Arkansas 2025 2025 Regular Session

Arkansas House Bill HB1419 Draft / Bill

Filed 02/05/2025

                    Stricken language would be deleted from and underlined language would be added to present law. 
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State of Arkansas     1 
95th General Assembly A Bill     2 
Regular Session, 2025  	HOUSE BILL 1419 3 
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By: Representative Steimel 5 
By: Senator J. Boyd 6 
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For An Act To Be Entitled 8 
AN ACT TO AMEND THE ARKANSAS WORKERS' COMPENSATION 9 
INSURANCE PLAN; TO REVISE THE REPORTING REQUIREMENTS 10 
FOR THE ARKANSAS WORKERS' COMPENSATION INSURANCE 11 
PLAN; TO AMEND THE ADMINISTRATION AND PLAN SELECTION 12 
PROCESS UNDER THE ARKANSAS WORKERS' COMPENSATION 13 
INSURANCE PLAN; AND FOR OTHER PURPOSES. 14 
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Subtitle 17 
TO AMEND THE ARKANSAS WORKERS' 18 
COMPENSATION INSURANCE PLAN; AND TO 19 
REVISE THE REPORTING REQUIREMENTS FOR 20 
THE ARKANSAS WORKERS' COMPENSATION 21 
INSURANCE PLAN. 22 
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 24 
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 SECTION 1.  Arkansas Code ยง 23 -67-313 is amended to read as follows: 26 
 23-67-313.  Competitive selection. 27 
 (a)(1) The Insurance Commissioner shall make a good faith effort to 28 
comply with the intent of the provisions requiring competitive selection of 29 
the administrator of the Arkansas Workers' Compensation Insurance Plan and 30 
servicing carriers. 31 
 (2) The administrator and servicing carriers under subdivision 32 
(a)(1) of this section shall be competitively selected no less often than 33 
every three (3) years. 34 
 (3) Consideration for the selection of the administrator and 35 
servicing carriers under subdivision (a)(1) of this section shall include 36    	HB1419 
 
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cost, finances, operating and service capabilities, and the record of service 1 
and other factors deemed necessary for the effective and proper operation of 2 
the plan.  3 
 (b) The commissioner may suspend formal bidding for the administrator 4 
provided that if: 5 
 (1)  The commissioner has sought and compared other 6 
administrative services available; 7 
 (2)  The commissioner deems there to have been in the interim a 8 
satisfactory improvement in administrator and servicing carrier performance; 9 
 (3)  The commissioner judges continuation of the present 10 
administrator subject to the modifications herein set forth and to hereafter 11 
be under this section and promulgated by rule of the commissioner to be in 12 
the best interests of Arkansas; 13 
 (4)(A) Coverage and service is adequately and properly provided 14 
to Arkansas employers entitled to insurance, and coverage is provided in 15 
other states for employees of Arkansas employers to the extent possible and 16 
the proper coverage is in the best interests of the employers and plan 17 
operations.  18 
 (B) Adequate coverage of employees while working on a 19 
temporary or occasional basis in other states is essential to Arkansas 20 
employers and employees; and 21 
 (5)  The administrator has an office in Arkansas and the office 22 
has the staff and authority necessary to properly serve Arkansas employers 23 
and the commissioner in accordance with the provisions of this act under this 24 
subchapter. 25 
 (b)  The commissioner shall review the plan operations to ensure 26 
compliance with this act. The commissioner shall review and report to the 27 
Legislative Council and the Senate Committee on Insurance and Commerce and 28 
the House Committee on Insurance and Commerce by September 1 of each year, 29 
with the first report to be submitted no later than September 1, 1997, 30 
including, but not limited to, the following information: 31 
 (1)  Competitive selection of the administrator and servicing 32 
carriers; 33 
 (2)  Plan operating performance and service in accordance with 34 
the intent of this act, including performance reviews of the administrator, 35 
servicing carriers, and plan rules; 36    	HB1419 
 
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 (3)  Proper authority and independence of the Arkansas office to 1 
properly perform and secure prompt, fair, and reasonable service as required 2 
by this act; and 3 
 (4)  Coverage provided by the plan in other states, including 4 
evidence providing that carriers promptly provide coverage for employees of 5 
Arkansas employers working in other states as provided in this act. 6 
 (c)  The commissioner is encouraged to hold public hearings as needed 7 
to assist in achieving the objectives of this act and to assist with the 8 
review and report provided to the Legislative Council and the Senate 9 
Committee on Insurance and Commerce and the House Committee on Insurance and 10 
Commerce. 11 
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