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§ 23-93-201. Definitions

As used in this subchapter: (1) “Commissioner” means the Insurance Commissioner; (2) “Department” means the State Insurance Department; (3) “Entrance fee” means a payment that assures a resident a place in a facility for a term of years or for life; (4) “Facility” means a place which provides life care; (5) “Hazardous financial condition” means […]

§ 23-93-202. Continuing Care Provider Regulation Act — Applicability

(a) In addition to this subchapter, a life care provider is subject to the Continuing Care Provider Regulation Act, § 23-93-101 et seq. (b) (1) A life care provider shall not be established, conducted, or maintained in this state without obtaining a license from the Insurance Commissioner. (2) However, a life care provider established before […]

§ 23-93-203. License not transferable — Limitation on contracts

(a) No license is transferable, and no license issued pursuant to this subchapter has value for sale or exchange as property. (b) No provider or other owning entity shall sell or transfer ownership of the facility or enter into a contract with a third-party provider for management of the facility unless the State Insurance Department […]

§ 23-93-204. Issuance of license

The State Insurance Department shall issue a license upon its affirmative determination that all of the following requirements have been met: (1) The provider can fulfill its obligation under the life care contract if the resident complies with the terms of the offer; (2) There is reasonable assurance that all proposed improvements can be completed […]

§ 23-93-205. Violations

(a) The license of a provider shall remain in effect until revoked after notice and hearing upon written finding of fact by the State Insurance Department that the provider has: (1) Willfully violated any provision of this subchapter, or any rule promulgated under this subchapter; (2) Failed to file an annual disclosure statement or standard […]

§ 23-93-206. Fees

(a) (1) An application for a license shall consist of a statement containing the items set forth in this subchapter, together with a filing fee in the amount of four hundred dollars ($400) plus forty dollars ($40.00) per living unit made payable to the Treasurer of State. (2) In the event living units are added […]

§ 23-93-207. Application

The application for a license shall contain the following documents and information: (1) (A) An appointment of an Arkansas resident to serve as the registered agent for the provider shall be filed with the State Insurance Department. Thereafter, the registered agent shall be authorized to receive service of any lawful process in any proceeding arising […]