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Arkansas Administrative Code › Agency 049 - Health Services Permit Agency › Rule 049.00.09-005 - HSC Regulation 100M: Home Health Methodology

Current through Register Vol. 49, No. 6, June, 2024
HSC Regulation 100M Nursing Home Bed Methodology
			 (12/08)
DEFINITIONS
:
*
The term "Licensed Beds" means the bed count as
			 reflected on the current license issued by the Department of Human Services,
			 Office of Long-Term Care.
*
The term "Beds in Transition" means beds that
			 originate from a licensed facility and are being transferred or moved to a new,
			 existing or replacement facility in a different county and are awaiting final
			 licensing of new construction. For purposes of projected need and the awarding
			 of additional beds, the Beds in Transition shall not be considered licensed
			 beds in the county into which they are being moved until the beds become
			 licensed in that county.
I.
POPULATION BASED METHODOLOGY (PROJECTED TO 2014)
A. Population Based Methodology calculates
		  the projected nursing home bed need using estimated population data for four
		  age groups (see below) for a service area (county)
Need is projected five
		  (5) years forward from the current State Fiscal Year using the most recent data
		  available from the UALR Institute of Economic Advancement. No change from
		  original. Last sentence reworded to mirror language in ALF Population Based
		  Methodology.
AGE GROUP BEDS PER 1000 POPULATION
Below 65
.7
65 to 74
10.0
75 to 84
39.3
85 and above
160.0
B.
Occupancy Requirement.
In order to
		  qualify for issuance of a Permit of Approval for additional beds in the county
		  under the Population Based Need Methodology, counties which have a projected
		  net
"need" under this section must have had an average overall occupancy
		  of at least 80% for the most recently available occupancy as reported by
		  DHS.
[Moved from original Section
		  I, Paragraph 2].
C.
Exceeding Projected Net Need.
The Agency may exceed the projected
net
"need" when
		  the
projected net
"need" is less than 10 beds in order to approve
		  one applicant for a 10 bed increase (i.e., the 10 beds would not be spread over
		  two (2) or more applicants).
[Moved from original Section
		  I, B.]
D.
Exception to Occupancy
		  Requirement
.
The Commission may disregard the overall
		  county occupancy one time in order to approve a 70 bed facility in a county
		  where the projected need for the county exceeds the "existing" (i.e., licensed
		  and approved) beds by 250 or more beds.
[Moved from original Section
		  I, C.].
Arkansas Administrative Code › Agency 049 - Health Services Permit Agency › Rule 049.00.09-006 - Nursing Home Renovation Threshold Increase

Current through Register Vol. 49, No. 6, June, 2024
SECTION
		  III. SCOPE OF REVIEW
The Agency (under the direction of the Commission or appropriate
			 Court) will issue, deny or withdraw Permits of Approval. Using the Commission's
			 rules and procedures, the Agency may exempt appropriate projects from review.
			 Each recommendation of the Agency must be based on the completed application
			 and its relationship to adopted standards and criteria. Each review decision of
			 the Commission must be consistent with adopted standards, criteria and the
			 record of the review.
A. PROJECTS
		  REQUIRING PERMIT OF APPROVAL REVIEW INCLUDE BUT ARE NOT LIMITED TO:
1. Nursing Home Construction
All proposals for conversion of services or alteration or
			 renovation or construction having an associated capital expenditure of
			 $1,000,000 or more.
2.
		  Additional Beds
Unless exempted by the Act or by the Commission, all health
			 facilities seeking to add new Long Term Care (LTC) beds or otherwise expand LTC
			 bed capacity shall apply for a Permit of Approval.
3. Home Health Services
Unless exempted by the Act or by the Commission, all health
			 facilities seeking to add home health services or expands existing home health
			 service areas shall apply for a Permit of Approval. This includes changes in
			 license designation.
4.
		  Hospice
Unless exempted by statute or by the Commission, all hospices or
			 hospice programs shall apply for a Permit of Approval.
5. Cost Overrun
Any increase in cost in an approved project or cost of renovation
			 or construction or alteration of a health facility is deemed a cost overrun and
			 must be documented and filed with the agency. (During the course of review, the
			 reasonableness of the proposed capital expenditure will be evaluated. A
			 reasonable contingency cost in anticipation of a possible increase in cost due
			 to inflation or other unforeseen factors will be allowed as part of the
			 proposed capital expenditure).
Arkansas Administrative Code › Agency 049 - Health Services Permit Agency › Rule 049.00.09-007 - POA Application Fee Increase

Current through Register Vol. 49, No. 6, June, 2024
B. The
		  Application/Review Process
The following are the steps of the application process. Each step
			 must be completed before a decision on the project can be rendered.
1. Application Form. The appropriate
		  application forms must be obtained from the Agency.
2. Pre-application conference/technical
		  assistance. If needed, a meeting will be scheduled at the request of the
		  applicant between the applicant and an Agency representative. The meeting is to
		  assist the applicant and to provide guidance in the preparation of the
		  application.
3. Submission of the
		  Application and Appropriate Review Fee. The applicant is responsible for the
		  timely submission to the Agency of an original and one (1) copy of a completed
		  application and the review fee. The application must be signed in blue ink. The
		  review fee is 1,500 for all reviews. In the event that an application decision
		  results in a hearing before the Commission, the requesting party will be
		  charged the prevailing agency cost per page to cover the cost for the
		  additional copies required for the hearing.
Arkansas Administrative Code › Agency 049 - Health Services Permit Agency › Rule 049.00.16-001 - HSC Regulation 100M Nursing Facility Bed Methodology

