reglab/housing_qa huggingface dataset:
AR Code § 23-92-411 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 92 - Multiple Employer Trusts And Self-insured Plans|Subchapter 4 - Arkansas Professional Employer Organization Recognition and Licensing Act|§ 23-92-411. Deceptive practices

 (a) No professional employer organization shall:  (1) Evade or attempt to evade the provisions of this subchapter by purporting to be the sole employer of the covered employees;  (2) Present a proposal to enter into a professional employer agreement with a prospective client unless the following notice is printed in not less than 12-point bold type on the first page of the proposal:  (3) Enter into a professional employer agreement without a written provision signed by the client stating that the client is responsible for ensuring with the assistance of a licensed insurance producer that any subcontractor of the client has workers' compensation coverage as required by law;  (4) Transact insurance, as defined under § 23-60-102, except through a licensed resident or nonresident insurance producer;  (5) Use the name or title “licensed employee leasing company”, “employee leasing company”, “employee leasing company group”, “professional employer”, “professional employer organization”, “PEO”, “controlling person”, or words that would tend to lead one to believe that the person or entity is licensed under this subchapter when the person or entity has not been licensed under this subchapter;  (6) Attempt to use a license that has lapsed or has been suspended or revoked;  (7) Fail to maintain workers' compensation insurance as required by this subchapter;  (8) Conduct business without an active license;  (9) Transfer or attempt to transfer a license issued under this subchapter;  (10) Violate or fail to conform to any provision of this subchapter or any lawful order or rule issued under this subchapter;  (11) Fail to notify the Insurance Commissioner in writing of any change of the primary business address or the addresses of any of the licensee's offices in the state;  (12) Have an adverse material final action taken by any state or federal regulatory agency for violations within the scope or control of the licensee;  (13) Fail to inform the commissioner in writing within thirty (30) days after any adverse material final action by a state or federal regulatory agency;  (14) Fail to meet or maintain the requirements for licensure as a professional employer organization; or  (15) Attempt to obtain or renew a license to provide professional employment services by bribery, misrepresentation, or fraud.    (b) The commissioner may prescribe by regulation additional acts or omissions that shall be deemed to constitute deceptive practices under this subchapter.    “This proposal is intended to provide information about the general terms and conditions under which the above named firm will enter into an agreement to provide professional employer services. Information contained in this proposal does not constitute advice on legal, tax, or insurance matters. For advice on these matters, you should consult with the appropriate licensed professional.”;
AR Code § 23-92-412 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 92 - Multiple Employer Trusts And Self-insured Plans|Subchapter 4 - Arkansas Professional Employer Organization Recognition and Licensing Act|§ 23-92-412. Penalties

 (a) Any person who engages in the business of a professional employer organization or acts as a professional employer organization without first procuring a license or who otherwise violates any of the provisions under this subchapter shall be liable for a civil penalty of not less than two hundred fifty dollars ($250) nor more than five thousand dollars ($5,000) for each day that it engages in the business of providing professional employer services without a license.  (b)  (1) Any person who violates any of the provisions under this subchapter or who violates any rules promulgated by the Insurance Commissioner under this subchapter shall be liable for a civil penalty for each offense of not less than two hundred fifty dollars ($250) nor more than five thousand dollars ($5,000) for each violation.  (2) For any violation affecting two (2) or more employees covered by a professional employer organization agreement, the fine shall be multiplied by the number of employees affected by the violation.    (c) The commissioner shall have the statutory power to enjoin or restrain by bringing an action in the Pulaski County Circuit Court against any person who engages in the business of or acts as a professional employer organization without having first procured a license for engaging in the business of a professional employer organization or acting as a professional employer organization.
AR Code § 23-92-413 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 92 - Multiple Employer Trusts And Self-insured Plans|Subchapter 4 - Arkansas Professional Employer Organization Recognition and Licensing Act|§ 23-92-413. Nondisclosure of proprietary information

 (a)  (1) Professional employer organizations and professional employer organization groups are required under this subchapter to file with the Insurance Commissioner certain proprietary material, including financial records and financial information and client lists, the disclosure of which would give advantage to competitors.  (2)  (A) The commissioner shall not consider proprietary material under this subchapter to be subject to mandatory disclosure under § 25-19-105(b)(9)(A).  (B) If litigation or any other proceedings are instituted to compel disclosure, the total expense of the proceedings shall be paid by the professional employer organization or professional employer organization group whose proprietary material is being sought.  (C) The commissioner shall give notice in writing to any professional employer organization or professional employer organization group whose client lists or other material that the commissioner deems to be proprietary are being sought under the Freedom of Information Act of 1967, § 25-19-101 et seq.      (b) Notwithstanding subsection (a) of this section or any other law governing disclosure of confidential information, the commissioner, the Director of the Division of Workforce Services, and the Workers' Compensation Commission may exchange information among themselves for the purposes of regulating professional employer organizations.
AR Code § 23-92-414 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 92 - Multiple Employer Trusts And Self-insured Plans|Subchapter 4 - Arkansas Professional Employer Organization Recognition and Licensing Act|§ 23-92-414. Employer service assurance organization affidavit

