, eff. 8/1/2017.

Acts 1957, No. 46, § 30; A.S.A. 1947, § 84-2756.
Ark. Code Ann. § 23-63-1311 — AR Code / Title 23 / Chapter 63 / Subchapter 13 / Section 23-63-1311
Foreign insurers
Status: in_force

(a) Upon the written request of the Insurance Commissioner, a foreign insurer shall submit to the commissioner an RBC report as of the end of the calendar year just ended the later of: (1) The date an RBC report would be required to be filed by a domestic insurer under this subchapter; or (2) Fifteen (15) days after the request is received by the foreign insurer. Any foreign insurer, at the written request of the commissioner, promptly shall submit to the commissioner a copy of any RBC plan that is filed with the insurance commissioner of any other state. (b) In the event of a company action level event, regulatory action level event, or authorized control level event with respect to a foreign insurer as determined under the RBC statute applicable in the state of domicile of the insurer or, if no RBC statute is in force in that state, under this subchapter, if the insurance commissioner of the state of domicile of the foreign insurer fails to require the foreign insurer to file an RBC plan in the way named under that state's RBC statute or, if no RBC statute is in force in that state, under § 23-63-1304 the commissioner may require the foreign insurer to file an RBC plan with the commissioner. In that event, the failure of the foreign insurer to file an RBC plan with the commissioner is grounds to order the insurer to cease and desist from writing new insurance business in this state. (c) In the event of a mandatory control level event with respect to a foreign insurer, if no domiciliary receiver has been appointed by the foreign insurer under the rehabilitation and liquidation statute applicable in the state of domicile of the foreign insurer, the commissioner may apply to Pulaski County Circuit Court permitted under § 23-68-101 et seq. with respect to the liquidation of property of foreign insurers found in this state, and the occurrence of the mandatory control level event is adequate grounds for the application. Acts 1995, No. 622, § 1; 2011, No. 760, § 4.

(a) Upon the written request of the Insurance Commissioner, a foreign insurer shall submit to the commissioner an RBC report as of the end of the calendar year just ended the later of: (1) The date an RBC report would be required to be filed by a domestic insurer under this subchapter; or (2) Fifteen (15) days after the request is received by the foreign insurer. Any foreign insurer, at the written request of the commissioner, promptly shall submit to the commissioner a copy of any RBC plan that is filed with the insurance commissioner of any other state.

(1) The date an RBC report would be required to be filed by a domestic insurer under this subchapter; or

(2) Fifteen (15) days after the request is received by the foreign insurer. Any foreign insurer, at the written request of the commissioner, promptly shall submit to the commissioner a copy of any RBC plan that is filed with the insurance commissioner of any other state.

(b) In the event of a company action level event, regulatory action level event, or authorized control level event with respect to a foreign insurer as determined under the RBC statute applicable in the state of domicile of the insurer or, if no RBC statute is in force in that state, under this subchapter, if the insurance commissioner of the state of domicile of the foreign insurer fails to require the foreign insurer to file an RBC plan in the way named under that state's RBC statute or, if no RBC statute is in force in that state, under § 23-63-1304 the commissioner may require the foreign insurer to file an RBC plan with the commissioner. In that event, the failure of the foreign insurer to file an RBC plan with the commissioner is grounds to order the insurer to cease and desist from writing new insurance business in this state.

(c) In the event of a mandatory control level event with respect to a foreign insurer, if no domiciliary receiver has been appointed by the foreign insurer under the rehabilitation and liquidation statute applicable in the state of domicile of the foreign insurer, the commissioner may apply to Pulaski County Circuit Court permitted under § 23-68-101 et seq. with respect to the liquidation of property of foreign insurers found in this state, and the occurrence of the mandatory control level event is adequate grounds for the application.

Acts 1995, No. 622, § 1; 2011, No. 760, § 4.
Ark. Code Ann. § 23-68-133 — AR Code / Title 23 / Chapter 68 / Section 23-68-133
Reinsurer's liability
Status: in_force

(a) The amount recoverable by the liquidator from reinsurers shall not be reduced as a result of the delinquency proceedings, regardless of any provision in the reinsurance contract or other agreement. (b) All reinsurance contracts to which an insurer domiciled in this state is a party that do not contain the provisions required with respect to the obligation of reinsurers in the event of insolvency of the reinsured in order to obtain credit for reinsurance or other applicable statutes, shall be construed to contain the following provisions: (1) (A) In the event of insolvency and the appointment of a receiver, the reinsurance obligation shall be payable to the receiver upon demand, with reasonable provision for verification, on the basis of claims allowed pursuant to this subchapter, without diminution because of the insolvency or because the receiver has failed to pay all or a portion of any claims. (B) Payments by the reinsurer as set forth above shall be made directly to the ceding insurer or to its receiver; and (2) (A) The receiver of a reinsured company shall give written notice of the pendency of a claim against the reinsured company indicating the policy or bond reinsured within a reasonable time after the claim is filed. (B) The receiver of a reinsured company may arrange for the giving of notice of the pendency of claims on reinsured policies by guaranty funds or by other persons responsible for the adjustment and settlement of the reinsured company's claims. (C) Failure to give notice shall not excuse the obligation of the reinsurer unless it is substantially prejudiced thereby. (D) The reinsurer may interpose, at its own expense, in the proceeding where the claim is to be adjudicated, any defense or defenses which it may deem available to the reinsured company or its receiver. (c) (1) Payments by the reinsurer as set forth shall be made directly to the ceding insurer or its receiver, except where the contract of insurance or reinsurance specifically provides for another payee in the event of insolvency of the ceding insurer in accordance with any applicable requirements of statutes, rules, or orders of the domiciliary state of the ceding insurer. (2) The receiver shall be entitled to recover from any person who unsuccessfully makes a claim directly against the reinsurer the receiver's attorneys' fees and expenses incurred in preventing any collection by the person. (d) This section shall become effective on and after January 1, 1998, and shall apply to all contracts entered into, renewed, extended, or amended on or after that date, and to obligations arising from any business written or transaction occurring covered by reinsurance after January 1, 1998, pursuant to any contract, including those in existence prior to the effective date. Acts 1997, No. 1000, § 26.

(a) The amount recoverable by the liquidator from reinsurers shall not be reduced as a result of the delinquency proceedings, regardless of any provision in the reinsurance contract or other agreement.

(b) All reinsurance contracts to which an insurer domiciled in this state is a party that do not contain the provisions required with respect to the obligation of reinsurers in the event of insolvency of the reinsured in order to obtain credit for reinsurance or other applicable statutes, shall be construed to contain the following provisions: (1) (A) In the event of insolvency and the appointment of a receiver, the reinsurance obligation shall be payable to the receiver upon demand, with reasonable provision for verification, on the basis of claims allowed pursuant to this subchapter, without diminution because of the insolvency or because the receiver has failed to pay all or a portion of any claims. (B) Payments by the reinsurer as set forth above shall be made directly to the ceding insurer or to its receiver; and (2) (A) The receiver of a reinsured company shall give written notice of the pendency of a claim against the reinsured company indicating the policy or bond reinsured within a reasonable time after the claim is filed. (B) The receiver of a reinsured company may arrange for the giving of notice of the pendency of claims on reinsured policies by guaranty funds or by other persons responsible for the adjustment and settlement of the reinsured company's claims. (C) Failure to give notice shall not excuse the obligation of the reinsurer unless it is substantially prejudiced thereby. (D) The reinsurer may interpose, at its own expense, in the proceeding where the claim is to be adjudicated, any defense or defenses which it may deem available to the reinsured company or its receiver.

(1) (A) In the event of insolvency and the appointment of a receiver, the reinsurance obligation shall be payable to the receiver upon demand, with reasonable provision for verification, on the basis of claims allowed pursuant to this subchapter, without diminution because of the insolvency or because the receiver has failed to pay all or a portion of any claims. (B) Payments by the reinsurer as set forth above shall be made directly to the ceding insurer or to its receiver; and

(A) In the event of insolvency and the appointment of a receiver, the reinsurance obligation shall be payable to the receiver upon demand, with reasonable provision for verification, on the basis of claims allowed pursuant to this subchapter, without diminution because of the insolvency or because the receiver has failed to pay all or a portion of any claims.

(B) Payments by the reinsurer as set forth above shall be made directly to the ceding insurer or to its receiver; and

(2) (A) The receiver of a reinsured company shall give written notice of the pendency of a claim against the reinsured company indicating the policy or bond reinsured within a reasonable time after the claim is filed. (B) The receiver of a reinsured company may arrange for the giving of notice of the pendency of claims on reinsured policies by guaranty funds or by other persons responsible for the adjustment and settlement of the reinsured company's claims. (C) Failure to give notice shall not excuse the obligation of the reinsurer unless it is substantially prejudiced thereby. (D) The reinsurer may interpose, at its own expense, in the proceeding where the claim is to be adjudicated, any defense or defenses which it may deem available to the reinsured company or its receiver.

(A) The receiver of a reinsured company shall give written notice of the pendency of a claim against the reinsured company indicating the policy or bond reinsured within a reasonable time after the claim is filed.

(B) The receiver of a reinsured company may arrange for the giving of notice of the pendency of claims on reinsured policies by guaranty funds or by other persons responsible for the adjustment and settlement of the reinsured company's claims.

(C) Failure to give notice shall not excuse the obligation of the reinsurer unless it is substantially prejudiced thereby.

(D) The reinsurer may interpose, at its own expense, in the proceeding where the claim is to be adjudicated, any defense or defenses which it may deem available to the reinsured company or its receiver.

(c) (1) Payments by the reinsurer as set forth shall be made directly to the ceding insurer or its receiver, except where the contract of insurance or reinsurance specifically provides for another payee in the event of insolvency of the ceding insurer in accordance with any applicable requirements of statutes, rules, or orders of the domiciliary state of the ceding insurer. (2) The receiver shall be entitled to recover from any person who unsuccessfully makes a claim directly against the reinsurer the receiver's attorneys' fees and expenses incurred in preventing any collection by the person.

(1) Payments by the reinsurer as set forth shall be made directly to the ceding insurer or its receiver, except where the contract of insurance or reinsurance specifically provides for another payee in the event of insolvency of the ceding insurer in accordance with any applicable requirements of statutes, rules, or orders of the domiciliary state of the ceding insurer.

(2) The receiver shall be entitled to recover from any person who unsuccessfully makes a claim directly against the reinsurer the receiver's attorneys' fees and expenses incurred in preventing any collection by the person.

(d) This section shall become effective on and after January 1, 1998, and shall apply to all contracts entered into, renewed, extended, or amended on or after that date, and to obligations arising from any business written or transaction occurring covered by reinsurance after January 1, 1998, pursuant to any contract, including those in existence prior to the effective date.

Acts 1997, No. 1000, § 26.
Ark. Code Ann. § 23-79-1101 — AR Code / Title 23 / Chapter 79 / Subchapter 11 / Section 23-79-1101
Title
Status: in_force

This subchapter shall be known and may be cited as the "Equity in Prescription Insurance and Contraceptive Coverage Act". Acts 2005, No. 2217, § 1.

This subchapter shall be known and may be cited as the "Equity in Prescription Insurance and Contraceptive Coverage Act".

Acts 2005, No. 2217, § 1.
Ark. Code Ann. § 23-13-233 — AR Code / Title 23 / Chapter 13 / Subchapter 2 / Section 23-13-233
Certificates, permits, and licenses - Amendment, revocation, and suspension
Status: in_force

(a) Any certificates, permits, or licenses, upon application of the holder thereof and in the discretion of the Arkansas Department of Transportation, may be amended or revoked, in whole or in part, or may upon complaint or on the department's own initiative, after notice and hearing, be suspended, changed, or revoked, in whole or in part, for: (1) Willful failure to comply with any provision of this subchapter, with any lawful order or rule of the department promulgated thereunder, or with any term, condition, or limitation of the certificate, permit, or license; (2) Failure to render reasonably continuous service in the transportation of all of the commodities authorized to be transported over all of the routes authorized to be traversed; (3) Failure to file a complete annual motor carrier report pursuant to Acts 1927, No. 129, as amended; or (4) Failure to timely pay ad valorem property taxes. (b) It is the intent of this section to require the department to suspend or revoke, after notice and hearing as hereafter provided, all or such part of the authority granted by any certificate which is not exercised reasonably continuously. (c) No certificate, permit, or license shall be revoked, except under application of the holder or violation of § 23-13-227 , unless the holder thereof willfully fails to comply within a reasonable time, not less than thirty (30) days, to be fixed by the department, with a lawful order of the department commanding obedience to the provisions of this subchapter, or to the rules of the department, or to the terms, conditions, or limitation of such certificate, permit, or license found by the department to have been violated by the holder. Amended by Act 2019, No. 315,§ 2430, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2429, eff. 7/24/2019. Amended by Act 2017, No. 707,§ 206, eff. 8/1/2017. Acts 1955, No. 397, § 14; 1983, No. 579, § 1; 1983, No. 602, § 1; A.S.A. 1947, § 73-1767.

