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 93 - CONTINUING CARE PROVIDERS (§§ 23-93-101 — 23-93-207) › Subchapter 1 - CONTINUING CARE PROVIDER REGULATION ACT (§§ 23-93-101 — 23-93-114) › Section 23-93-113 - Statutory lien

In the event of the bankruptcy or receivership of the provider resulting from the financial difficulties of the provider, the residents of the facility shall have a statutory lien on the real and personal property of the facility. This lien shall be subordinate to liens of record prior to the date of a filing of a petition in bankruptcy or petition for receivership but shall be superior to all other creditors.
Acts 1987, No. 329, § 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 93 - CONTINUING CARE PROVIDERS (§§ 23-93-101 — 23-93-207) › Subchapter 1 - CONTINUING CARE PROVIDER REGULATION ACT (§§ 23-93-101 — 23-93-114) › Section 23-93-114 - Investigations and examinations

(a)
The State Insurance Department may conduct any investigation or examination deemed necessary by the Insurance Commissioner:
(1)
For the public health, safety, and welfare of a resident or potential resident of a facility;
(2)
In response to a written complaint filed by a resident or prospective resident;
(3)
If it appears from the filings required by this subchapter that the solvency of the facility is in question; or
(4)
To determine whether any provision of this subchapter or any rule or order has been violated.
(b)
The commissioner may conduct any investigation in person or direct any department employee to act on the commissioner's behalf. For any on-site investigation, the expenses incurred, including compensation of any department examiner, shall be paid by the facility being investigated. For the purposes of this section, the provisions of §
23-61-206
shall apply.
(c)
The commissioner may conduct a financial examination. The commissioner may utilize department examiners or he or she may retain independent certified public accountants to conduct the examination. Each facility being examined shall pay the department the expenses incurred pursuant to §
23-61-206
. The cost of any retained accountants shall not be in excess of the amount that could be charged for department examiners.
(d)
When the services of an actuary are deemed necessary in any investigation or examination, the commissioner may retain an independent actuary with those expenses being paid by the facility.
(e)
The commissioner or any officer designated by the commissioner may adminster oaths and affirmations, issue subpoenas, hear testimony, and take evidence in reference to any investigation or examination conducted pursuant to this subchapter.
Acts 1987, No. 329, § 11; 1989, No. 203, § 4.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 93 - CONTINUING CARE PROVIDERS (§§ 23-93-101 — 23-93-207) › Subchapter 2 - LICENSING (§§ 23-93-201 — 23-93-207) › Section 23-93-201 - Definitions

As used in this subchapter:
(1)
"Commissioner" means the Insurance Commissioner;
(2)
"Department" means the State Insurance Department;
(3)
"Entrance fee" means a payment that assures a resident a place in a facility for a term of years or for life;
(4)
"Facility" means a place which provides life care;
(5)
"Hazardous financial condition" means a provider is insolvent or in imminent danger of becoming insolvent;
(6)
"Life care" means continuing care as defined in §
23-93-103(2)
, except that no additional charges are made for nursing care or personal care services beyond those charged all residents of the facility who are not receiving nursing care or personal care services;
(7)
"Living unit" means a room, apartment, cottage, or other area within a facility set aside for the exclusive use or control of one (1) or more identified individuals;
(8)
(A)
"Nursing care" means those services pertaining to the curative, restorative, and preventive aspects of nursing services that are performed by or under the supervision of a registered or licensed nurse.
(B)
"Nursing care" does not include general health service such as nutritional counseling, exercise programs, or other preventive medicine techniques;
(9)
(A)
"Personal care services" means assistance with meals, dressing, movement, bathing, or other personal needs of maintenance or other direct supervision and oversight of the physical and mental well-being of a person.
(B)
"Personal care services" does not include general health services such as nutritional counseling, exercise programs, or other preventive medicine techniques;
(10)
"Provider" means the owner or operator, whether a natural person, partnership, or other incorporated association, trust, or corporation whose owner or operator undertakes to provide life care for a fee, whether fixed or variable, for the period of care. The fee may be payable in lump sum, or lump sum and monthly maintenance charges, or in installments;
(11)
"Refund reserve" means the actuarially determined annual refund amount required to be maintained by a life care provider for service of its refund amounts during the next fiscal year of the facility;
(12)
"Resident" means an individual entitled to receive life care in a facility; and
(13)
"Solicit" means all actions of a provider in seeking to have individuals residing in this state pay an application fee and enter into a life care agreement by any means, such as, but not limited to, personal, telephone, or mail communication, or any other communication directed to and received by any individual in this state, and any advertisements in any media distributed or communicated by any means to individuals in this state.
Acts 1993, No. 787, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 93 - CONTINUING CARE PROVIDERS (§§ 23-93-101 — 23-93-207) › Subchapter 2 - LICENSING (§§ 23-93-201 — 23-93-207) › Section 23-93-202 - Continuing Care Provider Regulation Act - Applicability

