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 76 - HEALTH MAINTENANCE ORGANIZATIONS (§§ 23-76-101 — 23-76-132) › Section 23-76-104 - Arkansas Insurance Code sections applicable to health maintenance organizations

(a)
Except to the extent that the Insurance Commissioner determines that the nature of health maintenance organizations, healthcare plans, and evidences of coverage render such sections clearly inappropriate, the following sections are applicable to health maintenance organizations:
(1)
Sections
23-60-101
-
23-60-108
and
23-60-110
, referring to scope of the Arkansas Insurance Code;
(2)
Section
23-61-101
et seq., §
23-61-201
et seq., and §
23-61-301
et seq., referring to the Insurance Commissioner;
(3)
Sections
23-63-102
-
23-63-104
, §
23-63-201
et seq., general provisions, and §
23-63-301
et seq., referring to service of process, a registered agent as process agent, serving legal process, and time to plead;
(4)
Section
23-63-601
et seq., referring to assets and liabilities, and §
23-63-901
et seq., referring to administration of deposits;
(5)
Section
23-63-1501
et seq., referring to risk-based capital requirements;
(6)
Section
23-64-101
et seq., §
23-64-201
et seq., and §
23-64-501
et seq., referring to agents, brokers, solicitors, and adjusters;
(7)
The Trade Practices Act, §
23-66-201
et seq.; §§
23-66-301
-
23-66-306
and
23-66-308
-
23-66-314
; and §
23-66-501
et seq., referring to trade practices and frauds;
(8)
Section
23-68-101
et seq., referring to rehabilitation and liquidation;
(9)
Section
23-69-134
, referring to home office and records and the penalty for unlawful removal of records;
(10)
Section
23-69-156
, referring to extinguishing unused corporate charters;
(11)
Sections
23-75-104
,
23-75-105
, and
23-75-116
, referring to hospital and medical service corporations;
(12)
Sections
23-79-101
-
23-79-107
,
23-79-109
-
23-79-128
,
23-79-131
-
23-79-134
, and
23-79-202
-
23-79-210
, referring to insurance contracts;
(13)
Sections
23-85-101
-
23-85-132
,
23-85-134
, and
23-85-136
, referring to individual accident and health insurance;
(14)
Sections
23-86-101
-
23-86-104
,
23-86-106
,
23-86-108
-
23-86-111
,
23-86-113
-
23-86-117
,
23-86-119
,
23-86-120
, §
23-86-201
et seq., §
23-86-301
et seq., and §
23-86-401
et seq., referring to blanket and group accident and health insurance;
(15)
Section
23-99-201
et seq., §
23-99-301
et seq., §
23-99-401
et seq., §
23-99-501
et seq., §
23-99-601
et seq., and §
23-99-701
et seq., referring to healthcare providers;
(16)
Section
23-64-515
, referring to notice of termination of appointment; and
(17)
The Arkansas Life and Health Insurance Guaranty Association Act, §
23-96-101
et seq., referring to the Arkansas Life and Health Insurance Guaranty Association.
(b)
(1)
A health maintenance organization domiciled or applying to be domiciled in this state may elect to be subject to the Insurance Holding Company Regulatory Act, §
23-63-501
et seq., by:
(A)
Written notice in its application at the time the health maintenance organization applies to be domiciled in Arkansas; or
(B)
Providing thirty (30) days' prior written notice to the commissioner if the health maintenance organization was domiciled in Arkansas on March 22, 2007.
(2)
An election under this subsection:
(A)
Shall not be revoked;
(B)
Requires that if a modification is required to be reported or filed under the Insurance Holding Company Regulatory Act, §
23-63-501
et seq., the health maintenance organization shall comply with the provisions concerning notice of major modifications to the operation of the health maintenance organization under the Insurance Holding Company Regulatory Act, §
23-63-501
et seq., instead of the provisions concerning notice of major modifications to the operation of the health maintenance organization under §
23-76-107(d)
; and
(C)
Does not affect the duty of a health maintenance organization to make any other filing required under §
23-76-107(d)
that is not required by the Insurance Holding Company Regulatory Act, §
23-63-501
et seq.
(c)
If a health maintenance organization does not elect to be subject to the Insurance Holding Company Regulatory Act, §
23-63-501
et seq., it shall be subject to §
23-69-142
regarding mergers, consolidations, and acquisitions.
Amended by Act 2019, No. 520,§ 1, eff. 7/24/2019.
Amended by Act 2017, No. 283,§ 17, eff. 8/1/2017.
Amended by Act 2013, No. 355,§ 11, eff. 8/16/2013.
Acts 1975, No. 454, § 25; 1983, No. 624, § 2; A.S.A. 1947, § 66-5225; Acts 1999, No. 624, § 3; 2001, No. 1605, § 2; 2007, No. 429, § 2; 2011, No. 760, § 13.