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 61 - STATE INSURANCE DEPARTMENT (§§ 23-61-101 — 23-61-1111) › Subchapter 10 - ARKANSAS HEALTH AND OPPORTUNITY FOR ME ACT OF 2021 (§§ 23-61-1001 — 23-61-1012) › Section 23-61-1002 - Legislative intent

Notwithstanding any general or specific laws to the contrary, it is the intent of the General Assembly for the Arkansas Health and Opportunity for Me Program to be a fiscally sustainable, cost-effective, and opportunity-driven program that:
(1)
Achieves comprehensive and innovative healthcare reform that reduces the rate of growth in state and federal obligations for providing healthcare coverage to low-income adults in Arkansas;
(2)
Reduces the maternal and infant mortality rates in the state through initiatives that promote healthy outcomes for eligible women with high-risk pregnancies;
(3)
Promotes the health, welfare, and stability of mothers and their infants after birth through hospital-based community bridge organizations;
(4)
Encourages personal responsibility for individuals to demonstrate that they value healthcare coverage and understand their roles and obligations in maintaining private insurance coverage;
(5)
Increases opportunities for full-time work and attainment of economic independence, especially for certain young adults, to reduce long-term poverty that is associated with additional risk for disease and premature death;
(6)
Addresses health-related social needs of Arkansans in rural counties through hospital-based community bridge organizations and reduces the additional risk for disease and premature death associated with living in a rural county;
(7)
Strengthens the financial stability of the critical access hospitals and other small, rural hospitals; and
(8)
Fills gaps in the continuum of care for individuals in need of services for serious mental illness and substance use disorders.
Amended by Act 2021, No. 530,§ 1, eff. on and after January 1, 2022.
Added by Act 2016EX2, No. 2,§ 1, eff. 4/8/2016.
Added by Act 2016EX2, No. 1,§ 1, eff. 4/8/2016.
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 61 - STATE INSURANCE DEPARTMENT (§§ 23-61-101 — 23-61-1111) › Subchapter 10 - ARKANSAS HEALTH AND OPPORTUNITY FOR ME ACT OF 2021 (§§ 23-61-1001 — 23-61-1012) › Section 23-61-1005 - Requirements for eligible individuals

(a)
An eligible individual is responsible for all applicable cost-sharing and premium payment requirements as determined by the Department of Human Services.
(b)
An eligible individual may participate in a health improvement initiative, as developed and implemented by either the eligible individual's individual qualified health insurance plan or the department.
(c)
(1)
(A)
An eligible individual who is determined by the department to meet the eligibility criteria for a risk-based provider organization due to serious mental illness or substance use disorder shall be enrolled in a risk-based provider organization under criteria established by the department.
(B)
An eligible individual who is enrolled in a risk-based provider organization is exempt from the requirements of subsections (a) and (b) of this section.
(2)
(A)
An eligible individual who is determined by the department to be medically frail shall receive healthcare coverage through the fee-for-service Arkansas Medicaid Program.
(B)
An eligible individual who is enrolled in the fee-for-service Arkansas Medicaid Program is exempt from the requirements of subsection (a) of this section.
(d)
An eligible individual shall receive notice that:
(1)
The Arkansas Health and Opportunity for Me Program is not a perpetual federal or state right or a guaranteed entitlement;
(2)
The Arkansas Health and Opportunity for Me Program is subject to cancellation upon appropriate notice;
(3)
Enrollment in an individual qualified health insurance plan is not a right; and
(4)
If the individual chooses not to participate or fails to meet participation goals in the economic independence initiative, the individual may lose incentives provided through enrollment in an individual qualified health insurance plan or be unenrolled from the individual qualified health insurance plan after notification by the department.
Amended by Act 2021, No. 530,§ 1, eff. on and after January 1, 2022.
Amended by Act 2019, No. 910,§ 603, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 602, eff. 7/1/2019.
Added by Act 2016EX2, No. 2,§ 1, eff. 4/8/2016.
Added by Act 2016EX2, No. 1,§ 1, eff. 4/8/2016.
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 61 - STATE INSURANCE DEPARTMENT (§§ 23-61-101 — 23-61-1111) › Subchapter 10 - ARKANSAS HEALTH AND OPPORTUNITY FOR ME ACT OF 2021 (§§ 23-61-1001 — 23-61-1012) › Section 23-61-1006 - Requirements for program participants

