reglab/housing_qa huggingface dataset:
AR Code § 23-93-102 (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|§ 23-93-102. Legislative intent — Applicability

 (a) The General Assembly recognizes that continuing care communities have become an important and necessary alternative for the long-term residential, social, and health maintenance needs for many of the state's elderly citizens.  (b) The General Assembly recognizes the need for full disclosure of important facts to an appropriate regulatory agency of the state. Accordingly, the General Assembly has determined that continuing care facilities should be regulated in accordance with the provisions of this subchapter.  (c)  (1) The provisions of this subchapter apply equally to for-profit and not-for-profit provider organizations.  (2) The provisions of this subchapter shall be the minimum requirements to be imposed upon any person, association, or organization offering or providing continuing care as set forth in this subchapter.  (3) This subchapter shall not apply to facilities duly authorized and licensed by the State of Arkansas as long-term care facilities providing nursing care.
AR Code § 23-93-104 (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|§ 23-93-104. Violations

 (a) Whenever it appears to the Insurance Commissioner that any person has engaged in, or is about to engage in, any act or practice constituting a violation of any provision of this subchapter or any rule or order under this subchapter, the commissioner may:  (1) Issue an order directed at that person requiring that person to cease and desist from engaging in the act or practice;  (2) Bring an action in any court which has appropriate jurisdiction to enjoin the acts or practices and to enforce compliance with this subchapter or any of its rules or orders;  (3) Issue an order directed at that person to cease and desist from engaging in the act or practice and bring an action in any court which has appropriate jurisdiction to enjoin the acts or practices and to enforce compliance with this subchapter or any of its rules and orders; or  (4) Issue an order assessing a monetary penalty of not more than one thousand dollars ($1,000) for each violation against that person.    (b) Upon a proper showing, a permanent or temporary injunction, restraining order, or writ of mandamus shall be granted.
AR Code § 23-93-105 (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|§ 23-93-105. Rules

 The Insurance Commissioner shall have the authority to adopt, amend, or repeal such rules as are reasonably necessary for the enforcement of the provisions of this subchapter.
AR Code § 23-93-107 (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|§ 23-93-107. Disclosure statement — Review

 (a) The State Insurance Department shall review the filed disclosure document for the following:  (1) The completeness of the filing; and  (2) The manner and method of computing the reserve.    (b) The Insurance Commissioner shall notify a provider of any deficiency in the filing within sixty (60) days from the date of filing. If the provider is notified of deficiencies in the filing, reasonable time shall be allowed to the provider to correct the deficiencies.  (c) No provider may offer continuing care contracts to the public during the initial sixty-day filing period or during the period allowed to correct deficiencies noted by the commissioner.  (d) All disclosure statements shall be made available at the facility and the office of the commissioner for inspection by the citizens of this state upon request. Each resident of a facility shall be informed of the availability of the statement annually.  (e) Each disclosure statement shall clearly state that:  (1) A prospective or present resident shall rely solely upon the provider for the accuracy and completeness of the information contained in the disclosure statement; and  (2) No independent investigation of the accuracy of the information has been conducted by the commissioner.
AR Code § 23-93-109 (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|§ 23-93-109. Right to rescind contracts

 For a seven-day period beginning on the date a provider receives any payment from a prospective resident, a prospective resident shall have the right to rescind any contractual obligation into which he or she has entered and receive a full refund of any moneys transferred to the provider.
AR Code § 23-93-110 (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|§ 23-93-110. Untrue, deceptive, or misleading statements prohibited

 (a) No provider shall make, publish, disseminate, circulate, or place before the public or cause, directly or indirectly, to be made, published, disseminated, circulated, or placed before the public, in a newspaper or other publication, or in the form of a notice, circular, pamphlet, letter, or poster, or over any radio or television station, or in any other way, an advertisement, announcement, or statement of any sort containing any assertion, representation, or untrue, deceptive, or misleading statement.  (b) No provider shall file with the State Insurance Department or make, publish, disseminate, circulate, or deliver to any person or place before the public or cause, directly or indirectly, to be made, published, disseminated, circulated, or delivered to any person, or placed before the public any financial statement which does not accurately state its true financial condition.
AR Code § 23-93-111 (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|§ 23-93-111. Liquid refund reserve requirement

