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 86 - GROUP AND BLANKET ACCIDENT AND HEALTH INSURANCE (§§ 23-86-101 — 23-86-512) › Subchapter 3 - ARKANSAS HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1997 (§§ 23-86-301 — 23-86-314) › Section 23-86-302 - Effective date - Limitation of actions - Applicability

(a)
In General.
Except as provided in this section, this subchapter and the amendments made by this section shall apply with respect to group health plans for plan years beginning after June 30, 1997.
(b)
Determination of Creditable Coverage.
(1)
Period of Coverage - In General.
Subject to subdivision (b)(2)(A) of this section, no period before July 1, 1996, shall be taken into account in determining creditable coverage.
(2)
Certifications.
(A)
In General.
Subject to subdivisions (b)(2)(B) and (C) of this section, §
23-86-304(e)
shall apply to events occurring after June 30, 1996.
(B)
No Certification Required to be Provided Before June 1, 1997.
In no case is a certification required to be provided under §
23-86-304(e)
before June 1, 1997.
(C)
Certification Only on Written Request for Events Occurring Before October 1, 1996.
In the case of an event occurring after June 30, 1996, and before October 1, 1996, a certification is not required to be provided under §
23-86-304(e)
unless an individual with respect to whom the certification is otherwise required to be made requests the certification in writing.
(3)
Transitional Rule.
In the case of an individual who seeks to establish creditable coverage for any period for which certification is not required because it relates to an event occurring before June 30, 1996:
(A)
The individual may present other credible evidence of the coverage in order to establish the period of creditable coverage; and
(B)
A group health plan and a health insurance issuer shall not be subject to any penalty or enforcement action with respect to the plan's or issuer's crediting or not crediting the coverage if the plan or issuer has sought to comply in good faith with the applicable requirements of this section.
(c)
Limitation on Actions.
No enforcement action shall be taken pursuant to this section against a group health plan or health insurance issuer with respect to a violation of a requirement imposed by this section before January 1, 1998, or, if later, the date of issuance of regulations by the Secretary of Labor, if the group health plan or health insurance issuer has sought to comply in good faith with such requirements.
(d)
Applicability.
(1)
The provisions of this subchapter shall be applicable to all accident and health insurers, health maintenance organizations, hospital and medical service corporations, and fraternal benefit societies that are licensed and authorized by the Insurance Commissioner to transact business in the State of Arkansas.
(2)
The provisions of this subchapter shall be applicable to all licensed or state-regulated multiple employer welfare arrangements, licensed or state-regulated health benefit plans, licensed or state-regulated multiple employer trusts, or other licensed or state-regulated persons providing a plan of group health insurance coverage in this state.
Acts 1997, No. 997, § 1; 2001, No. 1063, § 23.