1 | 1 | | Stricken language would be deleted from and underlined language would be added to present law. |
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2 | 2 | | *ANS387* 03/18/2025 11:39:54 AM ANS387 |
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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 SENATE BILL 499 3 |
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6 | 6 | | 4 |
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7 | 7 | | By: Senators Irvin, J. Dismang, Gilmore, Hester, M. McKee, Stone, Hill, J. Petty, Flippo, B. Davis, J. 5 |
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8 | 8 | | Boyd, K. Hammer, J. English 6 |
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9 | 9 | | By: Representative J. Moore 7 |
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10 | 10 | | 8 |
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11 | 11 | | For An Act To Be Entitled 9 |
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12 | 12 | | AN ACT TO REPEAL CERTAIN REPORTING REQUIREMENTS FOR 10 |
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13 | 13 | | THE STATE INSURANCE DEPARTMENT AND THE STATE 11 |
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14 | 14 | | SECURITIES DEPARTMENT; TO REVISE CERTAIN REPORTING 12 |
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15 | 15 | | REQUIREMENTS FOR THE STATE INSURANCE DEPARTMENT; AND 13 |
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16 | 16 | | 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 REPEAL CERTAIN REPORTING REQUIREMENTS 18 |
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21 | 21 | | FOR THE STATE INSURANCE DEPARTMENT AND 19 |
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22 | 22 | | THE STATE SECURITIES DEPARTMENT; AND TO 20 |
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23 | 23 | | REVISE CERTAIN REPORTING REQUIREMENTS 21 |
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24 | 24 | | FOR THE STATE INSURANCE DEPARTMENT. 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 § 23 -42-111 is repealed. 26 |
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29 | 29 | | 23-42-111. Quarterly reports. 27 |
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30 | 30 | | (a) The State Securities Department shall provide to the Legislative 28 |
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31 | 31 | | Council, or to the Joint Budget Committee if the General Assembly is in 29 |
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32 | 32 | | session, on a quarterly basis a report of all funds received or any external 30 |
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33 | 33 | | fund transactions recognized or required through court orders or settlement 31 |
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34 | 34 | | agreements. 32 |
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35 | 35 | | (b) The report required under subsection (a) of this section shall 33 |
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36 | 36 | | include: 34 |
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37 | 37 | | (1) The case name of the court order or settlement agreement; 35 |
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38 | 38 | | (2) The amount of funds received or transaction recognized or 36 SB499 |
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39 | 39 | | |
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41 | 41 | | required by the department for each court order or settlement agreement; 1 |
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42 | 42 | | (3)(A) A plan for disbursement of the received funds. 2 |
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43 | 43 | | (B) If funds received from a court order or settlement 3 |
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44 | 44 | | agreement are expended for any purpose, including investor education and 4 |
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45 | 45 | | enforcement activities, the report shall itemize specific activities subject 5 |
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46 | 46 | | to the exclusions provided in § 25 -1-403(1)(B); 6 |
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47 | 47 | | (4) An itemization of the specific investor education and 7 |
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48 | 48 | | enforcement activities funded for the department; 8 |
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49 | 49 | | (5) An explanation of whether the funds received or transactions 9 |
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50 | 50 | | recognized or required from a court order or settlement agreement are 10 |
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51 | 51 | | directed to a specific entity, and if so, the department shall provide a 11 |
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52 | 52 | | summary of input regarding the drafting of the court order or settlement 12 |
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53 | 53 | | agreement; 13 |
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54 | 54 | | (6) A report of the rationale for disbursing funds to a specific 14 |
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55 | 55 | | entity if the department receives funds from a court order or settlement 15 |
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56 | 56 | | agreement that does not require disbursement of funds to a specific entity; 16 |
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57 | 57 | | and 17 |
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58 | 58 | | (7) A report of current balances of all unappropriated fund 18 |
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59 | 59 | | holdings the department received from a court order or settlement agreement. 19 |
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60 | 60 | | (c) The department shall provide the reports required under this 20 |
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61 | 61 | | section no later than the fifteenth day of the month immediately following 21 |
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62 | 62 | | the end of each quarter. 22 |
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63 | 63 | | 23 |
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64 | 64 | | SECTION 2. Arkansas Code § 23 -61-112(a), concerning the information 24 |
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65 | 65 | | required in the annual report of the State Insurance Department, is amended 25 |
