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23-76-113. Annual report and quarterly report.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-76-113. Annual report and quarterly report.
(a) A health maintenance organization shall annually on or before March 1 file a report verified by at least two (2) principal officers with the Insurance Commissioner covering the preceding calendar year.
(b)(1) The report shall be on forms prescribed by the commissioner.
(2) For the report to be filed March 1, 2002, and annually thereafter, the annual report prescribed by the commissioner shall be the current edition published by the National Association of Insurance Commissioners of the Annual Statement Blank For Health, that shall be prepared in accordance with the National Association of Insurance Commissioners' Annual Statement Instructions For Health and shall follow those accounting practices and procedures prescribed and published in the current edition of the National Association of Insurance Commissioners' Accounting Practices and Procedures Manual.
(3) Each authorized health maintenance organization shall furnish all information as called for by the National Association of Insurance Commissioners' Annual Statement Blank For Health. Further, it shall be verified by oath or affirmation of the health maintenance organization's president or vice president and secretary or actuary.
(4) The commissioner shall furnish to each domestic health maintenance organization two (2) copies of the forms on which the annual statement is to be made.
(5) The annual report shall include:
(A) An annual audited financial report certified by an independent certified public accountant;
(B) Any material changes in the information submitted pursuant to § 23-76-107(c);
(C) The number of persons enrolled during the year, the number of enrollees as of the end of the year, and the number of enrollments terminated during the
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-76-113
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:23-76-113
Source file: gov.ar.code.title.23.odt
Pages: Not recorded – Not recorded
Passage SHA-256: a482f504e2d143c39949098b728730c2656cebbe31fc72a0ee9b2c91ce180e7e
Source location: content.xml paragraph 43756
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23-76-113. Annual report and quarterly report.
(a) A health maintenance organization shall annually on or before March 1 file a report verified by at least two (2) principal officers with the Insurance Commissioner covering the preceding calendar year.
(b)(1) The report shall be on forms prescribed by the commissioner.
(2) For the report to be filed March 1, 2002, and annually thereafter, the annual report prescribed by the commissioner shall be the current edition published by the National Association of Insurance Commissioners of the Annual Statement Blank For Health, that shall be prepared in accordance with the National Association of Insurance Commissioners' Annual Statement Instructions For Health and shall follow those accounting practices and procedures prescribed and published in the current edition of the National Association of Insurance Commissioners' Accounting Practices and Procedures Manual.
(3) Each authorized health maintenance organization shall furnish all information as called for by the National Association of Insurance Commissioners' Annual Statement Blank For Health. Further, it shall be verified by oath or affirmation of the health maintenance organization's president or vice president and secretary or actuary.
(4) The commissioner shall furnish to each domestic health maintenance organization two (2) copies of the forms on which the annual statement is to be made.
(5) The annual report shall include:
(A) An annual audited financial report certified by an independent certified public accountant;
(B) Any material changes in the information submitted pursuant to § 23-76-107(c);
(C) The number of persons enrolled during the year, the number of enrollees as of the end of the year, and the number of enrollments terminated during the year;
(D) A summary of information compiled pursuant to § 23-76-108 in the form required by the commissioner; and
(E) Any other information on an annual, quarterly, or more frequent basis as the commissioner shall prescribe, relating to the performance of the health maintenance organization, that is necessary to enable the commissioner to carry out his or her duties under this chapter.
(c) Any health maintenance organization that fails to file the annual, quarterly, or any required financial or other report when due may be subject to a penalty of one hundred dollars ($100) for each day of delinquency in the commissioner's discretion, or unless the penalty is waived by the commissioner upon a showing of good cause by the health maintenance organization.
(d)(1)(A) Beginning on and after January 1, 2000, each authorized health maintenance organization shall prepare and file with the commissioner a quarterly financial report on forms and at such times as shall be prescribed by the commissioner.
(B) For the reports to be filed January 1, 2002, and quarterly reports thereafter, the quarterly financial report shall be the current edition, published by the National Association of Insurance Commissioners, of the Quarterly Statement Blank For Health, that shall be prepared in accordance with the National Association of Insurance Commissioners' Quarterly Statement Instructions For Health and shall follow those accounting procedures and practices prescribed by the National Association of Insurance Commissioners' Accounting Practices And Procedures Manual.
(2) The quarterly statement shall be verified by the officers of the health maintenance organization as required by the current edition, published by the National Association of Insurance Commissioners, of the quarterly statement instructions as a companion to the reporting form prescribed by the commissioner.
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Arkansas Code — all titles (historical 2020) · legal_authorities
23-76-107. Establishment.
(a)(1) Any person that meets the requirements of § 23-76-102(9) may apply to the Insurance Commissioner for and obtain a certificate of authority to establish and operate a health maintenance organization.
(2) No person shall establish or operate a health maintenance organization in this state, nor sell or offer to sell, nor solicit offers to purchase or receive advance or periodic consideration in conjunction with a health maintenance organization without obtaining a certificate of authority under this chapter.
(3) The corporation must have the express authority to operate a health maintenance organization contained in its articles of incorporation. Incorporation shall not be required of any entity that has been issued a certificate of authority prior to March 30, 1987.
(b)(1) Every health maintenance organization, as of July 9, 1975, shall submit an application for a certificate of authority under subsection (c) of this section within sixty (60) days of July 9, 1975.
(2) Each applicant may continue to operate until the commissioner acts upon the application.
(3) In the event that an application is denied under § 23-76-108, the applicant shall henceforth be treated as a health maintenance organization whose certificate of authority has been revoked.
(c) Each application for a certificate of authority shall be verified by an officer or authorized representative of the applicant, shall be in a form prescribed by the commissioner, and shall set forth or be accompanied by the following:
(1) A copy of the basic organizational document, if any, of the applicant, such as the articles of incorporation, articles of association, partnership agreement, trust agreement, or other applicable documents, and all amendments thereto;
(2) A cop
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-76-107
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 23-76-107. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-76-108. Issuance of certificate of authority.
(a) Upon receipt of an application for issuance of a certificate of authority, the Insurance Commissioner shall determine whether the applicant furnishes or proposes to furnish adequate and accessible healthcare services for its healthcare plans subject to the requirements or rules of the State Insurance Department.
(b) The commissioner shall issue a certificate of authority to any person filing an application pursuant to § 23-76-107 within sixty (60) days of receipt of the application if the commissioner is satisfied that:
(1) The persons responsible for the conduct of the affairs of the applicant are competent, trustworthy, and possess good reputations;
(2) The health maintenance organization's proposed plan of operation meets the requirements of subsection (a) of this section;
(3) The healthcare plan will allow the health maintenance organization effectively to provide or arrange for the provision of basic healthcare services through insurance or otherwise on a prepaid basis, subject to reasonable requirements for copayments;
(4) The health maintenance organization is financially responsible and may reasonably be expected to meet its obligations to enrollees and prospective enrollees;
(5) The healthcare plan's arrangements for healthcare services and the schedule of charges for use therewith are financially sound and reasonable;
(6) Any agreements with insurers, hospitals, medical service corporations, governmental entities, or any other organizations for insuring the payment of the cost of healthcare services or the provision for automatic applicability of alternative coverage in the event of discontinuance of the healthcare plan are reasonable and adequate;
(7) Agreements with providers for the prov
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-76-108
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 23-76-108. This identifies an authority to review, not proof of applicability.