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 99 - HEALTH CARE PROVIDERS (§§ 23-99-201 — 23-99-1802) › Subchapter 11 - PRIOR AUTHORIZATION TRANSPARENCY ACT (§§ 23-99-1101 — 23-99-1130) › Section 23-99-1130 - HIV pre-exposure prophylaxis and HIV post-exposure prophylaxis - Definitions

(a)
As used in this section:
(1)
"AIDS" means acquired immunodeficiency syndrome; and
(2)
"HIV" means the human immunodeficiency virus or any other identified causative agent of acquired immunodeficiency syndrome.
(b)
Except as provided in subsection (c) of this section, a health benefit plan or healthcare insurer shall not require prior authorization or step therapy for antiretroviral drugs that are medically necessary for the prevention of HIV or AIDS, including HIV pre-exposure prophylaxis and HIV post-exposure prophylaxis.
(c)
If the United States Food and Drug Administration approves one (1) or more therapeutic equivalents of a drug, device, or product for the prevention of HIV or AIDS, a health benefit plan or healthcare insurer is not required to cover all therapeutically equivalent versions without prior authorization or step therapy if at least one (1) therapeutically equivalent version is covered without prior authorization or step therapy.
Added by Act 2023, No. 314,§ 5, eff. 8/1/2023.
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 99 - HEALTH CARE PROVIDERS (§§ 23-99-201 — 23-99-1802) › Subchapter 12 - HEALTHCARE CONTRACTING SIMPLIFICATION ACT (§§ 23-99-1201 — 23-99-1210) › Section 23-99-1201 - Title

This subchapter shall be known and may be cited as the "Healthcare Contracting Simplification Act".
Added by Act 2019, No. 734,§ 1, eff. 7/24/2019.
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 99 - HEALTH CARE PROVIDERS (§§ 23-99-201 — 23-99-1802) › Subchapter 12 - HEALTHCARE CONTRACTING SIMPLIFICATION ACT (§§ 23-99-1201 — 23-99-1210) › Section 23-99-1204 - Prohibition - Most favored nation clause

(a)
A contracting entity shall not:
(1)
Offer to a healthcare provider a healthcare contract that includes a most favored nation clause;
(2)
Enter into a healthcare contract with a healthcare provider that includes a most favored nation clause; or
(3)
Amend or renew an existing healthcare contract previously entered into with a healthcare provider so that the contract as amended or renewed adds or continues to include a most favored nation clause.
(b)
(1)
A violation of this section is:
(A)
An unfair trade practice under §
23-66-206
; and
(B)
Subject to the Trade Practices Act, §
23-66-201
et seq.
(2)
If a healthcare contract contains a provision that violates this section, the healthcare contract is void.
Added by Act 2019, No. 734,§ 1, eff. 7/24/2019.
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 99 - HEALTH CARE PROVIDERS (§§ 23-99-201 — 23-99-1802) › Subchapter 12 - HEALTHCARE CONTRACTING SIMPLIFICATION ACT (§§ 23-99-1201 — 23-99-1210) › Section 23-99-1205 - Contracting process

(a)
(1)
A material amendment to a healthcare contract is allowed if a contracting entity provides to a participating healthcare provider the material amendment at least ninety (90) days before the effective date of the material amendment and in writing.
(2)
The notice required under subdivision (a)(1) of this section shall specify the precise healthcare contract or healthcare contracts to which the material amendment applies and be conspicuously labeled as follows:
"Notice of Material Amendment to Healthcare Contract".
(3)
The notice shall contain sufficient information about the amendment to allow a healthcare provider to assess the financial impact, if any, of the amendment.
(b)
A notice described under subdivision (a)(1) of this section is not required for a material amendment resulting solely from a change in a fee schedule or code set if:
(1)
The fee schedule or code set is published by the United States Government or another third party; and
(2)
The terms of the healthcare contract expressly state that the healthcare provider's compensation or claims submission is based on the fee schedule or code set.
(c)
(1)
Within ten (10) business days of a healthcare provider's request, a contracting entity shall provide to the healthcare provider a full and complete copy of each healthcare contract between the contracting entity and the healthcare provider.
(2)
A full and complete copy of the healthcare contract shall include any amendments to the healthcare contract.
(d)
(1)
(A)
A healthcare contract shall open for renegotiation and revision at least one (1) time every three (3) years.
(B)
Under subdivision (d)(1)(A) of this section, a party to the healthcare contract is not required to terminate the healthcare contract in order to open the healthcare contract for renegotiation of the terms.
(2)
This section does not prohibit a renegotiation of a healthcare contract at any time during the term of the healthcare contract.
(e)
(1)
A violation of this section is:
(A)
An unfair trade practice under §
23-66-206
; and
(B)
Subject to the Trade Practices Act, §
23-66-201
et seq.
(2)
If a healthcare contract contains a provision that violates this section, the healthcare contract is void.
Added by Act 2019, No. 734,§ 1, eff. 7/24/2019.
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 99 - HEALTH CARE PROVIDERS (§§ 23-99-201 — 23-99-1802) › Subchapter 12 - HEALTHCARE CONTRACTING SIMPLIFICATION ACT (§§ 23-99-1201 — 23-99-1210) › Section 23-99-1206 - Freedom of contract

