reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 79 - INSURANCE POLICIES GENERALLY (§§ 23-79-101 — 23-79-2802) › Subchapter 5 - COMPREHENSIVE HEALTH INSURANCE POOL ACT (§§ 23-79-501 — 23-79-517) › Section 23-79-505 - Plan of operation

(a)
(1)
The Board of Directors of the Arkansas Comprehensive Health Insurance Pool shall adopt a plan of operation pursuant to this subchapter and shall submit to the Insurance Commissioner for approval the plan of operation including the Arkansas Comprehensive Health Insurance Pool's articles, bylaws and operating rules, and any amendments thereto necessary or suitable to assure the fair, reasonable, and equitable administration of the pool. The plan of operation shall become effective upon approval in writing by the commissioner.
(2)
If the board fails to submit a suitable plan of operation within one hundred eighty (180) days after the appointment of the board of directors, or at any time thereafter fails to submit suitable amendments to the plan of operation, the commissioner shall adopt and promulgate such rules as are necessary or advisable to effectuate the provisions of this section. The rules shall continue in force until modified by the commissioner or superseded by a plan of operation submitted by the board and approved by the commissioner.
(b)
The plan of operation shall:
(1)
Establish procedures for operation of the pool;
(2)
Establish procedures for selecting a plan administrator in accordance with §
23-79-508
;
(3)
Create a fund, under management of the board, to pay administrative claims and other expenses of the pool;
(4)
Establish procedures for the handling, accounting, and auditing of assets, moneys, and claims of the pool and the plan administrator;
(5)
Develop and implement a program to publicize the existence of the plan, the eligibility requirements, and the procedures for enrollment and to maintain public awareness of the plan;
(6)
(A)
Establish procedures under which applicants and participants may have grievances reviewed by a grievance committee appointed by the board. The grievances shall be reported to the board after completion of the review.
(B)
The board shall retain all written complaints regarding the plan for at least three (3) years; and
(7)
Provide for other matters as may be necessary and proper for the execution of the board's powers, duties, and obligations under this subchapter.
Acts 1997, No. 292, § 5.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 79 - INSURANCE POLICIES GENERALLY (§§ 23-79-101 — 23-79-2802) › Subchapter 5 - COMPREHENSIVE HEALTH INSURANCE POOL ACT (§§ 23-79-501 — 23-79-517) › Section 23-79-511 - Confidentiality

(a)
(1)
All steps necessary under state and federal law to protect confidentiality of applicants and covered persons shall be undertaken by the Board of Directors of the Arkansas Comprehensive Health Insurance Pool to prevent the identification of individual records of covered persons under the plan, rejected by the plan, or who may become ineligible for further participation in the plan.
(2)
Procedures shall be written by the board to assure the confidentiality of records of persons covered under, rejected by, or who became ineligible for further participation in the plan when gathering and submitting data to the board or any other entity.
(b)
Any information submitted to the board by hospitals or any other provider pursuant to this subchapter from which the identity of a particular individual can be determined shall be privileged and confidential and shall not be disclosed in any manner. The foregoing includes, but shall not be limited to, disclosure, inspection, or copying under the Freedom of Information Act of 1967, §
25-19-101
et seq.
Acts 1997, No. 292, § 11.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 79 - INSURANCE POLICIES GENERALLY (§§ 23-79-101 — 23-79-2802) › Subchapter 5 - COMPREHENSIVE HEALTH INSURANCE POOL ACT (§§ 23-79-501 — 23-79-517) › Section 23-79-512 - Collective action

Neither the participation in the plan as insurers, the establishment of rates, forms, or procedures nor any other joint or collective action required by this subchapter shall be the basis of any legal action, criminal or civil liability, or penalty against the plan or any insurer.
Acts 1997, No. 292, § 12.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 79 - INSURANCE POLICIES GENERALLY (§§ 23-79-101 — 23-79-2802) › Subchapter 5 - COMPREHENSIVE HEALTH INSURANCE POOL ACT (§§ 23-79-501 — 23-79-517) › Section 23-79-513 - Unfair referral to plan - Prohibited practices by employers

(a)
It shall constitute an unfair trade practice under the Trade Practices Act, §
23-66-201
et seq., for an insurer, agent, broker, or third-party administrator to refer an individual to the Arkansas Comprehensive Health Insurance Pool or arrange for an individual to apply to the pool for the purpose of:
(1)
Separating the individual from group health insurance coverage provided by a group health plan; or
(2)
Facilitating enrollment in the pool by any of the following individuals associated with an employer, with the knowledge that the employer intends to pay or is paying all or part of the premium payments owed by the individual for pool coverage:
(A)
An employee of the employer;
(B)
A retired employee of the employer; or
(C)
A dependent of an employee or retired employee of the employer.
(b)
Because pool coverage is not intended to cover participants who are eligible for a group health plan, an individual described in subdivision (a)(2) of this section is not eligible:
(1)
For pool coverage if the employer associated with the applicant intends to pay for all or part of the pool premium payments for the individual; or
(2)
To continue pool coverage if the employer associated with the individual directly or indirectly pays all or part of the pool premium payments for the individual.
Acts 1997, No. 292, § 13; 1997, No. 1000, § 25; 2009, No. 1452, § 3.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 79 - INSURANCE POLICIES GENERALLY (§§ 23-79-101 — 23-79-2802) › Subchapter 5 - COMPREHENSIVE HEALTH INSURANCE POOL ACT (§§ 23-79-501 — 23-79-517) › Section 23-79-516 - Statute of limitations and repose

