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23-86-309. Special rules relating to group health plans.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-86-309. Special rules relating to group health plans.
(a) General Exception for Certain Small Group Health Plans. The requirements of this subchapter shall not apply to any group health plan or group health insurance coverage offered in connection with a group health plan for any plan year if, on the first day of the group health plan year, the group health plan has less than two (2) participants who are current employees.
(b) Exception for Certain Benefits. The requirements of this subchapter shall not apply to any group health plan or group health insurance coverage in relation to its provision of excepted benefits described in § 23-86-310(a).
(c)Exception for Certain Benefits if Certain Conditions Met.
(1) Limited, Excepted Benefits. The requirements of this subchapter shall not apply to any group health plan or group health insurance coverage offered in connection with a group health plan in relation to its provision of excepted benefits described in § 23-86-310(b) if the benefits:
(A) Are provided under a separate policy, certificate, or contract of insurance; or
(B) Are otherwise not an integral part of the group health plan.
(2) Noncoordinated, Excepted Benefits. The requirements of this subchapter shall not apply to any group health plan or group health insurance coverage offered in connection with a group health plan in relation to its provision of excepted benefits described in § 23-86-310(c) if all of the following conditions are met:
(A) The benefits are provided under a separate policy, certificate, or contract of insurance;
(B) There is no coordination between the provision of such benefits and any exclusion of benefits under any group health plan maintained by the same plan sponsor; and
(C) Such benefits are paid with respect t
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-86-309
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:23-86-309
Source file: gov.ar.code.title.23.odt
Pages: Not recorded – Not recorded
Passage SHA-256: b939a3c90db0b25fc172310e873783c9e4559126c9f60e36595511ef0db79e32
Source location: content.xml paragraph 52393
Stored source content
23-86-309. Special rules relating to group health plans.
(a) General Exception for Certain Small Group Health Plans. The requirements of this subchapter shall not apply to any group health plan or group health insurance coverage offered in connection with a group health plan for any plan year if, on the first day of the group health plan year, the group health plan has less than two (2) participants who are current employees.
(b) Exception for Certain Benefits. The requirements of this subchapter shall not apply to any group health plan or group health insurance coverage in relation to its provision of excepted benefits described in § 23-86-310(a).
(c)Exception for Certain Benefits if Certain Conditions Met.
(1) Limited, Excepted Benefits. The requirements of this subchapter shall not apply to any group health plan or group health insurance coverage offered in connection with a group health plan in relation to its provision of excepted benefits described in § 23-86-310(b) if the benefits:
(A) Are provided under a separate policy, certificate, or contract of insurance; or
(B) Are otherwise not an integral part of the group health plan.
(2) Noncoordinated, Excepted Benefits. The requirements of this subchapter shall not apply to any group health plan or group health insurance coverage offered in connection with a group health plan in relation to its provision of excepted benefits described in § 23-86-310(c) if all of the following conditions are met:
(A) The benefits are provided under a separate policy, certificate, or contract of insurance;
(B) There is no coordination between the provision of such benefits and any exclusion of benefits under any group health plan maintained by the same plan sponsor; and
(C) Such benefits are paid with respect to an event without regard to whether benefits are provided with respect to such an event under any group health plan maintained by the same plan sponsor.
(3) Supplemental Excepted Benefits. The requirements of this subchapter shall not apply to any group health plan or group health insurance coverage in relation to its provision of excepted benefits described in § 23-86-310(d) if the benefits are provided under a separate policy, certificate, or contract of insurance.
(d)Treatment of Partnerships.
(1) Treatment as a Group Health Plan. Any plan, fund, or program which would not be, but for this subsection, an employee welfare benefit plan and which is established or maintained by a partnership, to the extent that the plan, fund, or program provides medical care, including items and services paid for as medical care, to present or former partners in the partnership or to their dependents, as defined under the terms of the plan, fund, or program, directly or through insurance or reimbursement or otherwise, shall be treated, subject to subdivision (d)(2) of this section, as an employee welfare benefit plan which is a group health plan.
(2) Employer. In the case of a group health plan, the term “employer” also includes the partnership in relation to any partner.
(3) Participants of Group Health Plans. In the case of a group health plan, the term “participant” also includes:
(A) In connection with a group health plan maintained by a partnership, an individual who is a partner in relation to the partnership; or
(B) In connection with a group health plan maintained by a self-employed individual under which one (1) or more employees are participants, the self-employed individual, if the individual is, or may become, eligible to receive a benefit under the group health plan or the individual's beneficiaries may be eligible to receive any such benefit.
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Arkansas Code — all titles (historical 2020) · legal_authorities
23-86-310. Excepted benefits — Definition.
For purposes of this section, the term “excepted benefits” means benefits under one (1) or more, or any combination thereof, of the following:
(1) Benefits not subject to requirements:
(A) Coverage only for accident or disability income insurance, or any combination thereof;
(B) Coverage issued as a supplement to liability insurance;
(C) Liability insurance, including general liability insurance and automobile liability insurance;
(D) Workers' compensation or similar insurance;
(E) Automobile medical payment insurance;
(F) Credit-only insurance;
(G) Coverage for on-site medical clinics;
(H) Other similar insurance coverage, specified in regulations, under which benefits for medical care are secondary or incidental to other insurance benefits;
(2) Benefits not subject to requirements if offered separately:
(A) Limited scope dental or vision benefits;
(B) Benefits for long-term care, nursing home care, home health care, community-based care, or any combination thereof;
(C) Such other similar, limited benefits as specified in rules;
(3) Benefits not subject to requirements if offered as independent, noncoordinated benefits:
(A) Coverage only for a specified disease or illness; and
(B) Hospital indemnity or other fixed indemnity insurance; and
(4) Benefits not subject to requirements if offered as a separate insurance policy. Medicare supplemental health insurance as defined under section 1882(g)(1) of the Social Security Act, coverage supplemental to the coverage provided under United States Code Title 10, Chapter 55, and similar supplemental coverage provided to coverage under a group health plan.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-86-310
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 23-86-310. This identifies an authority to review, not proof of applicability.