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Subchapter 1 - General Provisions
§ 23-79-101. Definitions - As used in this chapter: (1) “Excepted benefits” means benefits...
§ 23-79-102. Scope - Sections 23-79-101, 23-79-103 — 23-79-107, 23-79-109 — 23-79-128, 23-79-131 —...
§ 23-79-103. Insurable interest — Personal insurance - (a) (1) Any individual of competent legal capacity may procure...
§ 23-79-104. Insurable interest — Property - (a) No contract of insurance of property or of any...
§ 23-79-105. Application required — Life and accident and health insurance - No life or accident and health insurance contract upon an...
§ 23-79-106. Application — Use as evidence — Alteration - (a) No application for the issuance of any life or...
§ 23-79-107. Application — Statements as representations - (a) A statement in an application or in negotiations for...
§ 23-79-108. Return of premium to rejected applicant - After an insurer rejects or declines to issue a life...
§ 23-79-109. Filing and approval of forms — Definitions - (a) (1) (A) (i) No basic insurance policy, or annuity...
§ 23-79-110. Forms and premium rates — Grounds for disapproval — Definitions - (a) The Insurance Commissioner shall disapprove a form filed under...
§ 23-79-111. Standard provisions - (a) Insurance contracts shall contain such standard or uniform provisions...
§ 23-79-112. Contents - (a) The written instrument in which a contract of insurance...
§ 23-79-113. Charter or bylaw provisions excluded — Exception - (a) No policy shall contain any provision purporting to make...
§ 23-79-114. Entitlement notwithstanding policy provisions — Health services performed by professionals not licensed under Arkansas Medical Practices Act - (a) (1) Notwithstanding any provision of any individual or group...
§ 23-79-115. Entitlement notwithstanding policy provisions — Services performed by outpatient centers - (a) (1) Notwithstanding any provisions of any individual or group...
§ 23-79-116. Execution - (a) Every insurance policy shall be executed in the name...
§ 23-79-117. Underwriters' and combination policies - (a) (1) Two (2) or more authorized insurers may jointly...
§ 23-79-118. Noncomplying forms - An insurance policy, rider, or endorsement issued and otherwise valid...
§ 23-79-119. Construction of policies - (a) Every insurance contract shall be construed according to the...
§ 23-79-120. Binders - (a) Binders or other contracts for temporary insurance may be...
§ 23-79-121. Delivery of policy - (a) (1) Subject to the insurer's requirements as to payment...
§ 23-79-122. Negotiability of premium notes - (a) (1) No note given for premiums on insurance in...
§ 23-79-123. Renewal by certificate - (a) (1) Any insurance policy terminating by its terms at...
§ 23-79-124. Assignment - (a) A policy may be assignable or not assignable, as...
§ 23-79-125. Payment by insurer — Discharge - (a) Whenever the proceeds of or payments under a life...
§ 23-79-126. Forms for proof of loss - (a) An insurer shall furnish to any person claiming to...
§ 23-79-127. Claims administration by insurer not waiver - Without limitation of any right or defense of an insurer...
§ 23-79-128. Right to insure spouse's life - (a) (1) It shall be lawful for any married woman,...
§ 23-79-129. Coverage of newborn infants - (a) (1) Every accident and health insurance policy, contract, certificate,...
§ 23-79-130. Impairment of speech or hearing - (a) Every accident and health insurer, hospital or medical service...
§ 23-79-131. Exemption of proceeds — Life insurance - (a) (1) If a policy of insurance is effected by...
§ 23-79-132. Exemption of proceeds — Group life - (a) (1) A policy of group life insurance or the...
§ 23-79-133. Exemption of proceeds — Accident and health insurance - The proceeds or avails of all contracts of accident and...
§ 23-79-134. Exemption of proceeds — Annuity contracts — Assignability of rights - (a) Benefits, rights, privileges, and options under any annuity or...
§ 23-79-135. Prompt payment of certain claims required - In any case in which an insured under any hospital,...
