1 | 1 | | Stricken language would be deleted from and underlined language would be added to present law. |
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2 | 2 | | *ANS129* 02/03/2025 4:11:54 PM ANS129 |
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3 | 3 | | State of Arkansas 1 |
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4 | 4 | | 95th General Assembly A Bill 2 |
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5 | 5 | | Regular Session, 2025 HOUSE BILL 1419 3 |
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6 | 6 | | 4 |
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7 | 7 | | By: Representative Steimel 5 |
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8 | 8 | | By: Senator J. Boyd 6 |
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9 | 9 | | 7 |
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10 | 10 | | For An Act To Be Entitled 8 |
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11 | 11 | | AN ACT TO AMEND THE ARKANSAS WORKERS' COMPENSATION 9 |
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12 | 12 | | INSURANCE PLAN; TO REVISE THE REPORTING REQUIREMENTS 10 |
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13 | 13 | | FOR THE ARKANSAS WORKERS' COMPENSATION INSURANCE 11 |
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14 | 14 | | PLAN; TO AMEND THE ADMINISTRATION AND PLAN SELECTION 12 |
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15 | 15 | | PROCESS UNDER THE ARKANSAS WORKERS' COMPENSATION 13 |
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16 | 16 | | INSURANCE PLAN; AND FOR OTHER PURPOSES. 14 |
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17 | 17 | | 15 |
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18 | 18 | | 16 |
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19 | 19 | | Subtitle 17 |
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20 | 20 | | TO AMEND THE ARKANSAS WORKERS' 18 |
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21 | 21 | | COMPENSATION INSURANCE PLAN; AND TO 19 |
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22 | 22 | | REVISE THE REPORTING REQUIREMENTS FOR 20 |
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23 | 23 | | THE ARKANSAS WORKERS' COMPENSATION 21 |
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24 | 24 | | INSURANCE PLAN. 22 |
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25 | 25 | | 23 |
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26 | 26 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 24 |
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27 | 27 | | 25 |
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28 | 28 | | SECTION 1. Arkansas Code ยง 23 -67-313 is amended to read as follows: 26 |
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29 | 29 | | 23-67-313. Competitive selection. 27 |
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30 | 30 | | (a)(1) The Insurance Commissioner shall make a good faith effort to 28 |
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31 | 31 | | comply with the intent of the provisions requiring competitive selection of 29 |
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32 | 32 | | the administrator of the Arkansas Workers' Compensation Insurance Plan and 30 |
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33 | 33 | | servicing carriers. 31 |
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34 | 34 | | (2) The administrator and servicing carriers under subdivision 32 |
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35 | 35 | | (a)(1) of this section shall be competitively selected no less often than 33 |
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36 | 36 | | every three (3) years. 34 |
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37 | 37 | | (3) Consideration for the selection of the administrator and 35 |
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38 | 38 | | servicing carriers under subdivision (a)(1) of this section shall include 36 HB1419 |
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41 | 41 | | cost, finances, operating and service capabilities, and the record of service 1 |
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42 | 42 | | and other factors deemed necessary for the effective and proper operation of 2 |
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43 | 43 | | the plan. 3 |
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44 | 44 | | (b) The commissioner may suspend formal bidding for the administrator 4 |
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45 | 45 | | provided that if: 5 |
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46 | 46 | | (1) The commissioner has sought and compared other 6 |
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47 | 47 | | administrative services available; 7 |
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48 | 48 | | (2) The commissioner deems there to have been in the interim a 8 |
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49 | 49 | | satisfactory improvement in administrator and servicing carrier performance; 9 |
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50 | 50 | | (3) The commissioner judges continuation of the present 10 |
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51 | 51 | | administrator subject to the modifications herein set forth and to hereafter 11 |
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52 | 52 | | be under this section and promulgated by rule of the commissioner to be in 12 |
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53 | 53 | | the best interests of Arkansas; 13 |
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54 | 54 | | (4)(A) Coverage and service is adequately and properly provided 14 |
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55 | 55 | | to Arkansas employers entitled to insurance, and coverage is provided in 15 |
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56 | 56 | | other states for employees of Arkansas employers to the extent possible and 16 |
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57 | 57 | | the proper coverage is in the best interests of the employers and plan 17 |
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58 | 58 | | operations. 18 |
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59 | 59 | | (B) Adequate coverage of employees while working on a 19 |
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60 | 60 | | temporary or occasional basis in other states is essential to Arkansas 20 |
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61 | 61 | | employers and employees; and 21 |
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62 | 62 | | (5) The administrator has an office in Arkansas and the office 22 |
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63 | 63 | | has the staff and authority necessary to properly serve Arkansas employers 23 |
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64 | 64 | | and the commissioner in accordance with the provisions of this act under this 24 |
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65 | 65 | | subchapter. 25 |
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66 | 66 | | (b) The commissioner shall review the plan operations to ensure 26 |
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67 | 67 | | compliance with this act. The commissioner shall review and report to the 27 |
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68 | 68 | | Legislative Council and the Senate Committee on Insurance and Commerce and 28 |
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69 | 69 | | the House Committee on Insurance and Commerce by September 1 of each year, 29 |
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70 | 70 | | with the first report to be submitted no later than September 1, 1997, 30 |
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71 | 71 | | including, but not limited to, the following information: 31 |
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72 | 72 | | (1) Competitive selection of the administrator and servicing 32 |
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73 | 73 | | carriers; 33 |
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74 | 74 | | (2) Plan operating performance and service in accordance with 34 |
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75 | 75 | | the intent of this act, including performance reviews of the administrator, 35 |
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76 | 76 | | servicing carriers, and plan rules; 36 HB1419 |
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79 | 79 | | (3) Proper authority and independence of the Arkansas office to 1 |
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80 | 80 | | properly perform and secure prompt, fair, and reasonable service as required 2 |
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81 | 81 | | by this act; and 3 |
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82 | 82 | | (4) Coverage provided by the plan in other states, including 4 |
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83 | 83 | | evidence providing that carriers promptly provide coverage for employees of 5 |
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84 | 84 | | Arkansas employers working in other states as provided in this act. 6 |
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85 | 85 | | (c) The commissioner is encouraged to hold public hearings as needed 7 |
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86 | 86 | | to assist in achieving the objectives of this act and to assist with the 8 |
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87 | 87 | | review and report provided to the Legislative Council and the Senate 9 |
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88 | 88 | | Committee on Insurance and Commerce and the House Committee on Insurance and 10 |
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89 | 89 | | Commerce. 11 |
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