(a)
A contracting entity shall not, directly or indirectly, offer or enter into a healthcare contract that:
(1)
Prohibits a participating healthcare provider from entering into a healthcare contract with another contracting entity; or
(2)
Prohibits a contracting entity from entering into a healthcare contract with another healthcare provider.
(b)
(1)
A violation of this section is:
(A)
An unfair trade practice under §
23-66-206
; and
(B)
Subject to the Trade Practices Act, §
23-66-201
et seq.
(2)
If a healthcare contract contains a provision that violates this section, the healthcare contract is void.
Added by Act 2019, No. 734,§ 1, eff. 7/24/2019.
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 99 - HEALTH CARE PROVIDERS (§§ 23-99-201 — 23-99-1802) › Subchapter 12 - HEALTHCARE CONTRACTING SIMPLIFICATION ACT (§§ 23-99-1201 — 23-99-1210) › Section 23-99-1207 - Enforcement

(a)
A contracting entity is subject to the Trade Practices Act, §
23-66-201
et seq.
(b)
The State Insurance Department shall enforce this subchapter.
Added by Act 2019, No. 734,§ 1, eff. 7/24/2019.
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 99 - HEALTH CARE PROVIDERS (§§ 23-99-201 — 23-99-1802) › Subchapter 12 - HEALTHCARE CONTRACTING SIMPLIFICATION ACT (§§ 23-99-1201 — 23-99-1210) › Section 23-99-1208 - Rules

(a)
The Insurance Commissioner shall promulgate rules necessary to ensure compliance with this subchapter.
(b)
(1)
When adopting the initial rules to ensure compliance with this subchapter, the final rule shall be filed with the Secretary of State for adoption under §
25-15-204(f)
:
(A)
On or before March 1, 2020; or
(B)
If approval under §
10-3-309
has not occurred by March 1, 2020, as soon as practicable after approval under §
10-3-309
.
(2)
The commissioner shall file the proposed rule with the Legislative Council under §
10-3-309(c)
sufficiently in advance of March 1, 2020, so that the Legislative Council may consider the rule for approval before March 1, 2020.
Added by Act 2019, No. 734,§ 1, eff. 7/24/2019.
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 99 - HEALTH CARE PROVIDERS (§§ 23-99-201 — 23-99-1802) › Subchapter 12 - HEALTHCARE CONTRACTING SIMPLIFICATION ACT (§§ 23-99-1201 — 23-99-1210) › Section 23-99-1209 - Effective date

(a)
This subchapter applies to the activities of risk-based provider organizations on and after January 1, 2021.
(b)
Except as provided in subsection (a) of this section, this subchapter is effective on and after September 1, 2019.
Added by Act 2019, No. 734,§ 1, eff. 7/24/2019.
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 99 - HEALTH CARE PROVIDERS (§§ 23-99-201 — 23-99-1802) › Subchapter 12 - HEALTHCARE CONTRACTING SIMPLIFICATION ACT (§§ 23-99-1201 — 23-99-1210) › Section 23-99-1210 - Healthcare contract or provider network - Prohibition

(a)
A healthcare insurer shall not:
(1)
Lease, rent, or sell a healthcare contract or provider network of a health benefit plan to another healthcare insurer or third-party administrator; or
(2)
In any manner allow the use of a healthcare contract or provider network of a health benefit plan by another healthcare insurer or third-party administrator.
(b)
(1)
A violation of this section is:
(A)
An unfair trade practice under §
23-66-206
; and
(B)
Subject to the Trade Practices Act, §
23-66-201
et seq.
(2)
If a healthcare contract contains a provision that violates this section, then the provision under the healthcare contract is void.
(c)
This section does not apply if a healthcare insurer:
(1)
Grants access to the healthcare insurer's provider network contract to another healthcare insurer or entity that is:
(A)
An affiliate of the healthcare insurer; or
(B)
Operating according to the same brand licensee program as the healthcare insurer; or
(2)
Provides notice of the intent to lease, rent, or sell a healthcare contract or provider network of a health benefit plan to another healthcare insurer or third-party administrator;
(3)
Allows a healthcare provider that is a party to the healthcare contract or provider network of a health benefit plan the opportunity to opt out of participating in the:
(A)
Proposed lease, rental, or sale of a healthcare contract or provider network of a health benefit plan entirely upon the execution or renewal of the healthcare contract; and
(B)
Lease, rental, or sale of a healthcare contract with respect to an individual healthcare insurer or third-party administrator upon notice that the individual healthcare insurer or third-party administrator has violated the terms of the healthcare contract; and
(4)
Provides contact information for the healthcare insurer or third-party administrator using the healthcare contract or provider network of a health benefit plan, including without limitation:
(A)
Contact name;
(B)
Mailing address;
(C)
Direct telephone number for customer service matters; and
(D)
Direct email address for customer service matters.
Added by Act 2023, No. 576,§ 5, eff. 8/1/2023.
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 99 - HEALTH CARE PROVIDERS (§§ 23-99-201 — 23-99-1802) › Subchapter 13 - ASSIGNMENT OF BENEFITS (§§ 23-99-1301 — 23-99-1305) › Section 23-99-1303 - Waiver prohibited