(a) Any certificates, permits, or licenses, upon application of the holder thereof and in the discretion of the Arkansas Department of Transportation, may be amended or revoked, in whole or in part, or may upon complaint or on the department's own initiative, after notice and hearing, be suspended, changed, or revoked, in whole or in part, for: (1) Willful failure to comply with any provision of this subchapter, with any lawful order or rule of the department promulgated thereunder, or with any term, condition, or limitation of the certificate, permit, or license; (2) Failure to render reasonably continuous service in the transportation of all of the commodities authorized to be transported over all of the routes authorized to be traversed; (3) Failure to file a complete annual motor carrier report pursuant to Acts 1927, No. 129, as amended; or (4) Failure to timely pay ad valorem property taxes.

(1) Willful failure to comply with any provision of this subchapter, with any lawful order or rule of the department promulgated thereunder, or with any term, condition, or limitation of the certificate, permit, or license;

(2) Failure to render reasonably continuous service in the transportation of all of the commodities authorized to be transported over all of the routes authorized to be traversed;

(3) Failure to file a complete annual motor carrier report pursuant to Acts 1927, No. 129, as amended; or

(4) Failure to timely pay ad valorem property taxes.

(b) It is the intent of this section to require the department to suspend or revoke, after notice and hearing as hereafter provided, all or such part of the authority granted by any certificate which is not exercised reasonably continuously.

(c) No certificate, permit, or license shall be revoked, except under application of the holder or violation of § 23-13-227 , unless the holder thereof willfully fails to comply within a reasonable time, not less than thirty (30) days, to be fixed by the department, with a lawful order of the department commanding obedience to the provisions of this subchapter, or to the rules of the department, or to the terms, conditions, or limitation of such certificate, permit, or license found by the department to have been violated by the holder.

Amended by Act 2019, No. 315,§ 2430, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2429, eff. 7/24/2019.

Amended by Act 2017, No. 707,§ 206, eff. 8/1/2017.

Acts 1955, No. 397, § 14; 1983, No. 579, § 1; 1983, No. 602, § 1; A.S.A. 1947, § 73-1767.
Ark. Code Ann. § 23-88-202 — AR Code / Title 23 / Chapter 88 / Subchapter 2 / Section 23-88-202
Definition
Status: in_force

As used in this subchapter, "antiarson application" means any application for insurance covering the peril of fire that includes certain questions which shall be answered by the applicant in addition to the basic information normally supplied to an insurer by an applicant. Acts 1983, No. 359, § 2; A.S.A. 1947, § 66-5607.

As used in this subchapter, "antiarson application" means any application for insurance covering the peril of fire that includes certain questions which shall be answered by the applicant in addition to the basic information normally supplied to an insurer by an applicant.

Acts 1983, No. 359, § 2; A.S.A. 1947, § 66-5607.
Ark. Code Ann. § 23-37-308 — AR Code / Title 23 / Chapter 37 / Subchapter 3 / Section 23-37-308
Insurance of accounts
Status: in_force

No association chartered under this chapter shall carry on the business of a savings and loan association in this state until it has filed with the Supervisor of Savings and Loan Associations satisfactory evidence that its savings accounts are insured by the Federal Savings and Loan Insurance Corporation [abolished] or other similar agency or corporation of the United States. Acts 1963, No. 227, § 31; A.S.A. 1947, § 67-1831.

No association chartered under this chapter shall carry on the business of a savings and loan association in this state until it has filed with the Supervisor of Savings and Loan Associations satisfactory evidence that its savings accounts are insured by the Federal Savings and Loan Insurance Corporation [abolished] or other similar agency or corporation of the United States.

Acts 1963, No. 227, § 31; A.S.A. 1947, § 67-1831.
Ark. Code Ann. § 23-47-608 — AR Code / Title 23 / Chapter 47 / Subchapter 6 / Section 23-47-608
Authority to act through subsidiaries
Status: in_force

With prior notice to the Bank Commissioner and in accordance with the state and federal law, state banks are authorized to engage in activities through financial subsidiaries. Acts 2001, No. 62, § 1.

With prior notice to the Bank Commissioner and in accordance with the state and federal law, state banks are authorized to engage in activities through financial subsidiaries.

Acts 2001, No. 62, § 1.
Ark. Code Ann. § 23-16-507 — AR Code / Title 23 / Chapter 16 / Subchapter 5 / Section 23-16-507
Maintenance and repair program
Status: in_force

(a) A contract carrier shall establish a maintenance and repair program to include at least weekly inspections under this section. (b) A contract carrier's maintenance and repair program shall include checking parts and accessories for safety and proper operation at all times, including the items under subsection (c) of this section, and overall cleanliness of the motor vehicle. (c) A motor vehicle used by a contract carrier shall have: (1) Tires with sufficient tread as prescribed under 49 C.F.R. § 393.75 , as in effect on January 1, 2009; (2) A spare tire that is fully inflated; (3) A secured location for personal baggage, including proper restraints; (4) Fully operational seatbelts for all passenger seats; (5) If the weather requires it, traction devices, studs, or chains; (6) A heater and air conditioner that are properly working with properly working fans; and (7) An emergency road kit that contains at least a tire inflating aerosol can, flares or reflective triangles, jumper cables, and a fire extinguisher. (d) A motor vehicle shall not be operated in a condition that is likely to cause an accident or mechanical breakdown. (e) (1) A contract carrier shall maintain records for its maintenance and repair program for each motor vehicle. (2) The records shall include: (A) Identifying information for the motor vehicle to include the vehicle identification number, make, year manufactured, and company identification number if one is provided; (B) Owner information if the contract carrier is not the owner of the vehicle; and (C) The history of inspections, repairs, and maintenance that describe the activity and the date the activity was performed. (3) (A) Except as provided under subdivision (e)(3)(B) of this section, the records under this subsection shall be maintained by the contract carrier at its place of business for one (1) year. (B) If the motor vehicle leaves the contract carrier's control, the records under this subsection shall be maintained by the contract carrier at its place of business for six (6) months. (f) A contract carrier and its officers, drivers, agents, and employees who are concerned with the inspection or maintenance of motor vehicles shall comply with and be knowledgeable of the contract carrier's maintenance and repair program under this section. Acts 2009, No. 243, § 1.

(a) A contract carrier shall establish a maintenance and repair program to include at least weekly inspections under this section.

(b) A contract carrier's maintenance and repair program shall include checking parts and accessories for safety and proper operation at all times, including the items under subsection (c) of this section, and overall cleanliness of the motor vehicle.

(c) A motor vehicle used by a contract carrier shall have: (1) Tires with sufficient tread as prescribed under 49 C.F.R. § 393.75 , as in effect on January 1, 2009; (2) A spare tire that is fully inflated; (3) A secured location for personal baggage, including proper restraints; (4) Fully operational seatbelts for all passenger seats; (5) If the weather requires it, traction devices, studs, or chains; (6) A heater and air conditioner that are properly working with properly working fans; and (7) An emergency road kit that contains at least a tire inflating aerosol can, flares or reflective triangles, jumper cables, and a fire extinguisher.

(1) Tires with sufficient tread as prescribed under 49 C.F.R. § 393.75 , as in effect on January 1, 2009;

(2) A spare tire that is fully inflated;

(3) A secured location for personal baggage, including proper restraints;

(4) Fully operational seatbelts for all passenger seats;

(5) If the weather requires it, traction devices, studs, or chains;

(6) A heater and air conditioner that are properly working with properly working fans; and

(7) An emergency road kit that contains at least a tire inflating aerosol can, flares or reflective triangles, jumper cables, and a fire extinguisher.

(d) A motor vehicle shall not be operated in a condition that is likely to cause an accident or mechanical breakdown.

(e) (1) A contract carrier shall maintain records for its maintenance and repair program for each motor vehicle. (2) The records shall include: (A) Identifying information for the motor vehicle to include the vehicle identification number, make, year manufactured, and company identification number if one is provided; (B) Owner information if the contract carrier is not the owner of the vehicle; and (C) The history of inspections, repairs, and maintenance that describe the activity and the date the activity was performed. (3) (A) Except as provided under subdivision (e)(3)(B) of this section, the records under this subsection shall be maintained by the contract carrier at its place of business for one (1) year. (B) If the motor vehicle leaves the contract carrier's control, the records under this subsection shall be maintained by the contract carrier at its place of business for six (6) months.

(1) A contract carrier shall maintain records for its maintenance and repair program for each motor vehicle.

(2) The records shall include: (A) Identifying information for the motor vehicle to include the vehicle identification number, make, year manufactured, and company identification number if one is provided; (B) Owner information if the contract carrier is not the owner of the vehicle; and (C) The history of inspections, repairs, and maintenance that describe the activity and the date the activity was performed.

(A) Identifying information for the motor vehicle to include the vehicle identification number, make, year manufactured, and company identification number if one is provided;

(B) Owner information if the contract carrier is not the owner of the vehicle; and

(C) The history of inspections, repairs, and maintenance that describe the activity and the date the activity was performed.

(3) (A) Except as provided under subdivision (e)(3)(B) of this section, the records under this subsection shall be maintained by the contract carrier at its place of business for one (1) year. (B) If the motor vehicle leaves the contract carrier's control, the records under this subsection shall be maintained by the contract carrier at its place of business for six (6) months.

(A) Except as provided under subdivision (e)(3)(B) of this section, the records under this subsection shall be maintained by the contract carrier at its place of business for one (1) year.

(B) If the motor vehicle leaves the contract carrier's control, the records under this subsection shall be maintained by the contract carrier at its place of business for six (6) months.

(f) A contract carrier and its officers, drivers, agents, and employees who are concerned with the inspection or maintenance of motor vehicles shall comply with and be knowledgeable of the contract carrier's maintenance and repair program under this section.

Acts 2009, No. 243, § 1.
Ark. Code Ann. § 23-18-525 — AR Code / Title 23 / Chapter 18 / Subchapter 5 / Section 23-18-525
Jurisdiction of courts
Status: in_force

Except as stated in §§ 23-18-505 , 23-18-506 , and 23-18-524 , a court of this state does not have jurisdiction to: (1) Hear or determine an issue, case, or controversy concerning a matter that was or could have been determined in a proceeding under this subchapter before the Arkansas Public Service Commission; or (2) Stop or delay the financing, construction, operation, or maintenance of a major utility facility except to enforce compliance with this subchapter or the provisions of a certificate issued under this subchapter after the exhaustion of administrative remedies before the commission. Acts 1973, No. 164, § 12; 1977, No. 866, § 1; A.S.A. 1947, § 73-276.11; Acts 2011, No. 910, § 11.

Except as stated in §§ 23-18-505 , 23-18-506 , and 23-18-524 , a court of this state does not have jurisdiction to:

(1) Hear or determine an issue, case, or controversy concerning a matter that was or could have been determined in a proceeding under this subchapter before the Arkansas Public Service Commission; or

(2) Stop or delay the financing, construction, operation, or maintenance of a major utility facility except to enforce compliance with this subchapter or the provisions of a certificate issued under this subchapter after the exhaustion of administrative remedies before the commission.

Acts 1973, No. 164, § 12; 1977, No. 866, § 1; A.S.A. 1947, § 73-276.11; Acts 2011, No. 910, § 11.
Ark. Code Ann. § 23-74-305 — AR Code / Title 23 / Chapter 74 / Subchapter 3 / Section 23-74-305
Consolidations and mergers
Status: in_force

(a) A domestic society may consolidate or merge with any other society by complying with the provisions of this section. It shall file with the Insurance Commissioner: (1) A certified copy of the written contract containing in full the terms and conditions of the consolidation or merger; (2) A sworn statement by the president and secretary or corresponding officers of each society showing the financial condition thereof on a date fixed by the commissioner but not earlier than December 31 next preceding the date of the contract; (3) A certificate of such officers, duly verified by their respective oaths, that the consolidation or merger has been approved by a two-thirds (2/3) vote of the supreme governing body of each society, the vote being conducted at a regular or special meeting of each such body, or, if the society's laws so permit, by mail; and (4) Evidence that at least sixty (60) days prior to the action of the supreme governing body of each society, the text of the contract has been furnished to all members of each society either by mail or by publication in full of the official publication of each society. (b) If the commissioner finds that the contract is in conformity with the provisions of this section, that the financial statements are correct, and that the consolidation or merger is just and equitable to the members of each society, the commissioner shall approve the contract and issue a certificate to such effect. Upon such approval, the contract shall be in full force and effect unless any society which is a party to the contract is incorporated under the laws of any other state or territory. In that event, the consolidation or merger shall not become effective unless and until it has been approved as provided by the laws of the state or territory and a certificate of the approval filed with the commissioner of this state, or, if the laws of the state or territory contain no such provision, then the consolidation or merger shall not become effective unless and until it has been approved by the commissioner of the state or territory and a certificate of the approval filed with the commissioner of this state. In case such a contract is not approved, it shall be inoperative, and the fact of the submission and its contents shall not be disclosed by the commissioner. (c) Upon the consolidation's or merger's becoming effective as provided in this section, all the rights, franchises, and interests of the consolidated or merged societies in and to every species of property, real, personal, or mixed, and things in action thereunto belonging, shall be vested in the society resulting from or remaining after the consolidation or merger without any other instrument, except that conveyances of real property may be evidenced by proper deeds, and the title to any real estate or interest therein, vested under the laws of this state in any of the societies consolidated or merged, shall not revert or be in any way impaired by reason of the consolidation or merger, but shall vest absolutely in the society resulting from or remaining after the consolidation or merger. (d) The affidavit of any officer of the society or of anyone authorized by it to mail any notice or document stating that the notice or document has been duly addressed and mailed shall be prima facie evidence that the notice or document has been furnished the addressees. Acts 1989, No. 881, § 1.