(a)
The economic independence initiative applies to all program participants in accordance with the implementation schedule of the Department of Human Services.
(b)
Incentives established by the department for participation in the economic independence initiative and the health improvement initiative may include, without limitation, the waiver of premium payments and cost-sharing requirements as determined by the department for participation in one (1) or more initiatives.
(c)
Failure by a program participant to meet the cost-sharing and premium payment requirement under §
23-61-1005(a)
may result in the accrual of a personal debt to the health insurer or provider.
(d)
(1)
(A)
Failure by the program participant to meet the initiative participation requirements of subsection (b) of this section may result in:
(i)
Being unenrolled from the individual qualified health insurance plan; or
(ii)
The loss of incentives, as defined by the department.
(B)
However, an individual who is unenrolled shall not lose Medicaid healthcare coverage based solely on disenrollment from the individual qualified health insurance plan.
(2)
The department shall develop and notify program participants of the criteria for restoring eligibility for incentive benefits that were removed as a result of the program participants' failure to meet the initiative participation requirements of subsection (b) of this section.
(3)
(A)
A program participant who also meets the criteria of a community bridge organization target population may qualify for additional incentives by successfully completing the economic independence initiative provided through a community bridge organization.
(B)
If successfully completing the initiative results in an increase in the program participant's income that exceeds the program's financial eligibility limits, a program participant may receive, for a specified period of time, financial assistance to pay:
(i)
The individual's share of employer-sponsored health insurance coverage not to exceed a limit determined by the department; or
(ii)
A share of the individual's cost-sharing obligation, as determined by the department, if the individual enrolls in a health insurance benefit plan offered through the Arkansas Health Insurance Marketplace.
Amended by Act 2021, No. 530,§ 1, eff. on and after January 1, 2022.
Added by Act 2016EX2, No. 2,§ 1, eff. 4/8/2016.
Added by Act 2016EX2, No. 1,§ 1, eff. 4/8/2016.
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 61 - STATE INSURANCE DEPARTMENT (§§ 23-61-101 — 23-61-1111) › Subchapter 10 - ARKANSAS HEALTH AND OPPORTUNITY FOR ME ACT OF 2021 (§§ 23-61-1001 — 23-61-1012) › Section 23-61-1008 - Expired

Repealed by Act 2021, No. 530,§ 1, eff. on and after January 1, 2022.
Amended by Act 2017EX1, No. 6,§ 6, eff. 5/4/2017.
Amended by Act 2017EX1, No. 3,§ 6, eff. 5/4/2017.
Added by Act 2016EX2, No. 2,§ 1, eff. 4/8/2016.
Added by Act 2016EX2, No. 1,§ 1, eff. 4/8/2016.
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 61 - STATE INSURANCE DEPARTMENT (§§ 23-61-101 — 23-61-1111) › Subchapter 10 - ARKANSAS HEALTH AND OPPORTUNITY FOR ME ACT OF 2021 (§§ 23-61-1001 — 23-61-1012) › Section 23-61-1009 - Sunset

This subchapter shall expire on December 31, 2026.
Amended by Act 2021, No. 530,§ 1, eff. on and after January 1, 2022.
Amended by Act 2016EX3, No. 13,§ 2, eff. 8/22/2016.
Amended by Act 2016EX3, No. 12,§ 2, eff. 8/22/2016.
Amended by Act 2016F, No. 3,§ 19, eff. 4/21/2016.
Added by Act 2016EX2, No. 2,§ 1, eff. 4/8/2016.
Added by Act 2016EX2, No. 1,§ 1, eff. 4/8/2016.
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 61 - STATE INSURANCE DEPARTMENT (§§ 23-61-101 — 23-61-1111) › Subchapter 10 - ARKANSAS HEALTH AND OPPORTUNITY FOR ME ACT OF 2021 (§§ 23-61-1001 — 23-61-1012) › Section 23-61-1012 - Rules

The Department of Human Services shall adopt rules necessary to implement this subchapter.
Added by Act 2021, No. 530,§ 1, eff. on and after January 1, 2022.
Act 2021, No. 530purported to enact this section as §20-61-1012; however, this section has been codified as §23-61-1101 to reflect the apparent legislative intent.
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 61 - STATE INSURANCE DEPARTMENT (§§ 23-61-101 — 23-61-1111) › Subchapter 11 - STATE BOARD OF EMBALMERS, FUNERAL DIRECTORS, CEMETERIES, AND BURIAL SERVICES (§§ 23-61-1101 — 23-61-1111) › Section 23-61-1101 - Definitions

