# Ark. Code Ann. § 23-63-113: Agreement required for access to contracting agent's panel of contracted healthcare providers or contracted reimbursement rates - Identification of network discounts applicable to provider claims required on subscriber identification cards - Definitions > Arkansas · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_AR_T23_C63_S1_S23-63-113 ## Section - **Citation:** Ark. Code Ann. § 23-63-113 - **Heading:** Agreement required for access to contracting agent's panel of contracted healthcare providers or contracted reimbursement rates - Identification of network discounts applicable to provider claims required on subscriber identification cards - Definitions - **Jurisdiction:** Arkansas - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** AR Code / Title 23 / Chapter 63 / Subchapter 1 / Section 23-63-113 ## Text (a) As used in this section: (1) (A) "Contracting agent" means an entity that while engaged in selling, leasing, assigning, conveying, or otherwise, grants access to the entity's panel of contracted healthcare providers and the entity's contracted reimbursement rates to another entity. (B) "Contracting agent" includes, to the extent an entity is engaged in the activities in subdivision (a)(1)(A) of this section and to the full extent permitted by the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq., as it existed on January 1, 2007: (i) Preferred provider organizations; (ii) Third-party administrators; (iii) Prescription benefit management companies; (iv) Insurance companies; (v) Health maintenance organizations; (vi) Hospital and medical service corporations; and (vii) Self-insured health plans; (2) "Entity" means any physician or other provider of healthcare services, including institutional providers and organizations or groups of healthcare providers; (3) (A) "Health benefit plan" means any individual, blanket, or group plan, policy, or contract for healthcare services issued or delivered by a healthcare insurer in this state, including indemnity and managed care plans and governmental plans as defined in 29 U.S.C. § 1002(32) , as it existed on January 1, 2007. (B) "Health benefit plan" does not include plans providing healthcare services under the Workers' Compensation Law, § 11-9-101 et seq., and the Public Employee Workers' Compensation Act, § 21-5-601 et seq.; (4) "Person" means an individual, a corporation, a partnership, a firm, a trust, an association, a voluntary organization, or any other form of business enterprise or legal entity; (5) "Provider" means any physician or other provider of healthcare services, including institutional providers, and also organizations or groups of healthcare providers; (6) "Provider network" means a preferred provider organization or any other network of providers; and (7) "Subscriber identification card" or "identification card" means a card that is issued to an individual evidencing his or her coverage under a health benefit plan. (b) (1) No contracting agent shall sell, lease, assign, convey, or otherwise grant access to the contracting agent's panel of contracted healthcare providers or the contracting agent's contracted reimbursement rates to another entity unless authorized in an agreement between the contracting agent and the provider. (2) At least annually and upon written request of a contracted provider, a contracting agent shall disclose in writing or electronically to its providers all payors and other entities to which the contracting agent has sold, leased, assigned, conveyed, or otherwise granted access to the contracting agent's panel of contracted healthcare providers and the contracting agent's reimbursement rates. (c) (1) A subscriber identification card shall state in a clear and legible manner the network applicable to provider claims arising under the subscriber identification card. (2) A provider network's contractual discounts or other alternative rates of payments shall be enforceable and binding on all parties only with respect to the network identified under subdivision (c)(1) of this section. (d) This section does not apply to an insurance company, a health maintenance organization, or any other entity when the insurance company, the health maintenance organization, or the other entity provides health benefits directly through the insurance company's, the health maintenance organization's, or the other entity's own network to the insurance company's, the health maintenance organization's, or other entity's own enrollees without using a contracting agent. (e) No contracting agent shall retaliate against a provider for exercising rights under this section tion, or the other entity provides health benefits directly through the insurance company's, the health maintenance organization's, or the