Because winding up the operations of the Arkansas Comprehensive Health Insurance Pool requires the expeditious determination of its outstanding liabilities, a cause of action against the pool or the Board of Directors of the Arkansas Comprehensive Health Insurance Pool shall be commenced within the earlier of one (1) year after the cause of action accrues or December 31, 2015.
Added by Act 2013, No. 713,§ 2, eff. 4/4/2013.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 79 - INSURANCE POLICIES GENERALLY (§§ 23-79-101 — 23-79-2802) › Subchapter 5 - COMPREHENSIVE HEALTH INSURANCE POOL ACT (§§ 23-79-501 — 23-79-517) › Section 23-79-517 - Individuals moving to Arkansas and previously covered by another qualified high-risk pool

(a)
Notwithstanding §
23-79-510(f)
, if a resident eligible person is eligible for plan coverage because the person previously was covered under a qualified high-risk pool of another state, a preexisting condition exclusion otherwise applicable to the resident eligible person:
(1)
Shall be reduced by each month of coverage in which the resident eligible person was subject to a preexisting condition exclusion in the other state's qualified high-risk pool; or
(2)
Does not apply if the resident eligible person was not subject to a preexisting condition exclusion in the other state's qualified high-risk pool.
(b)
This section expires on the last day an individual may be enrolled into plan coverage under this subchapter.
Added by Act 2013, No. 713,§ 2, eff. 4/4/2013.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 79 - INSURANCE POLICIES GENERALLY (§§ 23-79-101 — 23-79-2802) › Subchapter 6 - COVERAGE FOR DIABETES TREATMENT (§§ 23-79-601 — 23-79-607) › Section 23-79-601 - Definitions

As used in this subchapter:
(1)
"Diabetes self-management training" means instruction in an inpatient or outpatient setting including medical nutrition therapy relating to diet, caloric intake and diabetes management, excluding programs the primary purposes of which are weight reduction, which enables diabetic patients to understand the diabetic management process and daily management of diabetic therapy as a method of avoiding frequent hospitalizations and complications when the instruction is provided in accordance with a program in compliance with the National Standards for Diabetes Self-Management Education and Support as developed by the American Diabetes Association;
(2)
"Healthcare insurer" means any insurance company, fraternal benefit society, hospital and medical services corporation, or health maintenance organization issuing or delivering a health insurance policy subject to any of the following laws:
(A)
The Arkansas Insurance Code;
(B)
Section
23-74-101
et seq., relating to fraternal benefit societies;
(C)
Section
23-75-101
et seq., pertaining to hospital medical service corporations;
(D)
Section
23-76-101
et seq., pertaining to health maintenance organizations; and
(E)
Any successor law of the foregoing; and
(3)
"Health insurance policy" means a group insurance policy, contract, or plan or an individual policy, contract, or plan which provides medical coverage on an expense incurred, service, or prepaid risk-sharing basis. The term includes, but is not limited to, a policy, contract, or plan issued by an entity subject to any of the following laws:
(A)
The Arkansas Insurance Code;
(B)
Section
23-74-101
et seq., relating to fraternal benefit societies;
(C)
Section
23-75-101
et seq., pertaining to hospital medical service corporations;
(D)
Section
23-76-101
et seq., pertaining to health maintenance organizations; and
(E)
Any successor law of the foregoing.
Acts 1997, No. 1249, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 79 - INSURANCE POLICIES GENERALLY (§§ 23-79-101 — 23-79-2802) › Subchapter 6 - COVERAGE FOR DIABETES TREATMENT (§§ 23-79-601 — 23-79-607) › Section 23-79-602 - Diabetes self-management training - Licensed providers - Prescription by physician

(a)
Every health insurance policy shall include coverage for a one-per-lifetime training program per insured for diabetes self-management training when medically necessary as determined by a physician and when provided by an appropriately licensed healthcare professional upon certification by the healthcare professional providing the training that the insured patient has successfully completed the training.
(b)
Every healthcare insurer shall offer, in addition to the one-lifetime-training program provided in subsection (a) of this section, additional diabetes self-management training in the event that a physician prescribes additional diabetes self-management training and it is medically necessary because of a significant change in the insured's symptoms or conditions.
(c)
A licensed healthcare professional shall only provide diabetes self-management training within his or her scope of practice after having demonstrated expertise in diabetes care and treatment and after having completed an educational program required by his or her licensing board when that program is in compliance with the National Standards for Diabetes Self-Management Education and Support as developed by the American Diabetes Association.
(d)
Diabetes self-management training shall be provided only upon prescription by a physician licensed under the Arkansas Medical Practices Act, §
17-95-201
et seq., §
17-95-301
et seq., and §
17-95-401
et seq.
(e)
Nothing in this subchapter shall be construed to prohibit healthcare insurers from selectively negotiating contracts with qualified providers of diabetes self-management training programs.
Acts 1997, No. 1249, § 2.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 79 - INSURANCE POLICIES GENERALLY (§§ 23-79-101 — 23-79-2802) › Subchapter 6 - COVERAGE FOR DIABETES TREATMENT (§§ 23-79-601 — 23-79-607) › Section 23-79-603 - Requirements