§ 23-79-136. Agreement for insurer to invest premium prohibited - (a) It is unlawful for any insurance company authorized to...
§ 23-79-137. Coverage for adopted minors - (a) Every accident and health insurance policy, self-insured health plan,...
§ 23-79-138. Information to accompany policies - (a) The following information shall accompany every policy of life...
§ 23-79-139. Benefits for alcohol or drug dependency treatment — Definition - (a) (1) Every insurer, hospital and medical service corporation, and...
§ 23-79-140. Mammograms — Breast ultrasounds — Definitions - (a) As used in this section: (1) “Breast ultrasound” means...
§ 23-79-141. Children's Preventive Health Care Act - (a) Title. This section shall be known and may be...
§ 23-79-142. Payment for services of psychological examiners - Every insurer or hospital and medical service corporation that issues...
§ 23-79-144. Minor children — Certain provisions denying or restricting coverage void - (a) (1) No contract of individual or group healthcare coverage...
§ 23-79-146. Subrogation recovery - (a) (1) Any casualty insurer, accident and health insurer, health...
§ 23-79-147. Prescription medication — Definitions - (a) As used in this section: (1) “Commissioner” means the...
§ 23-79-148. Medical transportation services - (a) (1) Every insurance policy, other than a policy excluded...
§ 23-79-149. Prescription drug benefits - (a) As used in this section, “insurance policy” means any...
§ 23-79-150. Healthcare plan — Health carrier — Definitions - (a) (1) (A) “Healthcare plan” means any individual, blanket, or...
§ 23-79-151. Liability insurance — Notice requirements prior to expiration of policy - (a) (1) When an insurer writing workers' compensation insurance, employers'...
§ 23-79-152. Cancellation, increase in premium, and negative risk rating prohibited when insured not at fault - (a) Except as provided in subsection (c) of this section,...
§ 23-79-153. Health insurance — Closing a block of business - (a) As used in this section: (1) “Block of business”...
§ 23-79-154. Reimbursement for physician assistant services - (a) As used in this section, “health plan” means any...
§ 23-79-155. Commercial general liability insurance - (a) A commercial general liability insurance policy offered for sale...
§ 23-79-156. Health insurance exchange — Coverage of abortions prohibited — Definitions — Findings - (a) As used in this section: (1) “Abortion” means the...
§ 23-79-157. Payment for services rendered by physical therapists, occupational therapists, and speech-language pathologists - (a) As used in this section: (1) (A) “Health benefit...
§ 23-79-158. Denials of dental claims - (a) (1) As used in this section, “insurer” means an...
§ 23-79-159. Notification of drug formulary changes - (a) (1) A health benefit plan that provides prescription drug...
§ 23-79-160. Health insurance information regarding Health Care Independence Program - Upon notification to enrollees in the Health Care Independence Program...
§ 23-79-161. Payment for oral anticancer medications — Definitions - (a) As used in this section: (1) “Anticancer medication” means...
§ 23-79-162. Notice of renewal in affiliate or subsidiary - (a) This section applies to all forms of property and...
§ 23-79-163. Excepted benefits - Excepted benefits are not subject to the requirements of this...
Subchapter 2 - Suits Against Insurers
§ 23-79-201. Claims arising outside United States — Automobile liability insurer - A person having a claim for personal injury or property...
§ 23-79-202. Limitation of actions - (a) An action may be maintained in the courts of...
§ 23-79-203. Trial by jury - (a) No insurance policy or annuity contract shall contain any...
§ 23-79-204. Venue - (a) An action brought in this state by or in...
§ 23-79-205. Service of process - (a) In any suit brought in this state against an...
§ 23-79-206. Evidence of death of person in military service - (a) It shall be competent and proper in the trial...
§ 23-79-207. Substantial compliance — Fire insurance upon personal property - In all actions against any insurer for any claim accruing,...
§ 23-79-208. Damages and attorney's fees on loss claims - (a) (1) In all cases in which loss occurs and...