As used in this subchapter:
(1)
"Burial association" means:
(A)
A person, firm, association, copartnership, corporation, company, or other organization that, from and after February 18, 1953:
(i)
Undertakes for consideration paid by or on behalf of its members to defray all or a part of the funeral expenses of the members;
(ii)
Furnishes or undertakes to furnish merchandise, supplies, and services or any other character of burial benefits to the members; or
(iii)
Issues a certificate that provides for the payment of funeral benefits to the members in services, merchandise, or supplies, including the services of funeral directors and embalmers; and
(B)
Every person, firm, association, copartnership, corporation, or company that, before February 18, 1953, has:
(i)
Undertaken for a consideration to pay money to its contributors for the purpose of defraying all or part of the funeral expenses of a deceased person;
(ii)
Furnished or has undertaken to furnish supplies and services or any other character of burial benefits to the contributing person or to his or her beneficiaries or members of his or her family; or
(iii)
Issued any form of contract or certificate that, under its terms, provides for the payment of funeral benefits in money, services, or supplies, including the services of undertakers or embalmers;
(2)
"Care and maintenance" means the continual maintenance of the cemetery grounds and graves in keeping with a properly maintained cemetery;
(3)
(A)
"Cemetery" means any land or structure in this state dedicated to and used or intended to be used for interment of human remains.
(B)
"Cemetery" includes a:
(i)
Burial park for earth interments;
(ii)
Mausoleum for vault or crypt interments; or
(iii)
Combination of one (1) or more burial parks for earth internments and mausoleums for vault or crypt interments;
(4)
"Cemetery company" means an individual, partnership, corporation, limited liability company, or association owning or controlling cemetery lands or property and conducting the business of a cemetery or making an application with the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services to own or control the lands or conduct the business;
(5)
"Permit holder" means a cemetery company that holds a permit issued by the board to own or operate a perpetual care cemetery; and
(6)
"Perpetual care cemetery" means a cemetery for the benefit of which a permanent maintenance fund has been established in accordance with this subchapter.
Added by Act 2017, No. 788,§ 3, eff. 7/1/2018.
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 61 - STATE INSURANCE DEPARTMENT (§§ 23-61-101 — 23-61-1111) › Subchapter 11 - STATE BOARD OF EMBALMERS, FUNERAL DIRECTORS, CEMETERIES, AND BURIAL SERVICES (§§ 23-61-1101 — 23-61-1111) › Section 23-61-1104 - Executive Secretary of the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services

(a)
(1)
The Insurance Commissioner, in consultation with the Secretary of the Department of Commerce, may appoint and employ a person as the Executive Secretary of the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services who shall serve at the pleasure of the commissioner.
(2)
The executive secretary shall devote the necessary time to the performance of his or her duties under this section.
(3)
The duties of the executive secretary shall include:
(A)
Collection of fees and charges under this subchapter; §
17-29-301
et seq.; the Cemetery Act for Perpetually Maintained Cemeteries, §
20-17-1001
et seq.; the Insolvent Cemetery Grant Fund Act, §
20-17-1301
et seq.; and §
23-78-101
et seq.;
(B)
Keeping record of the proceedings of the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services;
(C)
Keeping an accurate account of all moneys received and disbursed by the commissioner; and
(D)
Any other duties defined and designated by the board.
(b)
The board shall maintain its main office location in Little Rock and transact the business of the board at the main office.
Amended by Act 2019, No. 910,§ 605, eff. 7/1/2019.
Added by Act 2017, No. 788,§ 3, eff. 7/1/2018.
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 61 - STATE INSURANCE DEPARTMENT (§§ 23-61-101 — 23-61-1111) › Subchapter 11 - STATE BOARD OF EMBALMERS, FUNERAL DIRECTORS, CEMETERIES, AND BURIAL SERVICES (§§ 23-61-1101 — 23-61-1111) › Section 23-61-1105 - Embalmers and funeral directors

(a)
The Insurance Commissioner or a person appointed or employed by the commissioner shall:
(1)
Have general supervision over field inspection and enforcement of this subchapter and §
17-29-301
et seq.;
(2)
Make public the procedures for making inquiries into the practice of funeral directors or embalmers and for making complaints concerning the practices;
(3)
Maintain a record of the licensee and business name and address of every person licensed under §
17-29-301
et seq., including the license number, date of the license, and the renewal date of the license;
(4)
On request, supply a list of every person and funeral establishment licensed under §
17-29-301
et seq., to a person licensed as an embalmer or funeral director, to a common carrier in this state, to a hospital licensed in this state, or to any other person authorized by law to receive the list;
(5)
Hold all moneys received by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services to pay the necessary and allowable expenses for the operation of the board in carrying out the provisions of this subchapter; §
17-29-301
et seq.; the Cemetery Act for Perpetually Maintained Cemeteries, §
20-17-1001
et seq.; the Insolvent Cemetery Grant Fund Act, §
20-17-1301
et seq.; and §
23-78-101
et seq.;
(6)
If applicable, receive and be paid an annual salary not to exceed the amount authorized by law; and
(7)
Charge and collect a criminal background check processing fee in an amount necessary to recover the charge imposed by the Division of Arkansas State Police to conduct a criminal background check for a person applying for an initial license under §
17-29-301
et seq.
(b)
The board may promulgate rules reasonably necessary to reflect any changes in the law as adopted by the United States Congress or any appropriate agency of the United States Government as it affects funeral establishments, funeral directors, or embalmers and for the purpose of keeping this law consistent with, and compatible to, the laws of the United States.
Added by Act 2017, No. 788,§ 3, eff. 7/1/2018.
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 61 - STATE INSURANCE DEPARTMENT (§§ 23-61-101 — 23-61-1111) › Subchapter 11 - STATE BOARD OF EMBALMERS, FUNERAL DIRECTORS, CEMETERIES, AND BURIAL SERVICES (§§ 23-61-1101 — 23-61-1111) › Section 23-61-1106 - Inspector of the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services - Funeral directing - Embalming, cremating, or transporting human remains