Current through Register Vol. 49, No. 6, June, 2024
HEALTH SERVICES PERMIT AGENCY
HSC REGULATION 100M NURSING FACILITY BED
			 METHODOLOGY
DEFINITIONS
:
* The term "Licensed Beds" means the bed count as reflected on
			 the current license issued by the Department of Human Services, Office of
			 Long-Term Care.
* The term "Beds in Transition" means beds that originate from a
			 licensed facility and are being transferred or moved to a new, existing or
			 replacement facility in a different county and are awaiting final licensing of
			 new construction. For purposes of projected need and the awarding of additional
			 beds, the Beds in Transition shall not be considered licensed beds in the
			 county into which they are being moved until the beds become licensed in that
			 county.
I.
POPULATION BASED
		  METHODOLOGY
A. Population Based
		  Methodology calculates the projected nursing facility bed need using estimated
		  population data for four age groups (see below) for a service area (county).
		  Need is projected five years forward using the most recent census data
		  available from the UALR Institute of Economic Advancement and is reflected in
		  the current published Bed Need Book.
AGE GROUP BEDS PER 1000 POPULATION
Below 65
0.7
65 to 74
10.0
75 to 84
39.3
85 and above
160.0
B.
		  Occupancy Requirement. In order to qualify for issuance of a Permit of Approval
		  for additional beds in the county under the Population Based Need Methodology,
		  counties which have a projected net "need" under this section must have had an
		  average overall occupancy of at least 93% for the most recently available
		  occupancy as reported by DHS and as reflected in the current quarterly
		  published Bed Need Book.
Arkansas Administrative Code › Agency 049 - Health Services Permit Agency › Rule 049.00.90-002 - Permit of Approval

Current through Register Vol. 49, No. 6, June, 2024
Health Services Commission Policies and Procedures for
PERMIT OF APPROVAL REVIEW
Modifications.Subject to Review:
A modification, in a previously approved project, that does not
			 add beds and merely replaces existing beds with new construction and that the
			 Agency has determined meets the Commission's criteria and standards shall be
			 eligible for an expedited review.
Arkansas Administrative Code › Agency 049 - Health Services Permit Agency › Rule 049.00.91-002 - Residential Care Facilities

Current through Register Vol. 49, No. 6, June, 2024
PERMANENT RULE on RESIDENTIAL CARE FACILITIES
The six (6) month moratorum on the acceptance of the Permit of
			 Approval application for Residentail Care Facilities (RCFs) has been extanded
			 for an additional six months.
Arkansas Administrative Code › Agency 049 - Health Services Permit Agency › Rule 049.00.93-002 - Extension of Moratorium on Permit of Approval Applications

Current through Register Vol. 49, No. 6, June, 2024
ARKANSAS HEALTH SERVICES COMMISSION
Rule on
EXTENSION OF MORATORIUM ON PERMIT OF APPROVAL APPLICATIONS
"A moratorium is hereby in effect until October 1, 1993 on the
			 acceptance of Permit of Approval Applications by the Health Services Agency.
			 The moratorium includes, but is not limited to, applications that involve
			 additional beds not previously approved by the Commission or any application
			 for a new facility/service which is subject to the Commission's review
			 authority. The moratorium does not include construction solely necessary for
			 modernization, life safety code compliance, the mere replacement of older
			 facilities, or the movement of previously approved beds."
Arkansas Administrative Code › Agency 049 - Health Services Permit Agency › Rule 049.00.93-003 - Extension of Moratorium on Permit of Approval Applications

Current through Register Vol. 49, No. 6, June, 2024
ARKANSAS HEALTH SERVICES COMMISSION
Rule on
EXTENSION OF MORATORIUM ON PERMIT OF APPROVAL APPLICATIONS
"There shall be a moratorium on the acceptance of Permit of
			 Approval Applications by the Health Services Agency until April 1, 1994. The
			 moratorium includes, but is not limited to, applications that involve
			 additional beds not previously approved by the Commission or any application
			 for a new facility/service which is subject to the Commission's review
			 authority. The moratorium does not include construction solely necessary for
			 modernization, life safety code compliance, the mere replacement of older
			 facilities, or the movement of previously approved beds."
Arkansas Administrative Code › Agency 049 - Health Services Permit Agency › Rule 049.00.94-002 - Requirement of Parties that Implemented Permits of Approval

Current through Register Vol. 49, No. 6, June, 2024
HEALTH SERVICES COMMISSION
Permanent Rule
As authorized by Act 593 of 1987, as amended, the Commission
			 proposes to require parties that implemented Permits of Approval by signing
			 financing agreements to sign by October 1, 1994 a construction contract. The
			 construction contract shall specify that the foundation for the facility will
			 be completed within six (6) months of the signing of the contract and that the
			 facility will be completed within IS months from the date of the signing. An
			 application for licensure of the beds contained in the new construction must be
			 made within 18 months from the date of the signing of the construction
			 contract.
Arkansas Administrative Code › Agency 049 - Health Services Permit Agency › Rule 049.00.94-003 - Delay in Requirement of Section VI. A(2) of Permit of Approval for Residential Care Facilities Only

Current through Register Vol. 49, No. 6, June, 2024
HEALTH SERVICES COMMISSION
Permanent Rule
As authorized by Act 593 of 1987, as amended, the Commission
			 proposes to delay until December 31,1994 the requirement of Section
			 VI. A(2) of the Commission's
			 Procedures regarding the implementation of a Permit of Approval for Residential
			 Care Facilities (RCF) only. This required parties with signed construction
			 contracts to complete the RCF's foundation by May 4, 1994.
Arkansas Administrative Code › Agency 049 - Health Services Permit Agency › Rule 049.00.95-001 - Maximum Size Requirement for Residential Care Facilities