§ 23-79-209. Allowance of attorney's fees in suits to terminate, modify, or reinstate policy - (a) In all suits in which the judgment or decree...
§ 23-79-210. Direct cause of action against liability insurer when insured not subject to tort suit - (a) (1) When liability insurance is carried by any cooperative...
Subchapter 3 - Minimum Standards — Commercial Property and Casualty Insurance Policies
§ 23-79-301. Purpose - The purpose of this subchapter is to provide minimum standards...
§ 23-79-302. Definition - For purposes of this subchapter, a claims-made policy as referenced...
§ 23-79-303. Applicability — Exceptions - (a) This subchapter applies to property and casualty insurance on...
§ 23-79-304. Construction - This subchapter shall be deemed cumulative of prior laws. No...
§ 23-79-305. Violations — Order - (a) Whenever the Insurance Commissioner shall have reason to believe...
§ 23-79-306. Requirements - The following requirements are applicable only as to claims-made policies...
§ 23-79-307. Standards — Definition - (a) In addition to other applicable provisions of the Arkansas...
§ 23-79-308. Noncomplying provisions - Any commercial property and casualty insurance policy, contract, rider, or...
§ 23-79-309. Administrative procedures — Appeals - (a) Administrative procedures exercised by the Insurance Commissioner under this...
§ 23-79-310. Rules - The Insurance Commissioner may promulgate such reasonable rules as are...
§ 23-79-311. Motor vehicle liability insurance — Extraterritorial provision - (a) (1) Motor vehicle liability insurance applies to the amounts...
§ 23-79-312. Motor vehicle liability insurance — Prohibition regarding step-downs - No motor vehicle liability insurance policy issued or delivered in...
Subchapter 4 - Medicare Supplement Insurance Minimum Standards Act
§ 23-79-401. Title - This subchapter shall be known and cited as the “Medicare...
§ 23-79-402. Applicability and scope - (a) Except as otherwise specifically provided in § 23-79-405, this...
§ 23-79-403. Definitions - As used in this subchapter: (1) “Applicant” means: (A) In...
§ 23-79-404. Standards for policy provisions and authority to promulgate rules - (a) No Medicare supplement policy or certificate in force in...
§ 23-79-405. Loss ratio standards - Medicare supplement policies shall return to policyholders benefits which are...
§ 23-79-406. Disclosure standards — Definition - (a) In order to provide for full and fair disclosure...
§ 23-79-407. Notice of free examination - Medicare supplement policies and certificates shall have a notice prominently...
§ 23-79-408. Filing requirements for advertising - Every issuer of Medicare supplement policies or certificates in this...
§ 23-79-409. Administrative procedures - Rules adopted pursuant to this subchapter shall be subject to...
§ 23-79-410. Penalties - In addition to any other applicable penalties for violations of...
Subchapter 5 - Comprehensive Health Insurance Pool Act
§ 23-79-501. Purpose - (a) (1) Acts 1995, No. 1339, established the Arkansas Comprehensive...
§ 23-79-502. Short title - This subchapter may be cited as the “Comprehensive Health Insurance...
§ 23-79-503. Definitions - As used in this subchapter: (1) “Agent” means any person...
§ 23-79-504. Arkansas Comprehensive Health Insurance Pool - (a) There is created a nonprofit legal entity to be...
§ 23-79-505. Plan of operation - (a) (1) The Board of Directors of the Arkansas Comprehensive...
§ 23-79-506. Powers - (a) (1) The Arkansas Comprehensive Health Insurance Pool shall have...
§ 23-79-507. Funding of pool - (a) Premiums. (1) (A) The Arkansas Comprehensive Health Insurance Pool...
§ 23-79-508. Plan administrator - (a) The Board of Directors of the Arkansas Comprehensive Health...
§ 23-79-509. Plan eligibility - (a) General Eligibility Requirements. The following requirements apply to a...
§ 23-79-510. Outline of benefits - (a) (1) Subject to the contractual policy form language adopted...