(a)
(1)
The Insurance Commissioner may request that the Department of Commerce employ an agent or agents as Inspector of the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services.
(2)
A person is not eligible for appointment as inspector under subdivision (a)(1) of this section unless he or she has not fewer than five (5) consecutive years of active experience as an embalmer and funeral director licensed in this state.
(b)
The inspector shall hold office at the pleasure of the commissioner, who shall determine his or her duties.
(c)
(1)
The inspector, with proper identification, may enter any office, premises, establishment, or place of business in this state where the practice of embalming, funeral directing, cremation, or transportation of human remains is carried on, or where the practice is advertised as being carried on, to:
(A)
Inspect the office, premises, crematory, or establishment;
(B)
Inspect the license and registration of a licensee;
(C)
Inspect the manner and scope of training given to an apprentice; and
(D)
Ensure compliance with all state laws and rules pertaining to funeral service.
(2)
By accepting a license under §
17-29-301
et seq., the licensee grants permission for the inspector or other State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services designee to enter the licensee's business premises without prior notice.
(d)
The inspector may serve and execute any process issued by a court under this subchapter, serve and execute any papers or process issued by the board under the authority of this subchapter and §
17-29-301
et seq., and perform such other duties as prescribed or ordered by the board.
(e)
The inspector shall not accept any employment, salary, fees, or other remuneration from a funeral establishment or wholesale firm dealing in funeral supplies and equipment.
(f)
The inspector shall receive such compensation as the board may determine within the maximum authorized by law.
Amended by Act 2019, No. 910,§ 606, eff. 7/1/2019.
Added by Act 2017, No. 788,§ 3, eff. 7/1/2018.
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 61 - STATE INSURANCE DEPARTMENT (§§ 23-61-101 — 23-61-1111) › Subchapter 11 - STATE BOARD OF EMBALMERS, FUNERAL DIRECTORS, CEMETERIES, AND BURIAL SERVICES (§§ 23-61-1101 — 23-61-1111) › Section 23-61-1107 - Crematoriums

(a)
The State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services may promulgate reasonable rules for the licensing of crematoriums.
(b)
A crematorium shall not be operated in this state unless licensed by the board, and a dead human body shall not be cremated in this state except at a licensed crematorium.
(c)
A violation of this section is a Class A misdemeanor.
Added by Act 2017, No. 788,§ 3, eff. 7/1/2018.
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 61 - STATE INSURANCE DEPARTMENT (§§ 23-61-101 — 23-61-1111) › Subchapter 11 - STATE BOARD OF EMBALMERS, FUNERAL DIRECTORS, CEMETERIES, AND BURIAL SERVICES (§§ 23-61-1101 — 23-61-1111) › Section 23-61-1108 - Transportation of dead human bodies

(a)
In the interest of public health and to ensure the safe, secure, and timely transportation of dead human bodies in and through Arkansas, the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services may license, inspect, and promulgate reasonable rules for any person, partnership, corporation, association, society, or other legal entity engaged in the business of transporting dead human bodies over public streets and highways of this state.
(b)
(1)
A violation of the licensing and inspection requirements established by the board under this section is a Class A misdemeanor.
(2)
A violation of rules promulgated by the board under this section is a Class A misdemeanor.
Amended by Act 2019, No. 391,§ 8, eff. 7/24/2019.
Added by Act 2017, No. 788,§ 3, eff. 7/1/2018.
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 61 - STATE INSURANCE DEPARTMENT (§§ 23-61-101 — 23-61-1111) › Subchapter 11 - STATE BOARD OF EMBALMERS, FUNERAL DIRECTORS, CEMETERIES, AND BURIAL SERVICES (§§ 23-61-1101 — 23-61-1111) › Section 23-61-1110 - Burial associations

(a)
The State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services may:
(1)
Grant certificates of authority to burial associations;
(2)
Revoke certificates of authority, charters, or other authority granted to burial associations in this state;
(3)
Fix the minimum assessments or minimum membership dues for which burial associations may issue certificates for benefits in specified amounts;
(4)
Supervise the affairs of all burial associations organized or operating in this state;
(5)
Conduct hearings as provided in this subchapter and collect, receive, hold, and expend annual license fees under this subchapter and §
23-78-101
et seq.;
(6)
Adopt and enforce such rules as the board deems necessary and expedient for the proper operation of the burial association and the carrying out of the objects and purposes of this subchapter;
(7)
Establish actuarial rates and reserve requirements necessary to ensure the financial integrity of all burial associations;
(8)
Approve requests from burial associations that have excess financial resources, as determined by the board, to adopt a plan to pay death benefits in excess of the face value of a certificate of benefits issued by the burial association to members of the burial association; and
(9)
Approve or disapprove an application for the dissolution, merger, or reorganization of a burial association organized and operating in this state.
(b)
The board may determine issues between different burial associations and between burial associations and their respective members, and render binding decisions, subject to appeal.
Added by Act 2017, No. 788,§ 3, eff. 7/1/2018.
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 61 - STATE INSURANCE DEPARTMENT (§§ 23-61-101 — 23-61-1111) › Subchapter 11 - STATE BOARD OF EMBALMERS, FUNERAL DIRECTORS, CEMETERIES, AND BURIAL SERVICES (§§ 23-61-1101 — 23-61-1111) › Section 23-61-1111 - Duties of State Insurance Department