(a)
In addition to this subchapter, a life care provider is subject to the Continuing Care Provider Regulation Act, §
23-93-101
et seq.
(b)
(1)
A life care provider shall not be established, conducted, or maintained in this state without obtaining a license from the Insurance Commissioner.
(2)
However, a life care provider established before August 13, 1993, shall be licensed without application or payment of a fee.
(c)
(1)
A life care provider shall include at least one (1) resident of the continuing care community who is nominated by the residents as a voting member of the life care provider's governing body.
(2)
A resident member shall perform his or her duties in a manner that complies with the standards of conduct and fiduciary duties of the members of the governing board of the life care provider.
Amended by Act 2019, No. 777,§ 1, eff. 7/24/2019.
Acts 1993, No. 787, §§ 2, 3.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 93 - CONTINUING CARE PROVIDERS (§§ 23-93-101 — 23-93-207) › Subchapter 2 - LICENSING (§§ 23-93-201 — 23-93-207) › Section 23-93-203 - License not transferable - Limitation on contracts

(a)
No license is transferable, and no license issued pursuant to this subchapter has value for sale or exchange as property.
(b)
No provider or other owning entity shall sell or transfer ownership of the facility or enter into a contract with a third-party provider for management of the facility unless the State Insurance Department approves such a transfer or contract.
Acts 1993, No. 787, § 4.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 93 - CONTINUING CARE PROVIDERS (§§ 23-93-101 — 23-93-207) › Subchapter 2 - LICENSING (§§ 23-93-201 — 23-93-207) › Section 23-93-204 - Issuance of license

The State Insurance Department shall issue a license upon its affirmative determination that all of the following requirements have been met:
(1)
The provider can fulfill its obligation under the life care contract if the resident complies with the terms of the offer;
(2)
There is reasonable assurance that all proposed improvements can be completed as represented;
(3)
The provider, its officers, and principals have not been convicted of a crime in this state, the United States, or any other state or foreign country within the past ten (10) years, the seriousness of which in the opinion of the department warrants the denial of a permit;
(4)
The provider, its officers, and principals have not been subject to any permanent injunction or final administrative order restraining a false or misleading plan involving a facility disposition, the seriousness of which in the opinion of the department warrants the denial of a permit; and
(5)
The disclosure statement requirements of the Continuing Care Provider Regulation Act, §
23-93-101
et seq., have been satisfied.
Acts 1993, No. 787, § 7.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 93 - CONTINUING CARE PROVIDERS (§§ 23-93-101 — 23-93-207) › Subchapter 2 - LICENSING (§§ 23-93-201 — 23-93-207) › Section 23-93-205 - Violations

(a)
The license of a provider shall remain in effect until revoked after notice and hearing upon written finding of fact by the State Insurance Department that the provider has:
(1)
Willfully violated any provision of this subchapter, or any rule promulgated under this subchapter;
(2)
Failed to file an annual disclosure statement or standard form of contract as required by the Continuing Care Provider Regulation Act, §
23-93-101
et seq.;
(3)
Delivered to a prospective resident a disclosure statement that makes an untrue statement or omits a material fact, and the provider, at the time of the delivery of the disclosure statement, had actual knowledge of the misstatement or omission;
(4)
Failed to comply with the terms of a cease and desist order issued pursuant to §
23-93-104
; or
(5)
Has been determined by the department to be in a hazardous financial condition.
(b)
Findings of fact in support of revocation shall be accompanied by an explicit statement of the underlying facts supporting the finding.
Amended by Act 2019, No. 315,§ 2783, eff. 7/24/2019.
Acts 1993, No. 787, § 8.
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 93 - CONTINUING CARE PROVIDERS (§§ 23-93-101 — 23-93-207) › Subchapter 2 - LICENSING (§§ 23-93-201 — 23-93-207) › Section 23-93-206 - Fees

(a)
(1)
An application for a license shall consist of a statement containing the items set forth in this subchapter, together with a filing fee in the amount of four hundred dollars ($400) plus forty dollars ($40.00) per living unit made payable to the Treasurer of State.
(2)
In the event living units are added during the application process, an additional fee of forty dollars ($40.00) per living unit shall be paid.
(b)
(1)
Upon receipt of the complete application for a license, the State Insurance Department shall issue a notice of filing to the applicant within ten (10) business days.
(2)
Within ninety (90) days of the notice of filing, the department shall enter an order issuing the license or rejecting the application.
(c)
(1)
If the Insurance Commissioner determines that any of the application requirements have not been met, the commissioner shall notify the applicant that the application must be corrected within thirty (30) days in those particulars designated by the commissioner.
(2)
(A)
If the requirements are not met within the time allowed, the commissioner may enter an order rejecting the application. The order shall include the finding of fact upon which the order is based and which shall not become effective until twenty (20) days after the end of the thirty-day period.
(B)
During the twenty-day period, the applicant may petition for reconsideration and is entitled to a hearing.
(d)
If a facility is accredited by a process approved by the commissioner as substantially equivalent to the requirements of this subchapter, then the facility shall be deemed to have met the requirements of this subchapter and the commissioner shall issue a license to the facility.
Acts 1993, No. 787, § 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 94 - LIABILITY RISK RETENTION (§§ 23-94-201 — 23-94-301) › Subchapter 2 - RISK RETENTION AND PURCHASING GROUPS ACT (§§ 23-94-201 — 23-94-215) › Section 23-94-201 - Title