(a)
This subchapter shall not be waived by contract.
(b)
A contractual arrangement or actions taken in conflict with this subchapter or that purport to waive any requirement of this subchapter are void.
Added by Act 2019, No. 736,§ 1, eff. 7/24/2019.
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 99 - HEALTH CARE PROVIDERS (§§ 23-99-201 — 23-99-1802) › Subchapter 13 - ASSIGNMENT OF BENEFITS (§§ 23-99-1301 — 23-99-1305) › Section 23-99-1304 - Enforcement

(a)
A contracting entity is subject to the Trade Practices Act, §
23-66-201
et seq.
(b)
The State Insurance Department shall enforce this subchapter.
Added by Act 2019, No. 736,§ 1, eff. 7/24/2019.
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 99 - HEALTH CARE PROVIDERS (§§ 23-99-201 — 23-99-1802) › Subchapter 13 - ASSIGNMENT OF BENEFITS (§§ 23-99-1301 — 23-99-1305) › Section 23-99-1305 - Rules

The Insurance Commissioner shall promulgate rules necessary to ensure compliance with this subchapter.
Amended by Act 2023, No. 831,§ 3, eff. 1/1/2024.
Added by Act 2019, No. 736,§ 1, eff. 7/24/2019.
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 99 - HEALTH CARE PROVIDERS (§§ 23-99-201 — 23-99-1802) › Subchapter 14 - TEMPORARY HOSPITAL FACILITY ACT (§§ 23-99-1401 — 23-99-1407) › Section 23-99-1401 - Title

This subchapter shall be known and may be cited as the "Temporary Hospital Facility Act".
Added by Act 2021, No. 723,§ 1, eff. 7/28/2021.
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 99 - HEALTH CARE PROVIDERS (§§ 23-99-201 — 23-99-1802) › Subchapter 14 - TEMPORARY HOSPITAL FACILITY ACT (§§ 23-99-1401 — 23-99-1407) › Section 23-99-1402 - Legislative findings and intent

(a)
The General Assembly finds that:
(1)
The Centers for Medicare & Medicaid Services' Hospitals Without Walls program allows participating ambulatory surgery centers to convert to licensed hospitals during the period of the coronavirus 2019 (COVID-19) public health emergency;
(2)
In cooperation and in an effort to promote public health, the Department of Health suspended portions of its Rules for Hospitals and Related Institutions according to the Governor's Executive Order 20-06 and 20-16 to allow the issuance of hospital licenses to facilities previously licensed as ambulatory surgery centers in this state that enrolled as a hospital under the Centers for Medicare & Medicaid Services' Hospitals Without Walls program; and
(3)
Legislative clarification is necessary to clarify the obligations of a healthcare insurer in negotiating and contracting with healthcare providers in order to prohibit anticompetitive practices and to promote public health in this state.
(b)
It is the intent of the General Assembly that healthcare insurers shall cooperate with healthcare providers as described in this subchapter in good faith for the benefit of the citizens of this state.
Added by Act 2021, No. 723,§ 1, eff. 7/28/2021.
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 99 - HEALTH CARE PROVIDERS (§§ 23-99-201 — 23-99-1802) › Subchapter 14 - TEMPORARY HOSPITAL FACILITY ACT (§§ 23-99-1401 — 23-99-1407) › Section 23-99-1403 - Definitions

As used in this subchapter:
(1)
"Contracting entity" means a healthcare insurer or a subcontractor, affiliate, or other entity that contracts directly or indirectly with a healthcare provider for the delivery of healthcare services to enrollees;
(2)
"Healthcare contract" means a contract entered into, materially amended, or renewed between a contracting entity and a healthcare provider for the delivery of healthcare services to enrollees;
(3)
(A)
"Healthcare insurer" means an entity that is subject to state insurance regulation and provides health insurance in this state.
(B)
"Healthcare insurer" includes:
(i)
An insurance company;
(ii)
A health maintenance organization;
(iii)
A hospital and medical service corporation;
(iv)
A risk-based provider organization; and
(v)
A sponsor of a nonfederal self-funded governmental plan;
(4)
"Healthcare provider" means a person or entity that is licensed, certified, or otherwise authorized by the laws of this state to provide healthcare services; and
(5)
"Temporary hospital facility" means a facility that was previously licensed as an ambulatory surgery center that has:
(A)
Received a hospital license from the Department of Health; and
(B)
Enrolled as a hospital under the Centers for Medicare & Medicaid Services' Hospitals Without Walls program.
Added by Act 2021, No. 723,§ 1, eff. 7/28/2021.
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 99 - HEALTH CARE PROVIDERS (§§ 23-99-201 — 23-99-1802) › Subchapter 14 - TEMPORARY HOSPITAL FACILITY ACT (§§ 23-99-1401 — 23-99-1407) › Section 23-99-1404 - Healthcare contract - Good-faith cooperation