 (a)  (1) Each provider shall establish and maintain liquid refund reserves in an amount determined in accordance with this section.  (2)  (A) The refund reserve shall be equal to or shall exceed the actuarially determined annual refund amount as of the financial reporting date.  (B) The actuarially determined annual refund amount shall be calculated upon both the actual experience of the facility and published industry norms.  (C) The method which yields the greater sum shall determine the actuarially determined annual refund amount for the purposes of this section and § 23-93-106(a)(8).      (b) The provider may satisfy the liquid reserve requirement by:  (1) Holding the reserve amount in an escrow account with a federally insured financial institution or institutions located and doing business in this state;  (2) Purchasing a certificate of deposit from an Arkansas lending institution;  (3) Investing in bonds, notes, warrants, and other evidences of indebtedness which are direct obligations of the United States of America held in the provider's name and held by the provider within the State of Arkansas;  (4) Having the unqualified guaranty of an affiliated organization or individual, as evidenced by a written agreement, whose net worth as reported in its most recent financial statement audited by a certified public accountant and certified by the provider and filed with the State Insurance Department, which is equal to five (5) times the reserve amount or portion of the reserve amount to be satisfied by this method; or  (5) Any combination of the foregoing.    (c) When requested by the Insurance Commissioner, the provider shall furnish all of the information relating to the amount of the reserve and the method used to maintain the reserve amount.
AR Code § 23-93-112 (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|§ 23-93-112. Escrow account required

 (a)  (1) The Insurance Commissioner shall require that the provider establish an interest-bearing escrow account with a financial institution authorized to do business in this state. Any entrance fees or payments received by the provider prior to the date the resident is permitted to occupy the living unit in the facility shall be placed in the escrow account.  (2) Release of escrowed amounts to the provider shall be made as follows:  (A) For living units that have been previously occupied, at the time the new resident makes the first monthly payment; or  (B) For living units not previously occupied, at the earliest to occur of one (1) of the following:  (i) When aggregate fees received or receivable equal fifty percent (50%) of total entrance fees due at full occupancy, except that any entrance fee payments that are less than thirty-five percent (35%) of the amount due from a resident will not be counted;  (ii) When entrance fees plus the proceeds of any first mortgage or other long-term loan in lieu of a first mortgage, plus other funds on hand, equal fifty percent (50%) of the total cost of the facility plus fifty percent (50%) of the start-up losses shown in the provider's application submitted under § 23-93-207; or  (iii) When a permanent mortgage or other long-term loan commitment has been received and the mortgagee's commitment conditions prior to disbursement, other than completing construction and closing the purchase, have been satisfied.        (b) If the funds in an escrow account and any interest earned on the funds are not released within thirty-six (36) months, or such greater time as may have been specified by the provider with the consent of the commissioner, then the funds shall be returned by the escrow agent to the persons who made the payment to the provider.  (c) Nothing in this section shall require the escrow of any nonrefundable application fees charged to prospective residents.  (d) An entrance fee held in escrow may be returned by the escrow agent at any time to the person or persons who paid the entrance fee to the provider upon receipt by the escrow agent of notice from the provider that such a person is entitled to a refund of the entrance fee.
AR Code § 23-93-113 (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|§ 23-93-113. Statutory lien

 In the event of the bankruptcy or receivership of the provider resulting from the financial difficulties of the provider, the residents of the facility shall have a statutory lien on the real and personal property of the facility. This lien shall be subordinate to liens of record prior to the date of a filing of a petition in bankruptcy or petition for receivership but shall be superior to all other creditors.
AR Code § 23-93-114 (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|§ 23-93-114. Investigations and examinations

 (a) The State Insurance Department may conduct any investigation or examination deemed necessary by the Insurance Commissioner:  (1) For the public health, safety, and welfare of a resident or potential resident of a facility;  (2) In response to a written complaint filed by a resident or prospective resident;  (3) If it appears from the filings required by this subchapter that the solvency of the facility is in question; or  (4) To determine whether any provision of this subchapter or any rule or order has been violated.    (b) The commissioner may conduct any investigation in person or direct any department employee to act on the commissioner's behalf. For any on-site investigation, the expenses incurred, including compensation of any department examiner, shall be paid by the facility being investigated. For the purposes of this section, the provisions of § 23-61-206 shall apply.  (c) The commissioner may conduct a financial examination. The commissioner may utilize department examiners or he or she may retain independent certified public accountants to conduct the examination. Each facility being examined shall pay the department the expenses incurred pursuant to § 23-61-206. The cost of any retained accountants shall not be in excess of the amount that could be charged for department examiners.  (d) When the services of an actuary are deemed necessary in any investigation or examination, the commissioner may retain an independent actuary with those expenses being paid by the facility.  (e) The commissioner or any officer designated by the commissioner may adminster oaths and affirmations, issue subpoenas, hear testimony, and take evidence in reference to any investigation or examination conducted pursuant to this subchapter.
AR Code § 23-93-201 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 93 - Continuing Care Providers|Subchapter 2 - Licensing|§ 23-93-201. Definitions