(a)
The State Insurance Department shall assist the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services in the performance of the duties of the board.
(b)
Assistance under subsection (a) of this section shall include without limitation:
(1)
Receiving and disseminating filings, questions, and requests on behalf of the board to the members of the board in advance of each meeting;
(2)
Reviewing all filings, questions, and requests on behalf of the board and offering the department's opinion on the resolution of the matter;
(3)
Issuing written responses regarding complaints received by the board;
(4)
Scheduling all meetings in conjunction with the Chair of the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services;
(5)
Providing appropriate legal notices for all scheduled meetings;
(6)
Establishing a site where meetings of the board may be held;
(7)
When necessary, scheduling the services of a court reporter for all meetings of the board;
(8)
Providing legal representation and assistance through the legal staff of the department to the board in matters pertaining to this subchapter;
(9)
Acting as a liaison between the board and any court involved in the administration of any perpetual care cemetery placed in receivership;
(10)
Performing inspections at burial associations, cemeteries, funeral homes, funeral establishments and crematoriums for which complaints have been received by the board;
(11)
Performing special audits and examinations as necessary;
(12)
Scheduling, performing, and assisting in performing regular audits and examinations of cemeteries, funeral homes, funeral establishments, and crematoriums;
(13)
Administering or assisting in administering the annual reporting for all perpetual care cemeteries; and
(14)
Assisting in the formulation of legislation on behalf of the board.
Added by Act 2017, No. 788,§ 3, eff. 7/1/2018.
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 62 - KINDS OF INSURANCE - REINSURANCE (§§ 23-62-101 — 23-62-413) › Subchapter 1 - DEFINITIONS (§§ 23-62-101 — 23-62-112) › Section 23-62-101 - Definitions not mutually exclusive

It is intended that certain insurance coverages may come within the definitions of two (2) or more kinds of insurance as defined in this subchapter and §§
23-62-201
,
23-62-202
,
23-62-203
,
23-62-204
,
23-62-205
, and
23-63-701
, and the inclusion of the coverage within one (1) definition shall not exclude it as to any other kind of insurance within the definition of which that coverage is reasonably includable.
Acts 1959, No. 148, § 72; A.S.A. 1947, § 66-2401.
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 62 - KINDS OF INSURANCE - REINSURANCE (§§ 23-62-101 — 23-62-413) › Subchapter 1 - DEFINITIONS (§§ 23-62-101 — 23-62-112) › Section 23-62-102 - Life insurance

(a)
As used in the Arkansas Insurance Code, unless the context otherwise requires, "life insurance" is insurance on human lives.
(b)
The transaction of life insurance includes also the granting of endowment benefits, benefits for expenses incurred in connection with death, additional benefits in event of death or dismemberment by accident or accidental means, additional benefits in event of the insured's disability, and optional modes of settlement of proceeds of life insurance.
(c)
Transaction of life insurance does not include workers' compensation, as defined in §
23-62-105(a)(3)
.
Acts 1959, No. 148, § 73; A.S.A. 1947, § 66-2402.
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 62 - KINDS OF INSURANCE - REINSURANCE (§§ 23-62-101 — 23-62-413) › Subchapter 1 - DEFINITIONS (§§ 23-62-101 — 23-62-112) › Section 23-62-103 - Accident and health insurance

(a)
As used in the Arkansas Insurance Code, unless the context otherwise requires, "accident and health insurance" is insurance of human beings against bodily injury, disablement, or death by accident or accidental means or the expense thereof or against loss of income due to disablement or expense resulting from sickness and every insurance appertaining thereto.
(b)
Transaction of accident and health insurance does not include workers' compensation, as defined in §
23-62-105(a)(3)
.
Acts 1959, No. 148, § 74; A.S.A. 1947, § 66-2403; Acts 2001, No. 1603, § 3; 2001, No. 1604, § 9.
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 62 - KINDS OF INSURANCE - REINSURANCE (§§ 23-62-101 — 23-62-413) › Subchapter 1 - DEFINITIONS (§§ 23-62-101 — 23-62-112) › Section 23-62-104 - Property insurance

As used in the Arkansas Insurance Code, unless the context otherwise requires, "property insurance" is insurance on real or personal property of every kind and of every interest therein, whether on land, water, or in the air, against loss or damage from any and all hazard or cause and against loss consequential upon the loss or damage, other than noncontractual legal liability for the loss or damage.
Acts 1959, No. 148, § 75; A.S.A. 1947, § 66-2404.
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 62 - KINDS OF INSURANCE - REINSURANCE (§§ 23-62-101 — 23-62-413) › Subchapter 1 - DEFINITIONS (§§ 23-62-101 — 23-62-112) › Section 23-62-106 - Surety insurance

