reglab/housing_qa huggingface dataset:
AR Code § 23-95-104 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 95 - Risk-sharing Plans For Property And Casualty Insurance|§ 23-95-104. Plan for coverage — Requirement

 (a)  (1) If the Insurance Commissioner finds after a hearing that in all or in any part of this state, any amount or kind of insurance authorized by §§ 23-62-104 and 23-62-105 is not reasonably available in the voluntary market and that the public interest requires the availability of that insurance, the commissioner shall direct insurers doing business within this state to prepare a voluntary plan which will provide that insurance coverage.  (2) The plan shall be submitted to the commissioner within the time he or she designates and, if approved by him or her, may be put into operation.  (3) If the plan is not approved by the commissioner or if the plan is not submitted as required, the commissioner may promulgate a plan to provide insurance coverage for any risks in this state which, based on reasonable underwriting standards, are entitled to obtain coverage, but are otherwise unable to obtain coverage in the voluntary market.    (b) All orders of the commissioner finding that a line of insurance is not reasonably available in the voluntary market shall consider, to the extent practicable, historical data from the past five (5) years regarding:  (1) Market availability;  (2) Major trends in policy forms, limits, and deductibles offered;  (3) Filed rates for the line if available;  (4) Loss ratios, claims severity, and claims frequency on both the state and national levels;  (5) Availability of surplus lines coverage;  (6) The types of insurers offering the line of insurance in the state;  (7) The existence of any residual market programs, market assistance programs, and captive insurance; and  (8) Whether alternatives to the creation of a risk-sharing plan are feasible.    (c) The commissioner may require licensed insurers and surplus lines companies to report historical data to assist the consideration of the factors contained in subsection (b) of this section.  (d) The commissioner shall afford any interested party an opportunity to submit written or oral testimony to assist in the determination required by subsection (a) of this section.  (e) The commissioner shall report to the Legislative Council all lines of insurance that he or she determines are not reasonably available in the voluntary market.
AR Code § 23-95-105 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 95 - Risk-sharing Plans For Property And Casualty Insurance|§ 23-95-105. Plan for coverage — Contents

 (a) Each plan promulgated or prepared pursuant to § 23-95-104 shall:  (1) Give consideration to:  (A) The need for adequate and readily accessible coverage;  (B) Optional methods of improving the market affected;  (C) The inherent limitations of the insurance mechanism;  (D) The need for reasonable underwriting standards; and  (E) The requirement of reasonable loss prevention measures;    (2) Establish procedures that will create minimum interference with the voluntary market;  (3) Distribute the obligations imposed by the plan and any profits or losses experienced by the plan equitably and efficiently among the participating insurers;  (4) Establish procedures for applicants and participants to have their grievances reviewed by an impartial body. The filing and processing of a complaint or grievance pursuant to this section does not waive or stay the requirement for participation in the plan; and  (5) Establish a rating plan which shall be actuarially sound.    (b) Each plan may, on behalf of its participants:  (1) Issue policies of insurance to eligible applicants;  (2) Underwrite, adjust, and pay losses on insurance issued by the plan;  (3) Appoint a service company or companies to perform the functions enumerated in this subsection; and  (4) Obtain reinsurance for any part or all of its risks.    (c) Participation by the insurer in the losses and expenses of the plan shall be in the proportion that the direct written premiums of the insurer written in this state bears to the total aggregate written premium written in this state. Premiums which serve as the basis for participation in other risk-sharing plans established under prior law shall be excluded both from the insurer's direct written premium and the total aggregate direct written premium in determining participation in the losses and expenses of the plan.  (d) Each plan shall provide for:  (1) The method of classifying risks;  (2) The making and filing of rates which are not excessive, inadequate, or unfairly discriminatory and policy forms applicable to the various risks insured by the plan;  (3) The adjusting and processing of claims;  (4) The commission rates to be paid to agents or brokers for coverages written by the plan; and  (5) Any other insurance of investment functions that are necessary for the purpose of providing adequate and readily accessible coverage.
AR Code § 23-95-106 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 95 - Risk-sharing Plans For Property And Casualty Insurance|§ 23-95-106. Information for individuals

 Every participating insurer and agent shall provide to any person seeking the insurance available in each plan information about the services prescribed in the plan, including full information on the requirements and procedures for obtaining insurance under the plan.
AR Code § 23-95-107 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 95 - Risk-sharing Plans For Property And Casualty Insurance|§ 23-95-107. No liability in creating plan