This subchapter may be cited as the "Risk Retention and Purchasing Groups Act".
Acts 1995, No. 623, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 94 - LIABILITY RISK RETENTION (§§ 23-94-201 — 23-94-301) › Subchapter 2 - RISK RETENTION AND PURCHASING GROUPS ACT (§§ 23-94-201 — 23-94-215) › Section 23-94-202 - Purpose

The purpose of this subchapter is to regulate the formation and operation of risk retention groups and purchasing groups in this state formed pursuant to the provisions of the Liability Risk Retention Act of 1986 ("RRA 1986"), to the extent permitted by such law.
Acts 1995, No. 623, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 94 - LIABILITY RISK RETENTION (§§ 23-94-201 — 23-94-301) › Subchapter 2 - RISK RETENTION AND PURCHASING GROUPS ACT (§§ 23-94-201 — 23-94-215) › Section 23-94-206 - Compulsory associations

(a)
No risk retention group shall be required or permitted to join or contribute financially to any insurance insolvency guaranty fund, or similar mechanism, in this state, nor shall any risk retention group, or its insureds or claimants against its insureds, receive any benefit from any such fund for claims arising under the insurance policies issued by a risk retention group.
(b)
When a purchasing group obtains insurance covering its members' risks from an insurer not authorized in this state or a risk retention group, no such risks, wherever resident or located, shall be covered by any insurance guaranty fund or similar mechanism in this state.
(c)
When a purchasing group obtains insurance covering its members' risks from an authorized insurer, only risks resident or located in this state shall be covered by the appropriate state guaranty fund.
Acts 1995, No. 623, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 94 - LIABILITY RISK RETENTION (§§ 23-94-201 — 23-94-301) › Subchapter 2 - RISK RETENTION AND PURCHASING GROUPS ACT (§§ 23-94-201 — 23-94-215) › Section 23-94-207 - Purchasing groups - Exemption from certain laws

A purchasing group and its insurer or insurers shall be subject to all applicable laws of this state, except that a purchasing group and its insurer or insurers shall be exempt, in regard to liability insurance for the purchasing group, from any law that would:
(1)
Prohibit the establishment of a purchasing group;
(2)
Make it unlawful for an insurer to provide or offer to provide insurance on a basis providing, to a purchasing group or its members, advantages based on their loss and expense experience not afforded to other persons with respect to rates, policy forms, coverages, or other matters;
(3)
Prohibit a purchasing group or its members from purchasing insurance on a group basis described in subdivision (2) of this section;
(4)
Prohibit a purchasing group from obtaining insurance on a group basis because the purchasing group has not been in existence for a minimum period of time or because any member has not belonged to the purchasing group for a minimum period of time;
(5)
Require that a purchasing group must have a minimum number of members, common ownership or affiliation, or certain legal form;
(6)
Require that a certain percentage of a purchasing group must obtain insurance on a group basis;
(7)
Otherwise discriminate against a purchasing group or any of its members; or
(8)
Require that any insurance policy issued to a purchasing group or any of its members be countersigned by an insurance agent or broker residing in this state.
Acts 1995, No. 623, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 94 - LIABILITY RISK RETENTION (§§ 23-94-201 — 23-94-301) › Subchapter 2 - RISK RETENTION AND PURCHASING GROUPS ACT (§§ 23-94-201 — 23-94-215) › Section 23-94-209 - Restrictions on insurance purchased by purchasing groups

(a)
A purchasing group may not purchase insurance from a risk retention group that does not hold a certificate of registration in this state or from an insurer not admitted in the state in which the purchasing group is located, unless the purchase is effected through a licensed agent or broker acting pursuant to the surplus line laws and rules of such state.
(b)
A purchasing group which obtains liability insurance from an insurer not admitted in this state or a risk retention group shall inform each of the members of the group which have a risk resident or located in this state that the risk is not protected by an insurance insolvency guaranty fund in this state, and that the risk retention group or insurer may not be subject to all insurance laws and rules of this state.
(c)
No purchasing group may purchase insurance providing for a deductible or self-insured retention applicable to the group as a whole; however, coverage may provide for a deductible or self-insured retention applicable to individual members.
(d)
Purchases of insurance by purchasing groups are subject to the same standards regarding aggregate limits which are applicable to all purchases of group insurance.
Amended by Act 2019, No. 315,§ 2785, eff. 7/24/2019.
Acts 1995, No. 623, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 94 - LIABILITY RISK RETENTION (§§ 23-94-201 — 23-94-301) › Subchapter 2 - RISK RETENTION AND PURCHASING GROUPS ACT (§§ 23-94-201 — 23-94-215) › Section 23-94-210 - Taxation