 As used in this subchapter:   (1) “Commissioner” means the Insurance Commissioner;  (2) “Department” means the State Insurance Department;  (3) “Entrance fee” means a payment that assures a resident a place in a facility for a term of years or for life;  (4) “Facility” means a place which provides life care;  (5) “Hazardous financial condition” means a provider is insolvent or in imminent danger of becoming insolvent;  (6) “Life care” means continuing care as defined in § 23-93-103(2), except that no additional charges are made for nursing care or personal care services beyond those charged all residents of the facility who are not receiving nursing care or personal care services;  (7) “Living unit” means a room, apartment, cottage, or other area within a facility set aside for the exclusive use or control of one (1) or more identified individuals;  (8)  (A) “Nursing care” means those services pertaining to the curative, restorative, and preventive aspects of nursing services that are performed by or under the supervision of a registered or licensed nurse.  (B) “Nursing care” does not include general health service such as nutritional counseling, exercise programs, or other preventive medicine techniques;    (9)  (A) “Personal care services” means assistance with meals, dressing, movement, bathing, or other personal needs of maintenance or other direct supervision and oversight of the physical and mental well-being of a person.  (B) “Personal care services” does not include general health services such as nutritional counseling, exercise programs, or other preventive medicine techniques;    (10) “Provider” means the owner or operator, whether a natural person, partnership, or other incorporated association, trust, or corporation whose owner or operator undertakes to provide life care for a fee, whether fixed or variable, for the period of care. The fee may be payable in lump sum, or lump sum and monthly maintenance charges, or in installments;  (11) “Refund reserve” means the actuarially determined annual refund amount required to be maintained by a life care provider for service of its refund amounts during the next fiscal year of the facility;  (12) “Resident” means an individual entitled to receive life care in a facility; and  (13) “Solicit” means all actions of a provider in seeking to have individuals residing in this state pay an application fee and enter into a life care agreement by any means, such as, but not limited to, personal, telephone, or mail communication, or any other communication directed to and received by any individual in this state, and any advertisements in any media distributed or communicated by any means to individuals in this state.
AR Code § 23-93-202 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 93 - Continuing Care Providers|Subchapter 2 - Licensing|§ 23-93-202. Continuing Care Provider Regulation Act — Applicability

 (a) In addition to this subchapter, a life care provider is subject to the Continuing Care Provider Regulation Act, § 23-93-101 et seq.  (b)  (1) A life care provider shall not be established, conducted, or maintained in this state without obtaining a license from the Insurance Commissioner.  (2) However, a life care provider established before August 13, 1993, shall be licensed without application or payment of a fee.    (c)  (1) A life care provider shall include at least one (1) resident of the continuing care community who is nominated by the residents as a voting member of the life care provider's governing body.  (2) A resident member shall perform his or her duties in a manner that complies with the standards of conduct and fiduciary duties of the members of the governing board of the life care provider.
AR Code § 23-93-203 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 93 - Continuing Care Providers|Subchapter 2 - Licensing|§ 23-93-203. License not transferable — Limitation on contracts

 (a) No license is transferable, and no license issued pursuant to this subchapter has value for sale or exchange as property.  (b) No provider or other owning entity shall sell or transfer ownership of the facility or enter into a contract with a third-party provider for management of the facility unless the State Insurance Department approves such a transfer or contract.
AR Code § 23-93-204 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 93 - Continuing Care Providers|Subchapter 2 - Licensing|§ 23-93-204. Issuance of license