other entity's own network to the insurance company's, the health maintenance organization's, or other entity's own enrollees without using a contracting agent. (e) No contracting agent shall retaliate against a provider for exercising rights under this section. (f) The Insurance Commissioner shall adopt rules for the implementation, administration, and enforcement of this section and shall enforce this section using the powers granted to the commissioner in the Arkansas Insurance Code. (g) Nothing in any contract shall supersede this section. (h) (1) To avoid impairment of existing contracts, this section shall only apply to contracts issued, renewed, or amended after July 31, 2007. (2) Any provision in a health benefit plan that is executed, delivered, or renewed, or that otherwise contracts for provision of services in this state that is contrary to this subchapter shall be void to the extent of the conflict. (i) The provisions of this section shall not apply to the Arkansas Comprehensive Health Insurance Pool. Acts 2007, No. 686, § 1. (a) As used in this section: (1) (A) "Contracting agent" means an entity that while engaged in selling, leasing, assigning, conveying, or otherwise, grants access to the entity's panel of contracted healthcare providers and the entity's contracted reimbursement rates to another entity. (B) "Contracting agent" includes, to the extent an entity is engaged in the activities in subdivision (a)(1)(A) of this section and to the full extent permitted by the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq., as it existed on January 1, 2007: (i) Preferred provider organizations; (ii) Third-party administrators; (iii) Prescription benefit management companies; (iv) Insurance companies; (v) Health maintenance organizations; (vi) Hospital and medical service corporations; and (vii) Self-insured health plans; (2) "Entity" means any physician or other provider of healthcare services, including institutional providers and organizations or groups of healthcare providers; (3) (A) "Health benefit plan" means any individual, blanket, or group plan, policy, or contract for healthcare services issued or delivered by a healthcare insurer in this state, including indemnity and managed care plans and governmental plans as defined in 29 U.S.C. § 1002(32) , as it existed on January 1, 2007. (B) "Health benefit plan" does not include plans providing healthcare services under the Workers' Compensation Law, § 11-9-101 et seq., and the Public Employee Workers' Compensation Act, § 21-5-601 et seq.; (4) "Person" means an individual, a corporation, a partnership, a firm, a trust, an association, a voluntary organization, or any other form of business enterprise or legal entity; (5) "Provider" means any physician or other provider of healthcare services, including institutional providers, and also organizations or groups of healthcare providers; (6) "Provider network" means a preferred provider organization or any other network of providers; and (7) "Subscriber identification card" or "identification card" means a card that is issued to an individual evidencing his or her coverage under a health benefit plan. other provider of healthcare services, including institutional providers, and also organizations or groups of healthcare providers; (6) "Provider network" means a preferred provider organization or any other network of providers; and (7) "Subscriber identification card" or "identification card" means a card that is issued to an individual evidencing his or her coverage under a health benefit plan. (1) (A) "Contracting agent" means an entity that while engaged in selling, leasing, assigning, conveying, or otherwise, grants access to the entity's panel of contracted healthcare providers and the entity's contracted reimbursement rates to another entity. (B) "Contracting agent" includes, to the extent an entity is engaged in the activities in subdivision (a)(1)(A) of this section and to the full extent permitted by the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq., as it existed on January 1, 2007: (i) Preferred provider organizations; (ii) Third-party administrators; (iii) Prescription benefit management companies; (iv) Insurance companies; (v) Health maintenance organizations; (vi) Hospital and medical service corporations; and (vii) Self-insured health plans; (A) "Contracting agent" means an entity that while engaged in selling, leasing, assigning, conveying, or otherwise, grants access to the entity's panel of contracted healthcare providers and the entity's contracted reimbursement rates to another entity. (B) "Contracting agent" includes, to the extent an entity is engaged in the activities in subdivision (a)(1)(A) of this section and to the full extent permitted by