Current through Register Vol. 49, No. 6, June, 2024
ARKANSAS HEALTH SERVICES COMMISSION
Change to Existing Rule
Subject:: Maximum Size Requirement for Residential Care
			 Facilities
TV.C.2) of the Commission's methodology on Residential Care
			 Facilities is hereby deleted. Specifically, this removes the maximum size
			 limitation of 60 beds.
Arkansas Administrative Code › Agency 049 - Health Services Permit Agency › Rule 049.00.98-005 - Child Health Management Services (CHMS) Methodology rule HSC Regulation 400M and Health Services Commission Policies and Procedures (11/98) filed 12/29/98 - both policies RECINDED (Appealed) 1/13/99 (Repealed)

Current through Register Vol. 49, No. 6, June, 2024
Arkansas Administrative Code › Agency 050 - Board of Hearing Instrument Dispensers › Rule 050.00.05-001 - Rules regarding contact information, surety bond requirements, examination content and review, intern training procedures, license renewal, standards of practice and unethical contact

Current through Register Vol. 49, No. 6, June, 2024
AMENDED RULES
ARTICLE I.
Description
Section 1. The Act establishing the Arkansas Board of Hearing Instrument Dispensers provides for examination and licensing of persons who fit and dispense hearing instruments in the State of Arkansas.
Section 2. Information regarding this Board may be obtained by writing the Board's Executive Director.
Arkansas Administrative Code › Agency 050 - Board of Hearing Instrument Dispensers › Rule 050.00.10-001 - Rules and Regulation

Current through Register Vol. 49, No. 6, June, 2024
Pursuant to Act 197 of the Acts of Arkansas of 1969, as amended by Act 46 of 1991, Act 1342 of 1995, Act 731 of 1997, Act 592 of 1999, Act 290 of 2001, and Act 428 of 2007 the Arkansas Board of Hearing Instrument Dispensers, promulgates and adopts the following rules and regulations concerning official action by the Board in the regulation of the practice of fitting and dispensing hearing instruments in the State of Arkansas.
ARTICLE I.
Description
Section 1. The Act establishing the Arkansas Board of Hearing Instrument Dispensers provides for examination and licensing of persons who fit and dispense hearing instruments in the State of Arkansas.
Section 2. Information regarding this Board may be obtained by writing the Board's Executive Director at 1020 Davis Street, Conway, AR 72034.
Arkansas Administrative Code › Agency 050 - Board of Hearing Instrument Dispensers › Rule 050.00.23-001 - Rules for the Board of Hearing Instrument Dispensers

Current through Register Vol. 49, No. 6, June, 2024
ARTICLE
  I.
Description
Section
  1. The Act establishing the Arkansas Board of Hearing Instrument
  Dispensers provides for examination and licensing of persons who fit and
  dispense hearing instruments in the State of Arkansas.
Section 2. Information regarding this Board
  may be obtained by accessing the board's website.
Arkansas Administrative Code › Agency 054 - Arkansas Insurance Department › Rule 054.00.05-003 - Rule 27: Minimum Standards for Medicare Supplement Policies

Current through Register Vol. 49, No. 6, June, 2024
SECTION 1.
PURPOSE.
The purpose of this rule is to provide for the reasonable
			 standardization of coverage and simplification of terms and benefits of
			 Medicare supplement policies; to facilitate public understanding and comparison
			 of such policies; to eliminate provisions contained in such policies which may
			 be misleading or confusing in connection with the purchase of such policies or
			 with the settlement of claims; and to provide for full disclosures in the sale
			 of accident and health insurance coverages to persons eligible for
			 Medicare.
SECTION 2.
AUTHORITY.
This rule is issued pursuant to the authority vested in the
			 Commissioner under Act 72 of 1991 (First Extraordinary Session), Ark. Code Ann.
			 §
								23-61-108,
			 §
								23-66-201 through §
								23-66-214,
			 §§
								23-66-301,
			 et seq., §
								23-79-109,
			 §
								23-79-110,
			 §
								23-85-105,
			 § 23-74-122, §
								23-75-111,
			 §
								23-76-125 and
			 §§
								25-15-202,
			 et seq., known as the Arkansas Administrative Procedure Act, and
			 Public
			 Law 101-508.
SECTION 3.
APPLICABILITY AND
		  SCOPE.
A. Except as otherwise
		  specifically provided in Sections 7, 13, 14, 17 and 22, this rule shall apply
		  to:
(1) All Medicare supplement policies
		  delivered or issued for delivery in this State on or after the effective date
		  of this rule; and
(2) All
		  certificates issued under group Medicare supplement policies which certificates
		  have been delivered or issued for delivery in this State.
Arkansas Administrative Code › Agency 054 - Arkansas Insurance Department › Rule 054.00.05-005 - Rule 19 - Unfair Sex Discrimination in the Sale of Insurance

Current through Register Vol. 49, No. 6, June, 2024
SECTION 1.
PURPOSE
The purpose of this rule is to eliminate the act of denying
			 benefits or coverage on the basis of sex or marital status in the terms and
			 conditions of insurance contracts and in the underwriting criteria of insurance
			 carriers. This rule is directed at eliminating two forms of discrimination:
(1) overt discrimination which is the
		  act of explicitly and intentionally denying benefits of coverage on the basis
		  of sex,
(2) disparate treatment of
		  the sexes, which is the practice of applying different rules for each sex when
		  the same situation prevails.
Arkansas Administrative Code › Agency 054 - Arkansas Insurance Department › Rule 054.00.05-006 - Rule 85: Recoupment