As used in the Arkansas Insurance Code, unless the context otherwise requires, "surety insurance" includes:
(1)
Fidelity insurance, which is insurance guaranteeing the fidelity of persons holding positions of public or private trust;
(2)
Insurance guaranteeing the performance of contracts, other than insurance policies, and guaranteeing and executing bonds, undertakings, and contracts of suretyship; and
(3)
Insurance indemnifying banks, bankers, brokers, and financial or moneyed corporations or associations against loss, resulting from any cause, of bills of exchange, notes, bonds, securities, evidences of debt, deeds, mortgages, warehouse receipts or other valuable papers, documents, money, precious metals and articles made therefrom, jewelry, watches, necklaces, bracelets, gems, precious and semiprecious stones, including any loss while they are being transported in armored motor vehicles or by messenger, but not including any other risks of transportation or navigation; also, insurance against loss or damage to an insured's premises or to his or her furnishings, fixtures, equipment, safes, and vaults therein caused by burglary, robbery, theft, vandalism, or malicious mischief, or any attempt thereof.
Acts 1959, No. 148, § 77; A.S.A. 1947, § 66-2406.
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 62 - KINDS OF INSURANCE - REINSURANCE (§§ 23-62-101 — 23-62-413) › Subchapter 1 - DEFINITIONS (§§ 23-62-101 — 23-62-112) › Section 23-62-108 - Title insurance

As used in the Arkansas Insurance Code, unless the context otherwise requires, "title insurance" is insurance of owners of property or others having an interest therein, or liens or encumbrances thereon, against loss by encumbrance, a defective or invalid title, adverse claim to title, or closing protection.
Acts 1959, No. 148, § 79; A.S.A. 1947, § 66-2408; Acts 2007, No. 684, § 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 62 - KINDS OF INSURANCE - REINSURANCE (§§ 23-62-101 — 23-62-413) › Subchapter 1 - DEFINITIONS (§§ 23-62-101 — 23-62-112) › Section 23-62-110 - Mortgage guaranty insurance

As used in the Arkansas Insurance Code, "mortgage guaranty insurance" means insurance that insures lenders against financial loss by reason of nonpayment of principal, interest, or other sums agreed to be paid under the terms of any note, bond, or other evidence of indebtedness secured by a mortgage, deed of trust, or other instrument constituting a lien or charge on improved real estate.
Acts 2005, No. 506, § 10.
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 62 - KINDS OF INSURANCE - REINSURANCE (§§ 23-62-101 — 23-62-413) › Subchapter 1 - DEFINITIONS (§§ 23-62-101 — 23-62-112) › Section 23-62-111 - Employee benefit stop-loss insurance

(a)
As used in this subchapter, "employee benefit stop-loss insurance" means coverage that insures an employer or an employer-sponsored health plan against the risk that:
(1)
One (1) claim will exceed a specific dollar amount; or
(2)
The entire loss of a self-insurance plan will exceed a specific dollar amount.
(b)
An insurer authorized to transact accident and health insurance business in this state may issue employee benefit stop-loss insurance in this state.
(c)
An insurer shall not issue an employee benefit stop-loss insurance policy that:
(1)
Has an annual attachment point for claims incurred per individual that is less than twenty thousand dollars ($20,000);
(2)
Has an annual aggregate attachment point for groups of fifty (50) or less that is lower than one hundred twenty percent (120%) of expected claims;
(3)
Has an annual aggregate attachment point for groups of fifty-one (51) or more that is lower than one hundred ten percent (110%) of expected claims; or
(4)
Provides for direct coverage of healthcare expenses of an individual.
(d)
The Insurance Commissioner may adopt rules that carry out the requirements of this section, including without limitation rules that require:
(1)
Additional standards for employee benefit stop-loss insurance policies; and
(2)
Disclosures to policyholders by an insurance carrier providing employee benefit stop-loss insurance.
Amended by Act 2021, No. 383,§ 1, eff. 7/28/2021.
Acts 2007, No. 496, § 4; 2009, No. 726, § 10; 2011, No. 760, § 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 62 - KINDS OF INSURANCE - REINSURANCE (§§ 23-62-101 — 23-62-413) › Subchapter 1 - DEFINITIONS (§§ 23-62-101 — 23-62-112) › Section 23-62-112 - Family leave insurance - Purpose - Definition

