Ark. Code § 23-99-1210

Current with legislation from 2024 Fiscal and Special Sessions.

Section 23-99-1210 - Healthcare contract or provider network - Prohibition

(a) A healthcare insurer shall not:

(1) Lease, rent, or sell a healthcare contract or provider network of a health benefit plan to another healthcare insurer or third-party administrator; or

(2) In any manner allow the use of a healthcare contract or provider network of a health benefit plan by another healthcare insurer or third-party administrator.

(b)

(1) A violation of this section is:

(A) An unfair trade practice under § 23-66-206; and

(B) Subject to the Trade Practices Act, § 23-66-201 et seq.

(2) If a healthcare contract contains a provision that violates this section, then the provision under the healthcare contract is void.

(c) This section does not apply if a healthcare insurer:

(1) Grants access to the healthcare insurer's provider network contract to another healthcare insurer or entity that is:

(A) An affiliate of the healthcare insurer; or

(B) Operating according to the same brand licensee program as the healthcare insurer; or

(2) Provides notice of the intent to lease, rent, or sell a healthcare contract or provider network of a health benefit plan to another healthcare insurer or third-party administrator;

(3) Allows a healthcare provider that is a party to the healthcare contract or provider network of a health benefit plan the opportunity to opt out of participating in the:

(A) Proposed lease, rental, or sale of a healthcare contract or provider network of a health benefit plan entirely upon the execution or renewal of the healthcare contract; and

(B) Lease, rental, or sale of a healthcare contract with respect to an individual healthcare insurer or third-party administrator upon notice that the individual healthcare insurer or third-party administrator has violated the terms of the healthcare contract; and

(4) Provides contact information for the healthcare insurer or third-party administrator using the healthcare contract or provider network of a health benefit plan, including without limitation:

(A) Contact name;

(B) Mailing address;

(C) Direct telephone number for customer service matters; and

(D) Direct email address for customer service matters.

Ark. Code § 23-99-1210

Added by Act 2023, No. 576,§ 5, eff. 8/1/2023.