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ARKids First
Act 771 (SB65) – The act provides for improvements to the ARKids First A and B
programs to increase enrollment, improve retention of coverage, and minimize
barriers in the application process. The act’s provisions will be implemented
only if and to the extent the necessary federal waivers are obtained and
required state general revenue is available.
Burial Association
Act 875 (HB1486) – The act amends Arkansas law concerning burial associations;
repeals a requirement for the Executive Secretary of the Burial Association
Board to furnish a bond to the board; requires an application fee and proof of a
deposit to the burial association’s mortuary fund when submitting an application
for a certificate of authority; amends the time the Burial Association Board may
collect the annual license fee; and amends the provisions governing the
semiannual report filed by a burial association with the board and the process
for revoking a certificate of authority, charter, or other authority by the
board.
Consultant Fees
Act 797
(SB768) – The act provides that a licensed insurance consultant who is also a
licensed producer may adjust or refund to his or her clients any part of a
consulting fee under a prior written agreement with a client who pays total
annual premiums, for all lines of business of one hundred thousand dollars
($100,000) or more based on commissions received by the consultant from
insurers; that the adjustment or refund does not constitute a prohibited
“rebate” or “unfair discrimination”; and that the Insurance Commissioner may
promulgate rules to implement the act.
Insurance
Dental Insurance – Noncovered Dental Services
Act 566 (HB1425) – The act removes insurance restrictions on dentists by
insurance companies for noncovered dental services. The act declares an
emergency and became effective on March 22, 2011.
Domestic Surplus Lines Insurers
Act 332 (SB45) – The act establishes licensure requirements of domestic surplus
lines insurers. The act declares an emergency and became effective on March 18,
2011.
Gastric Pacemakers – Coverage Required
Act 1042 (HB1915) – The act requires health insurance plans to provide coverage
for gastric pacemakers.
In Vitro Fertilization – Certification
Act 1119 (SB213) – The act provides coverage for in vitro fertilization if the
services and procedures conform to certain guidelines and minimum standards.
Insurance Department
Autism
Act 196 (HB1315) – The act provides health insurance coverage for autism
spectrum disorders under the Arkansas Health Care Consumer Act. The act is
effective on and after October 1, 2011.
Child-Only Insurance
Act 269 (HB1428) – The act requires insurers to establish an open enrollment
period of October 1 through October 31, and to issue individual health insurance
coverage for child-only individual health insurance policies until January 1,
2014. The act provides that a refusal prior to October 1, 2011 by an insurer to
issue individual health insurance coverage to a child under nineteen (19) years
of age allows the child to be eligible for the Arkansas Comprehensive Health
Insurance Pool until September 30, 2011, and provides that after September 30,
2011, the Board of Directors of the Arkansas Comprehensive Health Insurance Pool
shall determine the eligibility of a child under nineteen (19) years of age
under the Comprehensive Health Insurance Pool Act. The act declares an
emergency and became effective on March 14, 2011.
Farm Mutual Aid – Surplus Requirements
Act 523 (HB1816) – The act amends the surplus requirement
for Farmers’ Mutual Aid Associations.
General Omnibus and Technical Corrections
Act 760 (HB1806) – The act enacts the State Insurance
Department’s general omnibus bill; to update and make technical corrections to
numerous insurance laws and improve the Insurance Commissioner’s ability to
administer the insurance laws and internal procedures of the department. The
act provides that non-department personnel may act as independent hearing
officers; sets the minimum levels for employee stop loss coverage; requires
insurers to file with the commissioner audited financial statements; amends the
risk-based capital laws for insurers and health maintenance organizations;
allows for the commissioner to issue emergency cease and desist orders; revised
the continuing education requirements for licensees; voids non-resident producer
licenses by operation of law; allows additional grounds to producer discipline
and a notice and right to cure for all insurers; requires stock insurers to file
bylaws with the commissioner; applies risk-based capital laws to health and
medical service corporations; requires prior approval by the commissioner of a
merger or acquisition of a health maintenance organization; removes the cap on
reimbursement for children’s preventative health care; and amends the law
regarding coordination of benefits.
Insurance Holding Company Regulatory Act
Act 887 (HB1815) – The act amends and makes technical
changes to the Insruance Holding Company Regulatory Act.
Market Conduct Annual Statements
Act 1034 (HB1813) – The act requires insurers to file a
market conduct annual statement with the Insurance Commissioner.
Renewal And Cancellation
Act 1034 (HB 1814) – The act establishes rule-making
authority for the Insurance Commissioner to construe the renewal and
cancellation provisions of insurance policies for the protection of
policyholders.
Insurance Policies – Misrepresentations
Act 1054 (HB2137) – The act revises the circumstances
barring recovery under a life insurance of accident and health insurance policy
for misrepresentations during the application process.
Liability Insurance – Commercial General Liability Insurance
Act 604 (HB1439) – The act requires commercial general
liability insurance policies offered for sale in the state to contain a
definition of “occurrence” that includes accidents, including continuous or
repeated exposure to substantially the same general harmful conditions and
property damage or bodily injury resulting from faulty workmanship.
Motor Vehicle Liability Insurance – Towing and Impounding
Act 1046 (HB1953) - The act allows a law enforcement
officer, under certain circumstances, to impound a motor vehicle that does not
have the minimum liability insurance required by law or a certificate of
self-insurance.
Motor Vehicles – Removal From Storage Facilities By Agent
Act 1206 (HB1559) – The act authorizes the agent of an
insurance company to remove a total-loss vehicle from a storage facility under
certain conditions.
Multi-State Agreements
Act 1055 (HB2143) – The act provides authority for the
Insurance Commissioner to enter into multi-state agreements with other
jurisdictions to administer taxes or surplus lines insurers. The act declares
an emergency and became effective on April 4, 2011.
Obesity – Pilot Program
Act 855 (SB66) – The act creates a pilot program requiring
health benefit plans to provide coverage for the treatment of morbid obesity.
The act is effective on and after January 1, 2012.
Portable Electronics
Act 1018 (SB938) – The act regulates the sale of insurance
for portable electronics.
Prior Authorization
Act 1155 (SB839) – The act requires that an adverse prior
authorization determination made by a utilization review agent shall be based on
medical necessity or on the appropriateness of the health care services and
shall be based on written clinical criteria.
Surplus Lines Insurers – Multi-State Agreements
Act 1055 (HB2143) – The act provides authority for the
Insurance Commissioner to enter into multi-state agreements with other
jurisdictions to administer taxes on surplus lines insurers. The Act declares
an emergency and became effective on April 4, 2011.
Title Insurance – Closing Protection
Act 515 (SB309) – The act amends the definitions used in the
Arkansas Title Insurance Act. The act authorizes a title insurer to issue
closing protection to a party to the closing if the title insurer and the
closing agent are in privity of contract.
Total Loss Claims for Motor Vehicles – Obtaining Salvage or
Parts Only Title.
Act 285 (HB1371) – The act creates an alternative procedure
for an insurance company to obtain the title of a motor vehicle after disbursing
a total loss settlement payment for the motor vehicle. The title issued by the
Office of Motor Vehicle under this act is a salvage or parts-only title in the
name of the insurance company.
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