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4-106-201. Prohibited practices.
Arkansas Code — all titles (historical 2020) · legal_authorities
4-106-201. Prohibited practices.
It shall be unlawful and a violation of this subchapter for any person to sell, market, promote, advertise, or otherwise distribute any card or other purchasing mechanism or device which is not insurance that purports to offer discounts or access to discounts from health care providers in health-related purchases if:
(1) The card or other purchasing mechanism or device does not expressly provide in bold and prominent type that the discounts are not insurance;
(2) The card or other purchasing mechanism or device does not expressly provide in bold and prominent type on the card or in a statement attached to the card that the consumer has the right to cancel his or her registration within thirty (30) days from the effective date of the card or other purchasing mechanism or device;
(3) The discounts are not specifically authorized by an individual and separate contract with each health care provider listed in conjunction with the card or other purchasing mechanism or device;
(4) The discounts or access to discounts offered or the range of discounts or access to the range of discounts offered are, regardless of the literal wording used:
(A) Misleading;
(B) Deceptive; or
(C) Fraudulent;
(5) The card or any advertisements for the card in any form include words or phrases that are commonly associated with the business of insurance, such as “health plan”, “ preexisting condition”, or “coverage”, in a way that could have a tendency to deceive the public into believing that the cards are a form of insurance;
(6) The contract for the card or other purchasing mechanism or device, or any other document that is provided to the consumer at the time the card or other purchasing mechanism or device is received, does not contain:
(A) I
Source: Arkansas Code — historical release 78 (November 6, 2020) · 4-106-201
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. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:4-106-201
Source file: gov.ar.code.title.04.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 744dcad29a44c0d1169d09b08fec8218c1661ff6d0efda52fe254d7a238fcd05
Source location: content.xml paragraph 37578
Stored source content
4-106-201. Prohibited practices.
It shall be unlawful and a violation of this subchapter for any person to sell, market, promote, advertise, or otherwise distribute any card or other purchasing mechanism or device which is not insurance that purports to offer discounts or access to discounts from health care providers in health-related purchases if:
(1) The card or other purchasing mechanism or device does not expressly provide in bold and prominent type that the discounts are not insurance;
(2) The card or other purchasing mechanism or device does not expressly provide in bold and prominent type on the card or in a statement attached to the card that the consumer has the right to cancel his or her registration within thirty (30) days from the effective date of the card or other purchasing mechanism or device;
(3) The discounts are not specifically authorized by an individual and separate contract with each health care provider listed in conjunction with the card or other purchasing mechanism or device;
(4) The discounts or access to discounts offered or the range of discounts or access to the range of discounts offered are, regardless of the literal wording used:
(A) Misleading;
(B) Deceptive; or
(C) Fraudulent;
(5) The card or any advertisements for the card in any form include words or phrases that are commonly associated with the business of insurance, such as “health plan”, “ preexisting condition”, or “coverage”, in a way that could have a tendency to deceive the public into believing that the cards are a form of insurance;
(6) The contract for the card or other purchasing mechanism or device, or any other document that is provided to the consumer at the time the card or other purchasing mechanism or device is received, does not contain:
(A) Information in bold and prominent type that a consumer has the right to cancel his or her registration within thirty (30) days from the effective date of the card or other purchasing mechanism or device; and
(B) Instructions on how a consumer may cancel his or her registration;
(7) Printed advertisements and other printed promotional materials concerning the card or other purchasing mechanism or device do not expressly provide in bold and prominent type that:
(A) The discounts are not insurance; and
(B) The card or other purchasing mechanism or device contains a thirty-day cancellation period; and
(8) Electronic advertisements and other electronic promotions concerning the card or other purchasing mechanism or device, including, but not limited to, radio, television, the Internet, and telephone solicitations, do not expressly state in a prominent manner that:
(A) The discounts are not insurance; and
(B) A consumer has the right to cancel the registration within a thirty-day period under § 4-106-205.
Cross-references
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Arkansas Code — all titles (historical 2020) · legal_authorities
4-106-205. Right to rescind contract — No waiver of claims.
(a) In addition to any other right to revoke an offer, a buyer who enters into a contract for the purchase of a health-related discount card or other purchasing mechanism or device has the absolute right to cancel the contract and receive a full refund without penalty until midnight of the thirtieth calendar day after the effective date of the card or other purchasing mechanism or device.
(b) The acceptance or use of any card or other purchasing mechanism or device is not a waiver of:
(1) Any claim that may be asserted under this subchapter or under § 4-88-101 et seq.; or
(2) Any other applicable criminal, civil, or administrative penalties.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 4-106-205
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 4-106-205. This identifies an authority to review, not proof of applicability.