 There shall be no liability on the part of and no cause of action shall arise against the Insurance Commissioner, his or her representatives, or any plan, its participants, or its employees for any good faith action taken by them in the performance of their powers and duties in creating any plan pursuant to this chapter.
AR Code § 23-95-108 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 95 - Risk-sharing Plans For Property And Casualty Insurance|§ 23-95-108. Rules

 The Insurance Commissioner shall have the authority to promulgate rules necessary to effectuate the purpose of this chapter.
AR Code § 23-96-101 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 96 - Arkansas Life and Health Insurance Guaranty Association Act|§ 23-96-101. Title

 This chapter shall be known and may be cited as the “Arkansas Life and Health Insurance Guaranty Association Act”.
AR Code § 23-96-102 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 96 - Arkansas Life and Health Insurance Guaranty Association Act|§ 23-96-102. Purpose

 (a) The purpose of this chapter is to protect, subject to certain limitations, the persons specified in § 23-96-107(a) against failure in the performance of contractual obligations under life and health and annuity policies, plans, or contracts specified in § 23-96-107(b) because of the impairment or insolvency of the member insurer that issued the policies, plans, or contracts.  (b) To provide this protection, an association of member insurers is created to pay benefits and to continue coverages as limited in this chapter, and members of the association are subject to assessment to provide funds to carry out the purpose of this chapter.
AR Code § 23-96-103 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 96 - Arkansas Life and Health Insurance Guaranty Association Act|§ 23-96-103. Construction — Applicability

 (a) This chapter shall be construed to effect the purpose under § 23-96-102.  (b) This chapter shall not be construed to reduce the liability for unpaid assessments of the insureds of an impaired or insolvent insurer operating under a plan with assessment liability.
AR Code § 23-96-108 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 96 - Arkansas Life and Health Insurance Guaranty Association Act|§ 23-96-108. Immunity

 (a) The following are not liable for or subject to any cause of action resulting from an act or omission by them in the performance of their powers and duties under this chapter:  (1) A member insurer or its agents or employees;  (2) The Arkansas Life and Health Insurance Guaranty Association or its agents or employees;  (3) Members of the Board of Directors of the Arkansas Life and Health Insurance Guaranty Association; or  (4) The Insurance Commissioner or his or her representatives.    (b) Immunity under this section extends to the participation in any organization of one (1) or more other state associations of similar purposes and to any such organization and its agents or employees.
AR Code § 23-96-111 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 96 - Arkansas Life and Health Insurance Guaranty Association Act|§ 23-96-111. Impaired insurers

 If a member insurer is an impaired insurer, the Arkansas Life and Health Insurance Guaranty Association, in its discretion and subject to any conditions imposed by the association that do not impair the contractual obligations of the impaired insurer and that are approved by the Insurance Commissioner, may:   (1) Guarantee, assume, reissue, or reinsure, or cause to be guaranteed, assumed, reissued, or reinsured, any or all of the policies or contracts of the impaired insurer; or  (2) Provide the moneys, pledges, loans, notes, guarantees, or other means as are proper to effectuate subdivision (1) of this section and assure payment of the contractual obligations of the impaired insurer pending action under subdivision (1) of this section.
AR Code § 23-96-112 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 96 - Arkansas Life and Health Insurance Guaranty Association Act|§ 23-96-112. Insolvent insurers

 (a) If a member insurer is an insolvent insurer, the Arkansas Life and Health Insurance Guaranty Association, in its discretion, shall:  (1) Do both of the following:  (A) Guarantee, assume, reissue, or reinsure, or cause to be guaranteed, assumed, reissued, or reinsured, the policies or contracts of the insolvent insurer or assure payment of the contractual obligations of the insolvent insurer; and  (B) Provide the moneys, pledges, loans, notes, guarantees, or other means as are reasonably necessary to discharge such duties; or    (2) Provide benefits and coverages in accordance with § 23-96-113.    (b)  (1) All proceedings in which the insolvent insurer is a party in any court in this state shall be stayed sixty (60) days from the date an order of liquidation, rehabilitation, or conservation is final to permit proper legal action by the association on any matters germane to its powers or duties.  (2) As to judgment under any decision, order, verdict, or finding based on default, the association may apply to have the judgment set aside by the same court that made the judgment and shall be permitted to defend against the suit on the merits.
AR Code § 23-96-118 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 96 - Arkansas Life and Health Insurance Guaranty Association Act|§ 23-96-118. Duties and powers of Insurance Commissioner

