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23-86-302. Effective date — Limitation of actions — Applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-86-302. Effective date — Limitation of actions — Applicability.
(a) In General. Except as provided in this section, this subchapter and the amendments made by this section shall apply with respect to group health plans for plan years beginning after June 30, 1997.
(b)Determination of Creditable Coverage.
(1) Period of Coverage — In General. Subject to subdivision (b)(2)(A) of this section, no period before July 1, 1996, shall be taken into account in determining creditable coverage.
(2)Certifications.
(A) In General. Subject to subdivisions (b)(2)(B) and (C) of this section, § 23-86-304(e) shall apply to events occurring after June 30, 1996.
(B) No Certification Required to be Provided Before June 1, 1997. In no case is a certification required to be provided under § 23-86-304(e) before June 1, 1997.
(C) Certification Only on Written Request for Events Occurring Before October 1, 1996. In the case of an event occurring after June 30, 1996, and before October 1, 1996, a certification is not required to be provided under § 23-86-304(e) unless an individual with respect to whom the certification is otherwise required to be made requests the certification in writing.
(3) Transitional Rule. In the case of an individual who seeks to establish creditable coverage for any period for which certification is not required because it relates to an event occurring before June 30, 1996:
(A) The individual may present other credible evidence of the coverage in order to establish the period of creditable coverage; and
(B) A group health plan and a health insurance issuer shall not be subject to any penalty or enforcement action with respect to the plan's or issuer's crediting or not crediting the coverage if the plan or issuer has sought to comply in good fa
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-86-302
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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Record provenance
Stable record: arkansas_code:legal_authorities:23-86-302
Source file: gov.ar.code.title.23.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 343be48b86d3ad67df41fbda744136c38ad45f98cd3e46d46130210db9a98011
Source location: content.xml paragraph 52166
Stored source content
23-86-302. Effective date — Limitation of actions — Applicability.
(a) In General. Except as provided in this section, this subchapter and the amendments made by this section shall apply with respect to group health plans for plan years beginning after June 30, 1997.
(b)Determination of Creditable Coverage.
(1) Period of Coverage — In General. Subject to subdivision (b)(2)(A) of this section, no period before July 1, 1996, shall be taken into account in determining creditable coverage.
(2)Certifications.
(A) In General. Subject to subdivisions (b)(2)(B) and (C) of this section, § 23-86-304(e) shall apply to events occurring after June 30, 1996.
(B) No Certification Required to be Provided Before June 1, 1997. In no case is a certification required to be provided under § 23-86-304(e) before June 1, 1997.
(C) Certification Only on Written Request for Events Occurring Before October 1, 1996. In the case of an event occurring after June 30, 1996, and before October 1, 1996, a certification is not required to be provided under § 23-86-304(e) unless an individual with respect to whom the certification is otherwise required to be made requests the certification in writing.
(3) Transitional Rule. In the case of an individual who seeks to establish creditable coverage for any period for which certification is not required because it relates to an event occurring before June 30, 1996:
(A) The individual may present other credible evidence of the coverage in order to establish the period of creditable coverage; and
(B) A group health plan and a health insurance issuer shall not be subject to any penalty or enforcement action with respect to the plan's or issuer's crediting or not crediting the coverage if the plan or issuer has sought to comply in good faith with the applicable requirements of this section.
(c) Limitation on Actions. No enforcement action shall be taken pursuant to this section against a group health plan or health insurance issuer with respect to a violation of a requirement imposed by this section before January 1, 1998, or, if later, the date of issuance of regulations by the Secretary of Labor, if the group health plan or health insurance issuer has sought to comply in good faith with such requirements.
(d)Applicability.
(1) The provisions of this subchapter shall be applicable to all accident and health insurers, health maintenance organizations, hospital and medical service corporations, and fraternal benefit societies that are licensed and authorized by the Insurance Commissioner to transact business in the State of Arkansas.
(2) The provisions of this subchapter shall be applicable to all licensed or state-regulated multiple employer welfare arrangements, licensed or state-regulated health benefit plans, licensed or state-regulated multiple employer trusts, or other licensed or state-regulated persons providing a plan of group health insurance coverage in this state.
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Arkansas Code — all titles (historical 2020) · legal_authorities
23-86-304. Increased portability through limitation on preexisting conditions exclusions.
(a) Limitation on Preexisting Condition Exclusion Period — Crediting for Periods of Previous Coverage. Subject to subsection (d) of this section, a group health plan and a health insurance issuer offering group health insurance coverage may, with respect to a participant or beneficiary, impose a preexisting condition exclusion only if:
(1) The preexisting condition exclusion relates to a condition, whether physical or mental, regardless of the cause of the condition, for which medical advice, diagnosis, care, or treatment was recommended or received within the six-month period ending on the enrollment date;
(2) The preexisting condition exclusion extends for a period of not more than twelve (12) months, or eighteen (18) months in the case of a late enrollee, after the enrollment date; and
(3) The period of any such preexisting condition exclusion is reduced by the aggregate of the periods of creditable coverage, if any, as defined in subdivision (c)(1) of this section, applicable to the participant or beneficiary as of the enrollment date.
(b) Treatment of Genetic Information. Genetic information shall not be treated as a condition described in subdivision (a)(1) of this section in the absence of a diagnosis of the condition related to that information.
(c)Creditable Coverage — Rules Relating to Crediting Previous Coverage.
(1)Not Counting Periods Before Significant Breaks in Coverage.
(A) In General. A period of creditable coverage shall not be counted, with respect to enrollment of an individual under a group health plan, if, after such a period and before the enrollment date, there was a sixty-three-day period during all of which the individual was not covered u
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-86-304
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 23-86-304. This identifies an authority to review, not proof of applicability.