 (a) The Insurance Commissioner may provide by rule for the acceptance of an employer service assurance organization affidavit provided on behalf of a professional employer organization in lieu of the requirements under §§ 23-92-404 — 23-92-406 and 23-92-408 and the fees provided for in § 23-92-407.  (b) The fee for filing an employer service assurance organization affidavit shall be five hundred dollars ($500) for initial licensure and five hundred dollars ($500) for each biennial renewal.
AR Code § 23-92-416 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 92 - Multiple Employer Trusts And Self-insured Plans|Subchapter 4 - Arkansas Professional Employer Organization Recognition and Licensing Act|§ 23-92-416. Employer service assurance organizations — Prohibited activities

 (a) No employer service assurance organization shall attempt to monopolize or to combine or conspire with any other person to monopolize any market or make any arrangement with any professional employer organization, employer service assurance organization, or other person that has the purpose or effect of unreasonably restraining trade or of substantially lessening competition in the business of professional employer organization services or insurance.  (b) An employer service assurance organization may not have or adopt any rule, exact any agreement, or formulate or engage in any program that would require any member or subscriber to:  (1) Interfere with the right of any professional employer organization to conduct business in the state as permitted by law and independent of that service organization;  (2) Utilize some or all of its services as provided by the service organization's policies and procedures as approved by the Insurance Commissioner;  (3) Adhere to its standards, procedures, or membership requirements except on a voluntary basis; or  (4) Prevent any professional employer organization from acting independently.
AR Code § 23-92-417 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 92 - Multiple Employer Trusts And Self-insured Plans|Subchapter 4 - Arkansas Professional Employer Organization Recognition and Licensing Act|§ 23-92-417. Employer service assurance organization — Permitted activities

 In addition to other activities permitted, any employer service assurance organization may:   (1) Provide services under § 23-92-414 and § 23-92-419(b);  (2) Develop and administer standards, procedures, and programs of accreditation and financial assurance and other services for professional employer organizations and state agencies unless otherwise prohibited by law; and  (3) Furnish any other services not prohibited by this subchapter.
AR Code § 23-92-418 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 92 - Multiple Employer Trusts And Self-insured Plans|Subchapter 4 - Arkansas Professional Employer Organization Recognition and Licensing Act|§ 23-92-418. Filing of information

 (a) Each employer service assurance organization shall file with the Insurance Commissioner each affidavit and related document and information under § 23-92-414 or § 23-92-419(b) on or before the date the affidavit or related document and information are otherwise due, as prescribed by the commissioner.  (b) The commissioner may extend the filing deadline by prior written notice to the filer.
AR Code § 23-92-419 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 92 - Multiple Employer Trusts And Self-insured Plans|Subchapter 4 - Arkansas Professional Employer Organization Recognition and Licensing Act|§ 23-92-419. Rules

 (a)  (1) The Insurance Commissioner may prescribe rules for the conduct of the business of professional employer organizations needed to implement this subchapter.  (2) The commissioner shall adopt rules under this subchapter in compliance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.    (b)  (1) The commissioner may adopt reasonable rules for use by employer service assurance organizations to record and report to the commissioner information determined by the commissioner to be necessary or appropriate for the administration of this subchapter and for the effectuation of its purposes.  (2) The commissioner may designate one (1) or more employer service assurance organizations to assist him or her in gathering, compiling, and reporting the information.
AR Code § 23-92-501 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 92 - Multiple Employer Trusts And Self-insured Plans|Subchapter 5 - Arkansas Pharmacy Benefits Manager Licensure Act|§ 23-92-501. Title

 This subchapter shall be known and may be cited as the “Arkansas Pharmacy Benefits Manager Licensure Act”.
AR Code § 23-92-502 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 92 - Multiple Employer Trusts And Self-insured Plans|Subchapter 5 - Arkansas Pharmacy Benefits Manager Licensure Act|§ 23-92-502. Purpose