(a) A domestic society may consolidate or merge with any other society by complying with the provisions of this section. It shall file with the Insurance Commissioner: (1) A certified copy of the written contract containing in full the terms and conditions of the consolidation or merger; (2) A sworn statement by the president and secretary or corresponding officers of each society showing the financial condition thereof on a date fixed by the commissioner but not earlier than December 31 next preceding the date of the contract; (3) A certificate of such officers, duly verified by their respective oaths, that the consolidation or merger has been approved by a two-thirds (2/3) vote of the supreme governing body of each society, the vote being conducted at a regular or special meeting of each such body, or, if the society's laws so permit, by mail; and (4) Evidence that at least sixty (60) days prior to the action of the supreme governing body of each society, the text of the contract has been furnished to all members of each society either by mail or by publication in full of the official publication of each society.

(1) A certified copy of the written contract containing in full the terms and conditions of the consolidation or merger;

(2) A sworn statement by the president and secretary or corresponding officers of each society showing the financial condition thereof on a date fixed by the commissioner but not earlier than December 31 next preceding the date of the contract;

(3) A certificate of such officers, duly verified by their respective oaths, that the consolidation or merger has been approved by a two-thirds (2/3) vote of the supreme governing body of each society, the vote being conducted at a regular or special meeting of each such body, or, if the society's laws so permit, by mail; and

(4) Evidence that at least sixty (60) days prior to the action of the supreme governing body of each society, the text of the contract has been furnished to all members of each society either by mail or by publication in full of the official publication of each society.

(b) If the commissioner finds that the contract is in conformity with the provisions of this section, that the financial statements are correct, and that the consolidation or merger is just and equitable to the members of each society, the commissioner shall approve the contract and issue a certificate to such effect. Upon such approval, the contract shall be in full force and effect unless any society which is a party to the contract is incorporated under the laws of any other state or territory. In that event, the consolidation or merger shall not become effective unless and until it has been approved as provided by the laws of the state or territory and a certificate of the approval filed with the commissioner of this state, or, if the laws of the state or territory contain no such provision, then the consolidation or merger shall not become effective unless and until it has been approved by the commissioner of the state or territory and a certificate of the approval filed with the commissioner of this state. In case such a contract is not approved, it shall be inoperative, and the fact of the submission and its contents shall not be disclosed by the commissioner.

(c) Upon the consolidation's or merger's becoming effective as provided in this section, all the rights, franchises, and interests of the consolidated or merged societies in and to every species of property, real, personal, or mixed, and things in action thereunto belonging, shall be vested in the society resulting from or remaining after the consolidation or merger without any other instrument, except that conveyances of real property may be evidenced by proper deeds, and the title to any real estate or interest therein, vested under the laws of this state in any of the societies consolidated or merged, shall not revert or be in any way impaired by reason of the consolidation or merger, but shall vest absolutely in the society resulting from or remaining after the consolidation or merger.

(d) The affidavit of any officer of the society or of anyone authorized by it to mail any notice or document stating that the notice or document has been duly addressed and mailed shall be prima facie evidence that the notice or document has been furnished the addressees.

Acts 1989, No. 881, § 1.
Ark. Code Ann. § 23-85-128 — AR Code / Title 23 / Chapter 85 / Section 23-85-128
Refusal to renew policy
Status: in_force

(a) Accident and health insurance policies in which the insurer reserves the right to refuse renewal on an individual basis shall provide in substance in a provision thereof, in an endorsement thereon, or rider attached thereto that, subject to the right to terminate the policy for nonpayment of premium when due, the right to refuse renewal may not be exercised so as to take effect before the renewal date occurring on or after the next policy anniversary, or in the case of lapse and reinstatement, at the renewal date occurring on or after the next anniversary of the last reinstatement. The provision, endorsement, or rider shall also state that any refusal of renewal shall be without prejudice to any claim originating while the policy is in force. (b) The reference to lapse and reinstatement in subsection (a) of this section may be omitted at the insurer's option. Acts 1959, No. 148, § 412; 1975, No. 729, § 6; A.S.A. 1947, § 66-3627; Acts 2001, No. 909, § 6.

(a) Accident and health insurance policies in which the insurer reserves the right to refuse renewal on an individual basis shall provide in substance in a provision thereof, in an endorsement thereon, or rider attached thereto that, subject to the right to terminate the policy for nonpayment of premium when due, the right to refuse renewal may not be exercised so as to take effect before the renewal date occurring on or after the next policy anniversary, or in the case of lapse and reinstatement, at the renewal date occurring on or after the next anniversary of the last reinstatement. The provision, endorsement, or rider shall also state that any refusal of renewal shall be without prejudice to any claim originating while the policy is in force.

(b) The reference to lapse and reinstatement in subsection (a) of this section may be omitted at the insurer's option.

Acts 1959, No. 148, § 412; 1975, No. 729, § 6; A.S.A. 1947, § 66-3627; Acts 2001, No. 909, § 6.
Ark. Code Ann. § 23-63-516 — AR Code / Title 23 / Chapter 63 / Subchapter 5 / Section 23-63-516
Examination
Status: in_force

(a) Power of Insurance Commissioner. Subject to the limitation contained in this section and in addition to the powers of the Insurance Commissioner under § 23-61-101 et seq., § 23-61-201 et seq., and § 23-61-301 et seq. to examine insurers, the commissioner may examine an insurer registered under § 23-63-514 and the insurer's affiliates to ascertain the financial condition of the insurer, including the enterprise risk to the insurer by the ultimate controlling party, by any entity or combination of entities within the insurance holding company system, or by the insurance holding company system on a consolidated basis. (b) Access to Books and Records. (1) The commissioner may order an insurer registered under § 23-63-514 to produce books, records, or other information in the possession of affiliates as reasonably necessary to determine the registered insurer's compliance with this subchapter. (2) (A) In order to determine compliance with this subchapter, the commissioner may order an insurer registered under § 23-63-514 to produce information not in the possession of the insurer if the insurer can obtain access to the information under contractual relationships, statutory obligations, or other methods. (B) (i) If the insurer is unable to produce the information requested by the commissioner, the insurer shall provide an acceptable explanation to the commissioner and identify the holder of the information. (ii) However, if it appears to the commissioner that the insurer's explanation is without merit, the commissioner, after notice and a hearing, may: (a) Require the insurer to pay a penalty of one hundred dollars ($100) per day until the commissioner receives the requested information; or (b) Suspend or revoke the insurer's certificate of authority to transact business in this state. (c) Use of Consultants. The commissioner may retain at the insurer's expense attorneys, actuaries, accountants, and other experts not otherwise a part of the commissioner's staff as reasonably necessary to assist in an examination under subsection (a) of this section. Any person retained as a consultant shall be under the direction and control of the commissioner and shall act in an advisory capacity. (d) Expenses. Each registered insurer producing for examination records, books, and papers under subsection (a) of this section shall be liable for and shall pay the expense of the examination in accordance with § 23-61-101 et seq., § 23-61-201 et seq., and § 23-61-301 et seq. (e) Production. (1) (A) If an insurer fails to comply with an order of the commissioner, the commissioner may examine the insurer's affiliates to obtain the information. (B) The commissioner may issue subpoenas, administer oaths, and examine under oath any person for purposes of determining compliance with this section. (2) (A) Upon the failure or refusal of a person to obey a subpoena, the commissioner may petition a court of competent jurisdiction, and upon a proper showing, the court may enter an order compelling the witness to appear and testify or to produce documentary evidence. (B) Failure to obey the court order is punishable as contempt of court. (3) (A) When subpoenaed, a person shall attend as a witness at the place specified in the subpoena anywhere in this state. (B) (i) A person under subpoena is entitled to the same fees and mileage as a witness in a civil action in a circuit court in this state. (ii) In order to receive reimbursement for fees, mileage, and actual expenses, if any, necessarily incurred by a person under subpoena, the fees, mileage, and actual expenses shall be itemized, charged to, and paid by the insurer being examined. Amended by Act 2015, No. 1223,§ 12, eff. 7/22/2015. Acts 1971, No. 288, § 8; A.S.A. 1947, § 66-5008; Acts 1991, No. 723, § 25.

(a) Power of Insurance Commissioner. Subject to the limitation contained in this section and in addition to the powers of the Insurance Commissioner under § 23-61-101 et seq., § 23-61-201 et seq., and § 23-61-301 et seq. to examine insurers, the commissioner may examine an insurer registered under § 23-63-514 and the insurer's affiliates to ascertain the financial condition of the insurer, including the enterprise risk to the insurer by the ultimate controlling party, by any entity or combination of entities within the insurance holding company system, or by the insurance holding company system on a consolidated basis.

(b) Access to Books and Records. (1) The commissioner may order an insurer registered under § 23-63-514 to produce books, records, or other information in the possession of affiliates as reasonably necessary to determine the registered insurer's compliance with this subchapter. (2) (A) In order to determine compliance with this subchapter, the commissioner may order an insurer registered under § 23-63-514 to produce information not in the possession of the insurer if the insurer can obtain access to the information under contractual relationships, statutory obligations, or other methods. (B) (i) If the insurer is unable to produce the information requested by the commissioner, the insurer shall provide an acceptable explanation to the commissioner and identify the holder of the information. (ii) However, if it appears to the commissioner that the insurer's explanation is without merit, the commissioner, after notice and a hearing, may: (a) Require the insurer to pay a penalty of one hundred dollars ($100) per day until the commissioner receives the requested information; or (b) Suspend or revoke the insurer's certificate of authority to transact business in this state. (c) Use of Consultants. The commissioner may retain at the insurer's expense attorneys, actuaries, accountants, and other experts not otherwise a part of the commissioner's staff as reasonably necessary to assist in an examination under subsection (a) of this section. Any person retained as a consultant shall be under the direction and control of the commissioner and shall act in an advisory capacity. (d) Expenses. Each registered insurer producing for examination records, books, and papers under subsection (a) of this section shall be liable for and shall pay the expense of the examination in accordance with § 23-61-101 et seq., § 23-61-201 et seq., and § 23-61-301 et seq. (e) Production. (1) (A) If an insurer fails to comply with an order of the commissioner, the commissioner may examine the insurer's affiliates to obtain the information. (B) The commissioner may issue subpoenas, administer oaths, and examine under oath any person for purposes of determining compliance with this section. (2) (A) Upon the failure or refusal of a person to obey a subpoena, the commissioner may petition a court of competent jurisdiction, and upon a proper showing, the court may enter an order compelling the witness to appear and testify or to produce documentary evidence. (B) Failure to obey the court order is punishable as contempt of court. (3) (A) When subpoenaed, a person shall attend as a witness at the place specified in the subpoena anywhere in this state. (B) (i) A person under subpoena is entitled to the same fees and mileage as a witness in a civil action in a circuit court in this state. (ii) In order to receive reimbursement for fees, mileage, and actual expenses, if any, necessarily incurred by a person under subpoena, the fees, mileage, and actual expenses shall be itemized, charged to, and paid by the insurer being examined.

(1) The commissioner may order an insurer registered under § 23-63-514 to produce books, records, or other information in the possession of affiliates as reasonably necessary to determine the registered insurer's compliance with this subchapter.