§ 23-79-511. Confidentiality - (a) (1) All steps necessary under state and federal law...
§ 23-79-512. Collective action - Neither the participation in the plan as insurers, the establishment...
§ 23-79-513. Unfair referral to plan — Prohibited practices by employers - (a) It shall constitute an unfair trade practice under the...
§ 23-79-515. Orderly cessation of operations - (a) (1) The Arkansas Comprehensive Health Insurance Pool shall cease...
§ 23-79-516. Statute of limitations and repose - Because winding up the operations of the Arkansas Comprehensive Health...
§ 23-79-517. Individuals moving to Arkansas and previously covered by another qualified high-risk pool - (a) Notwithstanding § 23-79-510(f), if a resident eligible person is...
Subchapter 6 - Coverage for Diabetes Treatment
§ 23-79-601. Definitions - As used in this subchapter: (1) “Diabetes self-management training” means...
§ 23-79-602. Diabetes self-management training — Licensed providers — Prescription by physician - (a) Every health insurance policy shall include coverage for a...
§ 23-79-603. Requirements - (a) Every health insurance policy shall include medical coverage for...
§ 23-79-604. Exclusions - This subchapter shall not be construed as prohibiting a health...
§ 23-79-605. Rules - The State Insurance Department shall develop and promulgate rules to...
§ 23-79-606. Applicability — Delivery within state - (a) This subchapter shall apply to any health insurance policy...
§ 23-79-607. Applicability — Exceptions - This subchapter shall not apply to: (1) Long-term care plans;...
Subchapter 7 - Tax Credits for Medically Necessary Foods
§ 23-79-701. Definitions - As used in this subchapter: (1) “Healthcare services” means any...
§ 23-79-702. Tax credit for medically necessary medical foods and low protein modified food products - (a) A credit of up to two thousand four hundred...
§ 23-79-703. Health insurance coverage for medically necessary foods — Definition - (a) As used in this section, “medical disorder requiring specialized...
Subchapter 8 - Arkansas Health Insurance Consumer Choice Act
§ 23-79-801. Title - This subchapter shall be known and cited as the “Arkansas...
§ 23-79-802. Definitions - As used in this subchapter: (1) “Health benefits plan” means...
§ 23-79-803. Requirements relating to offering a health benefits plan not subject to state-mandated health benefits - (a) Every group accident and health insurer, hospital and medical...
§ 23-79-805. Rules - The Insurance Commissioner may promulgate rules necessary to implement the...
Subchapter 10 - Health Insurance Flexibility and Accountability Initiative
§ 23-79-1001. Findings and purpose - (a) The General Assembly finds that: (1) Many Arkansans have...
§ 23-79-1002. Medicaid demonstration initiative - (a) Subject to obtaining all necessary federal approvals, including approval...
§ 23-79-1003. Arkansas Safety-net Benefit Program - (a) (1) There is created the Arkansas Safety-net Benefit Program....
§ 23-79-1004. Arkansas Safety-net Benefit Fund - (a) (1) There is created the Arkansas Safety-net Benefit Fund....
§ 23-79-1005. Department of Human Services — Powers and duties - (a) The Department of Human Services shall promulgate rules to...
Subchapter 11 - Equity in Prescription Insurance and Contraceptive Coverage Act
§ 23-79-1101. Title - This subchapter shall be known and may be cited as...
§ 23-79-1102. Definitions - As used in this subchapter: (1) (A) “Health benefit policy”...
§ 23-79-1103. Parity for contraceptives - (a) Every health benefit policy that is delivered, issued, executed,...
§ 23-79-1104. Extraordinary surcharges prohibited - (a) No insurer shall impose upon any person receiving prescription...
Subchapter 12 - Coverage for Colorectal Cancer Screening
§ 23-79-1201. Definitions - As used in this subchapter: (1) “Covered person” means a...
§ 23-79-1202. Coverage — Applicability - (a) A healthcare policy subject to this subchapter executed, delivered,...
