Ark. Code Ann. § 23-61-117 (2020)
Risk-based provider organizations
- The Insurance Commissioner shall regulate the licensing and financial solvency of risk-based provider organizations, as defined in § 20-77-2703, participating in the Medicaid provider-led organized care system for enrollable Medicaid beneficiary populations as defined in § 20-77-2703.
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The commissioner may:
- Issue rules to implement this section;
- Impose and collect a reasonable fee from a risk-based provider organization for the regulation and licensing of the risk-based provider organization as established by rule of the State Insurance Department; and
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- Administer collection of the quarterly tax imposed on risk-based provider organizations under § 26-57-603 pursuant to a rule issued by the department.
- The commissioner shall prescribe the reporting, forms, and requirements related to the payment of the quarterly tax in a rule issued by the department.
History. Acts 2017, No. 775, § 3.
A.C.R.C. Notes. Acts 2017, No. 802, § 1, provided: “Medicaid provider-led organized care implementation and program savings plan.
“(a)(1) The Department of Human Services shall develop a five-year program savings plan to monitor all Medicaid savings realized by the department, including savings achieved through the delivery of healthcare by risk-based provider organizations within the Arkansas Medicaid Program.
“(2) The five-year program savings plan shall measure:
“(A) Increased care management and care coordination;
“(B) Value-based purchasing strategies;
“(C) Reductions in duplication of healthcare services;
“(D) Reductions in delivery of unnecessary healthcare services;
“(E) The degree of risk assumed by risk-based provider organizations; and
“(F) The amount of projected savings realized as part of the eight hundred thirty-five million dollars ($835,000,000) in savings requested by the Governor.
“(b)(1) On and after September 1, 2017, the department shall report quarterly on the five-year savings plan to the Legislative Council, the Bureau of Legislative Research, and Arkansas Legislative Audit.
“(2) The initial report shall define projected net savings to the Arkansas Medicaid Program to trend on a quarterly basis to serve as the baseline for measuring the success of implementation and continuing operation, including success attributed to the Medicaid provider-led organized care system.
“(c)(1) If project savings in an amount less than five percent (5%) of the goal are not achieved during any two (2) consecutive quarters unrelated to nonclaims based performance, the department shall develop additional reforms to achieve the savings goals.
“(2) If legislative action is required to implement the additional reforms described in subdivision (c)(1) of this section, the department may take the action to the Legislative Council or the Executive Subcommittee of the Legislative Council for immediate action.”
Subchapter 2 — Examination of Insurers, Etc.
Effective Dates. Acts 1977, No. 789, § 10: Mar. 28, 1977. Emergency clause provided: “It is hereby found and determined by the General Assembly that the laws of this State concerning the insurance matters covered in the subject of this Act are inadequate for the protection of the public and that the immediate passage of this Act is necessary in order to provide for the adequate protection of the public. Therefore, an emergency is hereby declared to exist, and this Act being necessary for the public peace, health, and safety shall be in full force and effect from and after its passage and approval.”
Acts 1991, No. 723, § 33: Mar. 25, 1991. Emergency clause provided: “It is hereby found and determined by the General Assembly of the State of Arkansas that the laws of this State concerning the insurance matters covered in the subject of this Act are inadequate for the protection of the public and the immediate passage of this Act is necessary in order to provide for the protection of the public. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”
Acts 1995, No. 1272, § 29: Apr. 13, 1995. Emergency clause provided: “It is hereby found and determined by the General Assembly of the State of Arkansas that the present insurance laws, and motor vehicle laws on the automobile assigned risk plan, are inadequate for the protection of the public; and the immediate passage of this Insurance Omnibus Act is necessary in order to provide for the protection of the public. Therefore, an emergency is hereby declared to exist and this Insurance Omnibus Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”
Acts 1997, No. 1000, § 30: July 2, 1997. Emergency clause provided: “It is hereby found and determined by the General Assembly that the laws of this State concerning the insurance matters covered in this Omnibus Act are inadequate for the protection of the public. Further, the laws of this State as to Small Employer Health Insurance are not consistent with federal laws, particularly the Health Insurance Portability and Accountability Act of 1996 of the U.S. Congress; and the immediate passage of this Act is necessary in order to provide for the protection of the public. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in effect from and after July 2, 1997. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”
Acts 1999, No. 881, § 28: Mar. 25, 1999. Emergency clause provided: “It is hereby found and determined by the Eighty-second General Assembly of the State of Arkansas that the present funeral pre-need laws, employee leasing firm laws, and other insurance laws are inadequate to protect the public. In pertinent part, the changes to the Insurance Code needed to assure the stability of funding for the Fraud Investigation Division of the Department must be enacted in the laws of this state well before the new fiscal year beginning July 1, 1999. The changes to authorized appropriations, as well as changes to the disability (health) insurance laws on individuals to conform to the federal laws on group policies with guaranteed renewability require immediate adoption; and unless this emergency clause is adopted, this act might not become effective until after the beginning of the next fiscal year. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after the date of its passage and approval. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”
Acts 2005, No. 506, § 54: Mar. 2, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the laws of this state as to insurance regulation and the Governmental Bonding Board, among others, are inadequate for the protection of the public, and the immediate passage of this act is necessary in order to provide for the adequate protection of the public. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”