(a)
Every health insurance policy shall include medical coverage for medically necessary equipment, supplies, and services for the treatment of Type I diabetes, Type II diabetes, and gestational diabetes, when prescribed by a physician licensed under §
17-95-201
et seq.
(b)
The coverage required by this section shall be consistent with that established for other services covered by a given health insurance policy in regard to any of the following:
(1)
Deductibles, coinsurance, other patient cost-sharing amounts or out-of-pocket limits; or
(2)
Prior authorization or other utilization review requirements or processes.
Acts 1997, No. 1249, § 3.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 79 - INSURANCE POLICIES GENERALLY (§§ 23-79-101 — 23-79-2802) › Subchapter 6 - COVERAGE FOR DIABETES TREATMENT (§§ 23-79-601 — 23-79-607) › Section 23-79-604 - Exclusions

This subchapter shall not be construed as prohibiting a health insurance policy from excluding from coverage diabetes self-management training or equipment or supplies and related services for the treatment of Type I diabetes, Type II diabetes, or gestational diabetes when the training, equipment, supplies, and services are not medically necessary, provided that the medical necessity determination is made in accordance with generally accepted standards of the medical profession and other applicable laws and rules.
Amended by Act 2019, No. 315,§ 2717, eff. 7/24/2019.
Acts 1997, No. 1249, § 4.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 79 - INSURANCE POLICIES GENERALLY (§§ 23-79-101 — 23-79-2802) › Subchapter 6 - COVERAGE FOR DIABETES TREATMENT (§§ 23-79-601 — 23-79-607) › Section 23-79-605 - Rules

The State Insurance Department shall develop and promulgate rules to implement the provisions of this subchapter.
Amended by Act 2019, No. 315,§ 2718, eff. 7/24/2019.
Acts 1997, No. 1249, § 5.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 79 - INSURANCE POLICIES GENERALLY (§§ 23-79-101 — 23-79-2802) › Subchapter 6 - COVERAGE FOR DIABETES TREATMENT (§§ 23-79-601 — 23-79-607) › Section 23-79-606 - Applicability - Delivery within state

(a)
This subchapter shall apply to any health insurance policy that is delivered, issued for delivery, renewed, extended, or modified in this state on or after August 1, 1997.
(b)
If a health insurance policy provides coverage or benefits to an Arkansas resident, the health insurance policy shall be deemed to be delivered in this state within the meaning of this subchapter, regardless of whether the healthcare insurer or other entity that provides the coverage is located within or outside of Arkansas.
Acts 1997, No. 1249, § 6.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 79 - INSURANCE POLICIES GENERALLY (§§ 23-79-101 — 23-79-2802) › Subchapter 6 - COVERAGE FOR DIABETES TREATMENT (§§ 23-79-601 — 23-79-607) › Section 23-79-607 - Applicability - Exceptions

This subchapter shall not apply to:
(1)
Long-term care plans;
(2)
Disability income plans;
(3)
Short-term nonrenewable individual health insurance policies that expire after six (6) months;
(4)
Medical payments under homeowner or automobile insurance policies; and
(5)
Workers' compensation insurance.
Acts 1997, No. 1249, § 7.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 79 - INSURANCE POLICIES GENERALLY (§§ 23-79-101 — 23-79-2802) › Subchapter 7 - TAX CREDITS FOR MEDICALLY NECESSARY FOODS (§§ 23-79-701 — 23-79-703) › Section 23-79-701 - Definitions

As used in this subchapter:
(1)
"Healthcare services" means any services included in the furnishing to any individual of medical or hospitalization or services incident to the furnishing of care or hospitalization, as well as the furnishing to any person of any and all other services or goods for the purpose of preventing, alleviating, curing, or healing human illness or injury;
(2)
"Health plan" means any group, blanket, or individual accident and health insurance policy, contract, or plan issued in this state by an insurance company, hospital medical service corporation, or health maintenance organization, provided that nothing in this subchapter shall apply to accident only, specified disease, hospital indemnity, medicare supplement, long-term care, disability income, or other limited benefit health insurance policies;
(3)
"Inherited metabolic disease" means a disease caused by an inherited abnormality of body chemistry;
(4)
"Low protein modified food product" means a food product that is specifically formulated to have less than one gram (1 g) of protein per serving and intended to be used under the direction of a physician for the dietary treatment of an inherited metabolic disease;
(5)
"Medical food" means a food that is intended for the dietary treatment of a disease or condition for which nutritional requirements are established by recognized scientific principles and formulated to be consumed or administered enterally under the direction of a physician; and
(6)
"Provider" means any person who is licensed in this state to furnish healthcare services as a health professional.
Acts 1999, No. 1113, § 1; 2001, No. 95, § 1; 2001, No. 1603, § 37.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 79 - INSURANCE POLICIES GENERALLY (§§ 23-79-101 — 23-79-2802) › Subchapter 7 - TAX CREDITS FOR MEDICALLY NECESSARY FOODS (§§ 23-79-701 — 23-79-703) › Section 23-79-702 - Tax credit for medically necessary medical foods and low protein modified food products