(2) (A) In order to determine compliance with this subchapter, the commissioner may order an insurer registered under § 23-63-514 to produce information not in the possession of the insurer if the insurer can obtain access to the information under contractual relationships, statutory obligations, or other methods. (B) (i) If the insurer is unable to produce the information requested by the commissioner, the insurer shall provide an acceptable explanation to the commissioner and identify the holder of the information. (ii) However, if it appears to the commissioner that the insurer's explanation is without merit, the commissioner, after notice and a hearing, may: (a) Require the insurer to pay a penalty of one hundred dollars ($100) per day until the commissioner receives the requested information; or (b) Suspend or revoke the insurer's certificate of authority to transact business in this state. (c) Use of Consultants. The commissioner may retain at the insurer's expense attorneys, actuaries, accountants, and other experts not otherwise a part of the commissioner's staff as reasonably necessary to assist in an examination under subsection (a) of this section. Any person retained as a consultant shall be under the direction and control of the commissioner and shall act in an advisory capacity. (d) Expenses. Each registered insurer producing for examination records, books, and papers under subsection (a) of this section shall be liable for and shall pay the expense of the examination in accordance with § 23-61-101 et seq., § 23-61-201 et seq., and § 23-61-301 et seq. (e) Production. (1) (A) If an insurer fails to comply with an order of the commissioner, the commissioner may examine the insurer's affiliates to obtain the information. (B) The commissioner may issue subpoenas, administer oaths, and examine under oath any person for purposes of determining compliance with this section. (2) (A) Upon the failure or refusal of a person to obey a subpoena, the commissioner may petition a court of competent jurisdiction, and upon a proper showing, the court may enter an order compelling the witness to appear and testify or to produce documentary evidence. (B) Failure to obey the court order is punishable as contempt of court. (3) (A) When subpoenaed, a person shall attend as a witness at the place specified in the subpoena anywhere in this state. (B) (i) A person under subpoena is entitled to the same fees and mileage as a witness in a civil action in a circuit court in this state. (ii) In order to receive reimbursement for fees, mileage, and actual expenses, if any, necessarily incurred by a person under subpoena, the fees, mileage, and actual expenses shall be itemized, charged to, and paid by the insurer being examined.

(A) In order to determine compliance with this subchapter, the commissioner may order an insurer registered under § 23-63-514 to produce information not in the possession of the insurer if the insurer can obtain access to the information under contractual relationships, statutory obligations, or other methods.

(B) (i) If the insurer is unable to produce the information requested by the commissioner, the insurer shall provide an acceptable explanation to the commissioner and identify the holder of the information. (ii) However, if it appears to the commissioner that the insurer's explanation is without merit, the commissioner, after notice and a hearing, may: (a) Require the insurer to pay a penalty of one hundred dollars ($100) per day until the commissioner receives the requested information; or (b) Suspend or revoke the insurer's certificate of authority to transact business in this state. (c) Use of Consultants. The commissioner may retain at the insurer's expense attorneys, actuaries, accountants, and other experts not otherwise a part of the commissioner's staff as reasonably necessary to assist in an examination under subsection (a) of this section. Any person retained as a consultant shall be under the direction and control of the commissioner and shall act in an advisory capacity. (d) Expenses. Each registered insurer producing for examination records, books, and papers under subsection (a) of this section shall be liable for and shall pay the expense of the examination in accordance with § 23-61-101 et seq., § 23-61-201 et seq., and § 23-61-301 et seq. (e) Production. (1) (A) If an insurer fails to comply with an order of the commissioner, the commissioner may examine the insurer's affiliates to obtain the information. (B) The commissioner may issue subpoenas, administer oaths, and examine under oath any person for purposes of determining compliance with this section. (2) (A) Upon the failure or refusal of a person to obey a subpoena, the commissioner may petition a court of competent jurisdiction, and upon a proper showing, the court may enter an order compelling the witness to appear and testify or to produce documentary evidence. (B) Failure to obey the court order is punishable as contempt of court. (3) (A) When subpoenaed, a person shall attend as a witness at the place specified in the subpoena anywhere in this state. (B) (i) A person under subpoena is entitled to the same fees and mileage as a witness in a civil action in a circuit court in this state. (ii) In order to receive reimbursement for fees, mileage, and actual expenses, if any, necessarily incurred by a person under subpoena, the fees, mileage, and actual expenses shall be itemized, charged to, and paid by the insurer being examined.

(i) If the insurer is unable to produce the information requested by the commissioner, the insurer shall provide an acceptable explanation to the commissioner and identify the holder of the information.

(ii) However, if it appears to the commissioner that the insurer's explanation is without merit, the commissioner, after notice and a hearing, may: (a) Require the insurer to pay a penalty of one hundred dollars ($100) per day until the commissioner receives the requested information; or (b) Suspend or revoke the insurer's certificate of authority to transact business in this state. (c) Use of Consultants. The commissioner may retain at the insurer's expense attorneys, actuaries, accountants, and other experts not otherwise a part of the commissioner's staff as reasonably necessary to assist in an examination under subsection (a) of this section. Any person retained as a consultant shall be under the direction and control of the commissioner and shall act in an advisory capacity. (d) Expenses. Each registered insurer producing for examination records, books, and papers under subsection (a) of this section shall be liable for and shall pay the expense of the examination in accordance with § 23-61-101 et seq., § 23-61-201 et seq., and § 23-61-301 et seq. (e) Production. (1) (A) If an insurer fails to comply with an order of the commissioner, the commissioner may examine the insurer's affiliates to obtain the information. (B) The commissioner may issue subpoenas, administer oaths, and examine under oath any person for purposes of determining compliance with this section. (2) (A) Upon the failure or refusal of a person to obey a subpoena, the commissioner may petition a court of competent jurisdiction, and upon a proper showing, the court may enter an order compelling the witness to appear and testify or to produce documentary evidence. (B) Failure to obey the court order is punishable as contempt of court. (3) (A) When subpoenaed, a person shall attend as a witness at the place specified in the subpoena anywhere in this state. (B) (i) A person under subpoena is entitled to the same fees and mileage as a witness in a civil action in a circuit court in this state. (ii) In order to receive reimbursement for fees, mileage, and actual expenses, if any, necessarily incurred by a person under subpoena, the fees, mileage, and actual expenses shall be itemized, charged to, and paid by the insurer being examined.

(a) Require the insurer to pay a penalty of one hundred dollars ($100) per day until the commissioner receives the requested information; or

(b) Suspend or revoke the insurer's certificate of authority to transact business in this state.

(c) Use of Consultants. The commissioner may retain at the insurer's expense attorneys, actuaries, accountants, and other experts not otherwise a part of the commissioner's staff as reasonably necessary to assist in an examination under subsection (a) of this section. Any person retained as a consultant shall be under the direction and control of the commissioner and shall act in an advisory capacity.

(d) Expenses. Each registered insurer producing for examination records, books, and papers under subsection (a) of this section shall be liable for and shall pay the expense of the examination in accordance with § 23-61-101 et seq., § 23-61-201 et seq., and § 23-61-301 et seq.

(e) Production. (1) (A) If an insurer fails to comply with an order of the commissioner, the commissioner may examine the insurer's affiliates to obtain the information. (B) The commissioner may issue subpoenas, administer oaths, and examine under oath any person for purposes of determining compliance with this section. (2) (A) Upon the failure or refusal of a person to obey a subpoena, the commissioner may petition a court of competent jurisdiction, and upon a proper showing, the court may enter an order compelling the witness to appear and testify or to produce documentary evidence. (B) Failure to obey the court order is punishable as contempt of court. (3) (A) When subpoenaed, a person shall attend as a witness at the place specified in the subpoena anywhere in this state. (B) (i) A person under subpoena is entitled to the same fees and mileage as a witness in a civil action in a circuit court in this state. (ii) In order to receive reimbursement for fees, mileage, and actual expenses, if any, necessarily incurred by a person under subpoena, the fees, mileage, and actual expenses shall be itemized, charged to, and paid by the insurer being examined.

(1) (A) If an insurer fails to comply with an order of the commissioner, the commissioner may examine the insurer's affiliates to obtain the information. (B) The commissioner may issue subpoenas, administer oaths, and examine under oath any person for purposes of determining compliance with this section.

(A) If an insurer fails to comply with an order of the commissioner, the commissioner may examine the insurer's affiliates to obtain the information.

(B) The commissioner may issue subpoenas, administer oaths, and examine under oath any person for purposes of determining compliance with this section.

(2) (A) Upon the failure or refusal of a person to obey a subpoena, the commissioner may petition a court of competent jurisdiction, and upon a proper showing, the court may enter an order compelling the witness to appear and testify or to produce documentary evidence. (B) Failure to obey the court order is punishable as contempt of court.

(A) Upon the failure or refusal of a person to obey a subpoena, the commissioner may petition a court of competent jurisdiction, and upon a proper showing, the court may enter an order compelling the witness to appear and testify or to produce documentary evidence.

(B) Failure to obey the court order is punishable as contempt of court.

(3) (A) When subpoenaed, a person shall attend as a witness at the place specified in the subpoena anywhere in this state. (B) (i) A person under subpoena is entitled to the same fees and mileage as a witness in a civil action in a circuit court in this state. (ii) In order to receive reimbursement for fees, mileage, and actual expenses, if any, necessarily incurred by a person under subpoena, the fees, mileage, and actual expenses shall be itemized, charged to, and paid by the insurer being examined.

(A) When subpoenaed, a person shall attend as a witness at the place specified in the subpoena anywhere in this state.

(B) (i) A person under subpoena is entitled to the same fees and mileage as a witness in a civil action in a circuit court in this state. (ii) In order to receive reimbursement for fees, mileage, and actual expenses, if any, necessarily incurred by a person under subpoena, the fees, mileage, and actual expenses shall be itemized, charged to, and paid by the insurer being examined.

(i) A person under subpoena is entitled to the same fees and mileage as a witness in a civil action in a circuit court in this state.

(ii) In order to receive reimbursement for fees, mileage, and actual expenses, if any, necessarily incurred by a person under subpoena, the fees, mileage, and actual expenses shall be itemized, charged to, and paid by the insurer being examined.

Amended by Act 2015, No. 1223,§ 12, eff. 7/22/2015.

Acts 1971, No. 288, § 8; A.S.A. 1947, § 66-5008; Acts 1991, No. 723, § 25.
Ark. Code Ann. § 23-79-135 — AR Code / Title 23 / Chapter 79 / Subchapter 1 / Section 23-79-135
Prompt payment of certain claims required
Status: in_force

In any case in which an insured under any hospital, medical, or surgical policy or plan, or any accident policy, becomes entitled to benefits thereunder in an amount of three hundred dollars ($300) or less and the company, association, or organization, except governmental or nonprofit organizations, issuing the policy or plan denies liability or fails to pay benefits within a reasonable time after demand is made therefor by the insured or member, then the company, association, or organization shall be liable to the insured for the benefits, and, in addition thereto, a penalty in an amount equal to benefits to which the insured is found to be entitled. Acts 1965, No. 419, § 1; A.S.A. 1947, § 66-3243.

In any case in which an insured under any hospital, medical, or surgical policy or plan, or any accident policy, becomes entitled to benefits thereunder in an amount of three hundred dollars ($300) or less and the company, association, or organization, except governmental or nonprofit organizations, issuing the policy or plan denies liability or fails to pay benefits within a reasonable time after demand is made therefor by the insured or member, then the company, association, or organization shall be liable to the insured for the benefits, and, in addition thereto, a penalty in an amount equal to benefits to which the insured is found to be entitled.

Acts 1965, No. 419, § 1; A.S.A. 1947, § 66-3243.
Ark. Code Ann. § 23-64-606 — AR Code / Title 23 / Chapter 64 / Subchapter 6 / Section 23-64-606
[See Note] Licensed producer - Certification required
Status: in_force

A person shall not act as a certified licensed producer in this state through a health insurance marketplace unless certified under this subchapter. Added by Act 2013, No. 1439,§ 1, eff. when (1) The United States Department of Health and Human Services or other responsible federal agency or federal official notifies the Governor, the Insurance Commissioner, or other responsible state agency or state official pursuant to the federal healthcare laws established by Pub. L. No. 111-148, as amended by Pub. L. No. 111-152, and any amendments thereto, or regulations or guidance issued under those federal statutes; or (2) A health insurance marketplace is initiated and is operable in this state..

A person shall not act as a certified licensed producer in this state through a health insurance marketplace unless certified under this subchapter.

Added by Act 2013, No. 1439,§ 1, eff. when (1) The United States Department of Health and Human Services or other responsible federal agency or federal official notifies the Governor, the Insurance Commissioner, or other responsible state agency or state official pursuant to the federal healthcare laws established by Pub. L. No. 111-148, as amended by Pub. L. No. 111-152, and any amendments thereto, or regulations or guidance issued under those federal statutes; or (2) A health insurance marketplace is initiated and is operable in this state..
Ark. Code Ann. § 23-63-107 — AR Code / Title 23 / Chapter 63 / Subchapter 1 / Section 23-63-107
Prompt processing of payment by insurer
Status: in_force

(a) An insurer shall not intentionally or unreasonably delay, for more than three (3) business days after presentment for collection, the processing of any properly executed and endorsed check, draft, or electronic funds transfer issued in settlement of an insurance claim. (b) It is the intent of the General Assembly that an insured or a claimant be paid the insured's or the claimant's settlement proceeds at the earliest possible time. (c) Any insurer violating this section shall pay the insured or the claimant a penalty of two hundred dollars ($200) or fifteen percent (15%) of the face amount of the check, draft, or electronic funds transfer, whichever is higher. Amended by Act 2021, No. 367,§ 10, eff. 7/28/2021. Acts 1983, No. 477, § 3; A.S.A. 1947, § 66-2018.