(a)
The purpose of this section is to create a new line of insurance, known as "family leave insurance", to allow an insurer licensed to transact accident and health or life insurance business in this state to issue an insurance policy covering the risk of family leave.
(b)
As used in the Arkansas Insurance Code, "family leave insurance" means an insurance policy that is issued to an employer related to a benefit program that is provided to an employee to pay for a percentage or portion of the employee's income loss due to:
(1)
The birth of the employee's child or adoption of a child by the employee;
(2)
The placement of a foster child in the home of the employee;
(3)
The care of the employee's family member who has a serious health condition; or
(4)
Circumstances arising because the employee's family member, who is a service member, is on active duty or has been notified of an impending call or order to active duty.
(c)
Family leave insurance may be:
(1)
Written as:
(A)
An amendment or rider to a group disability income insurance policy; or
(B)
A separate group insurance policy purchased by an employer; or
(2)
Included in a group disability income insurance policy.
(d)
An insurer that is authorized to transact accident and health or life insurance business in this state may issue family leave insurance in this state.
Added by Act 2023, No. 84,§ 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 62 - KINDS OF INSURANCE - REINSURANCE (§§ 23-62-101 — 23-62-413) › Subchapter 2 - REINSURANCE GENERALLY (§§ 23-62-201 — 23-62-205) › Section 23-62-201 - Exception

This subchapter shall not apply to insurance of wet marine and foreign trade insurance risks.
Acts 1959, No. 148, § 81; 1985, No. 804, § 8; A.S.A. 1947, § 66-2410.
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 62 - KINDS OF INSURANCE - REINSURANCE (§§ 23-62-101 — 23-62-413) › Subchapter 2 - REINSURANCE GENERALLY (§§ 23-62-201 — 23-62-205) › Section 23-62-202 - Limits of risk

Any authorized insurer may accept reinsurance only of such risks, in this state, and retain risk thereon within such limits, as it is authorized to insure.
Acts 1959, No. 148, § 81; 1985, No. 804, § 8; A.S.A. 1947, § 66-2410.
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 62 - KINDS OF INSURANCE - REINSURANCE (§§ 23-62-101 — 23-62-413) › Subchapter 2 - REINSURANCE GENERALLY (§§ 23-62-201 — 23-62-205) › Section 23-62-203 - Rules

The Insurance Commissioner may adopt reasonable rules to implement the provisions of this subchapter.
Amended by Act 2019, No. 315,§ 2625, eff. 7/24/2019.
Acts 1995, No. 1272, § 24.
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 62 - KINDS OF INSURANCE - REINSURANCE (§§ 23-62-101 — 23-62-413) › Subchapter 3 - ARKANSAS CREDIT FOR REINSURANCE LAW (§§ 23-62-301 — 23-62-309) › Section 23-62-301 - Title - Applicability

(a)
This subchapter may be cited as the "Arkansas Credit for Reinsurance Law".
(b)
All reserves ceded to a nonadmitted reinsurer on insurance written in this state shall be subject to the provisions of this subchapter.
Acts 1977, No. 790, § 2; A.S.A. 1947, § 66-2412; Acts 2001, No. 1603, § 6; 2007, No. 496, § 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 62 - KINDS OF INSURANCE - REINSURANCE (§§ 23-62-101 — 23-62-413) › Subchapter 3 - ARKANSAS CREDIT FOR REINSURANCE LAW (§§ 23-62-301 — 23-62-309) › Section 23-62-302 - Sections 23-62-201, 23-62-202, 23-62-204, and 23-62-205 applicable - Purpose - Construction

(a)
Reinsurance of insurance risks by domestic and foreign insurance companies is also regulated under the provisions of §§
23-62-201
,
23-62-202
,
23-62-204
, and
23-62-205
.
(b)
(1)
The purpose of this subchapter is to protect the interest of insureds, claimants, ceding insurers, assuming insurers, and the public generally. The General Assembly declares its intent is to ensure adequate regulation of insurers and reinsurers and adequate protection for those to whom they owe obligations.
(2)
In furtherance of the state's interest, the General Assembly provides a mandate that upon the insolvency of an insurer or reinsurer not domiciled in the United States that provides security to fund its obligations within the United States in accordance with this subchapter:
(A)
The assets representing the security shall be maintained in the United States, and claims shall be filed with and valued by the state insurance commissioner with regulatory oversight; and
(B)
The assets shall be distributed in accordance with the insurance laws of the state in which the trust is domiciled that are applicable to the liquidation of domestic United States insurance companies.
(3)
The General Assembly further declares that the matters contained in this subchapter are fundamental to the business of insurance in accordance with
15 U.S.C. §§ 1011-1012
, as it existed on January 1, 2005.
(c)
(1)
Nothing in this subchapter is intended to prohibit or discourage reasonable competition or to prohibit or discourage the continued availability of insurance regulated by this subchapter.
(2)
The provisions of this subchapter shall be liberally construed.
Acts 1977, No. 790, § 1; A.S.A. 1947, § 66-2411; Acts 2001, No. 1603, § 7; 2005, No. 506, § 12; 2007, No. 496, § 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 62 - KINDS OF INSURANCE - REINSURANCE (§§ 23-62-101 — 23-62-413) › Subchapter 3 - ARKANSAS CREDIT FOR REINSURANCE LAW (§§ 23-62-301 — 23-62-309) › Section 23-62-303 - Report of funds withheld under reinsurance treaties