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66 | 66 | | to read as follows: 26 |
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67 | 67 | | (a) As early in the calendar year as reasonably possible, the 27 |
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68 | 68 | | Insurance Commissioner annually shall prepare and deliver a report to the 28 |
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69 | 69 | | Secretary of the Department of Commerce showing, with respect to the 29 |
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70 | 70 | | preceding calendar year: 30 |
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71 | 71 | | (1) Names of the authorized insurers transacting insurance in 31 |
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72 | 72 | | this state, with a summary of their financial statements that the 32 |
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73 | 73 | | commissioner considers proper; 33 |
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74 | 74 | | (2) Names of admitted insurers that closed during the year or 34 |
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75 | 75 | | entered liquidation, a concise statement concerning the cause for each 35 |
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76 | 76 | | proceeding, and the amount of assets and liabilities as ascertainable; 36 SB499 |
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79 | 79 | | (3) The total receipts and expenses of the State Insurance 1 |
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80 | 80 | | Department for the year; and 2 |
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81 | 81 | | (4) A summary of the department's activities to investigate and 3 |
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82 | 82 | | combat health insurance fraud, including without limitation information 4 |
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83 | 83 | | regarding: 5 |
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84 | 84 | | (A) Referrals received; 6 |
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85 | 85 | | (B) Investigations initiated; 7 |
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86 | 86 | | (C) Investigations completed; and 8 |
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87 | 87 | | (D) Other material necessary or desirable to evaluate the 9 |
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88 | 88 | | department's efforts to investigate and combat health insurance fraud; and 10 |
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89 | 89 | | (5) Other pertinent information and matters the commissioner 11 |
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90 | 90 | | considers proper. 12 |
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91 | 91 | | 13 |
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92 | 92 | | SECTION 3. Arkansas Code § 23 -61-116 is repealed. 14 |
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93 | 93 | | 23-61-116. Annual report on health insurance fraud. 15 |
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94 | 94 | | Annually on or before March 1, the Insurance Commissioner shall submit 16 |
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95 | 95 | | to the Secretary of the Department of Commerce, the President Pro Tempore of 17 |
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96 | 96 | | the Senate, the Speaker of the House of Representatives, and the Attorney 18 |
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97 | 97 | | General a report summarizing the State Insurance Department's activities to 19 |
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98 | 98 | | investigate and combat health insurance fraud, including without limitation 20 |
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99 | 99 | | information regarding: 21 |
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100 | 100 | | (1) Referrals received; 22 |
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101 | 101 | | (2) Investigations initiated; 23 |
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102 | 102 | | (3) Investigations completed; and 24 |
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103 | 103 | | (4) Other material necessary or desirable to evaluate the 25 |
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104 | 104 | | department's efforts under this section. 26 |
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105 | 105 | | 27 |
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106 | 106 | | SECTION 4. Arkansas Code § 23 -61-610 is repealed. 28 |
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107 | 107 | | 23-61-610. Annual report. 29 |
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108 | 108 | | The Administrator of the Risk Management Division shall report annually 30 |
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109 | 109 | | to the Governor and the Legislative Council on his or her findings and 31 |
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110 | 110 | | recommendations. 32 |
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111 | 111 | | 33 |
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112 | 112 | | SECTION 5. Arkansas Code § 23 -61-805(a), concerning reports of the 34 |
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113 | 113 | | assessment and user fee under the Arkansas Health Insurance Marketplace, is 35 |
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114 | 114 | | amended to read as follows: 36 SB499 |
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117 | 117 | | (a)(1) The General Assembly shall establish a reasonable initial 1 |
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118 | 118 | | assessment or user fee and reasonable increases or decreases in the amount of 2 |
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119 | 119 | | future assessments or user fees and penalties and interest charges for 3 |
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120 | 120 | | nonpayment of an assessment or user fee charged to participating health 4 |
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121 | 121 | | insurers for the efficient operation of the Arkansas Health Insurance 5 |
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122 | 122 | | Marketplace. 6 |
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123 | 123 | | (2) Annually by October 1, the State Insurance Department shall 7 |
