Arkansas Code Title 23, Subtitle 3, Chapter 93, Subchapter 1 - Continuing Care Provider Regulation Act

• § 23-93-101 - Title.
  This subchapter shall be known and may be cited as the "Continuing Care Provider Regulation Act".
• § 23-93-102 - Legislative Intent -- Applicability.
  (a) The General Assembly recognizes that continuing care communities have become an important and necessary alternative for the long-term residential, social, and health maintenance...
• § 23-93-103 - Definitions.
  As used in this subchapter: (1) "Commissioner" means the Insurance Commissioner; (2) (A) "Continuing care" means the furnishing of independent living units to individuals...
• § 23-93-104 - Violations.
  (a) Whenever it appears to the Insurance Commissioner that any person has engaged in, or is about to engage in, any act or practice...
• § 23-93-105 - Rules and Regulations.
  The Insurance Commissioner shall have the authority to adopt, amend, or repeal such rules and regulations as are reasonably necessary for the enforcement of...
• § 23-93-106 - Disclosure Statement -- Contents.
  (a) No later than sixty (60) days prior to the first solicitation of a contract to provide continuing care, the provider shall deliver an...
• § 23-93-107 - Disclosure Statement -- Review.
  (a) The State Insurance Department shall review the filed disclosure document for the following: (1) The completeness of the filing; and (2) The manner...
• § 23-93-108 - Continuing Care Contracts -- Minimum Requirements.
  (a) A continuing care contract shall be written in clear and understandable language.(b) A continuing care contract shall, at a minimum: (1) Describe the...
• § 23-93-109 - Right to Rescind Contracts.
  For a seven-day period beginning on the date a provider receives any payment from a prospective resident, a prospective resident shall have the right...
• § 23-93-110 - Untrue, Deceptive, or Misleading Statements Prohibited.
  (a) No provider shall make, publish, disseminate, circulate, or place before the public or cause, directly or indirectly, to be made, published, disseminated, circulated,...
• § 23-93-111 - Liquid Refund Reserve Requirement.
  (a) (1) Each provider shall establish and maintain liquid refund reserves in an amount determined in accordance with this section. (2) (A) The refund...
• § 23-93-112 - Escrow Account Required.
  (a) (1) The Insurance Commissioner shall require that the provider establish an interest-bearing escrow account with a financial institution authorized to do business in...
• § 23-93-113 - Statutory Lien.
  In the event of the bankruptcy or receivership of the provider resulting from the financial difficulties of the provider, the residents of the facility...
• § 23-93-114 - Investigations and Examinations.
  (a) The State Insurance Department may conduct any investigation or examination deemed necessary by the Insurance Commissioner: (1) For the public health, safety, and...

Last modified: November 15, 2016