(a) An insurer shall not intentionally or unreasonably delay, for more than three (3) business days after presentment for collection, the processing of any properly executed and endorsed check, draft, or electronic funds transfer issued in settlement of an insurance claim.

(b) It is the intent of the General Assembly that an insured or a claimant be paid the insured's or the claimant's settlement proceeds at the earliest possible time.

(c) Any insurer violating this section shall pay the insured or the claimant a penalty of two hundred dollars ($200) or fifteen percent (15%) of the face amount of the check, draft, or electronic funds transfer, whichever is higher.

Amended by Act 2021, No. 367,§ 10, eff. 7/28/2021.

Acts 1983, No. 477, § 3; A.S.A. 1947, § 66-2018.
Ark. Code Ann. § 23-51-187 — AR Code / Title 23 / Chapter 51 / Section 23-51-187
Confidential records
Status: in_force

(a) The following records of the State Bank Department shall be confidential and shall not be exhibited or revealed to the public except as stated in this section or in accordance with department rules: (1) All examination reports filed with the department; (2) All records disclosing information obtained from examinations; (3) Investigations and reports revealing facts concerning a state trust company or the customers of the organization; and (4) All personal financial statements submitted to the department for any purpose. (b) Notwithstanding any provision of this section to the contrary, records deemed confidential in accordance with this section may, in the Bank Commissioner's discretion, be disclosed as follows: (1) Under a validly issued subpoena and, in the interest of justice, the commissioner may waive the privilege created herein and produce examination reports and other related documents under the provisions of a protective order entered by a court or administrative tribunal of competent jurisdiction when the order is designed to protect the confidential nature of the information so disclosed from public dissemination; (2) Official orders of the department may be disclosed within the discretion of the commissioner if the commissioner makes a determination that such a disclosure would not give advantage to a competitor or adversely affect the safety and soundness of the state trust company; and (3) To federal financial institutions' regulatory agencies and financial institutions' regulatory agencies of other states. (c) The commissioner shall have the power to promulgate rules with regard to disclosure of confidential information. Amended by Act 2019, No. 315,§ 2604, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2603, eff. 7/24/2019. Acts 1997, No. 940, § 87.

(a) The following records of the State Bank Department shall be confidential and shall not be exhibited or revealed to the public except as stated in this section or in accordance with department rules: (1) All examination reports filed with the department; (2) All records disclosing information obtained from examinations; (3) Investigations and reports revealing facts concerning a state trust company or the customers of the organization; and (4) All personal financial statements submitted to the department for any purpose.

(1) All examination reports filed with the department;

(2) All records disclosing information obtained from examinations;

(3) Investigations and reports revealing facts concerning a state trust company or the customers of the organization; and

(4) All personal financial statements submitted to the department for any purpose.

(b) Notwithstanding any provision of this section to the contrary, records deemed confidential in accordance with this section may, in the Bank Commissioner's discretion, be disclosed as follows: (1) Under a validly issued subpoena and, in the interest of justice, the commissioner may waive the privilege created herein and produce examination reports and other related documents under the provisions of a protective order entered by a court or administrative tribunal of competent jurisdiction when the order is designed to protect the confidential nature of the information so disclosed from public dissemination; (2) Official orders of the department may be disclosed within the discretion of the commissioner if the commissioner makes a determination that such a disclosure would not give advantage to a competitor or adversely affect the safety and soundness of the state trust company; and (3) To federal financial institutions' regulatory agencies and financial institutions' regulatory agencies of other states.

(1) Under a validly issued subpoena and, in the interest of justice, the commissioner may waive the privilege created herein and produce examination reports and other related documents under the provisions of a protective order entered by a court or administrative tribunal of competent jurisdiction when the order is designed to protect the confidential nature of the information so disclosed from public dissemination;

(2) Official orders of the department may be disclosed within the discretion of the commissioner if the commissioner makes a determination that such a disclosure would not give advantage to a competitor or adversely affect the safety and soundness of the state trust company; and

(3) To federal financial institutions' regulatory agencies and financial institutions' regulatory agencies of other states.

(c) The commissioner shall have the power to promulgate rules with regard to disclosure of confidential information.

Amended by Act 2019, No. 315,§ 2604, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2603, eff. 7/24/2019.

Acts 1997, No. 940, § 87.
Ark. Code Ann. § 23-86-122 — AR Code / Title 23 / Chapter 86 / Subchapter 1 / Section 23-86-122
Prior approval process for experimental and investigational surgical products and medical devices - Definition
Status: in_force

(a) As used in this section: (1) "Health carrier" means a: (A) Health maintenance organization; (B) Hospital medical service corporation; and (C) Disability insurance company; (2) "Health carrier" includes a: (A) Self-insured governmental or church plan; and (B) Third-party administrator that administers or adjusts disability benefits for a disability insurer, hospital medical service corporation, health maintenance organization, self-insured governmental plan, or self-insured church plan; and (3) "Health carrier" does not include: (A) An automobile insurer paying medical or hospital benefits under § 23-89-202(1) or a self-insured employer health benefits plan; or (B) A person, company, or organization licensed or registered to issue or that issues an insurance policy or insurance contract in this state as described in §§ 23-62-102 and 23-62-104 - 23-62-107 providing medical or hospital benefits for accidental injury or disability. (b) A health carrier that excludes or denies coverage for a specific surgical product or medical device approved for marketing by the United States Food and Drug Administration as experimental or investigational, or both, shall develop a process by which a surgeon, before utilizing the surgical product or medical device, may present medical evidence to obtain a review for the individual patient for coverage of the surgical product or medical device. Amended by Act 2015, No. 1164,§ 6, eff. 7/22/2015. Added by Act 2013, No. 464,§ 1, eff. 8/16/2013.

(a) As used in this section: (1) "Health carrier" means a: (A) Health maintenance organization; (B) Hospital medical service corporation; and (C) Disability insurance company; (2) "Health carrier" includes a: (A) Self-insured governmental or church plan; and (B) Third-party administrator that administers or adjusts disability benefits for a disability insurer, hospital medical service corporation, health maintenance organization, self-insured governmental plan, or self-insured church plan; and (3) "Health carrier" does not include: (A) An automobile insurer paying medical or hospital benefits under § 23-89-202(1) or a self-insured employer health benefits plan; or (B) A person, company, or organization licensed or registered to issue or that issues an insurance policy or insurance contract in this state as described in §§ 23-62-102 and 23-62-104 - 23-62-107 providing medical or hospital benefits for accidental injury or disability.

(1) "Health carrier" means a: (A) Health maintenance organization; (B) Hospital medical service corporation; and (C) Disability insurance company;

(A) Health maintenance organization;

(B) Hospital medical service corporation; and

(C) Disability insurance company;

(2) "Health carrier" includes a: (A) Self-insured governmental or church plan; and (B) Third-party administrator that administers or adjusts disability benefits for a disability insurer, hospital medical service corporation, health maintenance organization, self-insured governmental plan, or self-insured church plan; and

(A) Self-insured governmental or church plan; and

(B) Third-party administrator that administers or adjusts disability benefits for a disability insurer, hospital medical service corporation, health maintenance organization, self-insured governmental plan, or self-insured church plan; and

(3) "Health carrier" does not include: (A) An automobile insurer paying medical or hospital benefits under § 23-89-202(1) or a self-insured employer health benefits plan; or (B) A person, company, or organization licensed or registered to issue or that issues an insurance policy or insurance contract in this state as described in §§ 23-62-102 and 23-62-104 - 23-62-107 providing medical or hospital benefits for accidental injury or disability.

(A) An automobile insurer paying medical or hospital benefits under § 23-89-202(1) or a self-insured employer health benefits plan; or

(B) A person, company, or organization licensed or registered to issue or that issues an insurance policy or insurance contract in this state as described in §§ 23-62-102 and 23-62-104 - 23-62-107 providing medical or hospital benefits for accidental injury or disability.

(b) A health carrier that excludes or denies coverage for a specific surgical product or medical device approved for marketing by the United States Food and Drug Administration as experimental or investigational, or both, shall develop a process by which a surgeon, before utilizing the surgical product or medical device, may present medical evidence to obtain a review for the individual patient for coverage of the surgical product or medical device.

Amended by Act 2015, No. 1164,§ 6, eff. 7/22/2015.

Added by Act 2013, No. 464,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 23-63-1401 — AR Code / Title 23 / Chapter 63 / Subchapter 14 / Section 23-63-1401
Short title
Status: in_force

This subchapter may be cited as the "Disclosure of Material Transactions Act". Acts 1995, No. 625, § 1.

This subchapter may be cited as the "Disclosure of Material Transactions Act".

Acts 1995, No. 625, § 1.
Ark. Code Ann. § 23-63-301 — AR Code / Title 23 / Chapter 63 / Subchapter 3 / Section 23-63-301
Registered office and registered agent for foreign or alien insurer and domestic reciprocal insurers
Status: in_force

Each foreign insurer applying for a certificate of authority to transact business in Arkansas and every domestic reciprocal insurer must designate and continuously maintain in the state: (1) A registered office that may be the same as any of its places of business; and (2) A registered agent, who may be: (A) An individual who resides in this state and whose business office is identical with the registered office; (B) A state bank, domestic corporation, or not-for-profit corporation whose business office is identical with the registered office; or (C) A foreign corporation or foreign not-for-profit corporation authorized to transact business in this state whose business office is identical with the registered office. (3) (A) On and after January 1, 2002, all foreign and alien insurers and all domestic reciprocal insurers holding a subsisting certificate of authority upon August 13, 2001, shall be subject to the provisions of this subchapter, and no later than January 1, 2003, shall file with the Insurance Commissioner the information required in this subchapter to designate an Arkansas-registered agent. (B) In the event no registered agent has yet been selected and appointed on the commissioner's list for any foreign or alien insurer or domestic reciprocal insurer licensed by the commissioner, service may be processed through the commissioner as agent or by other methods of service provided under Arkansas law to be effective until a new registered agent has been appointed on the records of the commissioner. (4) In this subchapter licensed foreign insurers shall be deemed to include licensed alien insurers. Acts 1959, No. 148, § 60; A.S.A. 1947, § 66-2218; Acts 2001, No. 1604, § 30.

Each foreign insurer applying for a certificate of authority to transact business in Arkansas and every domestic reciprocal insurer must designate and continuously maintain in the state:

(1) A registered office that may be the same as any of its places of business; and

(2) A registered agent, who may be: (A) An individual who resides in this state and whose business office is identical with the registered office; (B) A state bank, domestic corporation, or not-for-profit corporation whose business office is identical with the registered office; or (C) A foreign corporation or foreign not-for-profit corporation authorized to transact business in this state whose business office is identical with the registered office.

(A) An individual who resides in this state and whose business office is identical with the registered office;

(B) A state bank, domestic corporation, or not-for-profit corporation whose business office is identical with the registered office; or

(C) A foreign corporation or foreign not-for-profit corporation authorized to transact business in this state whose business office is identical with the registered office.

(3) (A) On and after January 1, 2002, all foreign and alien insurers and all domestic reciprocal insurers holding a subsisting certificate of authority upon August 13, 2001, shall be subject to the provisions of this subchapter, and no later than January 1, 2003, shall file with the Insurance Commissioner the information required in this subchapter to designate an Arkansas-registered agent. (B) In the event no registered agent has yet been selected and appointed on the commissioner's list for any foreign or alien insurer or domestic reciprocal insurer licensed by the commissioner, service may be processed through the commissioner as agent or by other methods of service provided under Arkansas law to be effective until a new registered agent has been appointed on the records of the commissioner.

(A) On and after January 1, 2002, all foreign and alien insurers and all domestic reciprocal insurers holding a subsisting certificate of authority upon August 13, 2001, shall be subject to the provisions of this subchapter, and no later than January 1, 2003, shall file with the Insurance Commissioner the information required in this subchapter to designate an Arkansas-registered agent.

(B) In the event no registered agent has yet been selected and appointed on the commissioner's list for any foreign or alien insurer or domestic reciprocal insurer licensed by the commissioner, service may be processed through the commissioner as agent or by other methods of service provided under Arkansas law to be effective until a new registered agent has been appointed on the records of the commissioner.

(4) In this subchapter licensed foreign insurers shall be deemed to include licensed alien insurers.

Acts 1959, No. 148, § 60; A.S.A. 1947, § 66-2218; Acts 2001, No. 1604, § 30.
Ark. Code Ann. § 23-94-212 — AR Code / Title 23 / Chapter 94 / Subchapter 2 / Section 23-94-212
Administrative and procedural authority regarding risk retention groups and purchasing groups
Status: in_force

The commissioner is authorized to make use of any of the powers established under the Arkansas Insurance Code to enforce the laws of this state not specifically preempted by the Liability Risk Retention Act of 1986, including the commissioner's administrative authority to investigate, issue subpoena, conduct depositions and hearings, issue orders, impose penalties, and seek injunctive relief. With regard to any investigation, administrative proceedings, or litigation, the commissioner can rely on the procedural laws of this state. The injunctive authority of the commissioner, in regard to risk retention groups, is restricted by the requirement that any injunction be issued by a court of competent jurisdiction. Acts 1995, No. 623, § 1.