Current through Register Vol. 49, No. 6, June, 2024
Section 1.
		  Authority
This regulation is issued under the authority of Ark. Code Ann.
			 §§
								23-61-108,
			 23-63-1806,
			 25-15-201,
etseq.,
and any other applicable laws.
Section 2. Definitions
a. "Covered person" means a person on whose
		  behalf a health care insurer offering health insurance coverage is obligated to
		  pay benefits or provide services.
b. "Health care insurer" means an entity
		  subject to the insurance laws of this state or the jurisdiction of the
		  Insurance Commissioner that contracts or offers to contract to provide health
		  insurance coverage, including, but not limited to, an insurance company, a
		  health maintenance organization, or a hospital medical service
		  corporation.
c. "Health care
		  provider" means any person or entity providing:
(1) Medical, pharmacy, optometric, or dental
		  care;
(2) Hospitalization;
		  or
(3) Any other services and goods
		  used for the purpose or incidental to the purpose of preventing, alleviating,
		  curing, or healing human illness or injury.
d.
(1)
		  "Health insurance coverage" means benefits consisting of medical, pharmacy,
		  optometric, or dental care, hospitalization, or other goods or services for the
		  purpose of preventing, alleviating, curing, or healing human illness provided,
		  directly or indirectly, through insurance, reimbursement, or otherwise,
		  including items and services paid for under any policy, certificate, or
		  agreement offered by a health care insurer.
(2) "Health insurance coverage" does not
		  include policies or certificates covering only accident, credit, disability
		  income, long-term care, hospital indemnity, Medicare supplemental policy as
		  defined in
		  42
		  U.S.C. §
										1395ss(g)(1),
		  a specified disease, other limited benefit health insurance, automobile medical
		  payment insurance, or claims under the Workers' Compensation Law, §
									11-9-101
et seq.,
Public Employees Workers' Compensation Act, §
									21-5-601
et seq.,
or the Arkansas Comprehensive Health Insurance Pool
		  Act, §
									23-79-501
et seq.
e. "Recoupment" means any action or attempt
		  by a health care insurer to recover or collect payments already made to a
		  health care provider with respect to a claim:
(1) By reducing other payments currently owed
		  to the health care provider;
(2) By
		  withholding or setting off the amount against current or future payments to the
		  health care provider;
(3) By
		  demanding payment back from a health care provider for a claim already paid;
		  or
(4) In any other manner that
		  reduces or affects the future claim payments to the health care
		  provider.
Arkansas Administrative Code › Agency 054 - Arkansas Insurance Department › Rule 054.00.05-007 - Rule 13: Long-Term Care Insurance

Current through Register Vol. 49, No. 6, June, 2024
Section
		  1. Purpose
The purpose of this Rule is to implement Arkansas Code Annotated
			 §
								23-97-301
			 et seq., to promote the public interest, to promote the availability of
			 long-term care insurance coverage, to protect applicants for long-term care
			 insurance, as defined, from unfair or deceptive sales or enrollment practices,
			 to facilitate public understanding and comparison of long-term care insurance
			 coverages, and to facilitate flexibility and innovation in the development of
			 long-term care insurance.
Section
		  2. Authority
This rule is issued pursuant to the authority vested in the
			 Commissioner under Arkansas Code Annotated §§
								23-97-307(a),
			 23-97-310(a),
			 23-97-320,
			 23-61-108, and
			 25-15-201 et
			 seq.
Section 3.
		  Applicability and Scope
Except as otherwise specifically provided, this rule applies to
			 all long-term care insurance policies, including qualified long-term care
			 contracts and life insurance policies that accelerate benefits for long-term
			 care delivered or issued for delivery in this state on or after the effective
			 date by insurers; fraternal benefit societies; nonprofit health, hospital and
			 medical service corporations; prepaid health plans; health maintenance
			 organizations and all similar organizations. Certain provisions of this rule
			 apply only to qualified long-term care insurance contracts as noted.
Section 4. Definitions
For the purpose of this rule, the terms "long-term care
			 insurance," "qualified long-term care insurance," "group long-term care
			 insurance," "commissioner," "applicant," "policy" and "certificate" shall have
			 the meanings set forth in Arkansas Code Annotated §
								23-97-304.
			 In addition, the following definitions apply.
A.
(1)
		  "Exceptional increase" means only those increases filed by an insurer as
		  exceptional for which the commissioner determines the need for the premium rate
		  increase is justified:
(a) Due to changes in
		  laws or rules applicable to long-term care coverage in this state; or
(b) Due to increased and unexpected
		  utilization that affects the majority of insurers of similar
		  products.
Arkansas Administrative Code › Agency 054 - Arkansas Insurance Department › Rule 054.00.06-001 - Rule 31 - Educational Requirements for Insurance Producers

Current through Register Vol. 49, No. 6, June, 2024
SECTION 1. PURPOSE
The purpose of this Rule ("Rule") is to implement Act 534 of
			 1983, as amended, and Ark. Code Ann. §
								23-64-202(b)(2),
			 as amended by Act 1948 of 2005, by establishing curricula for courses of
			 instruction required to be completed by applicants seeking insurance producer
			 licenses in Arkansas, to establish criteria for approval of course providers of
			 the courses of instruction, and to establish a mechanism of examination and
			 review of the performance and quality of the instruction.
SECTION 2. AUTHORITY
This Rule is used pursuant to the authority vested in the
			 Commissioner under Ark. Code Ann. Sections
			 23-61-108,
			 §
								23-74-609(a),
			 §
								23-75-102(5),
			 §
								23-76-120(a),
			 §§
								25-15-202,
			 et seq., and Act 534 of 1983, as amended, and codified as Sections
			 23-64-201,
			 et seq., and §§
								23-64-501,
			 et seq.; and §§
								23-64-202,
			 as amended by Act 1948 of 2005.
SECTION
		  3. APPLICABILITY AND SCOPE
I.
		  Applicability.
A. This Rule shall apply to
		  insurance producers, including original license applicants or
		  currently-licensed applicants seeking an additional line of authority, which
		  for purposes of this Rule shall be deemed to include all who are referred to
		  collectively as insurance producers ("producers") under the Producer License
		  Model Act ("PLMA"), Ark. Code Ann. §§
									23-64-501,
		  et seq.
B. This Rule shall also
		  apply to:
1. all applicants seeking a license
		  as an insurance producer;
2. all
		  applicants seeking a license as a health maintenance organization ("HMO")
		  producer, or as a producer for a limited benefit health maintenance
		  organization, except those specifically exempted pursuant to the provisions of
		  Arkansas law. This Rule is intended to complement the provisions of Rule 35,
		  "Agent License for Health Maintenance Organizations", but is not intended to
		  supersede it;
3. all applicants
		  seeking a license as a fraternal benefit society producer, except those
		  specifically exempted pursuant to the provisions of Arkansas law;
4. all applicants seeking a license as a
		  producer for a hospital or medical service corporation; and
5. all applicants who are producers from
		  another state, and who are not licensed as a producer under the Producer
		  License Model Act, shall be required to comply with this Rule in order to
		  secure any new resident or non-resident producer license.
Arkansas Administrative Code › Agency 054 - Arkansas Insurance Department › Rule 054.00.06-002 - Rule 50 - Producers Continuing Education