 The State Insurance Department shall issue a license upon its affirmative determination that all of the following requirements have been met:   (1) The provider can fulfill its obligation under the life care contract if the resident complies with the terms of the offer;  (2) There is reasonable assurance that all proposed improvements can be completed as represented;  (3) The provider, its officers, and principals have not been convicted of a crime in this state, the United States, or any other state or foreign country within the past ten (10) years, the seriousness of which in the opinion of the department warrants the denial of a permit;  (4) The provider, its officers, and principals have not been subject to any permanent injunction or final administrative order restraining a false or misleading plan involving a facility disposition, the seriousness of which in the opinion of the department warrants the denial of a permit; and  (5) The disclosure statement requirements of the Continuing Care Provider Regulation Act, § 23-93-101 et seq., have been satisfied.
AR Code § 23-93-205 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 93 - Continuing Care Providers|Subchapter 2 - Licensing|§ 23-93-205. Violations

 (a) The license of a provider shall remain in effect until revoked after notice and hearing upon written finding of fact by the State Insurance Department that the provider has:  (1) Willfully violated any provision of this subchapter, or any rule promulgated under this subchapter;  (2) Failed to file an annual disclosure statement or standard form of contract as required by the Continuing Care Provider Regulation Act, § 23-93-101 et seq.;  (3) Delivered to a prospective resident a disclosure statement that makes an untrue statement or omits a material fact, and the provider, at the time of the delivery of the disclosure statement, had actual knowledge of the misstatement or omission;  (4) Failed to comply with the terms of a cease and desist order issued pursuant to § 23-93-104; or  (5) Has been determined by the department to be in a hazardous financial condition.    (b) Findings of fact in support of revocation shall be accompanied by an explicit statement of the underlying facts supporting the finding.
AR Code § 23-93-206 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 93 - Continuing Care Providers|Subchapter 2 - Licensing|§ 23-93-206. Fees

 (a)  (1) An application for a license shall consist of a statement containing the items set forth in this subchapter, together with a filing fee in the amount of four hundred dollars ($400) plus forty dollars ($40.00) per living unit made payable to the Treasurer of State.  (2) In the event living units are added during the application process, an additional fee of forty dollars ($40.00) per living unit shall be paid.    (b)  (1) Upon receipt of the complete application for a license, the State Insurance Department shall issue a notice of filing to the applicant within ten (10) business days.  (2) Within ninety (90) days of the notice of filing, the department shall enter an order issuing the license or rejecting the application.    (c)  (1) If the Insurance Commissioner determines that any of the application requirements have not been met, the commissioner shall notify the applicant that the application must be corrected within thirty (30) days in those particulars designated by the commissioner.  (2)  (A) If the requirements are not met within the time allowed, the commissioner may enter an order rejecting the application. The order shall include the finding of fact upon which the order is based and which shall not become effective until twenty (20) days after the end of the thirty-day period.  (B) During the twenty-day period, the applicant may petition for reconsideration and is entitled to a hearing.      (d) If a facility is accredited by a process approved by the commissioner as substantially equivalent to the requirements of this subchapter, then the facility shall be deemed to have met the requirements of this subchapter and the commissioner shall issue a license to the facility.
AR Code § 23-94-201 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 94 - Liability Risk Retention|Subchapter 2 - Risk Retention and Purchasing Groups Act|§ 23-94-201. Title

 This subchapter may be cited as the “Risk Retention and Purchasing Groups Act”.
AR Code § 23-94-202 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 94 - Liability Risk Retention|Subchapter 2 - Risk Retention and Purchasing Groups Act|§ 23-94-202. Purpose

 The purpose of this subchapter is to regulate the formation and operation of risk retention groups and purchasing groups in this state formed pursuant to the provisions of the Liability Risk Retention Act of 1986 (“RRA 1986”), to the extent permitted by such law.
AR Code § 23-94-206 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 94 - Liability Risk Retention|Subchapter 2 - Risk Retention and Purchasing Groups Act|§ 23-94-206. Compulsory associations

 (a) No risk retention group shall be required or permitted to join or contribute financially to any insurance insolvency guaranty fund, or similar mechanism, in this state, nor shall any risk retention group, or its insureds or claimants against its insureds, receive any benefit from any such fund for claims arising under the insurance policies issued by a risk retention group.  (b) When a purchasing group obtains insurance covering its members' risks from an insurer not authorized in this state or a risk retention group, no such risks, wherever resident or located, shall be covered by any insurance guaranty fund or similar mechanism in this state.  (c) When a purchasing group obtains insurance covering its members' risks from an authorized insurer, only risks resident or located in this state shall be covered by the appropriate state guaranty fund.