(a)
A credit of up to two thousand four hundred dollars ($2,400) per year per child shall be allowed to individuals or to families with a dependent child or children with phenylketonuria, galactosemia, organic acidemias, and disorders of amino acid metabolism against the income tax imposed by the Income Tax Act of 1929, §
26-51-101
et seq., for expenses for the purchase of medically necessary medical foods and low protein modified food products.
(b)
The credit allowed in this section shall be effective for taxable years beginning January 1, 1999.
(c)
To the extent that the credit fully available under this subchapter is not fully utilized in this first year, it may be carried forward for an additional two (2) years. Any credit remaining thereafter shall expire.
Acts 1999, No. 1113, § 2; 2003, No. 1440, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 79 - INSURANCE POLICIES GENERALLY (§§ 23-79-101 — 23-79-2802) › Subchapter 8 - ARKANSAS HEALTH INSURANCE CONSUMER CHOICE ACT (§§ 23-79-801 — 23-79-805) › Section 23-79-801 - Title

This subchapter shall be known and cited as the "Arkansas Health Insurance Consumer Choice Act".
Acts 2001, No. 924, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 79 - INSURANCE POLICIES GENERALLY (§§ 23-79-101 — 23-79-2802) › Subchapter 8 - ARKANSAS HEALTH INSURANCE CONSUMER CHOICE ACT (§§ 23-79-801 — 23-79-805) › Section 23-79-802 - Definitions

As used in this subchapter:
(1)
"Health benefits plan" means any individual, blanket, or group plan, policy, or contract for healthcare services, issued or delivered by a healthcare insurer, health maintenance organization, or hospital and medical service corporation, excluding plans, policies, or contracts providing healthcare benefits or healthcare services pursuant to Arkansas Constitution, Article 5, § 32, the Workers' Compensation Law, §
11-9-101
et seq., the Public Employee Workers' Compensation Act, §
21-5-601
et seq., and the no-fault medical and hospital benefit requirements under §
23-89-202
; and
(2)
(A)
(i)
"State-mandated health benefits" means coverages for healthcare services or benefits required by state law or state rules, requiring the reimbursement or utilization related to a specific health illness, injury, or condition of the covered person or inclusion of a specific category of licensed healthcare practitioner to be provided to the covered person in a health benefits plan for a health-related condition of a covered person.
(ii)
However, for the purposes of the options provided by this subchapter, state-mandated health benefits that may be excluded, in whole or in part, shall not include any healthcare services or benefits that were mandated by Acts 1971, No. 34.
(B)
"State-mandated health benefits" does not mean standard provisions or rights required to be present in a health benefit plan pursuant to state law or rules unrelated to a specific health illness, injury, or condition of the insured, including, but not limited to, those related to continuation of benefits in §
23-86-114
, or entitlement to a conversion policy under §
23-86-115
.
Amended by Act 2019, No. 315,§ 2719, eff. 7/24/2019.
Acts 2001, No. 924, § 2.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 79 - INSURANCE POLICIES GENERALLY (§§ 23-79-101 — 23-79-2802) › Subchapter 8 - ARKANSAS HEALTH INSURANCE CONSUMER CHOICE ACT (§§ 23-79-801 — 23-79-805) › Section 23-79-803 - Requirements relating to offering a health benefits plan not subject to state-mandated health benefits

(a)
Every group accident and health insurer, hospital and medical service corporation, or health maintenance organization transacting health or accident and health insurance in this state may offer, as an option, a group health benefits plan that, either in whole or in part, does not provide state-mandated health benefits on group health benefits plans under state law.
(b)
Every accident and health insurer transacting individual major medical insurance in this state may offer, as an option, an individual health benefits plan that, either in whole or in part, does not provide state-mandated health benefits on individual health benefit plans under state law.
(c)
In each sale of health policies or health contracts in which the proposed insured has selected a health benefits plan that, either in whole or in part, does not provide state-mandated health benefits, the accident and health insurer, hospital and medical service corporation, or health maintenance organization shall provide to the policyholder and to each certificate holder of a group health benefit plan a written notice, in a form and manner required by rule promulgated by the Insurance Commissioner, that one (1) or more of the mandated benefits are not included in the health benefit plan selected by the policyholder.
Amended by Act 2019, No. 315,§ 2720, eff. 7/24/2019.
Acts 2001, No. 924, § 3; 2003, No. 1359, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 79 - INSURANCE POLICIES GENERALLY (§§ 23-79-101 — 23-79-2802) › Subchapter 8 - ARKANSAS HEALTH INSURANCE CONSUMER CHOICE ACT (§§ 23-79-801 — 23-79-805) › Section 23-79-805 - Rules

