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§ 23-61-101. State Insurance Department — Continuation — Assignment of space

(a) (1) There is created the State Insurance Department. (2) The State Insurance Department is a division of the Department of Commerce. (b) Suitable space shall be assigned for the use of the State Insurance Department. (c) (1) (A) The purpose of the State Insurance Department is to serve and protect the public interest by […]

§ 23-61-102. Insurance Commissioner

(a) The head of the State Insurance Department shall be the Insurance Commissioner appointed by the Governor with the advice and consent of the Senate. No person shall be eligible for appointment as commissioner unless a citizen of this state and at least thirty (30) years of age. (b) The commissioner shall serve at the […]

§ 23-61-103. Insurance Commissioner — Powers and duties

(a) The Insurance Commissioner shall enforce the provisions of the Arkansas Insurance Code and shall execute the duties imposed upon him or her by the Arkansas Insurance Code. (b) The commissioner shall have the powers and authority expressly conferred upon him or her by or reasonably implied from the provisions of the Arkansas Insurance Code. […]

§ 23-61-104. Deputies, assistants, and other employees — Appointment — Duties

(a) The Insurance Commissioner, in consultation with the Secretary of the Department of Commerce, may appoint such assistants and deputies and such examiners, attorneys, clerks, stenographers, and other personnel as may be necessary to assist him or her in the discharge of the duties imposed upon him or her under the Arkansas Insurance Code and […]

§ 23-61-106. Insurance Commissioner, deputies, assistants, and other employees — Financial interest prohibited — Exception

(a) The Insurance Commissioner, any deputy, examiner, assistant, or employee of the commissioner, or any employee of the Department of Commerce working for the State Insurance Department shall not be financially interested, directly or indirectly, in any insurer, insurance agency, or insurance transaction, except as: (1) A policyholder or claimant under a policy; (2) A […]

§ 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 […]

§ 23-61-108. Rules

(a) (1) The Insurance Commissioner, in consultation with the Secretary of the Department of Commerce, may make reasonable rules necessary for or as an aid to the effectuation of any provision of the Arkansas Insurance Code. (2) No rule shall extend, modify, or conflict with any law of this state or the reasonable implications thereof. […]

§ 23-61-109. Orders and notices

(a) Orders and notices of the Insurance Commissioner shall be effective only when in writing signed by the commissioner by his or her authority. (b) Every order shall state its effective date and shall concisely state: (1) Its intent or purpose; (2) The grounds on which based; and (3) The provisions of the Arkansas Insurance […]

§ 23-61-110. Enforcement generally

(a) (1) (A) The Insurance Commissioner may institute such suits or other legal proceedings as may be required for enforcement of any provisions of the Arkansas Insurance Code. (B) In addition, the commissioner may intervene in any civil suit or administrative hearing initiated by another party against any person or entity regulated by the commissioner […]

§ 23-61-111. Enforcement — Foreign decrees

(a) As used in this section and § 23-61-110: (1) “Foreign decree” means any decree or order in equity of a court located in a reciprocal state, including a court of the United States located therein, against any insurer incorporated or authorized to do business in this state; and (2) “Reciprocal state” means any state […]

§ 23-61-112. Annual report

(a) As early in the calendar year as reasonably possible, the Insurance Commissioner annually shall prepare and deliver a report to the Secretary of the Department of Commerce showing, with respect to the preceding calendar year: (1) Names of the authorized insurers transacting insurance in this state, with a summary of their financial statements that […]

§ 23-61-113. Disclosure of nonpublic personal information

(a) A person shall not disclose any nonpublic personal information contrary to the provisions of Title V of the Gramm-Leach-Bliley Act, Pub. L. No. 106-102. (b) (1) The Insurance Commissioner shall adopt rules governing the treatment of consumer financial and protected health information by the Arkansas Comprehensive Health Insurance Pool and by all licensed insurers, […]

§ 23-61-115. Policyholder’s Bill of Rights

(a) The principles expressed in subsection (b) of this section shall serve as standards to be followed by the Insurance Commissioner in: (1) Exercising the commissioner’s powers and duties; (2) Exercising administrative discretion; (3) Dispensing administrative interpretations of the law; and (4) Adopting rules. (b) Policyholders have the right to: (1) Competitive pricing practices and […]

§ 23-61-116. Annual report on health insurance fraud

Annually on or before March 1, the Insurance Commissioner shall submit to the Secretary of the Department of Commerce, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, and the Attorney General a report summarizing the State Insurance Department’s activities to investigate and combat health insurance fraud, including without limitation […]

§ 23-61-117. Risk-based provider organizations

(a) The Insurance Commissioner shall regulate the licensing and financial solvency of risk-based provider organizations, as defined in § 20-77-2703, participating in the Medicaid provider-led organized care system for enrollable Medicaid beneficiary populations as defined in § 20-77-2703. (b) The commissioner may: (1) Issue rules to implement this section; (2) Impose and collect a reasonable […]