Current through Register Vol. 49, No. 6, June, 2024
SECTION 1.
PURPOSE
The purpose of this Rule is to establish requirements and
			 standards for continuing education for natural persons licensed as insurance
			 producers by the Commissioner.
SECTION
		  2.
AUTHORITY
This Rule is issued under the authority vested in the
			 Commissioner of Insurance ("Commissioner") by Ark. Code Ann. §
								23-61-108, and
			 the Arkansas Administrative Procedure Act, codified at Ark. Code Ann.
			 §§
								25-15-201, et
			 seq., and Ark. Code Ann. §
								23-64-304(a),
			 as amended by Act 1203 of 2003 and Act 1697 of 2005.
SECTION 3.
EFFECTIVE DATE AND
		  APPLICABILITY
This Rule shall be effective May 1, 2006, and shall be applicable
			 to those persons licensed to act as an insurance producer, who must comply with
			 Ark. Code Ann. §§
								23-64-301,
			 et seq., for the sale of the following types of insurance:
A. Life, and/or accident and health and
		  sickness (A & H) insurance.
B.
		  Property and/or casualty insurance.
C. Personal lines.
Arkansas Administrative Code › Agency 054 - Arkansas Insurance Department › Rule 054.00.06-007 - Rule 86 - Health Care Provider Listing Under Any Willing Provider

Current through Register Vol. 49, No. 6, June, 2024
SECTION 1.
PURPOSE
The purpose of this Rule is to implement Ark. Code Ann. §
								23-99-802(4)(DD)
			 which permits the Arkansas Insurance Department to add by regulation "other
			 health care practitioners" who may be entitled to participate in health benefit
			 plans under Ark. Code Ann. §
								23-99-201.
			 et seq. and Ark. Code Ann. §
								23-99-801,
			 et seq. (otherwise known as the "Any Willing Provider Law").
SECTION 2.
HEALTH CARE PROVIDERS
The following "other health care practitioners" shall be entitled
			 to participate in health benefit plans under the Any Willing Provider Law, in
			 addition to the health care providers listed in Ark. Code Ann. §
								23-99-203(d)
			 and §
								23-99-802(4),
			 to the extent that the specific health care service is offered or covered in
			 the health benefit plan in the manner specified in the health benefit plan of
			 that insured or beneficiary:
(1)
		  Non-hospital based medical facilities providing clinical diagnostic services
		  for sleep disorders;
(2)
		  Non-hospital based medical facilities providing magnetic resonance imaging,
		  computed axial tomography, or other imaging diagnostic testing.
Arkansas Administrative Code › Agency 054 - Arkansas Insurance Department › Rule 054.00.07-002 - Rule 25: Annual Audited Financial Reports

Current through Register Vol. 49, No. 6, June, 2024
SECTION 1. AUTHORITY
This Rule is promulgated by the Commissioner pursuant to the
			 authority vested in the Commissioner under Arkansas Code Annotated §§
								23-61-108,
			 23-63-216,
			 23-71-103,
			 23-72-103,
			 23-74-602 and
			 25-15-201, et
			 seq.
SECTION 2. PURPOSE AND
		  SCOPE
The purpose of this Rule is to improve the Arkansas Insurance
			 Department's surveillance of the financial condition of insurers by requiring
			 an annual examination by independent certified public accountants of the
			 financial statements reporting the financial position and the results of
			 operations of insurers.
Every insurer as defined in Section 3 shall be subject to this
			 Rule. Insurers having direct premiums written in this state of less than
			 $1,000,000 in any calendar year, and less than 1,000 policyholders or
			 certificate holders of direct written policies nationwide at the end of such
			 calendar year shall be exempt from this Rule for such year, unless the
			 Commissioner makes a specific finding that compliance is necessary for the
			 Commissioner to carry out statutory responsibilities; except that insurers
			 having assumed premiums pursuant to contracts and/or treaties of reinsurance of
			 $1,000,000 or more will not be so exempt.
Foreign or alien insurers filing Audited Financial Reports in
			 another state, pursuant to such other state's requirement of Audited Financial
			 Reports which has been found by the Commissioner to be substantially similar to
			 the requirements herein, are exempt from this Rule if:
A. A copy of the Audited Financial Report,
		  Report on Significant Deficiencies in Internal Controls, and the Accountant's
		  Letter of Qualifications which are filed with such other state are filed with
		  the Commissioner in accordance with the filing dates specified in Sections 4,
		  11 and 12, respectively. Canadian insurers may submit accountants' reports as
		  filed with the Canadian Dominion Department of Insurance; and
B. A copy of any Notification of Adverse
		  Financial Condition Report filed with such other state is filed with the
		  Commissioner within the time specified in Section 10.
This Rule shall not prohibit, preclude or in any way limit the
			 Commissioner from ordering and/or conducting and/or performing examinations of
			 insurers under Arkansas Code Annotated §§
									23-61-201
			 et seq.
Arkansas Administrative Code › Agency 054 - Arkansas Insurance Department › Rule 054.00.07-003 - Rule 87: Title Insurance

