Healthcare contract or provider network — Prohibition
(a) A healthcare insurer shall not:
(1) Lease, rent, or sell a healthcare contract or provider network of a health benefit plan to another healthcare insurer or third-party administrator; or
(2) In any manner allow the use of a healthcare contract or provider network of a health benefit plan by another healthcare insurer or third-party administer.
(b)(1) A violation of this section is:
(A) An unfair trade practice under § 23-66-206; and
(B) Subject to the Trade Practices Act, § 23-66-201 et 30 seq.
(2) If a healthcare contract contains a provision that violates this section, then the provision under the healthcare contract is void.
(c) This section does not apply if a healthcare insurer:
(1) Grants access to the healthcare insurer’s provider network contract to another healthcare insurer or entity that is:
(A) An affiliate of the healthcare insurer; or
(B) Operating according to the same brand licensee program as the healthcare insurer; or
(2) Provides notice of the intent to lease, rent, or sell a healthcare contract or provider network of a health benefit plan to another healthcare insurer or third-party administrator;
(3) Allows a healthcare provider that is a party to the healthcare contract or provider network of a health benefit plan the opportunity to opt out of participating in the:
(A) Proposed lease, rental, or sale of a healthcare contract or provider network of a health benefit plan entirely upon the execution or renewal of the healthcare contract; and
(B) Lease, rental, or sale of a healthcare contract with respect to an individual healthcare insurer or third party administrator upon notice that the individual healthcare insurer or third party administrator has violated the terms of the healthcare contract; and
(4) Provides contact information for the healthcare insurer or third-party administrator using the healthcare contract or provider network of a health benefit plan, including without limitation:
(A) Contact name;
(B) Mailing address;
(C) Direct telephone number for customer service matters; and
(D) Direct email address for customer service matters.
This statute was enacted in 2023 per HB 1272 (2023). See https://www.arkleg.state.ar.us/Bills/Detail?id=HB1272&ddBienniumSession=2023%2F2023R