The Insurance Commissioner may promulgate rules necessary to implement the provisions of this subchapter.
Amended by Act 2019, No. 315,§ 2721, eff. 7/24/2019.
Acts 2001, No. 924, § 5.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 79 - INSURANCE POLICIES GENERALLY (§§ 23-79-101 — 23-79-2802) › Subchapter 10 - HEALTH INSURANCE FLEXIBILITY AND ACCOUNTABILITY INITIATIVE (§§ 23-79-1001 — 23-79-1005) › Section 23-79-1001 - Findings and purpose

(a)
The General Assembly finds that:
(1)
Many Arkansans have no health insurance;
(2)
Increasing the number of persons with health insurance will improve the overall health of the people of the state; and
(3)
The United States Department of Health and Human Services created the Health Insurance Flexibility and Accountability demonstration initiative to give states more flexibility in creating approaches to maximize private healthcare options.
(b)
The Arkansas Safety-net Benefit Program is intended to provide safety-net health care for qualifying uninsured employed individuals.
Acts 2003, No. 1044, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 79 - INSURANCE POLICIES GENERALLY (§§ 23-79-101 — 23-79-2802) › Subchapter 10 - HEALTH INSURANCE FLEXIBILITY AND ACCOUNTABILITY INITIATIVE (§§ 23-79-1001 — 23-79-1005) › Section 23-79-1002 - Medicaid demonstration initiative

(a)
Subject to obtaining all necessary federal approvals, including approval of a demonstration waiver under section 1115 of the Social Security Act as in effect January 1, 2003, the Department of Human Services may administer the Health Insurance Flexibility and Accountability demonstration initiative created in §
23-79-1004
.
(b)
Coverage may include certain spouses of covered employed individuals.
Acts 2003, No. 1044, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 79 - INSURANCE POLICIES GENERALLY (§§ 23-79-101 — 23-79-2802) › Subchapter 10 - HEALTH INSURANCE FLEXIBILITY AND ACCOUNTABILITY INITIATIVE (§§ 23-79-1001 — 23-79-1005) › Section 23-79-1003 - Arkansas Safety-net Benefit Program

(a)
(1)
There is created the Arkansas Safety-net Benefit Program.
(2)
Employer participation in the program shall be voluntary.
(b)
Employers electing to participate shall comply with all program requirements, including, but not limited to:
(1)
Establishing that all employees have health insurance coverage; and
(2)
Making payments to the program at times and in amounts as determined by the Department of Human Services to be necessary for the operation of the program for:
(A)
All covered employees and covered spouses; and
(B)
All other employees, regardless of income, except employees exempted by rule of the department.
Acts 2003, No. 1044, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 79 - INSURANCE POLICIES GENERALLY (§§ 23-79-101 — 23-79-2802) › Subchapter 10 - HEALTH INSURANCE FLEXIBILITY AND ACCOUNTABILITY INITIATIVE (§§ 23-79-1001 — 23-79-1005) › Section 23-79-1004 - Arkansas Safety-net Benefit Fund

(a)
(1)
There is created the Arkansas Safety-net Benefit Fund.
(2)
The fund shall be administered by the Department of Finance and Administration.
(b)
(1)
The fund shall not be deposited into a general revenue holding account or regulated by the State Insurance Department and shall be used only for the Arkansas Safety-net Benefit Program.
(2)
However, if the federal government eliminates or substantially modifies the Health Insurance Flexibility and Accountability demonstration initiative or withdraws approval of the program, moneys remaining in the fund shall not be placed in the State Treasury but shall be expended to provide services to beneficiaries of the program.
(3)
Moneys in the fund may carry over from the first fiscal year of any biennium to the second fiscal year of the biennium and from one biennium to the next.
Acts 2003, No. 1044, § 1; 2005, No. 1681, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 79 - INSURANCE POLICIES GENERALLY (§§ 23-79-101 — 23-79-2802) › Subchapter 10 - HEALTH INSURANCE FLEXIBILITY AND ACCOUNTABILITY INITIATIVE (§§ 23-79-1001 — 23-79-1005) › Section 23-79-1005 - Department of Human Services - Powers and duties

(a)
The Department of Human Services shall promulgate rules to implement this subchapter.
(b)
The Department of Human Services shall administer the Arkansas Safety-net Benefit Program and the Arkansas Safety-net Benefit Fund.
(c)
The Department of Human Services shall:
(1)
Prepare and submit to the United States Department of Health and Human Services a request for a demonstration waiver under section 1115 of the Social Security Act, describing one (1) or more statewide health insurance limited safety-net benefit packages that can be funded within existing allotments received by the state under Title XXI of the Social Security Act;
(2)
Administer the Arkansas Safety-net Benefit Program and the Arkansas Safety-net Benefit Fund in accordance with a federally approved Health Insurance Flexibility and Accountability demonstration initiative waiver;
(3)
Deposit Arkansas Employer Sponsored Insurance Fund revenues into insured interest-bearing accounts at banking institutions in Arkansas; and
(4)
Expend Arkansas Safety-net Benefit Fund moneys as state matching funds in accordance with the requirements of federal healthcare programs and the Arkansas Safety-net Benefit Program.
Acts 2003, No. 1044, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 79 - INSURANCE POLICIES GENERALLY (§§ 23-79-101 — 23-79-2802) › Subchapter 11 - EQUITY IN PRESCRIPTION INSURANCE AND CONTRACEPTIVE COVERAGE ACT (§§ 23-79-1101 — 23-79-1104) › Section 23-79-1101 - Title