(a)
Each authorized risk retention group shall, on or before March 1 of each year, file with the commissioner on forms prescribed by the commissioner a statement for the preceding calendar year showing all premiums paid to the risk retention group for risks insured within this state.
(b)
Coincident with the filing of the report, each authorized risk retention group shall submit to the Treasurer of State through the commissioner, as a tax imposed for the privilege of transacting business as a risk retention group within this state, a tax of four percent (4%) on all premiums paid for coverages within this state to the risk retention group within the preceding calendar year as shown by the annual statement filed with the commissioner.
(c)
Agents or brokers shall report in an annual statement and pay the four percent (4%) tax on or before March 1 of each year for the premiums for risks which they have placed within the preceding calendar year with or on behalf of a risk retention group not authorized to do business in this state by a subsisting certificate of registration issued by the commissioner.
(d)
Any risk retention group, agent, or broker who fails to file the annual statement or fails to remit the tax as provided by law on March 1 when the tax is due shall be liable for a fine of one hundred dollars ($100) for each day of delinquency commencing with March 1. However, for good cause shown, the commissioner, after a written request, may grant a reasonable extension of time within which the statement may be filed and the tax paid. The tax may be collected by distraint, or the tax and fine may be covered by an action instituted by the commissioner in any court of competent jurisdiction. The commissioner shall pay to the Treasurer of State any fine so collected.
Acts 1995, No. 623, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 94 - LIABILITY RISK RETENTION (§§ 23-94-201 — 23-94-301) › Subchapter 2 - RISK RETENTION AND PURCHASING GROUPS ACT (§§ 23-94-201 — 23-94-215) › Section 23-94-211 - License fees

The provisions as to fees for obtaining and continuing licenses for insurers, agents, and brokers under §
23-61-401
shall be applicable to risk retention groups, purchasing groups, risk retention group agents and purchasing group brokers, resident surplus lines brokers, and nonresident surplus lines purchasing group brokers under the provisions of this subchapter and the Surplus Lines Insurance Law, §
23-65-301
et seq., except as they conflict with the provisions of the Liability Risk Retention Act of 1986.
Acts 1995, No. 623, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 94 - LIABILITY RISK RETENTION (§§ 23-94-201 — 23-94-301) › Subchapter 2 - RISK RETENTION AND PURCHASING GROUPS ACT (§§ 23-94-201 — 23-94-215) › Section 23-94-212 - Administrative and procedural authority regarding risk retention groups and purchasing groups

The commissioner is authorized to make use of any of the powers established under the Arkansas Insurance Code to enforce the laws of this state not specifically preempted by the Liability Risk Retention Act of 1986, including the commissioner's administrative authority to investigate, issue subpoena, conduct depositions and hearings, issue orders, impose penalties, and seek injunctive relief. With regard to any investigation, administrative proceedings, or litigation, the commissioner can rely on the procedural laws of this state. The injunctive authority of the commissioner, in regard to risk retention groups, is restricted by the requirement that any injunction be issued by a court of competent jurisdiction.
Acts 1995, No. 623, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 94 - LIABILITY RISK RETENTION (§§ 23-94-201 — 23-94-301) › Subchapter 2 - RISK RETENTION AND PURCHASING GROUPS ACT (§§ 23-94-201 — 23-94-215) › Section 23-94-214 - Binding effect of orders issued in United States District Court

An order issued by any district court of the United States enjoining a risk retention group from soliciting or selling insurance, or operating in any state, or in all states or in any territory or possession of the United States, upon a finding that the risk retention group is in hazardous financial or financially impaired condition shall be enforceable in the courts of the state.
Acts 1995, No. 623, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 94 - LIABILITY RISK RETENTION (§§ 23-94-201 — 23-94-301) › Subchapter 2 - RISK RETENTION AND PURCHASING GROUPS ACT (§§ 23-94-201 — 23-94-215) › Section 23-94-215 - Rules

The commissioner may establish and from time to time amend such rules relating to risk retention groups as may be necessary or desirable to carry out the provisions of this subchapter.
Amended by Act 2019, No. 315,§ 2786, eff. 7/24/2019.
Acts 1995, No. 623, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 95 - RISK-SHARING PLANS FOR PROPERTY AND CASUALTY INSURANCE (§§ 23-95-101 — 23-95-108) › Section 23-95-101 - Purpose