Current through Register Vol. 49, No. 6, June, 2024
SECTION
		  1.
PURPOSE
The purpose of this Rule is to implement Act 684 of 2007 (the
			 "Arkansas Title Insurance Act") and to set the standards and guidelines for
			 applicants seeking Title Insurance Agent licenses in the State of
			 Arkansas.
SECTION 2.
AUTHORITY
The authority for this Rule is power given to the Insurance
			 Commissioner for the State of Arkansas by Act 684 of 2007 (the "Arkansas Title
			 Insurance Act"), and other applicable laws.
SECTION 3.
APPLICABILITY AND
		  SCOPE
A. This Rule shall apply to all
		  applicants seeking a title insurance agent or agency license under the Arkansas
		  Title Insurance Act, Ark. Code Ann. §§
								23-103-401
		  etseq.
B. This Rule shall apply to
		  title insurance agents or agencies previously licensed pursuant to the repealed
		  Arkansas Title Insurance Agents' Licensing Act, §§ 23-103-101 et seq.
		  who continue to meet all the residency and other requirements of the Arkansas
		  Title Insurance Act and this Rule, effective January 1, 2008.
C. This Rule shall apply to title insurers,
		  title insurance agents, and title insurance agencies.
D. The following are exempt from this Rule:
(1) In accordance with Ark. Code Ann. §
									23-103-402(11)(B),
		  an individual employed by a licensee under the Arkansas Title Insurance Act who
		  does not sell or negotiate title insurance, but performs marketing duties
		  directed to depository institutions or licensed real estate brokers and agents
		  on behalf and under the direction of such licensee;
(2) In accordance with Ark. Code Ann. §
									23-103-402(11)(B),
		  an individual employed by a resident licensee under the Arkansas Title
		  Insurance Act who is a closing agent and does not solicit, sell, or negotiate
		  title insurance; and
(3) Those not
		  required to have a license under the Arkansas Title Insurance Act.
Arkansas Administrative Code › Agency 054 - Arkansas Insurance Department › Rule 054.00.07-004 - Rule 88: Title Insurance Licensing and Appointment Fees

Current through Register Vol. 49, No. 6, June, 2024
SECTION 1.
PURPOSE
The purpose of this Rule is to implement and clarify the
			 pertinent fees of Act 684 of 2007 (the "Arkansas Title Insurance Act") and
			 Arkansas Insurance Department Rule 87 "Title Insurance" and to set the fee
			 standards and guidelines for applicants seeking Title Insurance Agent and
			 Agency licenses in the State of Arkansas.
SECTION 2.
AUTHORITY
The authority for this Rule is power given to the Insurance
			 Commissioner for the State of Arkansas by the Arkansas Title Insurance Act,
			 provisions of Ark. Code Ann. §§
								23-61-701 et
			 seq., §
								23-61-108,
			 §§
								25-15-201 et
			 seq., and other applicable Arkansas laws.
SECTION 3.
APPLICABILITY AND
		  SCOPE
A. This Rule shall apply to all
		  applicants seeking a title insurance agent or agency license under the Arkansas
		  Title Insurance Act, Ark. Code Ann. §§
								23-103-401 et
		  seq.
B. This Rule shall apply to
		  title insurance agents or agencies previously licensed pursuant to the repealed
		  Arkansas Title Insurance Agents' Licensing Act, §§ 23-103-101 et seq.
		  who continue to meet all the residency and other requirements of the Arkansas
		  Title Insurance Act and this Rule, effective January 1, 2008.
C. This Rule shall apply to title insurers,
		  title insurance agents, and title insurance agencies.
D. Those not required to have a license under
		  the Arkansas Title Insurance Act are exempt from this Rule.
Arkansas Administrative Code › Agency 054 - Arkansas Insurance Department › Rule 054.00.07-005 - Rule 92: Permitting the Recognition of Preferred Mortality Tables for Use in Determining Minimum Reserve Liabilities

Current through Register Vol. 49, No. 6, June, 2024
Section
		  1.
Authority
This rule is promulgated by the Arkansas Commissioner of
			 Insurance pursuant to Ark. Code Ann. §
								23-61-108, the
			 Standard Valuation Law for Life Insurance and Annuities, codified at Ark. Code
			 Ann. §§
								23-84-101,
et seq.,
and the Valuation of Life Insurance Model Regulation,
			 adopted as Rule and Regulation 47 of the Arkansas Insurance Department.
Section 2.
Purpose
The purpose of this rule is to recognize, permit, and prescribe
			 the use of mortality tables that reflect differences in mortality between
			 Preferred and Standard lives in determining minimum reserve liabilities in
			 accordance with the Standard Valuation Law for Life Insurance and Annuities,
			 codified at Ark. Code Ann. §§
								23-84-101,
et seq.,
and the Valuation of Life Insurance Model
			 Regulation, adopted as Rule and Regulation 47 of the Arkansas Insurance
			 Department.
Section 3.
Definitions
A. "2001 CSO
		  Mortality Table" means that mortality table, consisting of separate rates of
		  mortality for male and female lives, developed by the American Academy of
		  Actuaries CSO Task Force from the Valuation Basic Mortality Table developed by
		  the Society of Actuaries Individual Life Insurance Valuation Mortality Task
		  Force, and adopted by the NAIC in December 2002. The 2001 CSO Mortality Table
		  is included in the
Proceedings of the NAIC (2nd Quarter 2002)
and supplemented by the 2001 CSO Preferred Class Structure Mortality Table
		  defined below in Subsection B. Unless the context indicates otherwise, the
		  "2001 CSO Mortality Table" includes both the ultimate form of that table and
		  the select and ultimate form of that table and includes both the smoker and
		  nonsmoker mortality tables and the composite mortality tables. It also includes
		  both the age-nearest-birthday and age-last-birthday bases of the mortality
		  tables. Mortality tables in the 2001 CSO Mortality Table include the following:
(1) "2001 CSO Mortality Table (F)" means that
		  mortality table consisting of the rates of mortality for female lives from the
		  2001 CSO Mortality Table.
(2) "2001
		  CSO Mortality Table (M)" means that mortality table consisting of the rates of
		  mortality for male lives from the 2001 CSO Mortality Table.
(3) "Composite mortality tables" means
		  mortality tables with rates of mortality that do not distinguish between
		  smokers and nonsmokers.
(4) "Smoker
		  and nonsmoker mortality tables" means mortality tables with separate rates of
		  mortality for smokers and nonsmokers.
Arkansas Administrative Code › Agency 054 - Arkansas Insurance Department › Rule 054.00.07-006 - Rule 89: Military Sales Practices