This subchapter shall be known and may be cited as the "Equity in Prescription Insurance and Contraceptive Coverage Act".
Acts 2005, No. 2217, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 79 - INSURANCE POLICIES GENERALLY (§§ 23-79-101 — 23-79-2802) › Subchapter 11 - EQUITY IN PRESCRIPTION INSURANCE AND CONTRACEPTIVE COVERAGE ACT (§§ 23-79-1101 — 23-79-1104) › Section 23-79-1102 - Definitions

As used in this subchapter:
(1)
(A)
"Health benefit policy" means an individual or group plan, policy, or contract for healthcare services issued, delivered, issued for delivery, or renewed in this state, including those contracts executed by the State of Arkansas on behalf of state employees, by a healthcare corporation, health maintenance organization, preferred provider organization, accident and sickness insurer, fraternal benefit society, hospital service corporation, medical service corporation, provider-sponsored healthcare corporation, or other insurer or similar entity.
(B)
"Health benefit policy" does not include:
(i)
Accident-only, credit, specified disease, dental, hospital indemnity, Medicare supplement, long-term care, or disability income insurance policies;
(ii)
Coverage issued as a supplement to liability insurance;
(iii)
Workers' compensation or similar insurance; or
(iv)
Automobile medical-payment insurance;
(2)
"Insurer" means an accident and sickness insurer, fraternal benefit society, hospital service corporation, medical service corporation, healthcare corporation, health maintenance organization, or any similar entity authorized to issue contracts under Title 23 of this Code; and
(3)
"Religious employer" means an entity that:
(A)
Is organized and operated for religious purposes and has received a section 501(c)(3) designation from the Internal Revenue Service;
(B)
Has as one (1) of its primary purposes the inculcation of religious values; and
(C)
Employs primarily persons who share its religious tenets.
Acts 2005, No. 2217, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 79 - INSURANCE POLICIES GENERALLY (§§ 23-79-101 — 23-79-2802) › Subchapter 11 - EQUITY IN PRESCRIPTION INSURANCE AND CONTRACEPTIVE COVERAGE ACT (§§ 23-79-1101 — 23-79-1104) › Section 23-79-1103 - Parity for contraceptives

(a)
Every health benefit policy that is delivered, issued, executed, or renewed in this state or approved for issuance or renewal in this state by the Insurance Commissioner on or after August 12, 2005, that provides coverage for prescription drugs on an outpatient basis shall provide coverage for prescribed drugs or devices approved by the United States Food and Drug Administration for use as a contraceptive.
(b)
Nothing contained in this subchapter shall be construed to require any insurance company to provide coverage for an abortion, an abortifacient, or any United States Food and Drug Administration-approved emergency contraception.
Acts 2005, No. 2217, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 79 - INSURANCE POLICIES GENERALLY (§§ 23-79-101 — 23-79-2802) › Subchapter 11 - EQUITY IN PRESCRIPTION INSURANCE AND CONTRACEPTIVE COVERAGE ACT (§§ 23-79-1101 — 23-79-1104) › Section 23-79-1104 - Extraordinary surcharges prohibited

(a)
No insurer shall impose upon any person receiving prescription contraceptive benefits pursuant to this subchapter any:
(1)
Copayment, coinsurance payment, or fee that is not equally imposed upon all individuals in the same benefit category, class, coinsurance level, or copayment level receiving benefits for prescription drugs; or
(2)
Reduction in allowable reimbursement for prescription drug benefits.
(b)
This subchapter shall not be construed to:
(1)
Require coverage for prescription coverage benefits in any contract, policy, or plan that does not otherwise provide coverage for prescription drugs;
(2)
(A)
Preclude the use of closed formularies.
(B)
However, the formularies shall include oral, implant, and injectable contraceptive drugs, intrauterine devices, and prescription barrier methods; or
(3)
Require any religious employer to comply with this subchapter.
Acts 2005, No. 2217, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 79 - INSURANCE POLICIES GENERALLY (§§ 23-79-101 — 23-79-2802) › Subchapter 12 - COVERAGE FOR COLORECTAL CANCER SCREENING (§§ 23-79-1201 — 23-79-1209) › Section 23-79-1201 - Definitions