(a)
A healthcare insurer shall cooperate in good faith with a temporary hospital facility in timely executing a healthcare contract.
(b)
A healthcare insurer shall cooperate in good faith as required in subsection (a) of this section by timely offering a temporary hospital facility a healthcare contract that is reflective of the healthcare insurer's standard and reasonable terms and conditions, including without limitation rates of reimbursement.
(c)
A healthcare contract shall be effective as of the date the temporary hospital facility is licensed as a hospital by the Department of Health.
(d)
The time period for a healthcare insurer to respond as stated in §
23-99-411
does not apply if the request for a healthcare contract is made by a temporary hospital facility.
Added by Act 2021, No. 723,§ 1, eff. 7/28/2021.
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 99 - HEALTH CARE PROVIDERS (§§ 23-99-201 — 23-99-1802) › Subchapter 14 - TEMPORARY HOSPITAL FACILITY ACT (§§ 23-99-1401 — 23-99-1407) › Section 23-99-1405 - Converting back to ambulatory surgery center

(a)
If a temporary hospital facility converts back to an ambulatory surgery center, a healthcare insurer shall not delay in providing a contract for an ambulatory surgery center based on the healthcare insurer's standard and reasonable terms and conditions.
(b)
The effective date of an ambulatory surgery center contract shall be the same as the effective date of the conversion from a temporary hospital facility back to an ambulatory surgery center.
Added by Act 2021, No. 723,§ 1, eff. 7/28/2021.
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 99 - HEALTH CARE PROVIDERS (§§ 23-99-201 — 23-99-1802) › Subchapter 14 - TEMPORARY HOSPITAL FACILITY ACT (§§ 23-99-1401 — 23-99-1407) › Section 23-99-1406 - Applicability

This subchapter shall apply to any future public health emergencies if the Centers for Medicare & Medicaid Services and the Department of Health have implemented similar programs as described in §
23-99-1402(a)(2)
.
Added by Act 2021, No. 723,§ 1, eff. 7/28/2021.
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 99 - HEALTH CARE PROVIDERS (§§ 23-99-201 — 23-99-1802) › Subchapter 14 - TEMPORARY HOSPITAL FACILITY ACT (§§ 23-99-1401 — 23-99-1407) › Section 23-99-1407 - Penalty

A violation of this subchapter is a violation of §
23-99-804
and the Healthcare Contracting Simplification Act, §
23-99-1201
et seq.
Added by Act 2021, No. 723,§ 1, eff. 7/28/2021.
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 99 - HEALTH CARE PROVIDERS (§§ 23-99-201 — 23-99-1802) › Subchapter 15 - BILLING IN THE BEST INTEREST OF PATIENTS ACT (§§ 23-99-1501 — 23-99-1504) › Section 23-99-1501 - Title

This subchapter shall be known and may be cited as the "Billing in the Best Interest of Patients Act".
Added by Act 2021, No. 1105,§ 1, eff. 7/28/2021.
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 99 - HEALTH CARE PROVIDERS (§§ 23-99-201 — 23-99-1802) › Subchapter 15 - BILLING IN THE BEST INTEREST OF PATIENTS ACT (§§ 23-99-1501 — 23-99-1504) › Section 23-99-1504 - Rules

The Insurance Commissioner shall develop and promulgate rules for the implementation and administration of this subchapter.
Added by Act 2021, No. 1105,§ 1, eff. 7/28/2021.
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 99 - HEALTH CARE PROVIDERS (§§ 23-99-201 — 23-99-1802) › Subchapter 16 - ELECTRONIC ACCESS OF MEDICAL RECORDS BY HEALTHCARE PAYOR ACT (§§ 23-99-1601 — 23-99-1603) › Section 23-99-1601 - Title

This subchapter shall be known and may be cited as the "Electronic Access of Medical Records by Healthcare Payor Act".
Added by Act 2023, No. 502,§ 1, eff. 1/1/2024.
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 99 - HEALTH CARE PROVIDERS (§§ 23-99-201 — 23-99-1802) › Subchapter 16 - ELECTRONIC ACCESS OF MEDICAL RECORDS BY HEALTHCARE PAYOR ACT (§§ 23-99-1601 — 23-99-1603) › Section 23-99-1603 - Electronic access to medical records sufficient

(a)
A healthcare provider that provides healthcare services to an enrollee may grant electronic access to the healthcare provider's medical records system to a healthcare payor or the healthcare payor's authorized designee:
(1)
To evaluate potential health care to be provided to an enrollee;
(2)
To review healthcare services already provided to an enrollee;
(3)
To make a determination on an authorization required for the enrollee to receive a medically-necessary healthcare service; or
(4)
For any other reason related to healthcare services for an enrollee, including without limitation quality, payment, or other general operations required to provide healthcare services.
(b)
A healthcare provider is not required to provide electronic access to medical records to a healthcare payor or the healthcare payor's authorized designee.
(c)
For the purposes of subdivision (a)(2) of this section, a healthcare payor shall not require a healthcare provider to submit any paper, facsimile, email, or other type of requested format of medical records if the healthcare payor or the healthcare payor's authorized designee has been granted electronic access to the healthcare provider's medical records unless the medical records sought are not available or accessible electronically.
(d)
If there is a dispute over access to medical records between a healthcare payor and a healthcare provider, then the offer of electronic access to medical records by the healthcare provider shall be deemed to satisfy any request made by the healthcare payor.
(e)
The initial grant of electronic access to a healthcare provider's medical records system under this subchapter does not initiate any timelines associated with reviewing medical records.
Added by Act 2023, No. 502,§ 1, eff. 1/1/2024.
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 99 - HEALTH CARE PROVIDERS (§§ 23-99-201 — 23-99-1802) › Subchapter 17 - TRANSPORTATION BENEFIT MANAGER ACT (§§ 23-99-1701 — 23-99-1706) › Section 23-99-1701 - Title