The commissioner is authorized to make use of any of the powers established under the Arkansas Insurance Code to enforce the laws of this state not specifically preempted by the Liability Risk Retention Act of 1986, including the commissioner's administrative authority to investigate, issue subpoena, conduct depositions and hearings, issue orders, impose penalties, and seek injunctive relief. With regard to any investigation, administrative proceedings, or litigation, the commissioner can rely on the procedural laws of this state. The injunctive authority of the commissioner, in regard to risk retention groups, is restricted by the requirement that any injunction be issued by a court of competent jurisdiction.

Acts 1995, No. 623, § 1.
Ark. Code Ann. § 23-35-701 — AR Code / Title 23 / Chapter 35 / Subchapter 7 / Section 23-35-701
Merger
Status: in_force

(a) Any credit union other than a central credit union may, with the approval of the State Credit Union Supervisor, merge with any other credit union under the existing charter of the other credit union, pursuant to any plan agreed upon by the majority of the board of directors of each credit union joining in the merger and approved by the affirmative vote of a majority of the members of each credit union present at the meetings of members duly called for that purpose. The supervisor may waive the common bond requirement of this chapter for merging credit unions if he or she determines that good cause has been shown for waiving the requirement and that the merger is consistent with the purposes of this chapter. (b) (1) After agreement by the directors and approval by the members of each credit union, the president and secretary of each credit union shall execute a certificate of merger, which shall set forth all of the following: (A) The time and place of the meeting of the board of directors at which the plan was agreed upon; (B) The vote in favor of adoption of the plan; (C) A copy of the resolution or other action by which the plan was agreed upon; (D) The time and place of the meeting of the members at which the plan agreed upon was approved; (E) The vote by which the plan was approved by the members; and (F) Such other provisions as set by rule or order of the supervisor. (2) The certificates and a copy of the plan of merger agreed upon shall be forwarded to the supervisor and, if approved, returned to the merging credit unions. (c) Upon any such merger so effected, all property, property rights, and interests of the merged credit union shall vest in the surviving credit union without deed, endorsement, or other instrument of transfer. All debts, obligations, and liabilities of the merged credit union shall be deemed to have been assumed by the surviving credit union under whose charter the merger was effected. (d) This section shall be construed, whenever possible, to permit a credit union chartered under any other act to merge with one subject to the provisions of this chapter. Acts 1971, No. 132, § 29; 1975, No. 530, § 18; A.S.A. 1947, § 67-929.

(a) Any credit union other than a central credit union may, with the approval of the State Credit Union Supervisor, merge with any other credit union under the existing charter of the other credit union, pursuant to any plan agreed upon by the majority of the board of directors of each credit union joining in the merger and approved by the affirmative vote of a majority of the members of each credit union present at the meetings of members duly called for that purpose. The supervisor may waive the common bond requirement of this chapter for merging credit unions if he or she determines that good cause has been shown for waiving the requirement and that the merger is consistent with the purposes of this chapter.

(b) (1) After agreement by the directors and approval by the members of each credit union, the president and secretary of each credit union shall execute a certificate of merger, which shall set forth all of the following: (A) The time and place of the meeting of the board of directors at which the plan was agreed upon; (B) The vote in favor of adoption of the plan; (C) A copy of the resolution or other action by which the plan was agreed upon; (D) The time and place of the meeting of the members at which the plan agreed upon was approved; (E) The vote by which the plan was approved by the members; and (F) Such other provisions as set by rule or order of the supervisor. (2) The certificates and a copy of the plan of merger agreed upon shall be forwarded to the supervisor and, if approved, returned to the merging credit unions.

(1) After agreement by the directors and approval by the members of each credit union, the president and secretary of each credit union shall execute a certificate of merger, which shall set forth all of the following: (A) The time and place of the meeting of the board of directors at which the plan was agreed upon; (B) The vote in favor of adoption of the plan; (C) A copy of the resolution or other action by which the plan was agreed upon; (D) The time and place of the meeting of the members at which the plan agreed upon was approved; (E) The vote by which the plan was approved by the members; and (F) Such other provisions as set by rule or order of the supervisor.

(A) The time and place of the meeting of the board of directors at which the plan was agreed upon;

(B) The vote in favor of adoption of the plan;

(C) A copy of the resolution or other action by which the plan was agreed upon;

(D) The time and place of the meeting of the members at which the plan agreed upon was approved;

(E) The vote by which the plan was approved by the members; and

(F) Such other provisions as set by rule or order of the supervisor.

(2) The certificates and a copy of the plan of merger agreed upon shall be forwarded to the supervisor and, if approved, returned to the merging credit unions.

(c) Upon any such merger so effected, all property, property rights, and interests of the merged credit union shall vest in the surviving credit union without deed, endorsement, or other instrument of transfer. All debts, obligations, and liabilities of the merged credit union shall be deemed to have been assumed by the surviving credit union under whose charter the merger was effected.

(d) This section shall be construed, whenever possible, to permit a credit union chartered under any other act to merge with one subject to the provisions of this chapter.

Acts 1971, No. 132, § 29; 1975, No. 530, § 18; A.S.A. 1947, § 67-929.
Ark. Code Ann. § 23-68-103 — AR Code / Title 23 / Chapter 68 / Section 23-68-103
Delinquency proceedings generally
Status: in_force

(a) The Pulaski County Circuit Court shall have original jurisdiction of delinquency proceedings under this chapter, and that court is authorized to make all necessary or proper orders to carry out the purposes of this chapter. (b) The venue of delinquency proceedings against a domestic, foreign, or alien insurer shall be in the Pulaski County Circuit Court. (c) Delinquency proceedings pursuant to this chapter shall constitute the sole and exclusive method of liquidating, rehabilitating, reorganizing, or conserving an insurer, and no court shall entertain a petition for the commencement of such proceedings unless the petition has been filed in the name of the state on the relation of the Insurance Commissioner. (d) An appeal shall lie to the Supreme Court from an order granting or refusing rehabilitation, liquidation, or conservation, and from every other order in delinquency proceedings having the character of a final order as to the particular portion of the proceedings embraced therein. Acts 1959, No. 148, § 639; 1985, No. 804, § 19; A.S.A. 1947, § 66-4802; Acts 1997, No. 1000, § 7.

(a) The Pulaski County Circuit Court shall have original jurisdiction of delinquency proceedings under this chapter, and that court is authorized to make all necessary or proper orders to carry out the purposes of this chapter.

(b) The venue of delinquency proceedings against a domestic, foreign, or alien insurer shall be in the Pulaski County Circuit Court.

(c) Delinquency proceedings pursuant to this chapter shall constitute the sole and exclusive method of liquidating, rehabilitating, reorganizing, or conserving an insurer, and no court shall entertain a petition for the commencement of such proceedings unless the petition has been filed in the name of the state on the relation of the Insurance Commissioner.

(d) An appeal shall lie to the Supreme Court from an order granting or refusing rehabilitation, liquidation, or conservation, and from every other order in delinquency proceedings having the character of a final order as to the particular portion of the proceedings embraced therein.

Acts 1959, No. 148, § 639; 1985, No. 804, § 19; A.S.A. 1947, § 66-4802; Acts 1997, No. 1000, § 7.
Ark. Code Ann. § 23-18-314 — AR Code / Title 23 / Chapter 18 / Subchapter 3 / Section 23-18-314
Certificate of incorporation
Status: in_force

(a) Upon the issuance of a certificate of incorporation by the Secretary of State, the corporate existence of the corporation shall begin. (b) The certificate of incorporation shall be conclusive evidence, except as against the state, that all conditions precedent required to be performed by the incorporators have been complied with and that the corporation has been incorporated under this subchapter. Acts 1937, No. 342, § 9; Pope's Dig., § 2323; A.S.A. 1947, § 77-1109.

(a) Upon the issuance of a certificate of incorporation by the Secretary of State, the corporate existence of the corporation shall begin.

(b) The certificate of incorporation shall be conclusive evidence, except as against the state, that all conditions precedent required to be performed by the incorporators have been complied with and that the corporation has been incorporated under this subchapter.

Acts 1937, No. 342, § 9; Pope's Dig., § 2323; A.S.A. 1947, § 77-1109.
Ark. Code Ann. § 23-69-313 — AR Code / Title 23 / Chapter 69 / Subchapter 3 / Section 23-69-313
Mergers and acquisitions
Status: in_force

(a) Subject to applicable requirements of this subchapter and the Insurance Holding Company Regulatory Act, § 23-63-501 et seq., a mutual insurance holding company may: (1) Merge or consolidate with, or acquire the assets of, a mutual insurance holding company licensed under this subchapter or any similar entity organized under laws of any other state; (2) Either alone or together with one (1) or more intermediate stock holding companies or other subsidiaries, directly or indirectly acquire the stock of a stock insurance company or a mutual insurance company that reorganizes under this subchapter or the law of its state of organization; (3) Together with one (1) or more of its stock insurance company subsidiaries, acquire the assets of a stock insurance company or a mutual insurance company; or (4) Acquire a stock insurance company through the merger of the stock insurance company with a stock insurance company subsidiary of the mutual insurance holding company. (b) (1) A merger or acquisition under this section is subject to the applicable procedures prescribed by the laws applying to domestic insurance companies, except as otherwise provided in this subsection. (2) The commissioner may retain, at the expense of the mutual insurance company, any attorneys, actuaries, accountants, economists, and other experts not otherwise a part of the commissioner's staff as may be reasonably necessary to assist the commissioner in reviewing the proposed merger or acquisition. (3) The plan and agreement for merger shall be submitted to and approved by vote of two-thirds (2/3) of those members of any domestic mutual insurance holding company involved in the merger who vote either in person or by proxy thereon at a lawful meeting called for that purpose, after reasonable notice and in accordance with procedure approved by the commissioner. (4) No such merger shall be effectuated unless the plan and agreement have been filed with the commissioner and approved by him or her in advance. The commissioner shall give such approval unless he or she finds that such a plan or agreement: (A) Is inequitable to the policyholders of any domestic insurer involved in the merger or the members of any domestic mutual insurance holding company involved in the merger; or (B) Would substantially reduce the security of and service to be rendered to policyholders of a domestic insurer in this state. Acts 2001, No. 1726, § 1.

(a) Subject to applicable requirements of this subchapter and the Insurance Holding Company Regulatory Act, § 23-63-501 et seq., a mutual insurance holding company may: (1) Merge or consolidate with, or acquire the assets of, a mutual insurance holding company licensed under this subchapter or any similar entity organized under laws of any other state; (2) Either alone or together with one (1) or more intermediate stock holding companies or other subsidiaries, directly or indirectly acquire the stock of a stock insurance company or a mutual insurance company that reorganizes under this subchapter or the law of its state of organization; (3) Together with one (1) or more of its stock insurance company subsidiaries, acquire the assets of a stock insurance company or a mutual insurance company; or (4) Acquire a stock insurance company through the merger of the stock insurance company with a stock insurance company subsidiary of the mutual insurance holding company.

(1) Merge or consolidate with, or acquire the assets of, a mutual insurance holding company licensed under this subchapter or any similar entity organized under laws of any other state;

(2) Either alone or together with one (1) or more intermediate stock holding companies or other subsidiaries, directly or indirectly acquire the stock of a stock insurance company or a mutual insurance company that reorganizes under this subchapter or the law of its state of organization;

(3) Together with one (1) or more of its stock insurance company subsidiaries, acquire the assets of a stock insurance company or a mutual insurance company; or

(4) Acquire a stock insurance company through the merger of the stock insurance company with a stock insurance company subsidiary of the mutual insurance holding company.

(b) (1) A merger or acquisition under this section is subject to the applicable procedures prescribed by the laws applying to domestic insurance companies, except as otherwise provided in this subsection. (2) The commissioner may retain, at the expense of the mutual insurance company, any attorneys, actuaries, accountants, economists, and other experts not otherwise a part of the commissioner's staff as may be reasonably necessary to assist the commissioner in reviewing the proposed merger or acquisition. (3) The plan and agreement for merger shall be submitted to and approved by vote of two-thirds (2/3) of those members of any domestic mutual insurance holding company involved in the merger who vote either in person or by proxy thereon at a lawful meeting called for that purpose, after reasonable notice and in accordance with procedure approved by the commissioner. (4) No such merger shall be effectuated unless the plan and agreement have been filed with the commissioner and approved by him or her in advance. The commissioner shall give such approval unless he or she finds that such a plan or agreement: (A) Is inequitable to the policyholders of any domestic insurer involved in the merger or the members of any domestic mutual insurance holding company involved in the merger; or (B) Would substantially reduce the security of and service to be rendered to policyholders of a domestic insurer in this state.