Current through Register Vol. 49, No. 6, June, 2024
Section
		  1.
Purpose
A. The
		  purpose of this rule is to set forth standards to protect active duty service
		  members of the United States Armed Forces from dishonest and predatory
		  insurance sales practices by declaring certain identified practices to be
		  false, misleading, deceptive or unfair.
B. Nothing herein shall be construed to
		  establish or extinguish a private right of action for a violation of this
		  rule.
Arkansas Administrative Code › Agency 054 - Arkansas Insurance Department › Rule 054.00.08-001 - Rule 93: Noninsurance Subsidiary

Current through Register Vol. 49, No. 6, June, 2024
SECTION
		  1.
PURPOSE
The purpose of Rule 93 is to define the term "Noninsurance
			 Subsidiary," a term that was introduced in Section 11 of Act 496 of 2007
			 without definition. Section 11 is codified at Ark. Code Ann. §
								23-63-818(c).
SECTION 2.
AUTHORITY
This Rule is issued under the authority vested in the
			 Commissioner by Ark. Code Ann. §
								23-61-108, the
			 Arkansas Administrative Procedure Act, codified at Ark. Code Ann. §§
								25-15-201 et
			 seq., and Ark. Code Ann. §
								23-63-818,
			 as amended by Act 496 of 2007. The information called for by this Rule is
			 hereby declared to be necessary and appropriate in the public interest and for
			 the protection of insurance consumers in this State.
SECTION 3.
DEFINITION OF "NONINSURANCE
		  SUBSIDIARY'
"Noninsurance subsidiary" means a corporation or other entity in
			 which an insurer has, directly or indirectly, a majority ownership, and such
			 corporation or other entity is not necessary and incidental to the convenient
			 operation of the insurer's insurance business, does not administer any of the
			 insurer's lawful investments, and is not subject to licensure by or
			 registration with the Commissioner.
SECTION 4.
SEVERABILITY
Any section or provision of this Rule held by the court to be
			 invalid or unconstitutional will not affect the validity of any other section
			 or provision.
SECTION 5.
EFFECTIVE DATE AND APPLICABILITY
The effective date of this Rule is May 15, 2008.
(signed by Julie Benafield Bowman)
___________________________
JULIE BENAFIELD BOWMAN
INSURANCE COMMISSIONER
STATE OF ARKANSAS
(April 14, 2008)
____________________
DATE
Arkansas Administrative Code › Agency 054 - Arkansas Insurance Department › Rule 054.00.08-002 - Rule 13: Long-Term Care Insurance

Current through Register Vol. 49, No. 6, June, 2024
Section
		  1.
Purpose
The purpose of this Rule is to implement Ark. Code Ann. §
								23-97-301
			 et seq., to promote the public interest, to promote the availability of
			 long-term care insurance coverage, to protect applicants for long-term care
			 insurance, as defined, from unfair or deceptive sales or enrollment practices,
			 to facilitate public understanding and comparison of long-term care insurance
			 coverages, and to facilitate flexibility and innovation in the development of
			 long-term care insurance.
Section
		  2.
Authority
This rule is issued pursuant to the authority vested in the
			 Commissioner under Ark. Code Ann. §§
								23-97-307(a),
			 23-97-310(a),
			 23-97-320,
			 23-61-108, and
			 25-15-201 et
			 seq.
Section 3.
Applicability and Scope
Except as otherwise specifically provided, this rule applies to
			 all long-term care insurance policies, including qualified long-term care
			 contracts and life insurance policies that accelerate benefits for long-term
			 care delivered or issued for delivery in this state on or after the effective
			 date by insurers; fraternal benefit societies; nonprofit health, hospital and
			 medical service corporations; prepaid health plans; health maintenance
			 organizations and all similar organizations. Certain provisions of this rule
			 apply only to qualified long-term care insurance contracts as noted.
Section 4.
Definitions
For the purpose of this rule, the terms "long-term care
			 insurance," "qualified long-term care insurance," "group long-term care
			 insurance," "Commissioner," "applicant," "policy" and "certificate" shall have
			 the meanings set forth in Ark. Code Ann. §
								23-97-304.
			 In addition, the following definitions apply.
A.
(1)
		  "Exceptional increase" means only those increases filed by an insurer as
		  exceptional for which the Commissioner determines the need for the premium rate
		  increase is justified:
(a) Due to changes in
		  laws or rules applicable to long-term care coverage in this state; or
(b) Due to increased and unexpected
		  utilization that affects the majority of insurers of similar
		  products.
Arkansas Administrative Code › Agency 054 - Arkansas Insurance Department › Rule 054.00.08-004 - Rule 64: Actuarial Opinion and Memorandum (Single-State)