This subchapter shall be known and may be cited as the "Transportation Benefit Manager Act".
Added by Act 2023, No. 578,§ 1, eff. 8/1/2023.
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 99 - HEALTH CARE PROVIDERS (§§ 23-99-201 — 23-99-1802) › Subchapter 17 - TRANSPORTATION BENEFIT MANAGER ACT (§§ 23-99-1701 — 23-99-1706) › Section 23-99-1703 - Contracts

(a)
An ambulance provider may contract directly or indirectly with a contracting entity as a network provider of ambulance services.
(b)
An ambulance provider shall not be required to participate as an in-network provider of a transportation benefit manager.
Added by Act 2023, No. 578,§ 1, eff. 8/1/2023.
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 99 - HEALTH CARE PROVIDERS (§§ 23-99-201 — 23-99-1802) › Subchapter 17 - TRANSPORTATION BENEFIT MANAGER ACT (§§ 23-99-1701 — 23-99-1706) › Section 23-99-1704 - Prior authorization

(a)
A contracting entity shall not require prior authorization for:
(1)
Ground or air prehospital transportation; or
(2)
Ground or air emergent or urgent ambulance transportation from one (1) hospital or medical facility to another hospital or medical facility in order to obtain medically needed diagnostic or medical therapeutic services.
(b)
A contracting entity may require a prior authorization for non-urgent and nonemergent ground or air ambulance services by an air ambulance.
(c)
A decision on a request for prior authorization by a transportation benefit manager shall include a determination as to whether or not the individual is covered by a health benefit plan and eligible to receive the requested ambulance services under the health benefit plan as a subscriber.
(d)
A transportation benefit manager shall not rescind, limit, condition, or restrict a prior authorization based upon medical necessity.
(e)
A transportation benefit manager shall provide ambulance providers with a direct contact number, that is answered twenty-four (24) hours a day, seven (7) days a week, with which to obtain prior authorization for ambulance services.
(f)
(1)
Determination of prior authorization for ambulance services between medical facilities shall be provided or declined within twenty (20) minutes of the ambulance provider's or medical facility's placing a request for determination.
(2)
If not denied within twenty (20) minutes, the ambulance services shall be deemed automatically approved.
(g)
If a medical facility is required to obtain a prior authorization on behalf of the ambulance provider, the transportation benefit manager shall advise the ambulance provider of the requirement before ambulance transport.
Added by Act 2023, No. 578,§ 1, eff. 8/1/2023.
This section was enacted as 22-99-1604; however, it has been included in Title 23 to reflect the apparent intent of the legislature.
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 99 - HEALTH CARE PROVIDERS (§§ 23-99-201 — 23-99-1802) › Subchapter 17 - TRANSPORTATION BENEFIT MANAGER ACT (§§ 23-99-1701 — 23-99-1706) › Section 23-99-1705 - Claims

(a)
A contracting entity shall pay a claim for ambulance services for which prior authorization was received regardless of the terminology used by the transportation benefit manager or health benefit plan within thirty (30) days of receipt of the claim from an ambulance provider, unless:
(1)
Authorized ambulance services were never performed; or
(2)
There is specific information available for review by the appropriate state or federal agency that the subscriber or ambulance provider has engaged in material misrepresentation, fraud, or abuse regarding the claim for the authorized ambulance services.
(b)
(1)
A healthcare insurer or transportation benefit manager shall pay two hundred fifty percent (250%) of the Medicare Ambulance Fee Schedule, Rural Rate for a claim for ambulance services to an ambulance provider.
(2)
An ambulance provider shall accept the payment under subdivision (b)(1) of this section as payment in full for services provided to the subscriber.
(3)
An ambulance provider shall not balance bill or otherwise demand a payment from the subscriber other than a deductible, copayment, or coinsurance required under the subscriber's health benefit plan.
(c)
Ambulance services authorized or guaranteed for payment under this section for which the prior authorization is not rescinded or reversed under subsection (a) of this section are not subject to audit recoupment.
(d)
A claim submitted by an ambulance provider shall include any information as required by the Insurance Commissioner.
Added by Act 2023, No. 578,§ 1, eff. 8/1/2023.
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 99 - HEALTH CARE PROVIDERS (§§ 23-99-201 — 23-99-1802) › Subchapter 17 - TRANSPORTATION BENEFIT MANAGER ACT (§§ 23-99-1701 — 23-99-1706) › Section 23-99-1706 - Enforcement - Rules