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124 | 124 | | report to the Legislative Council in the manner and format that the 8 |
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125 | 125 | | Legislative Council requires the recommendations of the department for the 9 |
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126 | 126 | | initial assessment or user fee and increases or decreases in the amount of 10 |
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127 | 127 | | future assessments or user fees and penalties and interest charges for 11 |
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128 | 128 | | nonpayment of an assessment or user fee charged to participating health 12 |
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129 | 129 | | insurers. 13 |
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130 | 130 | | (3) Annually by December 1, the Legislative Council shall review 14 |
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131 | 131 | | the recommendations of the department under subdivision (a)(2) of this 15 |
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132 | 132 | | section and report to the President Pro Tempore of the Senate and the Speaker 16 |
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133 | 133 | | of the House of Representatives the recommendations of the Legislative 17 |
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134 | 134 | | Council for the initial assessment or user fee and future increases or 18 |
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135 | 135 | | decreases in the amount of assessments or user fees and penalties and 19 |
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136 | 136 | | interest charges for nonpayment of an assessment or user fee charged to 20 |
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137 | 137 | | participating health insurers. 21 |
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138 | 138 | | 22 |
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139 | 139 | | SECTION 6. Arkansas Code § 23 -67-313(b) and (c), concerning the report 23 |
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140 | 140 | | of the Arkansas Workers' Compensation Insurance Plan and servicing carriers, 24 |
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141 | 141 | | are amended to read as follows: 25 |
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142 | 142 | | (b) The commissioner shall review the plan operations to ensure 26 |
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143 | 143 | | compliance with this act. The commissioner shall review and report to the 27 |
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144 | 144 | | Legislative Council and the Senate Committee on Insurance and Commerce and 28 |
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145 | 145 | | the House Committee on Insurance and Commerce by September 1 of each year, 29 |
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146 | 146 | | with the first report to be submitted no later than September 1, 1997, 30 |
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147 | 147 | | including, but not limited to, the following information: 31 |
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148 | 148 | | (1) Competitive selection of the administrator and servicing 32 |
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149 | 149 | | carriers; 33 |
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150 | 150 | | (2) Plan operating performance and service in accordance with 34 |
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151 | 151 | | the intent of this act, including performance reviews of the administrator, 35 |
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152 | 152 | | servicing carriers, and plan rules; 36 SB499 |
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155 | 155 | | (3) Proper authority and independence of the Arkansas office to 1 |
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156 | 156 | | properly perform and secure prompt, fair, and reasonable service as required 2 |
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157 | 157 | | by this act; and 3 |
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158 | 158 | | (4) Coverage provided by the plan in other states, including 4 |
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159 | 159 | | evidence providing that carriers promptly provide coverage for employees of 5 |
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160 | 160 | | Arkansas employers working in other states as provided in this act. 6 |
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161 | 161 | | (c) The commissioner is encouraged to hold public hearings as needed 7 |
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162 | 162 | | to assist in achieving the objectives of this act and to assist with the 8 |
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163 | 163 | | review and report provided to the Legislative Council and the Senate 9 |
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164 | 164 | | Committee on Insurance and Commerce and the House Committee on Insurance and 10 |
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165 | 165 | | Commerce. 11 |
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166 | 166 | | 12 |
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167 | 167 | | SECTION 7. Arkansas Code § 23-79-1503(c), concerning the rules and 13 |
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168 | 168 | | reporting requirements under Wendelyn's Craniofacial Law — Craniofacial 14 |
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169 | 169 | | Coverage, is amended to read as follows: 15 |
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170 | 170 | | (c) The department shall submit biannual reports a report to the Chair 16 |
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171 | 171 | | of the House Committee on Insurance and Commerce and the Chair of the Senate 17 |
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172 | 172 | | Committee on Insurance and Commerce upon receipt of a request from: 18 |
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173 | 173 | | (1) A cochair of the House Committee on Insurance and Commerce; 19 |
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174 | 174 | | or 20 |
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175 | 175 | | (2) A cochair of the Senate Committee on Insurance and Commerce . 21 |
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