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23-76-103. Applicability of Arkansas Insurance Code and laws concerning hospital and medical service corporations.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-76-103. Applicability of Arkansas Insurance Code and laws concerning hospital and medical service corporations.
(a)(1) Except as otherwise provided in this chapter, provisions of the insurance law and provisions of hospital and medical service corporation laws shall not be applicable to any health maintenance organization granted a certificate of authority under this chapter.
(2) Subdivision (a)(1) of this section shall not apply to an insurer or hospital and medical service corporation licensed and regulated pursuant to the insurance laws or the hospital and medical service corporation laws of this state, except with respect to its health maintenance organization activities authorized and regulated pursuant to this chapter.
(b) The provisions of this chapter, the Arkansas Insurance Code, and the law concerning hospital and medical service corporations, § 23-75-101 et seq., shall not be applicable to any nonprofit vision service plan corporation composed of at least fifty (50) participating licensed optometrists or ophthalmologists licensed by the State of Arkansas to provide vision care services on a prepaid basis, when each licensed optometrist or ophthalmologist is subject to the rules of the professional's respective state board, and when each participating licensed optometrist or ophthalmologist agrees to assume responsibility for completion of the provisions of the vision care services contracted for, so that no element of risk is incurred by any subscriber group or person.
(c) This chapter does not apply to a:
(1) Health care sharing ministry as defined in § 23-60-104(b); or
(2) Direct primary care agreement as defined in § 23-60-104(b).
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-76-103
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:23-76-103
Source file: gov.ar.code.title.23.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 855d0c7c01969601da1204825edf3531421d22b6866a5d38b0376ca52c933659
Source location: content.xml paragraph 43532
Stored source content
23-76-103. Applicability of Arkansas Insurance Code and laws concerning hospital and medical service corporations.
(a)(1) Except as otherwise provided in this chapter, provisions of the insurance law and provisions of hospital and medical service corporation laws shall not be applicable to any health maintenance organization granted a certificate of authority under this chapter.
(2) Subdivision (a)(1) of this section shall not apply to an insurer or hospital and medical service corporation licensed and regulated pursuant to the insurance laws or the hospital and medical service corporation laws of this state, except with respect to its health maintenance organization activities authorized and regulated pursuant to this chapter.
(b) The provisions of this chapter, the Arkansas Insurance Code, and the law concerning hospital and medical service corporations, § 23-75-101 et seq., shall not be applicable to any nonprofit vision service plan corporation composed of at least fifty (50) participating licensed optometrists or ophthalmologists licensed by the State of Arkansas to provide vision care services on a prepaid basis, when each licensed optometrist or ophthalmologist is subject to the rules of the professional's respective state board, and when each participating licensed optometrist or ophthalmologist agrees to assume responsibility for completion of the provisions of the vision care services contracted for, so that no element of risk is incurred by any subscriber group or person.
(c) This chapter does not apply to a:
(1) Health care sharing ministry as defined in § 23-60-104(b); or
(2) Direct primary care agreement as defined in § 23-60-104(b).
Cross-references
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Arkansas Code — all titles (historical 2020) · legal_authorities
23-60-104. Exceptions — Burial associations — Health care sharing ministries — Direct primary care agreements — Definitions.
(a) The Arkansas Insurance Code and rules promulgated by the Insurance Commissioner under the Arkansas Insurance Code do not apply to a:
(1) Burial association governed by §§ 23-78-101 — 23-78-119 and 23-78-121 — 23-78-125;
(2) Direct primary care agreement; or
(3) Health care sharing ministry.
(b) As used in this section:
(1)(A) “Direct primary care agreement” means a written agreement that:
(i) Is between a licensed healthcare provider and a patient or the patient's legal representative;
(ii)(a) Allows either party to terminate the agreement in writing, without penalty or payment of a termination fee, at any time or after notice as specified in the agreement.
(b) The notice of termination described in subdivision (b)(1)(A)(ii)(a) of this section shall not exceed sixty (60) days;
(iii) Describes the healthcare services to be provided in exchange for payment of a periodic fee;
(iv) Specifies the periodic fee required and any additional fees that may be charged;
(v) May allow the periodic fee and any additional fees to be paid by a third party;
(vi) Prohibits the healthcare provider from charging or receiving additional compensation for healthcare services included in the periodic fee; and
(vii) Conspicuously and prominently states that the agreement is not health insurance and does not meet any individual health insurance mandate that may be required by federal law.
(B) A direct primary care agreement shall provide a written disclaimer on or accompanying an application distributed by or on behalf of an entity offering a direct primary care agreement that reads, in substance:
“Notice: A direct primary care agreement
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-60-104
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 23-60-104. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-75-101. Definition.
(a) As used in this chapter, “hospital service corporations”, “medical service corporations”, and “hospital and medical service corporations” are corporations organized under the laws of this state for the purpose of establishing, maintaining, and operating nonprofit hospital service or medical service plans, or combination of plans, whereby hospital, medical, and related services may be provided by hospitals, physicians, or others with which the corporations have contracted for the purposes, to such of the public as become subscribers to the corporations under contracts which entitle each subscriber to certain hospital or medical services or benefits, or both.
(b) This section shall not be deemed to prohibit issuance, by corporations so authorized as of immediately prior to January 1, 1960, of contracts providing for the payment of cash indemnities for hospital, medical, or related services instead of providing for hospital or medical benefits on a service basis or from issuing contracts providing for a combination of indemnity and service benefits.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-75-101
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 23-75-101. This identifies an authority to review, not proof of applicability.