Arkansas Legal Resource Navigator

23-92-508. Enforcement.

Arkansas Code — all titles (historical 2020) · legal_authorities

23-92-508. Enforcement.

23-92-508. Enforcement. (a) The Insurance Commissioner shall enforce this subchapter. (b)(1) The commissioner may examine or audit the books and records of a pharmacy benefits manager providing claims processing services or other prescription drug or device services for a health benefit plan to determine if the pharmacy benefits manager is in compliance with this subchapter. (2) The information or data acquired during an examination under subdivision (b)(1) of this section is: (A) Considered proprietary and confidential under § 23-61-107(a)(4) and § 23-61-207; and (B) Not subject to the Freedom of Information Act of 1967, § 25-19-101 et seq.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-92-508

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:23-92-508
Source file: gov.ar.code.title.23.odt
Pages: Not recorded – Not recorded
Passage SHA-256: e1ca18d48b0931f272857914fe4db1d72b60f9835baf19521bdb97ffb07d57ef

Source location: content.xml paragraph 56271

Stored source content

23-92-508. Enforcement. (a) The Insurance Commissioner shall enforce this subchapter. (b)(1) The commissioner may examine or audit the books and records of a pharmacy benefits manager providing claims processing services or other prescription drug or device services for a health benefit plan to determine if the pharmacy benefits manager is in compliance with this subchapter. (2) The information or data acquired during an examination under subdivision (b)(1) of this section is: (A) Considered proprietary and confidential under § 23-61-107(a)(4) and § 23-61-207; and (B) Not subject to the Freedom of Information Act of 1967, § 25-19-101 et seq.

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Arkansas Code — all titles (historical 2020) · legal_authorities

23-61-107. Records.

23-61-107. Records. (a)(1) The Insurance Commissioner shall enter, in permanent form, records of his or her official transactions, examinations, investigations, and proceedings and keep these records in his or her office. (2) These records and insurance filings in his or her office shall be open to public inspection, except as otherwise provided in the Arkansas Insurance Code with respect to particular records or filings. (3) Confidential data and reports provided to the commissioner by the National Association of Insurance Commissioners, including, but not limited to, insurers' Insurance Regulatory Information System ratios and examiner team synopses, shall be deemed privileged communications. These data and reports shall not be open to public inspection and shall not be admissible in evidence in any action or proceeding, other than those brought by the commissioner, nor shall any insurers, agents, or brokers, which may be the subject of the confidential reports, have a cause of action against the commissioner or his or her deputies, examiners, assistants, or employees or against the National Association of Insurance Commissioners, or its members, subscribers, officers, directors, assistants, or employees by reason of the furnishing of any such information to the commissioner. (4) The commissioner shall maintain as confidential, and not subject to subpoena, financial information regarding material transactions of insurers, as defined in § 23-63-1403 or other applicable laws or rules promulgated by the commissioner. (5)(A) In order to assist in the performance of the commissioner's duties, the commissioner may: (i) Share documents, materials, or other information, including confidential and privileged documents, materials, or information, with other state, f

Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-61-107

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 23-61-107. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

23-61-207. Confidentiality of ancillary information.

23-61-207. Confidentiality of ancillary information. All working papers, recorded information, documents, and copies produced by, obtained by, or disclosed to the Insurance Commissioner or any other person in the course of an examination made under this subchapter must be given confidential treatment and are not subject to subpoena and may not be made public by the commissioner or any other person, except to the extent provided in § 23-61-205. In addition, all workpapers, financial statement analyses, ratio calculations, and any other materials produced by State Insurance Department financial examiners or analysts, or documents submitted or disclosed to the department by an insurer in response to a request from the commissioner or a department financial examiner or analyst during the course of reviewing or investigating the financial solvency, condition, or affairs of an insurer, shall be confidential and not subject to subpoena, except to the extent as provided in § 23-61-205. Access may also be granted to the National Association of Insurance Commissioners. The parties must agree in writing prior to receiving the information to provide to it the same confidential treatment as required by this section, unless the prior written consent of the company to which it pertains has been obtained.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-61-207

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 23-61-207. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

25-19-101. Title.

25-19-101. Title. This chapter shall be known and cited as the “Freedom of Information Act of 1967”.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 25-19-101

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 25-19-101. This identifies an authority to review, not proof of applicability.