§ 23-79-1203. Certain activities not prohibited - (a) This subchapter does not prohibit the issuance of policies...
§ 23-79-1204. Exclusions and reductions — Benefits subject to annual deductible and coinsurance - (a) Except as provided in subsection (b) of this section,...
§ 23-79-1205. Coverage by participating providers — Selection criteria and utilization protocols — Maximum benefits — Exclusions - (a) (1) This subchapter does not require and shall not...
§ 23-79-1206. Additional benefit costs - The issuer of a healthcare policy shall conform its policies,...
§ 23-79-1207. Cost-sharing - (a) To encourage colorectal cancer screenings, patients and healthcare providers...
§ 23-79-1208. Referrals to participating providers - A healthcare policy is not required to provide a referral...
§ 23-79-1209. Payment of nonparticipating providers - If a healthcare policy refers an individual under this subchapter...
Subchapter 13 - Coverage for Prostate Cancer Screening
§ 23-79-1301. Findings - The General Assembly finds that: (1) Prostate cancer is the...
§ 23-79-1302. Definitions - As used in this subchapter: (1) (A) “Health benefit plan”...
§ 23-79-1303. Coverage for prostate cancer screening required - (a) (1) A health benefit plan that is offered, issued,...
Subchapter 14 - Coverage for Hearing Aids
§ 23-79-1401. Definitions - As used in this subchapter: (1) (A) “Health benefit plan”...
§ 23-79-1402. Coverage for hearing aids required - (a) A health benefit plan that is offered, issued, or...
§ 23-79-1403. Rules - The State Insurance Department shall develop and promulgate rules for...
Subchapter 15 - Coverage for Craniofacial Anomaly Reconstructive Surgery
§ 23-79-1501. Definitions - As used in this subchapter: (1) “Craniofacial anomaly” means a...
§ 23-79-1502. Craniofacial anomaly — Coverage for reconstructive surgery required - (a) (1) A health benefit plan that is offered, issued,...
§ 23-79-1503. Rules - (a) The State Insurance Department shall develop and promulgate rules...
Subchapter 16 - Coverage for Services Provided Through Telemedicine
§ 23-79-1601. Definitions - As used in this subchapter: (1) “Distant site” means the...
§ 23-79-1602. Coverage for telemedicine - (a) (1) This subchapter applies to all health benefit plans...
Subchapter 17 - Emerging Therapy Act of 2017
§ 23-79-1701. Title - This subchapter shall be known and may be cited as...
§ 23-79-1702. Definitions - As used in this subchapter: (1) “Board” means the State...
§ 23-79-1703. State and Public School Life and Health Insurance Board — Requirements - (a) By the end of plan year 2017, the State...
§ 23-79-1704. Legislative findings - The General Assembly finds that: (1) The State and Public...
Subchapter 18 - Coverage for Newborn Screening for Spinal Muscular Atrophy
§ 23-79-1801. Definitions - As used in this subchapter: (1) (A) “Health benefit plan”...
§ 23-79-1802. Coverage for newborn screening for spinal muscular atrophy - (a) A health benefit plan that is offered, issued, or...
Subchapter 19 - Coverage for Services of Pediatric Autoimmune Neuropsychiatric Disorders Associated with Streptococcal Infections and Pediatric Acute-Onset Neuropsychiatric Syndrome
§ 23-79-1901. Findings - The General Assembly finds that: (1) Pediatric acute-onset neuropsychiatric syndrome,...
§ 23-79-1902. Interdisciplinary panel — University of Arkansas for Medical Sciences - (a) The University of Arkansas for Medical Sciences has partnered...
Subchapter 20 - Healthcare Payor Identification Card Act
§ 23-79-2001. Title - This subchapter shall be known and may be cited as...
§ 23-79-2002. Definitions - As used in this subchapter: (1) (A) “Health benefit plan”...
§ 23-79-2003. Identification cards - A healthcare payor shall issue an identification card to a...