As used in this subchapter:
(1)
"Covered person" means a person who is and continues to remain eligible for coverage under a healthcare policy and is covered under a healthcare policy;
(2)
"Follow-up colonoscopy" means a colonoscopy that is performed as a follow-up to a colorectal cancer screening test, other than a colonoscopy, the result of which is:
(A)
Positive; and
(B)
Assigned either a grade of "A" or a grade of "B" by the United States Preventive Services Task Force;
(3)
(A)
"Healthcare policy" means:
(i)
An individual or group health insurance policy providing coverage on an expense-incurred basis;
(ii)
An individual or group service or indemnity type contract issued by a nonprofit corporation;
(iii)
An individual or group service contract issued by a health maintenance organization;
(iv)
A group accident and sickness insurance policy issued by a fraternal benefit society, a nonprofit hospital service corporation, a nonprofit medical service corporation, a group healthcare plan, a health maintenance organization, or any similar entity; and
(v)
A policy issued by or in connection with:
(a)
The Arkansas medical assistance program and its contracted insurers, whether providing services on a managed-care or fee-for-service basis;
(b)
The state employees' and public school teachers' health insurance programs;
(c)
A self-insured group arrangement to the extent not preempted by federal law; and
(d)
A managed healthcare delivery entity of any type or description.
(B)
"Healthcare policy" does not include an accident-only, specified disease, hospital indemnity, Medicare supplement, long-term care, disability income, or other limited benefit health insurance policy; and
(4)
"Persons at high risk for colorectal cancer" means:
(A)
Individuals over forty-five (45) years of age or who face a high risk for colorectal cancer because of:
(i)
The presence of one (1) or more adenomatous polyps on a previous colonoscopy or flexible sigmoidoscopy;
(ii)
A family history of colorectal cancer;
(iii)
Genetic alterations of hereditary nonpolyposis colon cancer or familial adenomatous polyposis;
(iv)
A personal history of colorectal cancer, ulcerative colitis, or Crohn's disease; or
(v)
The presence of any appropriate recognized gene markers for colorectal cancer or other predisposing factors; and
(B)
Any additional or expanded definition of "persons at high risk for colorectal cancer" as recognized by medical science and determined by the Secretary of the Department of Health in consultation with the University of Arkansas for Medical Sciences and consistent with guidelines issued by the United States Preventive Services Task Force.
Amended by Act 2021, No. 779,§ 2, eff. 1/1/2022.
Amended by Act 2021, No. 779,§ 1, eff. 1/1/2022.
Amended by Act 2019, No. 910,§ 5107, eff. 7/1/2019.
Acts 2005, No. 2236, § 2.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 79 - INSURANCE POLICIES GENERALLY (§§ 23-79-101 — 23-79-2802) › Subchapter 12 - COVERAGE FOR COLORECTAL CANCER SCREENING (§§ 23-79-1201 — 23-79-1209) › Section 23-79-1203 - Certain activities not prohibited

(a)
This subchapter does not prohibit the issuance of policies that provide benefits greater than those required by §
23-79-1202
or more favorable to the insured than those required by §
23-79-1202
.
(b)
This subchapter does not prohibit the payment of different levels of benefits or from having differences in coinsurance percentages applicable to benefit levels for services provided by preferred and nonpreferred providers as otherwise authorized by law relating to preferred provider arrangements.
Acts 2005, No. 2236, § 2.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 79 - INSURANCE POLICIES GENERALLY (§§ 23-79-101 — 23-79-2802) › Subchapter 12 - COVERAGE FOR COLORECTAL CANCER SCREENING (§§ 23-79-1201 — 23-79-1209) › Section 23-79-1204 - Exclusions and reductions - Benefits subject to annual deductible and coinsurance

(a)
Except as provided in subsection (b) of this section and §
23-79-1207
, the coverage offered under §
23-79-1202
may contain any exclusions, reductions, or other limitations approved by the Insurance Commissioner concerning coverages, deductibles, or coinsurance provisions.
(b)
The benefits provided in this subchapter are subject to the same annual deductible or coinsurance established for all other covered benefits within a healthcare policy.
Amended by Act 2021, No. 779,§ 4, eff. 1/1/2022.
Acts 2005, No. 2236, § 2.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 79 - INSURANCE POLICIES GENERALLY (§§ 23-79-101 — 23-79-2802) › Subchapter 12 - COVERAGE FOR COLORECTAL CANCER SCREENING (§§ 23-79-1201 — 23-79-1209) › Section 23-79-1205 - Coverage by participating providers - Selection criteria and utilization protocols - Maximum benefits - Exclusions

(a)
(1)
This subchapter does not require and shall not be construed to require the coverage of services by providers who are not designated as covered providers or that are not selected as a participating provider by a group health benefit plan or insurer having a participating network of service providers.
(2)
This subchapter does not expand the list or designation of participating providers as specified in any health benefit plan.
(b)
Insurers or other issuers of any health benefit plan covered by this subchapter may continue to establish and apply selection criteria and utilization protocols for healthcare providers including:
(1)
The designation of types of providers for which coverage is provided; and
(2)
Credentialing criteria used in the selection of providers.
(c)
A healthcare policy that provides coverage for the services offered under this subchapter may contain provisions for maximum benefits and coinsurance limitations, deductibles, exclusions, and utilization review protocols to the extent that the provisions are not inconsistent with the requirements of this subchapter.
Acts 2005, No. 2236, § 2.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 79 - INSURANCE POLICIES GENERALLY (§§ 23-79-101 — 23-79-2802) › Subchapter 12 - COVERAGE FOR COLORECTAL CANCER SCREENING (§§ 23-79-1201 — 23-79-1209) › Section 23-79-1206 - Additional benefit costs