(1) A merger or acquisition under this section is subject to the applicable procedures prescribed by the laws applying to domestic insurance companies, except as otherwise provided in this subsection.

(2) The commissioner may retain, at the expense of the mutual insurance company, any attorneys, actuaries, accountants, economists, and other experts not otherwise a part of the commissioner's staff as may be reasonably necessary to assist the commissioner in reviewing the proposed merger or acquisition.

(3) The plan and agreement for merger shall be submitted to and approved by vote of two-thirds (2/3) of those members of any domestic mutual insurance holding company involved in the merger who vote either in person or by proxy thereon at a lawful meeting called for that purpose, after reasonable notice and in accordance with procedure approved by the commissioner.

(4) No such merger shall be effectuated unless the plan and agreement have been filed with the commissioner and approved by him or her in advance. The commissioner shall give such approval unless he or she finds that such a plan or agreement: (A) Is inequitable to the policyholders of any domestic insurer involved in the merger or the members of any domestic mutual insurance holding company involved in the merger; or (B) Would substantially reduce the security of and service to be rendered to policyholders of a domestic insurer in this state.

(A) Is inequitable to the policyholders of any domestic insurer involved in the merger or the members of any domestic mutual insurance holding company involved in the merger; or

(B) Would substantially reduce the security of and service to be rendered to policyholders of a domestic insurer in this state.

Acts 2001, No. 1726, § 1.
Ark. Code Ann. § 23-4-502 — AR Code / Title 23 / Chapter 4 / Subchapter 5 / Section 23-4-502
Filing interim rate schedule
Status: in_force

A public utility as defined in § 23-1-101 may recover all investments and expenses described in § 23-4-501 by filing with the Arkansas Public Service Commission, no more frequently than one (1) time every six (6) months, an interim rate schedule that would impose a separate surcharge in addition to its currently effective rates until the implementation of new rate schedules in connection with the next general rate filing of the public utility in which such investments and expenses can be included in the public utility's base rate schedules. Amended by Act 2015, No. 1000,§ 3, eff. 4/2/2015. Acts 1981, No. 310, § 2; 1983, No. 262, § 1; A.S.A. 1947, § 73-217.2.

A public utility as defined in § 23-1-101 may recover all investments and expenses described in § 23-4-501 by filing with the Arkansas Public Service Commission, no more frequently than one (1) time every six (6) months, an interim rate schedule that would impose a separate surcharge in addition to its currently effective rates until the implementation of new rate schedules in connection with the next general rate filing of the public utility in which such investments and expenses can be included in the public utility's base rate schedules.

Amended by Act 2015, No. 1000,§ 3, eff. 4/2/2015.

Acts 1981, No. 310, § 2; 1983, No. 262, § 1; A.S.A. 1947, § 73-217.2.
Ark. Code Ann. § 23-66-318 — AR Code / Title 23 / Chapter 66 / Subchapter 3 / Section 23-66-318
Claims or loss histories - Provision for copies to named insureds
Status: in_force

(a) (1) A vendor of loss history information shall make all disclosures and furnish the reports without charge to the insured if within thirty (30) days after receipt by the insured of a notification of declination, cancellation, nonrenewal, or reduction in coverage the insured so requests. (2) Otherwise, the vendor of loss history information may impose a reasonable charge on the insured for making disclosure. (b) Property and casualty insurers are not required to send such reports to named insureds when transmitting the data or reports to licensed rate service or advisory organizations for statistical or statutory data compilation purposes. (c) (1) The provisions of this section are intended to and shall apply only to personal lines insurance issued by property and casualty insurers authorized to transact insurance business in this state, and are not intended to apply to commercial lines property and casualty insurance. (2) The provisions of this section are not intended to conflict with any state insurance laws which require insurers to furnish loss histories to insureds or named insureds upon request. Acts 1993, No. 1008, § 1.

(a) (1) A vendor of loss history information shall make all disclosures and furnish the reports without charge to the insured if within thirty (30) days after receipt by the insured of a notification of declination, cancellation, nonrenewal, or reduction in coverage the insured so requests. (2) Otherwise, the vendor of loss history information may impose a reasonable charge on the insured for making disclosure.

(1) A vendor of loss history information shall make all disclosures and furnish the reports without charge to the insured if within thirty (30) days after receipt by the insured of a notification of declination, cancellation, nonrenewal, or reduction in coverage the insured so requests.

(2) Otherwise, the vendor of loss history information may impose a reasonable charge on the insured for making disclosure.

(b) Property and casualty insurers are not required to send such reports to named insureds when transmitting the data or reports to licensed rate service or advisory organizations for statistical or statutory data compilation purposes.

(c) (1) The provisions of this section are intended to and shall apply only to personal lines insurance issued by property and casualty insurers authorized to transact insurance business in this state, and are not intended to apply to commercial lines property and casualty insurance. (2) The provisions of this section are not intended to conflict with any state insurance laws which require insurers to furnish loss histories to insureds or named insureds upon request.

(1) The provisions of this section are intended to and shall apply only to personal lines insurance issued by property and casualty insurers authorized to transact insurance business in this state, and are not intended to apply to commercial lines property and casualty insurance.

(2) The provisions of this section are not intended to conflict with any state insurance laws which require insurers to furnish loss histories to insureds or named insureds upon request.

Acts 1993, No. 1008, § 1.
Ark. Code Ann. § 23-88-104 — AR Code / Title 23 / Chapter 88 / Subchapter 1 / Section 23-88-104
Fire protection to be considered in property insurance rating plans
Status: in_force

When making a rate or rule filing, an insurer shall include an impact statement concerning the filing's effect on fire protection in the affected area unless the insurer utilizes a public protection classification system maintained by a licensed advisory organization. Acts 2003, No. 1749, § 1.

When making a rate or rule filing, an insurer shall include an impact statement concerning the filing's effect on fire protection in the affected area unless the insurer utilizes a public protection classification system maintained by a licensed advisory organization.

Acts 2003, No. 1749, § 1.
Ark. Code Ann. § 23-13-246 — AR Code / Title 23 / Chapter 13 / Subchapter 2 / Section 23-13-246
Contract carriers - Schedule of minimum rates and charges, rules, and practices - Adherence to schedule required - Exceptions
Status: in_force

(a) No contract carrier by motor vehicle shall demand, charge, or collect a less compensation for the transportation than the charges filed in accordance with § 23-13-245 , as affected by any rule or practice so filed, or may be prescribed by the Arkansas Department of Transportation from time to time. (b) It shall be unlawful for any contract carrier, by the furnishing of special services, facilities, or privileges, or by any other device whatsoever, to charge, accept, or receive less than the minimum charges so filed or prescribed. (c) However, any contract carrier, or any class or group thereof, may apply to the department for the relief from the provisions of § 23-13-245 , and the department after hearing may grant such relief to such extent and for such time, and in such manner as in its judgment is consistent with the public interest and the transportation policy declared in this subchapter. Amended by Act 2019, No. 315,§ 2441, eff. 7/24/2019. Amended by Act 2017, No. 707,§ 216, eff. 8/1/2017. Acts 1955, No. 397, § 17[18]; A.S.A. 1947, § 73-1771.

(a) No contract carrier by motor vehicle shall demand, charge, or collect a less compensation for the transportation than the charges filed in accordance with § 23-13-245 , as affected by any rule or practice so filed, or may be prescribed by the Arkansas Department of Transportation from time to time.

(b) It shall be unlawful for any contract carrier, by the furnishing of special services, facilities, or privileges, or by any other device whatsoever, to charge, accept, or receive less than the minimum charges so filed or prescribed.

(c) However, any contract carrier, or any class or group thereof, may apply to the department for the relief from the provisions of § 23-13-245 , and the department after hearing may grant such relief to such extent and for such time, and in such manner as in its judgment is consistent with the public interest and the transportation policy declared in this subchapter.

Amended by Act 2019, No. 315,§ 2441, eff. 7/24/2019.

Amended by Act 2017, No. 707,§ 216, eff. 8/1/2017.

Acts 1955, No. 397, § 17[18]; A.S.A. 1947, § 73-1771.
Ark. Code Ann. § 23-76-129 — AR Code / Title 23 / Chapter 76 / Section 23-76-129
Medical information confidential - Exceptions
Status: in_force

(a) Any data or information pertaining to the diagnosis, treatment, or health of any enrollee or applicant obtained from the person or from any provider by any health maintenance organization shall be held in confidence and shall not be disclosed to any person except to the extent that it may be necessary to carry out the purposes of this chapter, upon the express consent of the enrollee or applicant, pursuant to statute or court order for the production of evidence or the discovery thereof or in the event of claim of litigation between the person and the health maintenance organization wherein the data or information is pertinent. (b) A health maintenance organization shall be entitled to claim any statutory privileges against the disclosure which the provider who furnished the information to the health maintenance organization is entitled to claim. Acts 1975, No. 454, § 27; A.S.A. 1947, § 66-5227.

(a) Any data or information pertaining to the diagnosis, treatment, or health of any enrollee or applicant obtained from the person or from any provider by any health maintenance organization shall be held in confidence and shall not be disclosed to any person except to the extent that it may be necessary to carry out the purposes of this chapter, upon the express consent of the enrollee or applicant, pursuant to statute or court order for the production of evidence or the discovery thereof or in the event of claim of litigation between the person and the health maintenance organization wherein the data or information is pertinent.

(b) A health maintenance organization shall be entitled to claim any statutory privileges against the disclosure which the provider who furnished the information to the health maintenance organization is entitled to claim.

Acts 1975, No. 454, § 27; A.S.A. 1947, § 66-5227.
Ark. Code Ann. § 23-38-101 — AR Code / Title 23 / Chapter 38 / Subchapter 1 / Section 23-38-101
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1144,§ 4, eff. 8/16/2013. Acts 1929, No. 128, § 4a, as added by Acts 1931, No. 236, § 1; 1929, No. 128, §§ 5-7; 1931, No. 236, §§ 2, 3; Pope's Dig., §§ 979-982; A.S.A. 1947, §§ 67-801 -- 67-804.

Repealed by Act 2013, No. 1144,§ 4, eff. 8/16/2013.

Acts 1929, No. 128, § 4a, as added by Acts 1931, No. 236, § 1; 1929, No. 128, §§ 5-7; 1931, No. 236, §§ 2, 3; Pope's Dig., §§ 979-982; A.S.A. 1947, §§ 67-801 -- 67-804.
Ark. Code Ann. § 23-73-118 — AR Code / Title 23 / Chapter 73 / Section 23-73-118
Membership requirements
Status: in_force

The total membership of the association shall be at all times not less than the number of members required by § 23-73-112 . Acts 1997, No. 774, § 1.

The total membership of the association shall be at all times not less than the number of members required by § 23-73-112 .

Acts 1997, No. 774, § 1.
Ark. Code Ann. § 23-62-407 — AR Code / Title 23 / Chapter 62 / Subchapter 4 / Section 23-62-407
Duties of insurers utilizing the services of a reinsurance intermediary broker
Status: in_force

(a) An insurer shall not engage the services of any person, firm, association, or corporation to act as a reinsurance intermediary broker on its behalf unless the person is licensed as required by § 23-62-404 . (b) An insurer may not employ an individual who is employed by a reinsurance intermediary broker with which it transacts business, unless the reinsurance intermediary broker is under common control with the insurer and subject to the Insurance Holding Company Regulatory Act, § 23-63-501 et seq. (c) The insurer shall annually obtain a copy of statements of the financial condition of each reinsurance intermediary broker with which it transacts business. Acts 1993, No. 527, § 1.

(a) An insurer shall not engage the services of any person, firm, association, or corporation to act as a reinsurance intermediary broker on its behalf unless the person is licensed as required by § 23-62-404 .

(b) An insurer may not employ an individual who is employed by a reinsurance intermediary broker with which it transacts business, unless the reinsurance intermediary broker is under common control with the insurer and subject to the Insurance Holding Company Regulatory Act, § 23-63-501 et seq.

(c) The insurer shall annually obtain a copy of statements of the financial condition of each reinsurance intermediary broker with which it transacts business.