 (a) In addition to the duties and powers enumerated elsewhere in this chapter:  (1) The Insurance Commissioner shall:  (A) Upon request of the Board of Directors of the Arkansas Life and Health Insurance Guaranty Association, provide the Arkansas Life and Health Insurance Guaranty Association with a statement of the premiums in this and any other appropriate states for each member insurer;  (B)  (i) When an impairment is declared and the amount of the impairment is determined, serve a demand upon the impaired insurer to make good the impairment within a reasonable time.  (ii) Notice to the impaired insurer shall constitute notice to its shareholders, if any.  (iii) The failure of the impaired insurer to promptly comply with such a demand shall not excuse the association from the performance of its powers and duties under this chapter; and    (C) In any liquidation or rehabilitation proceeding involving a domestic member insurer, be appointed as the liquidator or rehabilitator; and    (2)  (A) The commissioner may suspend or revoke, after notice and hearing, the certificate of authority to transact business in this state of any member insurer which fails to pay an assessment when due or fails to comply with the plan of operation.  (B)  (i) As an alternative, the commissioner may levy a forfeiture on any member insurer that fails to pay an assessment when due.  (ii) The forfeiture shall not exceed five percent (5%) of the unpaid assessment per month, but a forfeiture shall not be less than one hundred dollars ($100) per month.        (b)  (1) A final action of the board or the association may be appealed to the commissioner by any member insurer if the appeal is taken within sixty (60) days of its receipt of notice of the final action's being appealed.  (2) If a member company is appealing an assessment, the amount assessed shall be paid to the association and available to meet association obligations during the pendency of an appeal.  (3) If the appeal on the assessment is upheld, the amount paid in error or excess shall be returned to the member insurer.  (4) Any final action or order of the commissioner shall be subject to judicial review in a court of competent jurisdiction according to the laws of this state that apply to actions or orders of the commissioner.    (c) If the association fails to act within a reasonable period of time as provided in § 23-96-112(a) and §§ 23-96-113 and 23-96-120, the commissioner shall have the powers and duties of the association under this chapter with respect to impaired insurers or insolvent insurers.
AR Code § 23-96-120 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 96 - Arkansas Life and Health Insurance Guaranty Association Act|§ 23-96-120. Payment of premiums

 (a) Nonpayment of premiums within thirty-one (31) days after the date required under the terms of any guaranteed, assumed, alternative, or reissued policy or contract or substitute coverage shall terminate the Arkansas Life and Health Insurance Guaranty Association's obligations under the policy, contract, or coverage under this chapter with respect to the policy, contract, or coverage, except with respect to any claims incurred or any net cash surrender value which may be due under this chapter.  (b) Premiums due for coverage after entry of an order of liquidation of an insolvent insurer shall belong to and be payable at the direction of the association, and the association shall be liable for unearned premiums due to policy owners or contract owners arising after the entry of the order.
AR Code § 23-96-121 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 96 - Arkansas Life and Health Insurance Guaranty Association Act|§ 23-96-121. Reissuance of terminated coverage

 (a) If the Arkansas Life and Health Insurance Guaranty Association elects to reissue terminated coverage at a premium rate different from that charged under the terminated policy or contract, the premium shall be actuarially justified and set by the association according to the amount of insurance or coverage provided and the age and class of risk, subject to prior approval of the Insurance Commissioner.  (b) The association's obligations with respect to coverage under any policy or contract of the impaired insurer or insolvent insurer or under any reissued or alternative policy or contract shall cease on the date the coverage or policy or contract is replaced by another similar policy or contract by the policy or contract owner, the insured, the enrollee, or the association.
AR Code § 23-98-101 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 98 - Minimum Basic Benefit Policies and Subscription Contracts|§ 23-98-101. Legislative findings

 The General Assembly finds that the cost of health insurance coverage is not affordable for many small businesses, their employees, self-employed persons, and other individuals, and that as a result hundreds of thousands of Arkansas citizens do not have any health insurance coverage. It is the intent of the General Assembly to reduce the cost of health insurance for these citizens by:   (1) Authorizing the development of new classes of hospital and medical insurance coverage for qualified groups, families, and individuals; and  (2) Authorizing the Insurance Commissioner to develop means to assist in limiting the marketing and administrative costs of certain of such new classes of insurance coverage.
AR Code § 23-98-103 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 98 - Minimum Basic Benefit Policies and Subscription Contracts|§ 23-98-103. Notices and hearings before adopting rules

