Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas 1
94th General Assembly A Bill 2
Regular Session, 2023 HOUSE BILL 1037 3
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By: Representative Pilkington 5
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For An Act To Be Entitled 7
AN ACT TO ESTABLISH THE RIGHT TO START P ILOT PROGRAM 8
FOR HEALTHCARE PORTA BILITY; TO ENCOURAGE ENTREPRENEUR 9
HEALTH INSURANCE POR TABILITY AND TAX SUP PORT; AND FOR 10
OTHER PURPOSES. 11
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Subtitle 14
TO ESTABLISH THE RIGHT TO START PILOT 15
PROGRAM FOR HEALTHCARE PORT ABILITY. 16
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 19
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SECTION 1. DO NOT CODIFY. Title. This act shall be known and may be 21
cited as the "Right to Start Pilot Program for Healthcare Portability Act". 22
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SECTION 2. Arkansas Code Title 23, Chapter 61, Subchapter 1, is 24
amended to add an additional section to read as follows: 25
23-61-118. Right to Start Pilot Program for Healthcare Portability — 26
Definition. 27
(a) The Insurance Commissioner shall develop, implement, and 28
administer a program to be known as the "Right to Start Pilot Program for 29
Healthcare Portability". 30
(b) The purpose of the program is to encourage and assist 31
entrepreneurs by providing health insurance portability and tax support 32
associated with the formation of a small business in this state. 33
(c) As used in this section, "entrepreneur" means an individual 34
starting a small business who meets the eligibility criteria established by 35
the commissioner for the program. 36 HB1037
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(d) The commissioner shall promulgate rules to establish criteria for 1
the review and approval of applications for the program. 2
(e) The commissioner shall ensure that the program will provide access 3
to statewide group health insurance benefits and tax support for an 4
entrepreneur. 5
(f) An entrepreneur may apply to the commissioner for available health 6
insurance benefits and tax support, using the form prescribed by the 7
commissioner, before obtaining health insurance for the small business for 8
which the entrepreneur seeks assistance the program under this section. 9
(g)(1) Health insurance benefits and tax support under the program 10
shall be provided in the manner determined by the commissioner. 11
(2) Assistance from the commissioner for health insurance 12
benefits and tax support under the program shall be limited to the first 13
three (3) years of the formation of the small business. 14
(h)(1) An entrepreneur participating in the program shall file annual 15
reports with the commissioner. 16
(2) The annual reports described in subdivision (h)(1) of this 17
section shall include without limitation: 18
(A) The current status of the small business or the date 19
the small business ceased operations; 20
(B) The number of employees employed by the small business 21
participating in the program; 22
(C) The number and amount of claims filed by employees of 23
the small business participating in the program; and 24
(D) The economic impact of the tax support provided to the 25
small business by the commissioner. 26
(i) The Secretary of State shall provide notice of the program to an 27
entrepreneur filing for the formation of a small business in this state. 28
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SECTION 3. TEMPORARY LANGUAGE. DO NOT CODIFY. Rules. 30
(a) The Insurance Commissioner shall promulgate rules necessary to 31
implement this act. 32
(b)(1) When adopting the initial rules to implement this act, the 33
final rule shall be filed with the Secretary of State for adoption under § 34
25-15-204(f): 35
(A) On or before January 1, 2024; or 36 HB1037
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(B) If approval under § 10-3-309 has not occurred by 1
January 1, 2024, as soon as practicable after approval under § 10-3-309. 2
(2) The commissioner shall file the proposed rule with the 3
Legislative Council under § 10-3-309(c) sufficiently in advance of January 1, 4
2024, so that the Legislative Council may consider the rule for approval 5
before January 1, 2024. 6
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