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23-99-1203. All-products clause — Prohibition.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-99-1203. All-products clause — Prohibition.
(a) Except as provided in subsections (b) and (d) of this section, a contracting entity shall not:
(1) Offer to a healthcare provider a healthcare contract that includes an all-products clause;
(2) Enter into a healthcare contract with a healthcare provider that includes an all-products clause; or
(3) Amend or renew an existing healthcare contract previously entered into with a healthcare provider so that the healthcare contract as amended or renewed adds or continues to include an all-products clause.
(b)(1) This section does not prohibit a contracting entity from:
(A) Offering a healthcare provider a contract that covers multiple health benefit plans that have the same reimbursement rates and other financial terms for the healthcare provider;
(B) Adding a new health benefit plan to an existing healthcare contract with a healthcare provider under the same reimbursement rates and other financial terms applicable under the original healthcare contract; or
(C) Requiring a healthcare provider to accept multiple health benefit plans that do not differ in reimbursement rates or other financial terms for the healthcare provider.
(2) A healthcare contract may include health benefit plans or coverage options for enrollees within a health benefit plan with different cost-sharing structures, including different deductibles or copayments, as long as the reimbursement rates and other financial terms between the contracting entity and the healthcare provider remain the same for each plan or coverage option included in the healthcare contract.
(3) This section does not authorize a healthcare provider to:
(A) Opt out of providing services to an enrollee of a particular health benefit plan after the healthcare provide
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-99-1203
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:23-99-1203
Source file: gov.ar.code.title.23.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 2ea39fe68bfed76adc2b1326e5cf3ea498a06799f36fa668dfe11a987f5fb2e4
Source location: content.xml paragraph 59911
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23-99-1203. All-products clause — Prohibition.
(a) Except as provided in subsections (b) and (d) of this section, a contracting entity shall not:
(1) Offer to a healthcare provider a healthcare contract that includes an all-products clause;
(2) Enter into a healthcare contract with a healthcare provider that includes an all-products clause; or
(3) Amend or renew an existing healthcare contract previously entered into with a healthcare provider so that the healthcare contract as amended or renewed adds or continues to include an all-products clause.
(b)(1) This section does not prohibit a contracting entity from:
(A) Offering a healthcare provider a contract that covers multiple health benefit plans that have the same reimbursement rates and other financial terms for the healthcare provider;
(B) Adding a new health benefit plan to an existing healthcare contract with a healthcare provider under the same reimbursement rates and other financial terms applicable under the original healthcare contract; or
(C) Requiring a healthcare provider to accept multiple health benefit plans that do not differ in reimbursement rates or other financial terms for the healthcare provider.
(2) A healthcare contract may include health benefit plans or coverage options for enrollees within a health benefit plan with different cost-sharing structures, including different deductibles or copayments, as long as the reimbursement rates and other financial terms between the contracting entity and the healthcare provider remain the same for each plan or coverage option included in the healthcare contract.
(3) This section does not authorize a healthcare provider to:
(A) Opt out of providing services to an enrollee of a particular health benefit plan after the healthcare provider has entered into a valid contract under this section to provide the services; or
(B) Refuse to disclose the provider networks or health benefit plans in which the healthcare provider participates.
(c)(1) A violation of this section is:
(A) An unfair trade practice under § 23-66-206; and
(B) Subject to the Trade Practices Act, § 23-66-201 et seq.
(2) If a healthcare contract contains a provision that violates this section, the healthcare contract is void.
(d) A contracting entity may require a healthcare provider to participate in the State and Public School Life and Health Insurance Program as a condition of contracting or continuing to contract with the healthcare provider for healthcare services under another health benefit plan, if:
(1) The other health benefit plan is an individual health plan not sold on the health insurance marketplace, as defined in § 23-64-602; and
(2) The rates offered to the healthcare provider for healthcare services to program enrollees are no lower than the rates paid to the healthcare provider under the other health benefit plan.
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Arkansas Code — all titles (historical 2020) · legal_authorities
23-64-602. Definitions.
As used in this subchapter:
(1) “Applicant” means a person who has applied to become licensed under this subchapter as a navigator, guide, certified application counselor, or certified licensed producer;
(2) “Certified application counselor” means a person who is licensed under this subchapter to assist in enrolling consumers in a variety of marketplace-designated organizations settings, including without limitation a healthcare facility, but is not compensated by federal marketplace funds;
(3) “Certified licensed producer” means a person who is:
(A) Licensed as an insurance producer as defined in § 23-64-502;
(B) Certified under this subchapter to:
(i) Educate consumers about health insurance marketplaces, Medicaid, tax credits, and other cost-sharing reductions; and
(ii) Assist consumers with enrollment in a health insurance marketplace;
(C) Eligible to receive commissions from health insurers; and
(D) Not compensated under the federal act, federal regulations, or any guidance issued under the federal act or federal regulations;
(4) “Consumer” means an individual, family, or small business located in this state;
(5) “Enrollment” means enrolling in a qualified health plan offered through a health insurance marketplace;
(6) “Federal act” means the federal healthcare laws established by Pub. L. No. 111-148, as amended by Pub. L. No. 111-152, and any amendments to or regulations or guidance issued under those statutes existing on the effective date of this act;
(7) “Guide” means a person who is licensed under this subchapter to provide in-person assistance and services as stated in 45 C.F.R. § 155.210;
(8)(A) “Health benefit plan” means a policy, contract, certificate, or agreement offered or issued by a health insurer
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-64-602
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 23-64-602. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-66-201. Title.
This subchapter may be referred to as the “Trade Practices Act”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-66-201
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 23-66-201. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-66-206. Unfair methods of competition and unfair or deceptive acts or practices defined.
The following are defined as unfair methods of competition and unfair or deceptive acts or practices in the business of insurance:
(1) “Boycott, coercion, and intimidation” means entering into any agreement to commit or, by any concerted action, committing any act of boycott, coercion, or intimidation resulting in or tending to result in unreasonable restraint of, or monopoly in, the business of insurance;
(2) “Churning of business” means a situation in which the licensee replaces an existing policy of life insurance or accident and health insurance, or both, and that replacement is:
(A) Not in accordance with § 23-66-307; or
(B) Without objective demonstration by the licensee of the purpose of replacing the policy for the benefit and betterment of the insured;
(3) “Defamation” means making, publishing, disseminating, or circulating, directly or indirectly, or aiding, abetting, or encouraging the making, publishing, disseminating, or circulating of any oral or written statement or of any pamphlet, circular, article, or literature that is false or maliciously critical of or derogatory to the financial condition of any person and that is calculated to injure that person;
(4)(A) “Failure to maintain complaint handling procedures” means failing to adopt and implement reasonable standards for the prompt handling of complaints received by the person from insureds or claimants, or from the Insurance Commissioner on behalf of insureds or claimants, and failing to keep a record of the complaints received.
(B) A complete complaints register of all complaints that the person has received shall be maintained for the current year plus five (5) calendar years. This complaints re
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-66-206
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 23-66-206. This identifies an authority to review, not proof of applicability.