(a)
A contracting entity is subject to the Trade Practices Act, §
23-66-201
et seq.
(b)
The expenses of implementing this subchapter shall not be used as justification to increase premiums or decrease payments to any ambulance provider or medical facility.
(c)
The Insurance Commissioner may promulgate rules necessary to implement and enforce this subchapter.
Added by Act 2023, No. 578,§ 1, eff. 8/1/2023.
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 99 - HEALTH CARE PROVIDERS (§§ 23-99-201 — 23-99-1802) › Subchapter 18 - MINIMUM ALLOWABLE REIMBURSEMENT FOR GROUND AMBULANCE SERVICES (§§ 23-99-1801 — 23-99-1802) › Section 23-99-1801 - Definitions

As used in this subchapter:
(1)
"Enrollee" means an individual who is entitled to receive healthcare services under the terms of a health benefit plan;
(2)
"Ground ambulance services" means services authorized and licensed by the Department of Health to provide care and transportation of patients upon the streets and highways of Arkansas;
(3)
"Ground ambulance service provider" means an entity that provides ambulance transportation and emergency medical services to a patient;
(4)
(A)
"Health benefit plan" means a plan, policy, contract, certificate, agreement, or other evidence of coverage for healthcare services offered, issued, renewed, or extended in this state by a healthcare insurer.
(B)
"Health benefit plan" includes nonfederal governmental plans as defined in
29 U.S.C. § 1002(32)
, as it existed on January 1, 2023.
(C)
"Health benefit plan" does not include:
(i)
A disability income plan;
(ii)
A credit insurance plan;
(iii)
Insurance coverage issued as a supplement to liability insurance;
(iv)
A medical payment under automobile or homeowners insurance plans;
(v)
A health benefit plan provided under Arkansas Constitution, Article 5, § 32, the Workers' Compensation Law, §
11-9-101
et seq., or the Public Employee Workers' Compensation Act, §
21-5-601
et seq.;
(vi)
A plan that provides only indemnity for hospital confinement;
(vii)
An accident-only plan;
(viii)
A specified disease plan;
(ix)
A long-term-care-only plan;
(x)
A dental-only plan;
(xi)
A vision-only plan;
(xii)
Medicaid; or
(xiii)
A state or local governmental employee plan; and
(5)
(A)
"Healthcare insurer" means an entity that is subject to state insurance regulation and provides coverage for health benefits in this state.
(B)
"Healthcare insurer" includes:
(i)
An insurance company;
(ii)
A health maintenance organization;
(iii)
A hospital and medical service corporation;
(iv)
A risk-based provider organization; and
(v)
A sponsor of a nonfederal self-funded governmental plan.
Added by Act 2023, No. 597,§ 1, eff. 8/1/2023.
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 99 - HEALTH CARE PROVIDERS (§§ 23-99-201 — 23-99-1802) › Subchapter 18 - MINIMUM ALLOWABLE REIMBURSEMENT FOR GROUND AMBULANCE SERVICES (§§ 23-99-1801 — 23-99-1802) › Section 23-99-1802 - Minimum allowable reimbursement for ground ambulance services

(a)
(1)
The minimum allowable reimbursement rate under any health benefit plan issued by a healthcare insurer to a participating ground ambulance service provider or an out-of-network ground ambulance service provider shall be at the rates approved or contracted between an ambulance service provider and a local government entity as provided for in §
14-266-105
.
(2)
In the absence of rates set as provided under subdivision (a)(1) of this section, the minimum allowable rate of reimbursement under a health benefit plan issued by a healthcare insurer shall be the lesser of:
(A)
The rate established by the Workers' Compensation Commission under its medical fee schedule for ambulance services; or
(B)
The provider's billed charges.
(b)
A payment made under this section shall be considered payment in full for the covered services provided, except for any copayment, coinsurance, deductible, and other cost-sharing feature amounts required to be paid by the enrollee.
(c)
(1)
A healthcare insurer shall remit payment within thirty (30) days for ambulance services directly to the ground ambulance service provider.
(2)
A healthcare insurer shall not send payment to an enrollee.
Added by Act 2023, No. 597,§ 1, eff. 8/1/2023.
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 100 - STATE INSURANCE DEPARTMENT CRIMINAL INVESTIGATION DIVISION TRUST FUND ACT (§§ 23-100-101 — 23-100-107) › Section 23-100-101 - Title

This chapter shall be known as the "State Insurance Department Criminal Investigation Division Trust Fund Act".
Acts 1997, No. 337, § 1; 2005, No. 1697, § 25.
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 100 - STATE INSURANCE DEPARTMENT CRIMINAL INVESTIGATION DIVISION TRUST FUND ACT (§§ 23-100-101 — 23-100-107) › Section 23-100-102 - Insurers' payment extensions - Penalties for non-compliance - Insurance Commissioner's waiver for impaired or insolvent insurers