The purpose of this chapter is to provide for the establishment of risk-sharing plans for property or casualty insurance if the Insurance Commissioner determines that the insurance is not reasonably available in the voluntary market for the citizens of this state. This chapter is not intended to conflict with the provisions as to other risk-sharing plans established under prior law or in the Arkansas Insurance Code and, in particular, the provisions of §§
23-88-301
and
27-19-106
.
Acts 1987, No. 896, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 95 - RISK-SHARING PLANS FOR PROPERTY AND CASUALTY INSURANCE (§§ 23-95-101 — 23-95-108) › Section 23-95-102 - Construction

This chapter shall be deemed cumulative of prior laws, and no prior law or part of a law shall be deemed to be in conflict with this chapter unless failure to so determine would prevent giving effect to an explicit provision of this chapter.
Acts 1987, No. 896, § 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 95 - RISK-SHARING PLANS FOR PROPERTY AND CASUALTY INSURANCE (§§ 23-95-101 — 23-95-108) › Section 23-95-103 - Governing board

There is created a governing board of seven (7) members to be appointed by the Insurance Commissioner which shall meet as necessary to review and prescribe operating procedures and rules to implement any plan promulgated pursuant to this chapter. The board shall be composed of the following members:
(1)
The Insurance Commissioner, who shall serve as chair;
(2)
Two (2) representatives from insurers licensed to operate in this state;
(3)
Two (2) representatives who are licensed insurance agents in this state; and
(4)
Two (2) consumer representatives.
Acts 1987, No. 896, § 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 95 - RISK-SHARING PLANS FOR PROPERTY AND CASUALTY INSURANCE (§§ 23-95-101 — 23-95-108) › Section 23-95-104 - Plan for coverage - Requirement

(a)
(1)
If the Insurance Commissioner finds after a hearing that in all or in any part of this state, any amount or kind of insurance authorized by §§
23-62-104
and
23-62-105
is not reasonably available in the voluntary market and that the public interest requires the availability of that insurance, the commissioner shall direct insurers doing business within this state to prepare a voluntary plan which will provide that insurance coverage.
(2)
The plan shall be submitted to the commissioner within the time he or she designates and, if approved by him or her, may be put into operation.
(3)
If the plan is not approved by the commissioner or if the plan is not submitted as required, the commissioner may promulgate a plan to provide insurance coverage for any risks in this state which, based on reasonable underwriting standards, are entitled to obtain coverage, but are otherwise unable to obtain coverage in the voluntary market.
(b)
All orders of the commissioner finding that a line of insurance is not reasonably available in the voluntary market shall consider, to the extent practicable, historical data from the past five (5) years regarding:
(1)
Market availability;
(2)
Major trends in policy forms, limits, and deductibles offered;
(3)
Filed rates for the line if available;
(4)
Loss ratios, claims severity, and claims frequency on both the state and national levels;
(5)
Availability of surplus lines coverage;
(6)
The types of insurers offering the line of insurance in the state;
(7)
The existence of any residual market programs, market assistance programs, and captive insurance; and
(8)
Whether alternatives to the creation of a risk-sharing plan are feasible.
(c)
The commissioner may require licensed insurers and surplus lines companies to report historical data to assist the consideration of the factors contained in subsection (b) of this section.
(d)
The commissioner shall afford any interested party an opportunity to submit written or oral testimony to assist in the determination required by subsection (a) of this section.
(e)
The commissioner shall report to the Legislative Council all lines of insurance that he or she determines are not reasonably available in the voluntary market.
Acts 1987, No. 896, § 2; 2005, No. 1697, § 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 95 - RISK-SHARING PLANS FOR PROPERTY AND CASUALTY INSURANCE (§§ 23-95-101 — 23-95-108) › Section 23-95-105 - Plan for coverage - Contents