 (a) This subchapter establishes the standards and criteria for the regulation and licensure of pharmacy benefits managers providing claims processing services or other prescription drug or device services for health benefit plans.  (b) The purpose of this subchapter is to:  (1) Promote, preserve, and protect the public health, safety, and welfare through effective regulation and licensure of pharmacy benefits managers;  (2) Provide for powers and duties of the Insurance Commissioner, the State Insurance Department, and other state agencies and officers; and  (3) Prescribe penalties and fines for violations of this subchapter.
AR Code § 23-92-504 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 92 - Multiple Employer Trusts And Self-insured Plans|Subchapter 5 - Arkansas Pharmacy Benefits Manager Licensure Act|§ 23-92-504. License to do business — Application — Fees — Rules

 (a)  (1) A person or organization shall not establish or operate as a pharmacy benefits manager in Arkansas for health benefit plans without obtaining a license from the Insurance Commissioner under this subchapter.  (2) The commissioner shall prescribe the application for a license to operate in Arkansas as a pharmacy benefits manager and may charge application fees and renewal fees as established by rule.    (b)  (1) The commissioner shall issue rules establishing the licensing, fees, application, financial standards, and reporting requirements of pharmacy benefits managers under this subchapter.  (2)  (A) When adopting the initial rules to implement this subchapter, the final rule shall be filed with the Secretary of State for adoption under § 25-15-204(f):  (i) On or before September 1, 2018; or  (ii) If approval under § 10-3-309 has not occurred by September 1, 2018, as soon as practicable after approval under § 10-3-309.    (B) The State Insurance Department shall file the proposed rule with the Legislative Council under § 10-3-309(c) sufficiently in advance of September 1, 2018, so that the Legislative Council may consider the rule for approval before September 1, 2018.
AR Code § 23-92-505 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 92 - Multiple Employer Trusts And Self-insured Plans|Subchapter 5 - Arkansas Pharmacy Benefits Manager Licensure Act|§ 23-92-505. Pharmacy benefits manager network adequacy

 (a) A pharmacy benefits manager shall provide:  (1)  (A) A reasonably adequate and accessible pharmacy benefits manager network for the provision of prescription drugs for a health benefit plan that shall provide for convenient patient access to pharmacies within a reasonable distance from a patient's residence.  (B) A mail-order pharmacy shall not be included in the calculations determining pharmacy benefits manager network adequacy; and    (2) A pharmacy benefits manager network adequacy report describing the pharmacy benefits manager network and the pharmacy benefits manager network's accessibility in this state in the time and manner required by rule issued by the State Insurance Department.    (b)  (1) A pharmacy benefits manager shall report to the Insurance Commissioner on a quarterly basis for each healthcare insurer the following information:  (A) The aggregate amount of rebates received by the pharmacy benefits manager;  (B) The aggregate amount of rebates distributed to the appropriate healthcare insurer;  (C) The aggregate amount of rebates passed on to the enrollees of each healthcare insurer at the point of sale that reduced the enrollees’ applicable deductible, copayment, coinsurance, or other cost-sharing amount;  (D) The individual and aggregate amount paid by the healthcare insurer to the pharmacy benefits manager for pharmacist services itemized by pharmacy, by product, and by goods and services; and  (E) The individual and aggregate amount a pharmacy benefits manager paid for pharmacist services itemized by pharmacy, by product, and by goods and services.    (2) The report required under subdivision (b)(1) of this section is:  (A) Proprietary and confidential under § 23-61-107(a)(4) and § 23-61-207; and  (B) Not subject to the Freedom of Information Act of 1967, § 25-19-101 et seq.      (c) A pharmacy benefits manager is prohibited from conducting spread pricing in this state.
AR Code § 23-92-507 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 92 - Multiple Employer Trusts And Self-insured Plans|Subchapter 5 - Arkansas Pharmacy Benefits Manager Licensure Act|§ 23-92-507. Gag clauses prohibited

 (a) The prohibitions under § 23-99-407 apply to participation contracts between pharmacy benefits managers and pharmacists or pharmacies providing prescription drug coverage for health benefit plans.  (b) A pharmacy or pharmacist may provide to an insured information regarding the insured's total cost for pharmacist services for a prescription drug.  (c) A pharmacy or pharmacist shall not be proscribed by a pharmacy benefits manager from discussing information regarding the total cost for pharmacist services for a prescription drug or from selling a more affordable alternative to the insured if a more affordable alternative is available.  (d) A pharmacy benefits manager contract with a participating pharmacist or pharmacy shall not prohibit, restrict, or limit disclosure of information to the Insurance Commissioner, law enforcement, or state and federal governmental officials investigating or examining a complaint or conducting a review of a pharmacy benefits manager's compliance with the requirements under this subchapter.  (e) Without limiting its application to any other plan or program, this section applies to an organization or entity directly or indirectly providing services to patients under the Medicaid Provider-Led Organized Care Act, § 20-77-2701 et seq., or any other Medicaid-managed care program operating in this state.
AR Code § 23-92-508 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 92 - Multiple Employer Trusts And Self-insured Plans|Subchapter 5 - Arkansas Pharmacy Benefits Manager Licensure Act|§ 23-92-508. Enforcement