The issuer of a healthcare policy shall conform its policies, contracts, or certificates issued on or after August 1, 2005, and may adjust its premium cost to reflect the additional benefit cost.
Acts 2005, No. 2236, § 2.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 79 - INSURANCE POLICIES GENERALLY (§§ 23-79-101 — 23-79-2802) › Subchapter 12 - COVERAGE FOR COLORECTAL CANCER SCREENING (§§ 23-79-1201 — 23-79-1209) › Section 23-79-1207 - Cost-sharing

(a)
To encourage colorectal cancer screenings, patients and healthcare providers shall not be required to meet burdensome criteria or overcome significant obstacles to obtain coverage.
(b)
(1)
An individual shall not be required to pay an additional deductible or coinsurance for testing that is greater than an annual deductible or coinsurance established for similar benefits.
(2)
(A)
Beginning on and after January 1, 2022, a healthcare policy offered to an employee at the time of hiring or healthcare policy renewal shall not contain a cost-sharing requirement for a follow-up colonoscopy.
(B)
A covered person shall not be subject to a deductible, coinsurance, or any other cost-sharing requirement for services received from participating providers under a healthcare policy following an abnormal noncolonoscopy screening test, as an initial screening test is not considered complete until a follow-up colonoscopy is performed.
(c)
If the program or contract does not cover a similar benefit, a deductible or coinsurance shall not be set at a level that materially diminishes the value of the colorectal cancer benefit required under this subchapter.
(d)
Reimbursement to healthcare providers for colorectal cancer screenings provided under this section shall be equal to or greater than reimbursement to healthcare providers under Medicare, Title XVII of the Social Security Act,
42 U.S.C. § 1395
et seq., as it existed on January 1, 2021.
Amended by Act 2021, No. 779,§ 5, eff. 1/1/2022.
Acts 2005, No. 2236, § 2.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 79 - INSURANCE POLICIES GENERALLY (§§ 23-79-101 — 23-79-2802) › Subchapter 12 - COVERAGE FOR COLORECTAL CANCER SCREENING (§§ 23-79-1201 — 23-79-1209) › Section 23-79-1208 - Referrals to participating providers

A healthcare policy is not required to provide a referral under this subchapter to a nonparticipating healthcare provider unless the plan or carrier does not have a participating healthcare provider that is available and accessible to administer the screening, examination, or treatment of colorectal cancer.
Acts 2005, No. 2236, § 2.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 79 - INSURANCE POLICIES GENERALLY (§§ 23-79-101 — 23-79-2802) › Subchapter 12 - COVERAGE FOR COLORECTAL CANCER SCREENING (§§ 23-79-1201 — 23-79-1209) › Section 23-79-1209 - Payment of nonparticipating providers

If a healthcare policy refers an individual under this subchapter to a nonparticipating healthcare provider, then services provided under the approved screening exam or resulting treatment, if any, shall be provided at no additional cost to the individual beyond what the individual would otherwise pay to a participating healthcare provider.
Acts 2005, No. 2236, § 2.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 79 - INSURANCE POLICIES GENERALLY (§§ 23-79-101 — 23-79-2802) › Subchapter 13 - COVERAGE FOR PROSTATE CANCER SCREENING (§§ 23-79-1301 — 23-79-1303) › Section 23-79-1301 - Findings

The General Assembly finds that:
(1)
Prostate cancer is the second leading cause of cancer in men;
(2)
In Arkansas, more men die from prostate cancer than women die of breast cancer, the tenth-highest death rate in the nation;
(3)
Even though the death rate for prostate cancer has decreased in Arkansas, there has been a fifty-five percent (55%) increase in premature death before sixty-five (65) years of age;
(4)
Arkansas's African-American men are fifty-five percent (55%) more likely to develop prostate cancer and one hundred seventy-six percent (176%) more likely to die from prostate cancer than Arkansas's Caucasian men;
(5)
The Arkansas Central Cancer Registry data indicates that there has been a steady increase in the number of new cases of prostate cancer and a steady decrease in deaths from prostate cancer in Arkansas since 1999, indicating that there have been improvements in discovering prostate cancer before symptoms appear;
(6)
Studies have found that men between fifty (50) years of age and sixty (60) years of age who were diagnosed with prostate cancer were sixty percent (60%) more likely to suffer premature death than those men who were diagnosed at an earlier age;
(7)
Identifying the characteristics of high-risk men and fostering early diagnosis and appropriate treatment could:
(A)
Prevent premature deaths;
(B)
Decrease:
(i)
Adverse effects and death from prostate cancer, particularly in the underserved populations;
(ii)
Health disparities; and
(iii)
Prostate cancer treatment costs through diagnosis at an earlier stage; and
(C)
Improve and extend quality of life; and
(8)
The cost of treatment per man for:
(A)
Early-stage prostate cancer is fifty-eight thousand dollars ($58,000); and
(B)
Late-stage prostate cancer is more than ninety-three thousand dollars ($93,000).
Acts 2009, No. 75, § 1.