the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq., as it existed on January 1, 2007: (i) Preferred provider organizations; (ii) Third-party administrators; (iii) Prescription benefit management companies; (iv) Insurance companies; (v) Health maintenance organizations; (vi) Hospital and medical service corporations; and (vii) Self-insured health plans; (i) Preferred provider organizations; (ii) Third-party administrators; (iii) Prescription benefit management companies; (iv) Insurance companies; (v) Health maintenance organizations; (vi) Hospital and medical service corporations; and (vii) Self-insured health plans; (2) "Entity" means any physician or other provider of healthcare services, including institutional providers and organizations or groups of healthcare providers; (3) (A) "Health benefit plan" means any individual, blanket, or group plan, policy, or contract for healthcare services issued or delivered by a healthcare insurer in this state, including indemnity and managed care plans and governmental plans as defined in 29 U.S.C. § 1002(32) , as it existed on January 1, 2007. (B) "Health benefit plan" does not include plans providing healthcare services under the Workers' Compensation Law, § 11-9-101 et seq., and the Public Employee Workers' Compensation Act, § 21-5-601 et seq.; (A) "Health benefit plan" means any individual, blanket, or group plan, policy, or contract for healthcare services issued or delivered by a healthcare insurer in this state, including indemnity and managed care plans and governmental plans as defined in 29 U.S.C. § 1002(32) , as it existed on January 1, 2007. (B) "Health benefit plan" does not include plans providing healthcare services under the Workers' Compensation Law, § 11-9-101 et seq., and the Public Employee Workers' Compensation Act, § 21-5-601 et seq.; (4) "Person" means an individual, a corporation, a partnership, a firm, a trust, an association, a voluntary organization, or any other form of business enterprise or legal entity; (5) "Provider" means any physician or other provider of healthcare services, including institutional providers, and also organizations or groups of healthcare providers; (6) "Provider network" means a preferred provider organization or any other network of providers; and tnership, a firm, a trust, an association, a voluntary organization, or any other form of business enterprise or legal entity; (5) "Provider" means any physician or other provider of healthcare services, including institutional providers, and also organizations or groups of healthcare providers; (6) "Provider network" means a preferred provider organization or any other network of providers; and (7) "Subscriber identification card" or "identification card" means a card that is issued to an individual evidencing his or her coverage under a health benefit plan. (b) (1) No contracting agent shall sell, lease, assign, convey, or otherwise grant access to the contracting agent's panel of contracted healthcare providers or the contracting agent's contracted reimbursement rates to another entity unless authorized in an agreement between the contracting agent and the provider. (2) At least annually and upon written request of a contracted provider, a contracting agent shall disclose in writing or electronically to its providers all payors and other entities to which the contracting agent has sold, leased, assigned, conveyed, or otherwise granted access to the contracting agent's panel of contracted healthcare providers and the contracting agent's reimbursement rates. (1) No contracting agent shall sell, lease, assign, convey, or otherwise grant access to the contracting agent's panel of contracted healthcare providers or the contracting agent's contracted reimbursement rates to another entity unless authorized in an agreement between the contracting agent and the provider. (2) At least annually and upon written request of a contracted provider, a contracting agent shall disclose in writing or electronically to its providers all payors and other entities to which the contracting agent has sold, leased, assigned, conveyed, or otherwise granted access to the contracting agent's panel of contracted healthcare providers and the contracting agent's reimbursement rates. (c) (1) A subscriber identification card shall state in a clear and legible manner the network applicable to provider claims arising under the subscriber identification card. (2) A provider network's contractual discounts or other alternative rates of payments shall be enforceable and binding on all parties only with respect to the network identified under subdivision (c)(1) of this section. (1) A subscriber identification card shall state in a clear and legible manner the network applicable to provider claims arising under the subscriber