 (a) The Insurance Commissioner shall enforce this subchapter.  (b)  (1) The commissioner may examine or audit the books and records of a pharmacy benefits manager providing claims processing services or other prescription drug or device services for a health benefit plan to determine if the pharmacy benefits manager is in compliance with this subchapter.  (2) The information or data acquired during an examination under subdivision (b)(1) of this section is:  (A) Considered proprietary and confidential under § 23-61-107(a)(4) and § 23-61-207; and  (B) Not subject to the Freedom of Information Act of 1967, § 25-19-101 et seq.
AR Code § 23-92-509 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 92 - Multiple Employer Trusts And Self-insured Plans|Subchapter 5 - Arkansas Pharmacy Benefits Manager Licensure Act|§ 23-92-509. Rules

 (a)  (1) The Insurance Commissioner may adopt rules regulating pharmacy benefits managers that are not inconsistent with this subchapter.  (2) Rules that the commissioner may adopt under this subchapter include without limitation rules relating to:  (A) Licensing;  (B) Application fees;  (C) Financial solvency requirements;  (D) Pharmacy benefits manager network adequacy;  (E) Prohibited market conduct practices;  (F) Data reporting requirements under § 4-88-803;  (G) Compliance and enforcement requirements under § 17-92-507 concerning Maximum Allowable Cost Lists;  (H) Rebates;  (I) Compensation; and  (J) Lists of health benefit plans administered by a pharmacy benefits manager in this state.      (b) Rules adopted under this subchapter shall set penalties or fines, including without limitation monetary fines, suspension of licensure, and revocation of licensure for violations of this subchapter and rules adopted under this subchapter.  (c)  (1) In addition to the filing requirements under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., and under § 10-3-309, the State Insurance Department shall file a proposed rule or a proposed amendment to an existing rule under this subchapter with the Senate Committee on Insurance and Commerce and the House Committee on Insurance and Commerce at least thirty (30) days before the expiration of the period for public comment under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.  (2) The Senate Committee on Insurance and Commerce and the House Committee on Insurance and Commerce shall review the proposed rule or proposed amendment to an existing rule within forty-five (45) days of the date the proposed rule or proposed amendment to an existing rule is filed with the Senate Committee on Insurance and Commerce and the House Committee on Insurance and Commerce.  (3)  (A) If the department adopts an emergency rule under this subchapter, in addition to the filing requirements under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., and under § 10-3-309, the department shall notify the following individuals of the emergency rule and provide each individual with a copy of the rule within five (5) business days of adopting the rule:  (i) The Speaker of the House of Representatives;  (ii) The President Pro Tempore of the Senate;  (iii) The Chair of the Senate Committee on Insurance and Commerce; and  (iv) The Chair of the House Committee on Insurance and Commerce.    (B) The Senate Committee on Insurance and Commerce and the House Committee on Insurance and Commerce shall review the emergency rule within forty-five (45) days of the date that the emergency rule is provided to the Chair of the Senate Committee on Insurance and Commerce and the Chair of the House Committee on Insurance and Commerce.
AR Code § 23-92-510 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 92 - Multiple Employer Trusts And Self-insured Plans|Subchapter 5 - Arkansas Pharmacy Benefits Manager Licensure Act|§ 23-92-510. Applicability

 (a) This subchapter is applicable to a contract or health benefit plan issued, renewed, recredentialed, amended, or extended on and after September 1, 2018.  (b) A contract existing on the date of licensure of the pharmacy benefits manager shall comply with the requirements of this subchapter as a condition of licensure for the pharmacy benefits manager.  (c) Without limiting its application to any other plan or program, this section applies to an organization or entity directly or indirectly providing services to patients under the Medicaid Provider-Led Organized Care Act, § 20-77-2701 et seq., or any other Medicaid-managed care program operating in this state.
AR Code § 23-93-101 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 93 - Continuing Care Providers|Subchapter 1 - Continuing Care Provider Regulation Act|§ 23-93-101. Title

 This subchapter shall be known and may be cited as the “Continuing Care Provider Regulation Act”.