(a)
Each plan promulgated or prepared pursuant to §
23-95-104
shall:
(1)
Give consideration to:
(A)
The need for adequate and readily accessible coverage;
(B)
Optional methods of improving the market affected;
(C)
The inherent limitations of the insurance mechanism;
(D)
The need for reasonable underwriting standards; and
(E)
The requirement of reasonable loss prevention measures;
(2)
Establish procedures that will create minimum interference with the voluntary market;
(3)
Distribute the obligations imposed by the plan and any profits or losses experienced by the plan equitably and efficiently among the participating insurers;
(4)
Establish procedures for applicants and participants to have their grievances reviewed by an impartial body. The filing and processing of a complaint or grievance pursuant to this section does not waive or stay the requirement for participation in the plan; and
(5)
Establish a rating plan which shall be actuarially sound.
(b)
Each plan may, on behalf of its participants:
(1)
Issue policies of insurance to eligible applicants;
(2)
Underwrite, adjust, and pay losses on insurance issued by the plan;
(3)
Appoint a service company or companies to perform the functions enumerated in this subsection; and
(4)
Obtain reinsurance for any part or all of its risks.
(c)
Participation by the insurer in the losses and expenses of the plan shall be in the proportion that the direct written premiums of the insurer written in this state bears to the total aggregate written premium written in this state. Premiums which serve as the basis for participation in other risk-sharing plans established under prior law shall be excluded both from the insurer's direct written premium and the total aggregate direct written premium in determining participation in the losses and expenses of the plan.
(d)
Each plan shall provide for:
(1)
The method of classifying risks;
(2)
The making and filing of rates which are not excessive, inadequate, or unfairly discriminatory and policy forms applicable to the various risks insured by the plan;
(3)
The adjusting and processing of claims;
(4)
The commission rates to be paid to agents or brokers for coverages written by the plan; and
(5)
Any other insurance of investment functions that are necessary for the purpose of providing adequate and readily accessible coverage.
Acts 1987, No. 896, §§ 3-5.
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 95 - RISK-SHARING PLANS FOR PROPERTY AND CASUALTY INSURANCE (§§ 23-95-101 — 23-95-108) › Section 23-95-106 - Information for individuals

Every participating insurer and agent shall provide to any person seeking the insurance available in each plan information about the services prescribed in the plan, including full information on the requirements and procedures for obtaining insurance under the plan.
Acts 1987, No. 896, § 7.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 95 - RISK-SHARING PLANS FOR PROPERTY AND CASUALTY INSURANCE (§§ 23-95-101 — 23-95-108) › Section 23-95-107 - No liability in creating plan

There shall be no liability on the part of and no cause of action shall arise against the Insurance Commissioner, his or her representatives, or any plan, its participants, or its employees for any good faith action taken by them in the performance of their powers and duties in creating any plan pursuant to this chapter.
Acts 1987, No. 896, § 8.
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 95 - RISK-SHARING PLANS FOR PROPERTY AND CASUALTY INSURANCE (§§ 23-95-101 — 23-95-108) › Section 23-95-108 - Rules

The Insurance Commissioner shall have the authority to promulgate rules necessary to effectuate the purpose of this chapter.
Amended by Act 2019, No. 315,§ 2787, eff. 7/24/2019.
Acts 1987, No. 896, § 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 96 - ARKANSAS LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION ACT (§§ 23-96-101 — 23-96-121) › Section 23-96-101 - Title

This chapter shall be known and may be cited as the "Arkansas Life and Health Insurance Guaranty Association Act".
Amended by Act 2019, No. 520,§ 2, eff. 7/24/2019.
Acts 1989, No. 444, § 1; 1997, No. 950, § 1; 2001, No. 1603, § 46.
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 96 - ARKANSAS LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION ACT (§§ 23-96-101 — 23-96-121) › Section 23-96-102 - Purpose

(a)
The purpose of this chapter is to protect, subject to certain limitations, the persons specified in §
23-96-107(a)
against failure in the performance of contractual obligations under life and health and annuity policies, plans, or contracts specified in §
23-96-107(b)
because of the impairment or insolvency of the member insurer that issued the policies, plans, or contracts.
(b)
To provide this protection, an association of member insurers is created to pay benefits and to continue coverages as limited in this chapter, and members of the association are subject to assessment to provide funds to carry out the purpose of this chapter.
Amended by Act 2019, No. 520,§ 2, eff. 7/24/2019.
Acts 1989, No. 444, § 2; 1997, No. 950, § 1; 2001, No. 1603, § 47.
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 96 - ARKANSAS LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION ACT (§§ 23-96-101 — 23-96-121) › Section 23-96-103 - Construction - Applicability

(a)
This chapter shall be construed to effect the purpose under §
23-96-102
.
(b)
This chapter shall not be construed to reduce the liability for unpaid assessments of the insureds of an impaired or insolvent insurer operating under a plan with assessment liability.
Amended by Act 2019, No. 520,§ 2, eff. 7/24/2019.
Acts 1989, No. 444, §§ 4, 14, 20; 1997, No. 950, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 96 - ARKANSAS LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION ACT (§§ 23-96-101 — 23-96-121) › Section 23-96-108 - Immunity

(a)
The following are not liable for or subject to any cause of action resulting from an act or omission by them in the performance of their powers and duties under this chapter:
(1)
A member insurer or its agents or employees;
(2)
The Arkansas Life and Health Insurance Guaranty Association or its agents or employees;
(3)
Members of the Board of Directors of the Arkansas Life and Health Insurance Guaranty Association; or
(4)
The Insurance Commissioner or his or her representatives.
(b)
Immunity under this section extends to the participation in any organization of one (1) or more other state associations of similar purposes and to any such organization and its agents or employees.
Amended by Act 2019, No. 520,§ 2, eff. 7/24/2019.
Acts 1989, No. 444, § 17; 1997, No. 950, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 96 - ARKANSAS LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION ACT (§§ 23-96-101 — 23-96-121) › Section 23-96-111 - Impaired insurers