 The Insurance Commissioner shall provide notice and conduct hearings in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., before adopting any rules of general applicability to minimum basic benefit policies to be issued pursuant to this chapter.
AR Code § 23-98-104 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 98 - Minimum Basic Benefit Policies and Subscription Contracts|§ 23-98-104. Formation of trusts of qualified individuals

 Solely for purposes of obtaining minimum basic benefit policies pursuant to the authority granted by this chapter, trusts may be formed composed of qualified individuals, qualified families, or qualified groups. Each trust may serve as a master policyholder. Members of qualified groups and members of such trusts may join together solely for the purpose of obtaining health insurance coverage under the provisions of this chapter. The Insurance Commissioner shall adopt rules governing the formation and operation of the trust to assure the protection of persons purchasing policies pursuant to this chapter.
AR Code § 23-98-105 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 98 - Minimum Basic Benefit Policies and Subscription Contracts|§ 23-98-105. Issuance of minimum basic benefit policies permitted — Applicability

 Insurers are authorized to issue minimum basic benefit policies pursuant to and in compliance with the provisions of this chapter to qualified individuals, qualified families, qualified trusts, and qualified groups. This chapter shall apply only to those minimum basic benefit policies issued under this chapter and rules issued by the Insurance Commissioner pursuant to the authority of this chapter. Nothing in this chapter shall be deemed to add to, detract from, or in any manner apply to policies, subscription contracts, benefits, or related activities under any other statutory or regulatory authorities.
AR Code § 23-98-108 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 98 - Minimum Basic Benefit Policies and Subscription Contracts|§ 23-98-108. Notice of minimum basic benefit policies — Payroll deduction

 (a) Those employers in the State of Arkansas that do not provide a portion of the cost of health insurance for their employees shall provide notice to their employees of the existence of the minimum basic benefit policy authorized by this chapter. The notice shall be in a form prepared by the Insurance Commissioner and may be provided to employees by posting at the place of employment or in any other reasonable manner.  (b) Any insured, or dependent of an insured, under this chapter may provide written request to his or her employer to withhold the amount of premium on a minimum basic benefit policy from his or her paycheck along with written instructions for remittance of the premium, in which case the employer shall withhold the premium and remit the premium payment to the insurer, unless to do so would require the employer to make remittances to more than three (3) different insurers.  (c) No employer required to make a remittance of a premium under the provisions of this chapter shall be required to make such remittances more often than one (1) time per month.  (d) Nothing in this chapter shall be construed to require or mandate in any way that an employer provide or pay any portion of the cost of a minimum basic benefit policy issued under this chapter.  (e) Upon request by the commissioner, the Division of Workforce Services is authorized to provide a copy of the form of notice prepared by the commissioner to employers as the commissioner and the division may agree upon.
AR Code § 23-98-109 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 98 - Minimum Basic Benefit Policies and Subscription Contracts|§ 23-98-109. Managed care and cost control provisions

 (a) The insurer may include any or all of the following managed care provisions to control the cost of a minimum basic benefit policy issued pursuant to this chapter:  (1) An exclusion for services that are not medically necessary;  (2) A procedure for preauthorization by telephone, to be confirmed in writing, by the insurer or its designee of any medical service, the cost of which is anticipated to exceed a minimum threshold, except for services necessary to treat a medical emergency;  (3)  (A) A preferred panel of providers who have entered into written agreements with the insurer to provide services at specified levels of reimbursement.  (B) With the exception of health maintenance organizations, participation in such a preferred panel shall be open to all providers licensed to provide the services to be covered.  (C)  (i) Any such written agreement between a provider and an insurer shall contain a provision under which the parties agree that the insured individual or covered member will have no obligation to make payment for any medical service rendered by the provider that is determined not to be medically necessary.  (ii) However, charges for medically necessary services received by the insured which are not covered by the minimum basic benefit policy shall be considered the responsibility of the insured; and      (4)  (A) A provision under which any insured who obtains medical services from a nonpreferred provider shall receive reimbursement only in the amount that would have been received had services been rendered by a preferred provider, less a differential, if any, in an amount to be approved by the Insurance Commissioner but which may not exceed twenty-five percent (25%).  (B) However, charges for medically necessary services received by the insured which are not covered by the minimum basic benefit policy shall be considered the responsibility of the insured.      (b) Nothing in this chapter shall be construed to prohibit an insurer from including in a minimum basic benefit policy other managed care and cost control provisions which, subject to the approval of the commissioner, have the potential to control costs in a manner which does not result in inequitable treatment of an insured under this chapter.