§ 23-92-509. Rules
(a) (1) The Insurance Commissioner may adopt rules regulating pharmacy benefits managers that are not inconsistent with this subchapter. (2) Rules that the commissioner may adopt under this subchapter include without limitation rules relating to: (A) Licensing; (B) Application fees; (C) Financial solvency requirements; (D) Pharmacy benefits manager network adequacy; (E) Prohibited market conduct practices; […]
§ 23-92-510. Applicability
(a) This subchapter is applicable to a contract or health benefit plan issued, renewed, recredentialed, amended, or extended on and after September 1, 2018. (b) A contract existing on the date of licensure of the pharmacy benefits manager shall comply with the requirements of this subchapter as a condition of licensure for the pharmacy benefits […]
§ 23-92-207. Books and records
(a) Every administrator shall maintain at its principal administrative office for the duration of the written agreement referred to in § 23-92-202 and five (5) years thereafter adequate books and records of all transactions between it, self-insured plans, trusts, and covered individuals. These books and records shall be maintained in accordance with prudent standards of […]
§ 23-92-415. Licensing of employer service assurance organizations
(a) (1) No employer service assurance organization shall provide any service relating to the regulation of professional employer organizations, and no state agency, professional employer organization, or insurer shall utilize the services of the organization for those purposes unless the organization has obtained a license from the Insurance Commissioner. (2) No state agency, professional employer […]
§ 23-92-208. Compensation
The compensation for an administrator may be based on: (1) Premiums or charges collected; (2) The number of claims paid or processed; or (3) Some other fair and equitable basis provided by the contract.
§ 23-92-416. Employer service assurance organizations — Prohibited activities
(a) No employer service assurance organization shall attempt to monopolize or to combine or conspire with any other person to monopolize any market or make any arrangement with any professional employer organization, employer service assurance organization, or other person that has the purpose or effect of unreasonably restraining trade or of substantially lessening competition in […]
§ 23-92-401. Title
This subchapter may be cited as the “Arkansas Professional Employer Organization Recognition and Licensing Act”.
§ 23-92-417. Employer service assurance organization — Permitted activities
In addition to other activities permitted, any employer service assurance organization may: (1) Provide services under § 23-92-414 and § 23-92-419(b); (2) Develop and administer standards, procedures, and programs of accreditation and financial assurance and other services for professional employer organizations and state agencies unless otherwise prohibited by law; and (3) Furnish any other services […]
§ 23-92-402. Definitions
As used in this subchapter: (1) “Client” means any person who enters into a coemployment relationship as a coemployer with a professional employer organization; (2) “Coemployer” means a professional employer organization or a client of a professional employer organization; (3) “Coemployment relationship” means: (A) As between coemployers, a relationship in which the rights, duties, and […]
§ 23-92-403. Relationship to other laws
(a) (1) Neither this subchapter nor any professional employer agreement shall affect, modify, or amend any collective bargaining agreement or the rights or obligations of any client, professional employer organization, or covered employee under the National Labor Relations Act, as it existed on January 1, 2003. (2) This subchapter preserves all rights to which a […]