Acts 1993, No. 527, § 1.
Ark. Code Ann. § 23-89-303 — AR Code / Title 23 / Chapter 89 / Subchapter 3 / Section 23-89-303
Grounds for cancellation
Status: in_force

(a) A notice of cancellation of a policy shall be effective only if it is based on one (1) or more of the following reasons: (1) Nonpayment of premium; (2) The named insured or any driver of the insured vehicle shall be convicted of: (A) Driving while intoxicated; (B) Homicide or assault arising out of the use of a motor vehicle; or (C) Three (3) separate convictions of speeding or reckless driving, or any combination of the two (2) during the policy period, including three (3) months prior to the effective date of the policy; (3) The driver's license or motor vehicle registration of the named insured or of any other operator who either resides in the same household or customarily operates an automobile insured under this policy has been under suspension or revocation during the policy period or, if the policy is a renewal, during its policy period or the one hundred eighty (180) days immediately preceding its effective date; (4) Fraud or misrepresentation of a material fact, the knowledge of which would have caused the insurer to decline to issue a policy; or (5) Nonpayment of membership dues when they are a requirement in the bylaws, agreements, or other legal instruments of a company before issuance and maintenance of a policy under this subchapter. (b) This section shall not apply to any policy or coverage which has been in effect less than sixty (60) days at the time notice of cancellation is mailed or delivered by the insurer, unless it is a renewal policy. (c) This section shall not apply to nonrenewal. (d) (1) However, an insurer shall not be able to rescind bodily injury or property damage liability coverage under an insurance policy for fraud or misrepresentation with respect to any injury to a third party when suffered as a result of the insured's negligent operation of a motor vehicle. (2) Nothing in this subsection is intended to negate an insurer's right to rescind other coverages in the insurance policy purchased by the insured. Acts 1969, No. 333, § 2; A.S.A. 1947, § 66-4008; Acts 1993, No. 457, § 1; 2001, No. 1555, § 16.

(a) A notice of cancellation of a policy shall be effective only if it is based on one (1) or more of the following reasons: (1) Nonpayment of premium; (2) The named insured or any driver of the insured vehicle shall be convicted of: (A) Driving while intoxicated; (B) Homicide or assault arising out of the use of a motor vehicle; or (C) Three (3) separate convictions of speeding or reckless driving, or any combination of the two (2) during the policy period, including three (3) months prior to the effective date of the policy; (3) The driver's license or motor vehicle registration of the named insured or of any other operator who either resides in the same household or customarily operates an automobile insured under this policy has been under suspension or revocation during the policy period or, if the policy is a renewal, during its policy period or the one hundred eighty (180) days immediately preceding its effective date; (4) Fraud or misrepresentation of a material fact, the knowledge of which would have caused the insurer to decline to issue a policy; or (5) Nonpayment of membership dues when they are a requirement in the bylaws, agreements, or other legal instruments of a company before issuance and maintenance of a policy under this subchapter.

(1) Nonpayment of premium;

(2) The named insured or any driver of the insured vehicle shall be convicted of: (A) Driving while intoxicated; (B) Homicide or assault arising out of the use of a motor vehicle; or (C) Three (3) separate convictions of speeding or reckless driving, or any combination of the two (2) during the policy period, including three (3) months prior to the effective date of the policy;

(A) Driving while intoxicated;

(B) Homicide or assault arising out of the use of a motor vehicle; or

(C) Three (3) separate convictions of speeding or reckless driving, or any combination of the two (2) during the policy period, including three (3) months prior to the effective date of the policy;

(3) The driver's license or motor vehicle registration of the named insured or of any other operator who either resides in the same household or customarily operates an automobile insured under this policy has been under suspension or revocation during the policy period or, if the policy is a renewal, during its policy period or the one hundred eighty (180) days immediately preceding its effective date;

(4) Fraud or misrepresentation of a material fact, the knowledge of which would have caused the insurer to decline to issue a policy; or

(5) Nonpayment of membership dues when they are a requirement in the bylaws, agreements, or other legal instruments of a company before issuance and maintenance of a policy under this subchapter.

(b) This section shall not apply to any policy or coverage which has been in effect less than sixty (60) days at the time notice of cancellation is mailed or delivered by the insurer, unless it is a renewal policy.

(c) This section shall not apply to nonrenewal.

(d) (1) However, an insurer shall not be able to rescind bodily injury or property damage liability coverage under an insurance policy for fraud or misrepresentation with respect to any injury to a third party when suffered as a result of the insured's negligent operation of a motor vehicle. (2) Nothing in this subsection is intended to negate an insurer's right to rescind other coverages in the insurance policy purchased by the insured.

(1) However, an insurer shall not be able to rescind bodily injury or property damage liability coverage under an insurance policy for fraud or misrepresentation with respect to any injury to a third party when suffered as a result of the insured's negligent operation of a motor vehicle.

(2) Nothing in this subsection is intended to negate an insurer's right to rescind other coverages in the insurance policy purchased by the insured.

Acts 1969, No. 333, § 2; A.S.A. 1947, § 66-4008; Acts 1993, No. 457, § 1; 2001, No. 1555, § 16.
Ark. Code Ann. § 23-112-404 — AR Code / Title 23 / Chapter 112 / Subchapter 4 / Section 23-112-404
Motor vehicle lessors
Status: in_force

It is unlawful for a motor vehicle lessor or any agent, employee, or representative thereof: (1) To represent and to offer for sale or to sell as a new motor vehicle a motor vehicle that has been used or was intended to be used and operated for leasing or rental purposes or which is otherwise a used motor vehicle; (2) To resort to, use, or employ any false, fraudulent, deceptive, or misleading advertising or representations in connection with the business of leasing or renting motor vehicles; or (3) To sell or offer to sell a motor vehicle from an unlicensed location. Acts 1975, No. 388, § 5; 1985, No. 1032, § 3; 1985, No. 1058, § 3; A.S.A. 1947, § 75-2305; Acts 2009, No. 756, § 16.

It is unlawful for a motor vehicle lessor or any agent, employee, or representative thereof:

(1) To represent and to offer for sale or to sell as a new motor vehicle a motor vehicle that has been used or was intended to be used and operated for leasing or rental purposes or which is otherwise a used motor vehicle;

(2) To resort to, use, or employ any false, fraudulent, deceptive, or misleading advertising or representations in connection with the business of leasing or renting motor vehicles; or

(3) To sell or offer to sell a motor vehicle from an unlicensed location.

Acts 1975, No. 388, § 5; 1985, No. 1032, § 3; 1985, No. 1058, § 3; A.S.A. 1947, § 75-2305; Acts 2009, No. 756, § 16.
Ark. Code Ann. § 23-85-114 — AR Code / Title 23 / Chapter 85 / Section 23-85-114
Payment of claims provision
Status: in_force

(a) There shall be a provision as follows: "Payment of Claims: Indemnity for loss of life will be payable in accordance with the beneficiary designation and the provisions respecting such payment which may be prescribed herein and effective at the time of payment. If no such designation or provision is then effective, such indemnity shall be payable to the estate of the insured. Any other accrued indemnities unpaid at the insured's death may, at the option of the insurer, be paid either to such beneficiary or to such estate. All other indemnities will be payable to the insured." (b) The following provisions, or either of them, may be included with the foregoing provision at the option of the insurer: (1) "If any indemnity of this policy shall be payable to the estate of the insured, or to an insured or beneficiary who is a minor or otherwise not competent to give a valid release, the insurer may pay such indemnity, up to an amount not exceeding $............... (insert an amount which shall not exceed one thousand dollars ($1,000)), to any relative by blood or connection by marriage of the insured or beneficiary who is deemed by the insurer to be equitably entitled thereto. Any payment made by the insurer in good faith pursuant to this provision shall fully discharge the insurer to the extent of payment." (2) "Subject to any written direction of the insured in the application or otherwise, all or a portion of any indemnities provided by this policy on account of hospital, nursing, medical, or surgical services may be paid, at the insurer's option and unless the insured requests otherwise in writing not later than the time of filing proofs of such loss, directly to the hospital or person rendering such services, but it is not required that the service be rendered by a particular hospital or person." Acts 1959, No. 148, § 397; A.S.A. 1947, § 66-3612.

(a) There shall be a provision as follows: "Payment of Claims: Indemnity for loss of life will be payable in accordance with the beneficiary designation and the provisions respecting such payment which may be prescribed herein and effective at the time of payment. If no such designation or provision is then effective, such indemnity shall be payable to the estate of the insured. Any other accrued indemnities unpaid at the insured's death may, at the option of the insurer, be paid either to such beneficiary or to such estate. All other indemnities will be payable to the insured."

"Payment of Claims: Indemnity for loss of life will be payable in accordance with the beneficiary designation and the provisions respecting such payment which may be prescribed herein and effective at the time of payment. If no such designation or provision is then effective, such indemnity shall be payable to the estate of the insured. Any other accrued indemnities unpaid at the insured's death may, at the option of the insurer, be paid either to such beneficiary or to such estate. All other indemnities will be payable to the insured."

(b) The following provisions, or either of them, may be included with the foregoing provision at the option of the insurer: (1) "If any indemnity of this policy shall be payable to the estate of the insured, or to an insured or beneficiary who is a minor or otherwise not competent to give a valid release, the insurer may pay such indemnity, up to an amount not exceeding $............... (insert an amount which shall not exceed one thousand dollars ($1,000)), to any relative by blood or connection by marriage of the insured or beneficiary who is deemed by the insurer to be equitably entitled thereto. Any payment made by the insurer in good faith pursuant to this provision shall fully discharge the insurer to the extent of payment." (2) "Subject to any written direction of the insured in the application or otherwise, all or a portion of any indemnities provided by this policy on account of hospital, nursing, medical, or surgical services may be paid, at the insurer's option and unless the insured requests otherwise in writing not later than the time of filing proofs of such loss, directly to the hospital or person rendering such services, but it is not required that the service be rendered by a particular hospital or person."

(1) "If any indemnity of this policy shall be payable to the estate of the insured, or to an insured or beneficiary who is a minor or otherwise not competent to give a valid release, the insurer may pay such indemnity, up to an amount not exceeding $............... (insert an amount which shall not exceed one thousand dollars ($1,000)), to any relative by blood or connection by marriage of the insured or beneficiary who is deemed by the insurer to be equitably entitled thereto. Any payment made by the insurer in good faith pursuant to this provision shall fully discharge the insurer to the extent of payment."

(2) "Subject to any written direction of the insured in the application or otherwise, all or a portion of any indemnities provided by this policy on account of hospital, nursing, medical, or surgical services may be paid, at the insurer's option and unless the insured requests otherwise in writing not later than the time of filing proofs of such loss, directly to the hospital or person rendering such services, but it is not required that the service be rendered by a particular hospital or person."

Acts 1959, No. 148, § 397; A.S.A. 1947, § 66-3612.
Ark. Code Ann. § 23-79-158 — AR Code / Title 23 / Chapter 79 / Subchapter 1 / Section 23-79-158
Denials of dental claims
Status: in_force

(a) (1) As used in this section, "insurer" means an insurance company, a health maintenance organization, a hospital and medical service corporation, or a self-insured health plan for employees of a governmental entity that provides dental benefits. (2) As used in this section, "insurer" includes an outside review entity that contracts with an insurance company, a health maintenance organization, a hospital and medical service corporation, or a self-insured health plan for employees of a governmental entity that provides dental benefits. (b) A denial of all or part of a dental claim based upon medical necessity shall be made by a dentist licensed in the United States who is a graduate of a Commission on Dental Accreditation accredited program. (c) To facilitate expeditious resolution, the insurer shall provide, upon request, a written communication to the treating dentist with the name, state where licensed, license number, and direct telephone number of the reviewing dentist. Added by Act 2013, No. 427,§ 1, eff. 3/15/2013.

(a) (1) As used in this section, "insurer" means an insurance company, a health maintenance organization, a hospital and medical service corporation, or a self-insured health plan for employees of a governmental entity that provides dental benefits. (2) As used in this section, "insurer" includes an outside review entity that contracts with an insurance company, a health maintenance organization, a hospital and medical service corporation, or a self-insured health plan for employees of a governmental entity that provides dental benefits.

(1) As used in this section, "insurer" means an insurance company, a health maintenance organization, a hospital and medical service corporation, or a self-insured health plan for employees of a governmental entity that provides dental benefits.

(2) As used in this section, "insurer" includes an outside review entity that contracts with an insurance company, a health maintenance organization, a hospital and medical service corporation, or a self-insured health plan for employees of a governmental entity that provides dental benefits.

(b) A denial of all or part of a dental claim based upon medical necessity shall be made by a dentist licensed in the United States who is a graduate of a Commission on Dental Accreditation accredited program.

(c) To facilitate expeditious resolution, the insurer shall provide, upon request, a written communication to the treating dentist with the name, state where licensed, license number, and direct telephone number of the reviewing dentist.

Added by Act 2013, No. 427,§ 1, eff. 3/15/2013.
Ark. Code Ann. § 23-49-104 — AR Code / Title 23 / Chapter 49 / Section 23-49-104
When possession terminates
Status: in_force

When the Bank Commissioner has taken possession of the business and property of an institution under the provisions of § 23-49-102 , the commissioner shall hold possession of the business and property until the affairs of the institution have been finally liquidated as provided in this chapter, unless the institution has undertaken the voluntary liquidation of its affairs under this chapter or the Federal Deposit Insurance Corporation has been appointed receiver. Acts 1997, No. 89, § 1.

When the Bank Commissioner has taken possession of the business and property of an institution under the provisions of § 23-49-102 , the commissioner shall hold possession of the business and property until the affairs of the institution have been finally liquidated as provided in this chapter, unless the institution has undertaken the voluntary liquidation of its affairs under this chapter or the Federal Deposit Insurance Corporation has been appointed receiver.

Acts 1997, No. 89, § 1.