AR Code § 23-61-803 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 61 - State Insurance Department|Subchapter 8 - Arkansas Health Insurance Marketplace Act|§ 23-61-803. Arkansas Health Insurance Marketplace

 (a) The Arkansas Health Insurance Marketplace is created as a division within the State Insurance Department.  (b) The State Insurance Department shall plan and administer the Arkansas Health Insurance Marketplace and employ necessary staff.  (c) The State Insurance Department shall keep an accurate accounting of all activities, receipts, and expenditures on behalf of the Arkansas Health Insurance Marketplace and report to the Legislative Council as requested by the Legislative Council.  (d) The State Insurance Department may apply for and expend on behalf of the Arkansas Health Insurance Marketplace any state, federal, or private grant funds available to assist with the implementation and operation of the Arkansas Health Insurance Marketplace.  (e)  (1) The State Insurance Department may contract with eligible entities to assist with the planning, implementation, and operation of the Arkansas Health Insurance Marketplace.  (2) For the purposes of this subsection:  (A) An eligible entity includes without limitation an entity that has experience in individual and small group health insurance, benefit administration, or other experience relevant to the responsibilities to be assumed by the entity; and  (B) A health insurer or an affiliate of a health insurer is not an eligible entity.    (3) In contracting with an eligible entity under subdivision (e)(1) of this section, the State Insurance Department shall give preference to eligible entities that have relevant experience.    (f) The State Insurance Department may enter into information-sharing agreements with federal and state agencies and other state marketplaces to carry out its responsibilities under this subchapter, provided such agreements:  (1) Include adequate protections with respect to the confidentiality of the information to be shared; and  (2) Comply with all applicable state and federal laws and regulations.    (g) As a condition of participating in the Arkansas Health Insurance Marketplace, a health insurer shall pay the assessments, submit the reports, and provide the information required by the Insurance Commissioner to implement this subchapter.  (h) The State Insurance Department and any eligible entity under subdivision (e)(1) of this section shall provide claims and other plan and enrollment data to the Department of Human Services upon request to:  (1) Facilitate compliance with reporting requirements under state and federal law; and  (2) Assess the performance of the Arkansas Works Program established by the Arkansas Works Act of 2016, § 23-61-1001 et seq., including without limitation the program's quality, cost, and consumer access.    (i)  (1) The Legislative Council may study matters pertaining to this subchapter that the Legislative Council considers necessary to fulfill its mandate under this subchapter.  (2) The Legislative Council may request reports from the Arkansas Health Insurance Marketplace pertaining to the operations, programs, or finances of the Arkansas Health Insurance Marketplace as it deems necessary.  (3) Annually by December 15, the Legislative Council shall provide to the General Assembly any analysis or findings resulting from its activities under this section that the Legislative Council deems relevant.  (4)  (A) During a regular, fiscal, or extraordinary session of the General Assembly, the Joint Budget Committee shall perform the functions assigned to the Legislative Council under this subchapter.  (B) This subsection does not limit the authority of the Legislative Council and its subcommittees to meet during a recess as authorized by § 10-2-223 or § 10-3-211.    (5) The Legislative Council and the Joint Budget Committee may:  (A) Establish or utilize one (1) or more subcommittees to assist in the duties of the Legislative Council or the Joint Budget Committee, respectively, under this subchapter;  (B) Assign information filed with the Legislative Council under this subchapter to one (1) or more subcommittees of the Legislative Council or the Joint Budget Committee, respectively, including without limitation a subcommittee created under subdivision (i)(5)(A) of this section; and  (C) Delegate the duties of the Legislative Council or the Joint Budget Committee, respectively, under this subchapter to one (1) or more subcommittees of the Legislative Council or the Joint Budget Committee, respectively, subject to the final review and approval of the Legislative Council or the Joint Budget Committee, respectively.