Deposits and funds withheld under reinsurance treaties shall be reported in the annual statement in the exhibit entitled "Special Deposits Not for the Protection of All Policyholders".
Acts 1977, No. 790, § 3; A.S.A. 1947, § 66-2413; Acts 1991, No. 723, § 10.
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 62 - KINDS OF INSURANCE - REINSURANCE (§§ 23-62-101 — 23-62-413) › Subchapter 3 - ARKANSAS CREDIT FOR REINSURANCE LAW (§§ 23-62-301 — 23-62-309) › Section 23-62-304 - Agreement examination

The Insurance Commissioner shall have the right to examine any of the reinsurance agreements or deposit arrangements of the ceding insurer at any time.
Acts 1977, No. 790, § 4; A.S.A. 1947, § 66-2414; Acts 1991, No. 723, § 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 62 - KINDS OF INSURANCE - REINSURANCE (§§ 23-62-101 — 23-62-413) › Subchapter 3 - ARKANSAS CREDIT FOR REINSURANCE LAW (§§ 23-62-301 — 23-62-309) › Section 23-62-306 - Asset or reduction from liability for reinsurance ceded by domestic insurer to assuming insurer - Noncompliant assuming insurer

(a)
(1)
An asset or a reduction from liability for the reinsurance ceded by a domestic insurer to an assuming insurer not meeting the requirements of §
23-62-305
shall be allowed in an amount not exceeding the liabilities carried by the ceding insurer.
(2)
The Insurance Commissioner shall promulgate rules necessary to implement this section that address:
(A)
The valuation of assets or reserve credits;
(B)
The amount and forms of security supporting reinsurance arrangements as described in §
23-62-308(b)
; and
(C)
The circumstances in which credit of a noncomplying assuming insurer shall be reduced or eliminated.
(b)
The reduction shall be in the amount of funds held by or on behalf of the ceding insurer, including funds held in trust for the ceding insurer, under a reinsurance contract with the assuming insurer as security for the payment of obligations thereunder, if the security is held:
(1)
In the United States subject to withdrawal solely by, and under the exclusive control of, the ceding insurer; or
(2)
In the case of a trust, in a qualified United States financial institution as defined in §
23-62-307(b)
.
(c)
The security may be in the form of:
(1)
Cash;
(2)
Securities listed by the Securities Valuation Office of the National Association of Insurance Commissioners, including those deemed exempt from filing as defined by the Purposes and Procedures Manual of the Securities Valuation Office, and qualifying as admitted assets;
(3)
(A)
Clean, irrevocable, unconditional letters of credit, issued or confirmed by a qualified United States financial institution as defined in §
23-62-307(a)
, effective no later than December 31 of the year for which filing is being made, and in the possession of, or in trust for, the ceding insurer on or before the filing date of its annual statement.
(B)
Letters of credit meeting applicable standards of issuer acceptability as of the dates of their issuance or confirmation, notwithstanding the issuing or confirming institution's subsequent failure to meet applicable standards of issuer acceptability, shall continue to be acceptable as security until their expiration, extension, renewal, modification, or amendment, whichever first occurs; or
(4)
Any other form of security acceptable to the Insurance Commissioner.
Amended by Act 2021, No. 672,§ 2, eff. 7/1/2021.
Amended by Act 2015, No. 1223,§ 2, eff. 7/22/2015, applicable to cessation under reinsurance agreements issued, renewed, or amended on or after six (6) months after the effective date of this act.
Acts 1991, No. 723, § 13; 2005, No. 506, § 14.
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 62 - KINDS OF INSURANCE - REINSURANCE (§§ 23-62-101 — 23-62-413) › Subchapter 3 - ARKANSAS CREDIT FOR REINSURANCE LAW (§§ 23-62-301 — 23-62-309) › Section 23-62-307 - Qualified United States financial institutions

(a)
For purposes of §
23-62-306(c)(3)
, a "qualified United States financial institution" means an institution that:
(1)
Is organized or, in the case of a United States office of a foreign banking organization, licensed under the laws of the United States or any state thereof;
(2)
Is regulated, supervised, and examined by United States federal or state authorities having regulatory authority over banks and trust companies; and
(3)
Has been determined by either the Insurance Commissioner or the Securities Valuation Office of the National Association of Insurance Commissioners to meet such standards of financial condition and standing as are considered necessary and appropriate to regulate the quality of financial institutions whose letters of credit will be acceptable to the commissioner.
(b)
A "qualified United States financial institution" means, for purposes of those provisions of this law specifying those institutions that are eligible to act as a fiduciary of a trust, an institution that:
(1)
Is organized, or, in the case of a United States branch or agency office of a foreign banking organization, licensed under the laws of the United States or any state thereof and has been granted authority to operate with fiduciary powers; and
(2)
Is regulated, supervised, and examined by federal or state authorities having regulatory authority over banks and trust companies.
Amended by Act 2015, No. 1223,§ 3, eff. 7/22/2015, applicable to cessation under reinsurance agreements issued, renewed, or amended on or after six (6) months after the effective date of this act.
Acts 1991, No. 723, § 13.