Current through Register Vol. 49, No. 6, June, 2024
SECTION 1.
Purpose
The purpose of this Rule is to prescribe:
A. Guidelines and standards for statements of
		  actuarial opinion which are to be submitted in accordance with Ark. Code Ann.
		  §
								23-84-112(b),
		  and for memoranda in support thereof;
B. Guidelines and standards for statements of
		  actuarial opinion which are to be submitted when a company is exempt from Ark.
		  Code Ann. §
								23-84-112(b)
		  per Section 6 of this Rule; and
C.
		  Guidelines applicable to the appointment of an Appointed Actuary.
Arkansas Administrative Code › Agency 054 - Arkansas Insurance Department › Rule 054.00.08-005 - Rule 64A: Actuarial Opinion and Memorandum (Multi-State)

Current through Register Vol. 49, No. 6, June, 2024
Section 1.
Purpose
The purpose of this Rule is to prescribe:
A. Requirements for statements of actuarial
		  opinion that are to be submitted in accordance with Ark. Code Ann. §
								23-84-112,
		  and for memoranda in support thereof;
B. Rules applicable to the appointment of an
		  Appointed Actuary; and
C. Guidance
		  as to the meaning of "adequacy of reserves."
Arkansas Administrative Code › Agency 054 - Arkansas Insurance Department › Rule 054.00.08-006 - Rule 95: Minimum Standards For Reserves And Nonforfeiture Values In Preneed Funeral Life Insurance

Current through Register Vol. 49, No. 6, June, 2024
Section 1.
Authority
This Rule is promulgated and adopted by the Insurance
			 Commissioner for the State of Arkansas ("Commissioner") pursuant to Arkansas
			 Code Annotated §
								23-84-113 and
			 Arkansas Code Annotated §§
								23-40-108(d),
			 23-61-108 and
			 25-15-201, et
			 seq.
Section 2.
Scope
This Rule applies to preneed insurance as defined in Section 4(C)
			 in this Rule.
Section 3.
Purpose
The purpose of this regulation is to establish for prepaid
			 funeral contracts funded by life insurance minimum mortality standards for
			 reserves and nonforfeiture values, and to require the use of the 1980
			 Commissioners Standard Ordinary (CSO) Life Valuation Mortality Table for use in
			 determining the minimum standard of valuation of reserves and the minimum
			 standard nonforfeiture values for prepaid funeral contracts funded by life
			 insurance.
Section 4.
Definitions
A. The term "2001
		  CSO Mortality Table" means that mortality table, consisting of separate rates
		  of mortality for male and female lives, developed by the American Academy of
		  Actuaries CSO Task Force from the Valuation Basic Mortality Table developed by
		  the Society of Actuaries Individual Life Insurance Valuation Mortality Task
		  Force, and adopted by the NAIC in December 2002. The 2001 CSO Mortality Table
		  is included in the
Proceedings of the NAIC (2nd Quarter 2002)
.
		  Unless the context indicates otherwise, the "2001 CSO Mortality Table" includes
		  both the ultimate form of that table and the select and ultimate form of that
		  table and includes both the smoker and nonsmoker mortality tables and the
		  composite mortality tables. It also includes both the age-nearest-birthday and
		  age-last-birthday bases of the mortality tables.
B. The term "Ultimate 1980 CSO" means the
		  Commissioners' 1980 Standard Ordinary Life Valuation Mortality Tables (1980
		  CSO) without ten-year (10-year) selection factors, incorporated into the 1980
		  amendments to the NAIC Standard Valuation Law approved in December
		  1983.
C. For the purposes of this
		  Rule, preneed insurance is any life insurance policy or certificate that is
		  issued to fund a prepaid funeral contract as defined in Section 4(D) of this
		  Rule or any similar policy or contract written through or in connection with a
		  funeral home with the purpose of providing funds for final expenses and having
		  similar underwriting characteristics as preneed funeral contracts.
D. For the purposes of this Rule, a prepaid
		  funeral contract is a contract as defined in Ark. Code Ann. §
								23-40-103(10).
Arkansas Administrative Code › Agency 054 - Arkansas Insurance Department › Rule 054.00.09-005 - Amended Rule 87 - Title Insurance

Current through Register Vol. 49, No. 6, June, 2024
SECTION
		  1.
PURPOSE
The purpose of this Rule is to implement Act 684 of 2007 (the
			 "Arkansas Title Insurance Act"), as amended by Act 1190 of 2009, and to set the
			 standards and guidelines for applicants seeking Title Insurance Agent and
			 Agency licenses in the State of Arkansas.
SECTION 2.
AUTHORITY
The authority for this Rule is power given to the Insurance
			 Commissioner for the State of Arkansas by Act 684 of 2007 (the "Arkansas Title
			 Insurance Act"), as amended by Act 1190 of 2009, and other applicable
			 laws.
SECTION 3.
APPLICABILITY AND SCOPE
A. This
		  Rule shall apply to all applicants seeking a title insurance agent or agency
		  license under the Arkansas Title Insurance Act, Ark. Code Ann. §§
								23-103-401,
et seq.
B. This
		  Rule shall apply to title insurance agents or agencies previously licensed
		  pursuant to the repealed Arkansas Title Insurance Agents' Licensing Act,
		  §§ 23-103- 101,
et seq.,
who continue to meet all
		  the residency and other requirements of the Arkansas Title Insurance Act and
		  this Rule, effective January 1, 2008.
C. This Rule shall apply to title insurers,
		  title insurance agents, and title insurance agencies.
D. The following are exempt from this Rule:
(1) In accordance with Ark. Code Ann. §
									23-103-402(11)(B),
		  an individual employed by a licensee under the Arkansas Title Insurance Act who
		  does not sell or negotiate title insurance, but performs marketing duties under
		  the supervision of a title agent;
(2) In accordance with Ark. Code Ann. §
									23-103-402(11)(B),
		  an individual employed by a resident licensee under the Arkansas Title
		  Insurance Act who is a closing agent and does not solicit, sell, or negotiate
		  title insurance; and
(3) Those not
		  required to have a license under the Arkansas Title Insurance Act.