Ark. Code Ann. § 23-92-201 (2026)

As used in this subchapter, “third-party administrator”:

1. Means a person, firm, or partnership that collects or charges premiums from or adjusts or settles claims on residents of this state in connection with life or accident and health coverage provided by a self-insured plan or a multiple-employer trust or multiple-employer-welfare arrangement;
2. Includes an administrative-services-only contract offered by insurers and health maintenance organizations; and
3. Does not include:
   1. An employer, for its employees or for the employees of a subsidiary or affiliated corporation of the employer;
   2. A union, for its members;
   3. An insurer or health maintenance organization licensed to do business in this state;
   4. A creditor, for its debtors, regarding insurance covering a debt between the creditor and its debtors;
   5. A credit-card-issuing company that advances for, or collects premiums or charges from, its credit card holders, as long as that company does not adjust or settle claims;
   6. An individual who adjusts or settles claims in the normal course of his or her practice or employment and who does not collect charges or premiums in connection with life or accident and health coverage; or
   7. An agency licensed by the Insurance Commissioner and performing duties pursuant to an agency contract with an insurer authorized to do business in this state.

History. Acts 1985, No. 796, § 1; A.S.A. 1947, § 66-6003; Acts 2001, No. 1603, § 45; 2005, No. 1697, § 23; 2015, No. 689, § 1; 2017, No. 334, § 7; 2018 (2nd Ex. Sess.), No. 1, § 4; 2018 (2nd Ex. Sess.), No. 3, § 4.

A.C.R.C. Notes. Acts 2005, No. 1697, § 1, provided: “Purpose. The General Assembly recognizes that a competitive market for insurance products is vital to Arkansans and that active competition in the insurance marketplace produces the fairest and lowest rates over any given period of time. Furthermore, open and transparent regulation of the insurance industry as well as widespread dissemination of information concerning regulatory actions regarding insurance rates and information helpful to consumers in purchasing and utilizing insurance coverage will assist Arkansans in purchasing, maintaining, and utilizing wisely their insurance coverages. Therefore, the purpose of this act is to assist consumers by providing them the information and tools necessary to be an informed and educated consumer of insurance coverage.”

Amendments. The 2015 amendment added designations (a) through (c); designated existing language as (a)(1); added (a)(2) and (3); designated existing language as (b)(1); added (b)(2); and redesignated former (1) through (7) as (c)(1) through (7).

The 2017 amendment redesignated the former introductory language of (a) as the present undesignated introductory language; redesignated former (a)(2) and (a)(3) as (1) and (2); redesignated former (a)(1) as (3)(A); redesignated former (b) and (c) as (3)(B) and (3)(C); and made stylistic changes.

The 2018 (2nd Ex. Sess.) amendment by identical acts Nos. 1 and 3 rewrote the section.

Effective Dates. Identical Acts 2018 (2nd Ex. Sess.), Nos. 1 and 3, § 6: Sept. 1, 2018. Effective date clause provided: “SECTION 4 of this act is effective on and after September 1, 2018.”