(a)
(1)
The Insurance Commissioner may grant any licensed insurer an extension for payment of the antifraud assessment for good cause shown, upon written application of the licensed insurer received at the State Insurance Department on or before each annual due date.
(2)
Absent the commissioner's approval of such an extension for good cause, licensed insurers failing timely to pay the antifraud assessment shall be subject to a penalty of one hundred dollars ($100) per day for each day of delinquency, payable to the State Insurance Department Criminal Investigation Division Trust Fund.
(3)
(A)
The commissioner may pursue any appropriate legal remedies to collect the antifraud assessments and penalties due and unpaid from any insurer.
(B)
Further, the commissioner in his or her discretion may order suspension of the delinquent insurer's Arkansas certificate of authority after notice and hearing until the payment of all such antifraud assessments and penalties is remitted to the fund.
(C)
Absent grant of the commissioner's waiver for good cause shown, the commissioner may revoke the Arkansas certificate of authority of any delinquent insurer consistently refusing and failing without good cause to remit payment of these antifraud assessments and penalties to the fund pursuant to this section.
(b)
(1)
The commissioner in his or her discretion may waive all or any part of the antifraud assessment due annually from a licensed insurer upon the:
(A)
Suspension or revocation of the insurer's Arkansas certificate of authority;
(B)
Issuance of a court order placing the company into conservation, rehabilitation, or liquidation in any state; or
(C)
Commissioner's finding that the insurer is impaired or insolvent.
(2)
Upon the reinstatement or activation of the insurer's certificate of authority in good standing, the commissioner's waiver automatically terminates, and the insurer shall be liable for payment of the assessment on the next succeeding March 1 without retroactive reimbursement for the amount of the antifraud assessments which would normally have accrued during the waiver period.
Acts 1997, No. 337, § 4; 1999, No. 881, § 19; 2005, No. 1697, § 26.
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 100 - STATE INSURANCE DEPARTMENT CRIMINAL INVESTIGATION DIVISION TRUST FUND ACT (§§ 23-100-101 — 23-100-107) › Section 23-100-103 - State Insurance Department Criminal Investigation Division Trust Fund - Creation

(a)
There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund to be known as the "State Insurance Department Criminal Investigation Division Trust Fund" to be used to defray the expenses of the Criminal Investigation Division in the discharge of its administrative and regulatory powers and duties as prescribed by law.
(b)
No money is to be appropriated from this fund for any purpose except for the personal services and operating expenses, maintenance and operations, and support of and improvements to the division, and at the direction of the Insurance Commissioner, for the use, benefit, and support of the division.
(c)
The fund established pursuant to this section shall be administered, disbursed, and invested under the direction of the commissioner and the Treasurer of State.
(d)
All income derived through:
(1)
Investment of the fund, including, but not limited to, interest and dividends, shall be credited as investment income to the fund; and
(2)
Grants, refunds, gifts, or any other sources to the fund shall be credited as income to the fund and deposited therein.
(e)
Further, all moneys deposited into the fund shall not be subject to any deduction, tax, levy, or any other type of assessment, except as may be provided by law.
Acts 1997, No. 337, § 2; 2005, No. 1697, § 27.
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 100 - STATE INSURANCE DEPARTMENT CRIMINAL INVESTIGATION DIVISION TRUST FUND ACT (§§ 23-100-101 — 23-100-107) › Section 23-100-104 - Antifraud assessment

(a)
(1)
(A)
Each licensed insurer shall pay into the State Insurance Department Criminal Investigation Division Trust Fund a nonrefundable antifraud assessment as directed by the Insurance Commissioner for the reasonable and necessary expenses and operation of the Criminal Investigation Division.
(B)
As used in this section, "licensed insurer" includes a:
(i)
Licensed stock and mutual insurance company;
(ii)
Reinsurer;
(iii)
Health maintenance organization;
(iv)
Fraternal benefit society;
(v)
Hospital and medical service corporation;
(vi)
Stipulated premium insurer;
(vii)
Farmers' mutual aid association; and
(viii)
Prepaid legal insurer.
(2)
This section does not apply to an approved but nonadmitted surplus lines insurer or to a registered risk retention group.
(b)
(1)
The antifraud assessment required by this section shall be paid annually on or before June 1 at the time and in the manner that the commissioner prescribes or at times alternate from June 1 annually that the commissioner prescribes.
(2)
(A)
By rule, the commissioner may set the amount of the antifraud assessment.
(B)
The antifraud assessment shall not exceed one thousand dollars ($1,000) per fiscal year.
(3)
The antifraud assessment is in addition to the premium taxes and fees required under existing law.
(c)
This section shall apply notwithstanding the provisions of §
26-57-601
et seq., the State Insurance Department Trust Fund Act, §
23-61-701
et seq., and other provisions of Arkansas law.
Amended by Act 2017, No. 283,§ 22, eff. 8/1/2017.
Acts 1997, No. 337, § 3; 1999, No. 881, § 20; 2005, No. 1697, § 28; 2007, No. 827, § 190.
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 100 - STATE INSURANCE DEPARTMENT CRIMINAL INVESTIGATION DIVISION TRUST FUND ACT (§§ 23-100-101 — 23-100-107) › Section 23-100-105 - Insurers' antifraud fees - Deposit into State Insurance Department Criminal Investigation Division Trust Fund

The Insurance Commissioner shall deposit all antifraud assessments and any penalties assessed under this chapter, as well as any other income received for purposes set out in §
23-100-103(a)
, into the State Insurance Department Criminal Investigation Division Trust Fund as special revenues.
Acts 1997, No. 337, § 5; 1999, No. 881, § 21; 2005, No. 1697, § 29.
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 100 - STATE INSURANCE DEPARTMENT CRIMINAL INVESTIGATION DIVISION TRUST FUND ACT (§§ 23-100-101 — 23-100-107) › Section 23-100-106 - Rules

