State Law

Arkansas Code-Title 23-Subtitle 3-Chapter 63-Subchapter 18. Audits of Medical Providers

06/15/2020 Arkansas Sections 23-63-1801, 23-63-1802, 23-63-1803, 23-63-1804, 23-63-1806, 23-63-1807, and 23-63-1808

Definitions; Time for recoupment; Persons Not Covered; Recoupments–Required disclosures; No waiver of provisions; Application–Audit recoupment

Overpayments / Recoupments

See bold text below:

Section 23-63-1801


As used in this subchapter:

(1) “Covered person” means a person on whose behalf a health care insurer offering health insurance coverage is obligated to pay benefits or provide services;

(2) “Healthcare insurer” means an entity subject to the insurance laws of this state or the jurisdiction of the Insurance Commissioner that contracts or offers to contract to provide health insurance coverage, including, but not limited to, an insurance company, a health maintenance organization, or a hospital medical service corporation;

(3) “Healthcare provider” means any person or entity providing:

(A) Medical, pharmaceutical, optometric, or dental care;

(B) Hospitalization; or

(C) Any other services and goods used for the purpose or incidental to the purpose of preventing, alleviating, curing, or healing human illness or injury;


(A) “Health insurance coverage” means benefits consisting of medical, pharmaceutical, optometric, or dental care, hospitalization, or other goods or services for the purpose of preventing, alleviating, curing, or healing human illness provided, directly or indirectly, through insurance, reimbursement, or otherwise, including items and services paid for under any policy, certificate, or agreement offered by a health care insurer.

(B) “Health insurance coverage” does not include policies or certificates covering only accident, credit, disability income, long-term care, hospital indemnity, Medicare supplemental policy as defined in 42 U.S.C. § 1395ss(g)(1), a specified disease, other limited benefit health insurance, automobile medical payment insurance, or claims under the Workers’ Compensation Law, § 11-9-101 et seq., Public Employee Workers’ Compensation Act, § 21-5-601 et seq., or the Comprehensive Health Insurance Pool Act, § 23-79-501 et seq.; and

(5) “Recoupment” means any action or attempt by a health care insurer to recover or collect payments already made to a health care provider with respect to a claim:

(A) By reducing other payments currently owed to the health care provider;

(B) By withholding or setting off the amount against current or future payments to the health care provider;

(C) By demanding payment back from a health care provider for a claim already paid; or

(D) By any other manner that reduces or affects the future claim payments to the health care provider.


Section 23-63-1802

Time for recoupment


(1) Except in cases of fraud committed by the healthcare provider, a healthcare insurer may exercise recoupment from a provider only during the eighteen-month period after the date that the healthcare insurer paid the claim submitted by the healthcare provider.

(2) A healthcare provider may submit a corrected claim for up to six (6) months after recoupment for services that were actually provided but billed in error without the intent to defraud.


(1) A healthcare insurer that exercises recoupment under this section shall give the healthcare provider a written or electronic statement specifying the basis for the recoupment.

(2) At a minimum, the statement shall contain the information required by § 23-63-1804.


Section 23-63-1803

Persons not covered

(a) If a health care insurer determines that payment was made for services not covered under the covered person’s health insurance coverage, the health care insurer shall give written notice to the health care provider of its intent to exercise recoupment and may:

(1) Request a refund from the health care provider; or

(2) Make a recoupment of the payment from the health care provider in accordance with § 23-63-1804.


(1) Except in the case of fraud committed by the health care provider or as provided in subdivision (b)(2) of this section, subsection (a) of this section shall not apply if a health care provider or other party on its behalf verified from the health care insurer or its agent that an individual was a covered person and if the health care provider in good faith provided services to the individual in reliance on the verification.

(2) A health care insurer has one hundred twenty (120) days from the date of payment to notify the provider of a verification error and the fact that services rendered will not be covered if the error was made in good faith at the time of the verification.


Section 23-63-1804

Recoupments–Required disclosures

If a health care insurer exercises recoupment, then the health care insurer shall provide the health care provider written documentation that specifies the:

(1) Amount of the recoupment;

(2) Covered person’s name to whom the recoupment applies;

(3) Patient identification number;

(4) Date or dates of service;

(5) Service or services on which the recoupment is based;

(6) Pending claims being recouped or future claims that will be recouped; and

(7) Specific reason for the recoupment.


Section 23-63-1806


The failure to comply with any provision of this subchapter shall be deemed an unfair trade practice under the Trade Practices Act, § 23-66-201 et seq., and may be punished by the fines and penalties established under §§ 23-60-108, 23-66-210, and 23-66-215.


Section 23-63-1807

No waiver of provisions

The provisions of this subchapter shall not be waived, voided, or nullified by contract.


Section 23-63-1808

Application–Audit recoupment

The provisions of this subchapter that allow for audit recoupment from healthcare providers do not apply to a service that was authorized under § 23-99-1109, § 23-99-1113, or § 23-99-1116, except as provided for in § 23-99-1109(b).