§ 23-86-301. Title
This subchapter may be cited as the “Arkansas Health Insurance Portability and Accountability Act of 1997”.
§ 23-86-302. Effective date — Limitation of actions — Applicability
(a) In General. Except as provided in this section, this subchapter and the amendments made by this section shall apply with respect to group health plans for plan years beginning after June 30, 1997. (b) Determination of Creditable Coverage. (1) Period of Coverage — In General. Subject to subdivision (b)(2)(A) of this section, no period […]
§ 23-86-303. Definitions
As used in this subchapter: (1) “Affiliation period” means a period that, under the terms of the coverage offered by the health maintenance organization, must expire before the coverage becomes effective; (2) “Bona fide association” means, with respect to health insurance coverage offered in Arkansas, an association that: (A) Has been actively in existence for […]
§ 23-86-304. Increased portability through limitation on preexisting conditions exclusions
(a) Limitation on Preexisting Condition Exclusion Period — Crediting for Periods of Previous Coverage. Subject to subsection (d) of this section, a group health plan and a health insurance issuer offering group health insurance coverage may, with respect to a participant or beneficiary, impose a preexisting condition exclusion only if: (1) The preexisting condition exclusion […]
§ 23-86-305. Group health plan — Application of certain rules in determination of employer size
(a) Application of Aggregation Rule for Employers. All persons treated as a single employer under subsection (b), subsection (c), subsection (m), or subsection (o) of section 414 of the Internal Revenue Code of 1986 shall be treated as one (1) employer. (b) Employers Not in Existence in Preceding Year. In the case of an employer […]
§ 23-86-306. Prohibiting discrimination against individual participants and beneficiaries based on health status
(a) Ineligibility to Enroll. (1) In General. Subject to subdivision (a)(2) of this section, a group health plan and a health insurance issuer offering group health insurance coverage in connection with a group health plan may not establish rules for eligibility including continued eligibility of any individual to enroll under the terms of the group […]
§ 23-86-307. Guaranteed renewability in multiemployer plans and multiple employer welfare arrangements
A group health plan which is a multiemployer plan or which is a multiple employer welfare arrangement may not deny an employer whose employees are covered under such a plan continued access to the same or different coverage under the terms of such a plan, other than: (1) For nonpayment of contributions; (2) For fraud […]
§ 23-86-308. Rules of construction
Nothing in this subchapter shall be construed as requiring a group health plan or health insurance coverage to provide specific benefits under the terms of such a group health plan or health insurance coverage.
§ 23-86-309. Special rules relating to group health plans
(a) General Exception for Certain Small Group Health Plans. The requirements of this subchapter shall not apply to any group health plan or group health insurance coverage offered in connection with a group health plan for any plan year if, on the first day of the group health plan year, the group health plan has […]
§ 23-86-310. Excepted benefits — Definition
For purposes of this section, the term “excepted benefits” means benefits under one (1) or more, or any combination thereof, of the following: (1) Benefits not subject to requirements: (A) Coverage only for accident or disability income insurance, or any combination thereof; (B) Coverage issued as a supplement to liability insurance; (C) Liability insurance, including […]
§ 23-86-311. Guaranteed renewability of coverage for employers in the group market
(a) In General. Except as provided in this section, if a health insurance issuer offers health insurance coverage in the small-group market or the large-group market in connection with a group health plan, the issuer must renew or continue in force that coverage at the option of the plan sponsor. (b) General Exceptions. A health […]
§ 23-86-312. Guaranteed availability of coverage for employers in the small-group market
(a) Issuance of Coverage in the Small-Group Market — In General. Subject to subsections (b)-(e) of this section, each health insurance issuer that offers health insurance coverage in the small-group market in Arkansas: (1) Must accept every small employer in Arkansas that applies for that health insurance coverage; and (2) Must accept for enrollment under […]
§ 23-86-313. Disclosure of information
(a) Disclosure of Information by Health Insurance Issuers. In connection with the offering of any health insurance coverage to a small employer, a health insurance issuer: (1) Shall make a reasonable disclosure to the small employer as part of its solicitation and sales materials of the availability of information described in subsection (b) of this […]
§ 23-86-314. Exclusion of certain plans
(a) Exception for Certain Small Group Health Plans. The requirements of § 23-86-304, limitation on preexisting conditions, § 23-86-306, prohibiting discrimination based on health status, § 23-86-311, guaranteed renewability, § 23-86-312, guaranteed availability, and § 23-86-313, disclosure of information, of this subchapter shall not apply to any group health plan and health insurance coverage offered […]