Arkansas Administrative Code › Agency 226 - Arkansas Health Insurance Marketplace › Rule 226.00.14-003 - Emergency Operating Rules

Current through Register Vol. 49, No. 6, June, 2024
BOARD OF DIRECTORS OF THE
ARKANSAS HEALTH INSURANCE
MARKETPLACE
FINAL OPERATING RULES
I.
STATEMENT OF ORGANIZATION AND OPERATIONS
A.
Operations.
The Arkansas Health Insurance Marketplace is a nonprofit legal
			 entity that is a political subdivision, instrumentality, and body politic of
			 the State of Arkansas created by Act 1500 of 2013, Ark. Code§
									23-61-801 et
			 seq. The Marketplace is exempt from the laws governing state agencies,
			 including without limitation the Arkansas Procurement Law, Ark. Code§
									19-11-201 et
			 seq.; the Uniform Classification and Compensation Act, Ark. Code§
									21-5-201 et
			 seq.; and the Arkansas Administrative Procedure Act, Ark. Code §
									25-15-201 et
			 seq. The Marketplace is subject to the Freedom of Information Act of 1967, Ark.
			 Code§
									25-19-101 et
			 seq.
The General Assembly has delegated to the Board of Directors of
			 the Arkansas Health Insurance Marketplace the authority to plan and administer
			 the Marketplace; enter into contracts with eligible entities to assist with the
			 planning, implementation, and operation of the Marketplace; hire an executive
			 director and interim staff; enter into information sharing agreements with
			 federal and state agencies and other state marketplaces to carry out its
			 responsibilities; provide claims and other plan and enrollment data to the
			 Department of Human Services and the Insurance Commissioner when requested;
			 apply for state, federal, or private funding on or after July I, 2015;
			 coordinate with the Insurance Commissioner to apply for state, federal, or
			 private funds before July I, 2015; enter into a memorandum of understanding
			 with the Insurance Commissioner concerning the use of state, federal, or
			 private funds received by the Insurance Commissioner that may be used by the
			 Marketplace; and pertom l any duties identified under state or federal law,
			 including without limitation the obligations stated in Ark. Code §§
									23-61-803
			 through
			 23-61-806.
The Marketplace staff acts as the administrator and operating
			 entity of the Board. The staff may act as spokesperson for the Marketplace,
			 receive correspondence and correspond on behalf of the Marketplace, provide
			 legal and other research to the Marketplace, investigate allegations of
			 violations of laws under the Marketplace's jurisdiction, and perform such other
			 functions as the Board deems appropriate.
Unless otherwise provided by these rules or by state or federal
			 law, these rules of practice and procedure shall govern all proceedings before
			 the Board and shall be applicable to the adoption, amendment, or repeal of a
			 policy, procedure, or rule of the Marketplace filed or initiated after the
			 effective date of these rules. The adoption, amendment, or repeal of a policy,
			 procedure, or rule shall comply with Ark. Code §
									23-61-803.
B.
Board Organization.
1. The Board shall consist of eleven (11)
		  members.
2. The members shall be
		  appointed as follows:
a. Three (3) members by
		  the Governor of the State of Arkansas;
b. Three (3) members by the Speaker of the
		  Arkansas House of Representatives; and
c. Three (3) members by the President Pro
		  Tempore of the Arkansas Senate.
3. The following public officials shall serve
		  as ex officio non-voting members:
a. The
		  Insurance Commissioner or his or her designee; and
b. The Director of the Department of Human
		  Services or his or her designee.
4. The Governor shall appoint one (I) member
		  who is a representative of insurance agents or brokers licensed to sell health
		  insurance in Arkansas and two (2) members who are consumer
		  representatives.
5. The President
		  Pro Tempore shall appoint one (1) member who is a representative of a health
		  insurer and one (1) member who is a representative of small
		  employers.
6. The Speaker of the
		  House shall appoint one (1) member who is a representative of a health insurer
		  and one (1) member who is licensed by a health-related profession in
		  Arkansas.
7. The appointing
		  authorities shall ensure that a majority of the voting members of the Board
		  have relevant experience in:
a. Health
		  benefits administration;
b.
		  Healthcare finance;
c. Health plan
		  purchasing;
d. Healthcare delivery
		  system administration; or
e. Public
		  health or health policy issues related to the small group and individual
		  markets and the uninsured.
8. Of the initial appointees to the Board by
		  the Governor, the President Pro Tempore of the Senate, and the Speaker of the
		  House of Representatives, the appointing authority shall designate one (1)
		  appointee to serve a term of four (4) years; one (1) appointee to serve a term
		  of six (6) years; and one (1) appointee to serve a term of eight (8) years. All
		  succeeding appointees to the Board shall be appointed for a term of six (6)
		  years.
9. A member may resign at
		  any time by delivering written notice to the Board. A resignation is effective
		  when it is delivered to the Board, unless the notice specifies a later
		  effective date.
10. A member
		  subsequently appointed to the Board under subsection two (2) of this section
		  shall serve a term of six (6) years.
C.
Removal.
The Board, by resolution, may petition the appropriate circuit
			 court for the removal of a member of the Board under Ark. Code§
									4-27-809.
D.
Staff Organization.
1. Executive Director
a. The Board shall employ an Executive
		  Director who shall serve at the will and pleasure of the Board.
b. The Executive Director shall employ a
		  staff to assist in the administration of the Marketplace.
c. The Executive Director shall be
		  responsible to the full Board and shall not be answerable to an individual
		  member. However, the Executive Director shall ensure that the Chair of the
		  Board is advised of the progress and conduct of the employees and operation of
		  the Marketplace's office.
2. Interim Staff
The Board may employ necessary staff on an interim basis until an
			 Executive Director is hired.