The Insurance Commissioner may promulgate reasonable rules deemed necessary for the administration of this chapter.
Amended by Act 2019, No. 315,§ 2808, eff. 7/24/2019.
Acts 1997, No. 337, § 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 100 - STATE INSURANCE DEPARTMENT CRIMINAL INVESTIGATION DIVISION TRUST FUND ACT (§§ 23-100-101 — 23-100-107) › Section 23-100-107 - State Insurance Department Criminal Investigation Division Trust Fund - Department vouchers and Auditor of State warrants

(a)
All antifraud assessments, penalties, and revenues provided in this chapter received as special revenues for the State Insurance Department Criminal Investigation Division Trust Fund and deposited therein shall be deemed for all purposes special revenues of the fund and of the State Insurance Department for the sole support, operation, and maintenance of the Criminal Investigation Division and when paid into the State Treasury by the Insurance Commissioner, shall be maintained by the State Treasury as the State Insurance Department Criminal Investigation Division Trust Fund, separate from all other funds, and available only for the payment of the expenses of the division pursuant to the appropriations therefor.
(b)
Upon proper voucher from the commissioner, the Auditor of State shall issue his or her warrant on the Treasurer of State in payment of all salaries and other expenses incurred in the administration of this chapter.
Acts 1997, No. 337, § 7; 1999, No. 881, § 22; 2005, No. 1697, § 30.
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 101 - CREDITOR-PLACED INSURANCE (§§ 23-101-101 — 23-101-114) › Section 23-101-101 - Purpose

The purposes of this chapter are to:
(1)
Promote the public welfare by regulating creditor-placed insurance;
(2)
Create a legal framework within which creditor-placed insurance may be written in this state; and
(3)
Minimize unfair competitive practices in the sale of creditor-placed insurance.
Acts 1997, No. 930, § 1; 2001, No. 580, § 25.
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 101 - CREDITOR-PLACED INSURANCE (§§ 23-101-101 — 23-101-114) › Section 23-101-102 - Scope

(a)
This chapter applies to an insurer or producer transacting creditor-placed insurance as defined in this chapter.
(b)
All creditor-placed insurance written in connection with credit transactions for personal, family, or household purposes is subject to the provisions of this chapter, except:
(1)
Transactions involving extensions of credit primarily for business or commercial purposes;
(2)
Insurance on collateralized real property;
(3)
Insurance offered by the creditor and elected by the debtor at the debtor's option;
(4)
Insurance for which no specific charge is made to the debtor or the debtor's account; or
(5)
Blanket insurance, whether paid for by the debtor or the creditor.
(c)
The Insurance Commissioner shall have authority to bring an administrative or judicial proceeding to enforce this chapter. No provisions of this chapter are intended to establish or extinguish a private right of action for a violation of any provision of this chapter.
Acts 1997, No. 930, § 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 101 - CREDITOR-PLACED INSURANCE (§§ 23-101-101 — 23-101-114) › Section 23-101-104 - Prohibited coverages

(a)
Creditor-placed insurance coverage shall not include:
(1)
Coverage for the cost of repossession;
(2)
Skip, confiscation, and conversion coverage;
(3)
Coverage for payment of mechanics' or other liens that do not arise from a covered loss occurrence;
(4)
Coverage that requires a debtor's insurance deductible to be less than two hundred fifty dollars ($250); or
(5)
Coverage that is broader than the insurance coverages that meet the minimum insurance requirements of the credit agreement.
(b)
Nothing in this section shall be deemed to prohibit the issuance of a separate policy or endorsement providing the coverages listed in subsection (a) of this section. However, no charge shall be passed along to the debtor for the coverages.
Acts 1997, No. 930, § 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 101 - CREDITOR-PLACED INSURANCE (§§ 23-101-101 — 23-101-114) › Section 23-101-105 - Term of insurance policy

(a)
Creditor-placed insurance shall become effective on the latest of the following dates:
(1)
The date of the credit transaction;
(2)
The date prior coverage, including prior creditor-placed insurance coverage, lapsed;
(3)
One (1) year before the date on which the related insurance charge is made to the debtor's account; or
(4)
A later date provided for in the agreement between the creditor and insurer.
(b)
Creditor-placed insurance shall terminate on the earliest of the following dates:
(1)
The date other acceptable insurance becomes effective, subject to the debtor's providing acceptable evidence of the other insurance to the creditor;
(2)
The date the collateralized personal property is repossessed, unless the property is returned to the debtor within ten (10) days of the repossession;
(3)
The date the collateralized personal property is determined by the insurer to be a total loss;
(4)
The date the debt is completely extinguished; or
(5)
An earlier date specified in the individual policy or certificate of insurance.
(c)
An insurance charge shall not be made to a debtor for a term longer than the scheduled term of the creditor-placed insurance when it becomes effective, nor may an insurance charge be made to the debtor for creditor-placed insurance before the effective date of the insurance.
(d)
If a charge is made to a debtor for creditor-placed insurance coverage that exceeds a term of one (1) year, the debtor shall be notified at least annually that the insurance will be canceled and a refund or credit of unearned charges made if evidence of acceptable insurance secured by the debtor is provided.
Acts 1997, No. 930, § 4.