If a member insurer is an impaired insurer, the Arkansas Life and Health Insurance Guaranty Association, in its discretion and subject to any conditions imposed by the association that do not impair the contractual obligations of the impaired insurer and that are approved by the Insurance Commissioner, may:
(1)
Guarantee, assume, reissue, or reinsure, or cause to be guaranteed, assumed, reissued, or reinsured, any or all of the policies or contracts of the impaired insurer; or
(2)
Provide the moneys, pledges, loans, notes, guarantees, or other means as are proper to effectuate subdivision (1) of this section and assure payment of the contractual obligations of the impaired insurer pending action under subdivision (1) of this section.
Amended by Act 2019, No. 520,§ 2, eff. 7/24/2019.
Acts 1989, No. 444, §§ 8, 11; 1997, No. 950, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 96 - ARKANSAS LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION ACT (§§ 23-96-101 — 23-96-121) › Section 23-96-112 - Insolvent insurers

(a)
If a member insurer is an insolvent insurer, the Arkansas Life and Health Insurance Guaranty Association, in its discretion, shall:
(1)
Do both of the following:
(A)
Guarantee, assume, reissue, or reinsure, or cause to be guaranteed, assumed, reissued, or reinsured, the policies or contracts of the insolvent insurer or assure payment of the contractual obligations of the insolvent insurer; and
(B)
Provide the moneys, pledges, loans, notes, guarantees, or other means as are reasonably necessary to discharge such duties; or
(2)
Provide benefits and coverages in accordance with §
23-96-113
.
(b)
(1)
All proceedings in which the insolvent insurer is a party in any court in this state shall be stayed sixty (60) days from the date an order of liquidation, rehabilitation, or conservation is final to permit proper legal action by the association on any matters germane to its powers or duties.
(2)
As to judgment under any decision, order, verdict, or finding based on default, the association may apply to have the judgment set aside by the same court that made the judgment and shall be permitted to defend against the suit on the merits.
Amended by Act 2019, No. 520,§ 2, eff. 7/24/2019.
Acts 1989, No. 444, §§ 8, 18; 1997, No. 950, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 96 - ARKANSAS LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION ACT (§§ 23-96-101 — 23-96-121) › Section 23-96-118 - Duties and powers of Insurance Commissioner

(a)
In addition to the duties and powers enumerated elsewhere in this chapter:
(1)
The Insurance Commissioner shall:
(A)
Upon request of the Board of Directors of the Arkansas Life and Health Insurance Guaranty Association, provide the Arkansas Life and Health Insurance Guaranty Association with a statement of the premiums in this and any other appropriate states for each member insurer;
(B)
(i)
When an impairment is declared and the amount of the impairment is determined, serve a demand upon the impaired insurer to make good the impairment within a reasonable time.
(ii)
Notice to the impaired insurer shall constitute notice to its shareholders, if any.
(iii)
The failure of the impaired insurer to promptly comply with such a demand shall not excuse the association from the performance of its powers and duties under this chapter; and
(C)
In any liquidation or rehabilitation proceeding involving a domestic member insurer, be appointed as the liquidator or rehabilitator; and
(2)
(A)
The commissioner may suspend or revoke, after notice and hearing, the certificate of authority to transact business in this state of any member insurer which fails to pay an assessment when due or fails to comply with the plan of operation.
(B)
(i)
As an alternative, the commissioner may levy a forfeiture on any member insurer that fails to pay an assessment when due.
(ii)
The forfeiture shall not exceed five percent (5%) of the unpaid assessment per month, but a forfeiture shall not be less than one hundred dollars ($100) per month.
(b)
(1)
A final action of the board or the association may be appealed to the commissioner by any member insurer if the appeal is taken within sixty (60) days of its receipt of notice of the final action's being appealed.
(2)
If a member company is appealing an assessment, the amount assessed shall be paid to the association and available to meet association obligations during the pendency of an appeal.
(3)
If the appeal on the assessment is upheld, the amount paid in error or excess shall be returned to the member insurer.
(4)
Any final action or order of the commissioner shall be subject to judicial review in a court of competent jurisdiction according to the laws of this state that apply to actions or orders of the commissioner.
(c)
If the association fails to act within a reasonable period of time as provided in §
23-96-112(a)
and §§
23-96-113
and
23-96-120
, the commissioner shall have the powers and duties of the association under this chapter with respect to impaired insurers or insolvent insurers.
Amended by Act 2019, No. 520,§ 2, eff. 7/24/2019.
Acts 1989, No. 444, §§ 8, 11; 1997, No. 950, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 96 - ARKANSAS LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION ACT (§§ 23-96-101 — 23-96-121) › Section 23-96-120 - Payment of premiums