identification card. (2) A provider network's contractual discounts or other alternative rates of payments shall be enforceable and binding on all parties only with respect to the network identified under subdivision (c)(1) of this section. (d) This section does not apply to an insurance company, a health maintenance organization, or any other entity when the insurance company, the health maintenance organization, or the other entity provides health benefits directly through the insurance company's, the health maintenance organization's, or the other entity's own network to the insurance company's, the health maintenance organization's, or other entity's own enrollees without using a contracting agent. (e) No contracting agent shall retaliate against a provider for exercising rights under this section. (f) The Insurance Commissioner shall adopt rules for the implementation, administration, and enforcement of this section and shall enforce this section using the powers granted to the commissioner in the Arkansas Insurance Code. (g) Nothing in any contract shall supersede this section. g agent. (e) No contracting agent shall retaliate against a provider for exercising rights under this section. (f) The Insurance Commissioner shall adopt rules for the implementation, administration, and enforcement of this section and shall enforce this section using the powers granted to the commissioner in the Arkansas Insurance Code. (g) Nothing in any contract shall supersede this section. (h) (1) To avoid impairment of existing contracts, this section shall only apply to contracts issued, renewed, or amended after July 31, 2007. (2) Any provision in a health benefit plan that is executed, delivered, or renewed, or that otherwise contracts for provision of services in this state that is contrary to this subchapter shall be void to the extent of the conflict. (1) To avoid impairment of existing contracts, this section shall only apply to contracts issued, renewed, or amended after July 31, 2007. (2) Any provision in a health benefit plan that is executed, delivered, or renewed, or that otherwise contracts for provision of services in this state that is contrary to this subchapter shall be void to the extent of the conflict. (i) The provisions of this section shall not apply to the Arkansas Comprehensive Health Insurance Pool. Acts 2007, No. 686, § 1. ## Nearby sections - [Ark. Code Ann. § 23-63-102 Retaliation for foreign taxes, fees, restrictions, etc](https://www.frixlaw.com/law-library/statutes/STATE_AR_T23_C63_S1_S23-63-102.md) - [Ark. Code Ann. § 23-63-103 Retaliation for unjustified refusal to permit business because of similar name](https://www.frixlaw.com/law-library/statutes/STATE_AR_T23_C63_S1_S23-63-103.md) - [Ark. Code Ann. § 23-63-104 Domicile of alien insurer](https://www.frixlaw.com/law-library/statutes/STATE_AR_T23_C63_S1_S23-63-104.md) - [Ark. Code Ann. § 23-63-105 Service contracts to perform administrative functions](https://www.frixlaw.com/law-library/statutes/STATE_AR_T23_C63_S1_S23-63-105.md) - [Ark. Code Ann. § 23-63-107 Prompt processing of payment by insurer](https://www.frixlaw.com/law-library/statutes/STATE_AR_T23_C63_S1_S23-63-107.md) - [Ark. Code Ann. § 23-63-109 Natural causes](https://www.frixlaw.com/law-library/statutes/STATE_AR_T23_C63_S1_S23-63-109.md) - [Ark. Code Ann. § 23-63-110 Policy cancellation or premium increase](https://www.frixlaw.com/law-library/statutes/STATE_AR_T23_C63_S1_S23-63-110.md) - [Ark. Code Ann. § 23-63-111 Policyholder's right to loss information - Definition](https://www.frixlaw.com/law-library/statutes/STATE_AR_T23_C63_S1_S23-63-111.md) - [Ark. Code Ann. § 23-63-112 Notice of intent to settle](https://www.frixlaw.com/law-library/statutes/STATE_AR_T23_C63_S1_S23-63-112.md) - [Ark. Code Ann. § 23-63-113 Agreement required for access to contracting agent's panel of contracted healthcare providers or contracted reimbursement rates - Identification of network discounts applicable to provider claims required on subscriber identification cards - Definitions](https://www.frixlaw.com/law-library/statutes/STATE_AR_T23_C63_S1_S23-63-113.md) - [Ark. Code Ann. § 23-63-114 Written management and service agreements](https://www.frixlaw.com/law-library/statutes/STATE_AR_T23_C63_S1_S23-63-114.md) - [Ark. Code Ann. § 23-63-115 Agreement between insurers and dentists establishing fees for noncovered service prohibited - Definitions](https://www.frixlaw.com/law-library/statutes/STATE_AR_T23_C63_S1_S23-63-115.md) - [Ark. Code Ann. § 23-63-116 Retaliatory tax credit](https://www.frixlaw.com/law-library/statutes/STATE_AR_T23_C63_S1_S23-63-116.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_AR_T23_C63_S1_S23-63-113. Check the current official text before relying on it. Not legal advice.