(a)
Nonpayment of premiums within thirty-one (31) days after the date required under the terms of any guaranteed, assumed, alternative, or reissued policy or contract or substitute coverage shall terminate the Arkansas Life and Health Insurance Guaranty Association's obligations under the policy, contract, or coverage under this chapter with respect to the policy, contract, or coverage, except with respect to any claims incurred or any net cash surrender value which may be due under this chapter.
(b)
Premiums due for coverage after entry of an order of liquidation of an insolvent insurer shall belong to and be payable at the direction of the association, and the association shall be liable for unearned premiums due to policy owners or contract owners arising after the entry of the order.
Amended by Act 2019, No. 520,§ 2, eff. 7/24/2019.
Acts 1989, No. 444, § 8; 1997, No. 950, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 96 - ARKANSAS LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION ACT (§§ 23-96-101 — 23-96-121) › Section 23-96-121 - Reissuance of terminated coverage

(a)
If the Arkansas Life and Health Insurance Guaranty Association elects to reissue terminated coverage at a premium rate different from that charged under the terminated policy or contract, the premium shall be actuarially justified and set by the association according to the amount of insurance or coverage provided and the age and class of risk, subject to prior approval of the Insurance Commissioner.
(b)
The association's obligations with respect to coverage under any policy or contract of the impaired insurer or insolvent insurer or under any reissued or alternative policy or contract shall cease on the date the coverage or policy or contract is replaced by another similar policy or contract by the policy or contract owner, the insured, the enrollee, or the association.
Amended by Act 2019, No. 520,§ 2, eff. 7/24/2019.
Acts 1989, No. 444, § 8; 1997, No. 950, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 97 - LONG-TERM CARE INSURANCE (§§ 23-97-201 — 23-97-321) › Subchapter 3 - LONG-TERM CARE INSURANCE ACT OF 2005 (§§ 23-97-301 — 23-97-321) › Section 23-97-301 - Short title

This subchapter shall be known and may be cited as the "Long-Term Care Insurance Act of 2005".
Acts 2005, No. 1697, § 31.
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 97 - LONG-TERM CARE INSURANCE (§§ 23-97-201 — 23-97-321) › Subchapter 3 - LONG-TERM CARE INSURANCE ACT OF 2005 (§§ 23-97-301 — 23-97-321) › Section 23-97-302 - Purpose

The purpose of this subchapter is to:
(1)
Promote the public interest;
(2)
Promote the availability of long-term care insurance policies;
(3)
Protect applicants for long-term care insurance from unfair or deceptive sales or enrollment practices;
(4)
Establish standards for long-term care insurance;
(5)
Facilitate public understanding and comparison of long-term care insurance policies; and
(6)
Facilitate flexibility and innovation in the development of long-term care insurance coverage.
Acts 2005, No. 1697, § 31.
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 97 - LONG-TERM CARE INSURANCE (§§ 23-97-201 — 23-97-321) › Subchapter 3 - LONG-TERM CARE INSURANCE ACT OF 2005 (§§ 23-97-301 — 23-97-321) › Section 23-97-303 - Scope

(a)
The requirements of this subchapter apply to policies delivered or issued for delivery in this state on or after August 12, 2005.
(b)
Except as provided in subsection (c) of this section, this subchapter is not intended to supersede the obligations to comply with other applicable insurance laws that do not conflict with this subchapter.
(c)
Laws and rules designed and intended to apply to Medicare supplement insurance policies shall not be applied to long-term care insurance.
Amended by Act 2019, No. 315,§ 2789, eff. 7/24/2019.
Acts 2005, No. 1697, § 31.
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 97 - LONG-TERM CARE INSURANCE (§§ 23-97-201 — 23-97-321) › Subchapter 3 - LONG-TERM CARE INSURANCE ACT OF 2005 (§§ 23-97-301 — 23-97-321) › Section 23-97-305 - Requirements for associations

(a)
Prior to advertising, marketing, or offering a policy within this state, an association or the insurer of the association shall file evidence with the Insurance Commissioner that the association has:
(1)
A minimum of one hundred (100) persons;
(2)
Been organized and maintained in good faith for purposes other than that of obtaining insurance;
(3)
Been in active existence for at least one (1) year; and
(4)
Had a constitution and bylaws providing that:
(A)
The association holds regular meetings not less than annually to further purposes of the members;
(B)
Except for credit unions, the association collects dues or solicits contributions from members; and
(C)
The members have voting privileges and representation on the governing board and committees.
(b)
Thirty (30) days after the filing, the association or associations will be deemed to satisfy the organizational requirements unless the commissioner makes a finding that the association or associations do not satisfy those organizational requirements.
Acts 2005, No. 1697, § 31.