# Ark. Code Ann. § 23-99-1107: Prior authorization - Emergency healthcare service > Arkansas · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_AR_T23_C99_S11_S23-99-1107 ## Section - **Citation:** Ark. Code Ann. § 23-99-1107 - **Heading:** Prior authorization - Emergency healthcare service - **Jurisdiction:** Arkansas - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** AR Code / Title 23 / Chapter 99 / Subchapter 11 / Section 23-99-1107 ## Text (a) A utilization review entity shall not require prior authorization for prehospital transportation or for provision of an emergency healthcare service. (b) (1) A utilization review entity shall allow a subscriber and the subscriber's healthcare provider a minimum of twenty-four (24) hours following an emergency admission or provision of an emergency healthcare service for the subscriber or healthcare provider to notify the utilization review entity of the admission or provision of an emergency healthcare service. (2) If the admission or emergency healthcare service occurs on a holiday or weekend, a utilization review entity shall not require notification until the next business day after the admission or provision of the emergency healthcare service. (c) (1) A utilization review entity shall cover emergency healthcare services necessary to evaluate and assess the health condition of a subscriber or to stabilize a subscriber. (2) If a healthcare provider certifies in writing to a utilization review entity within seventy-two (72) hours of a subscriber's admission that the subscriber's condition required an emergency healthcare service, that certification will create a presumption that the emergency healthcare service was medically necessary, and such presumption may be rebutted only if the utilization review entity can establish, with clear and convincing evidence, that the emergency healthcare service was not medically necessary. (d) (1) The determination by a utilization review entity of medical necessity of an emergency healthcare service shall not be based on whether the emergency healthcare service was provided by a healthcare provider that is a member of the health benefit plan's provider network. (2) Restrictions on coverage for an emergency healthcare service provided by a healthcare provider that is not a member of the health benefit plan's provider network shall not be greater than restrictions on coverage for an emergency healthcare service provided by a healthcare provider that is a member of the health benefit plan's provider network. (e) (1) If a subscriber receives an emergency healthcare service that requires an immediate post-evaluation or post-stabilization healthcare service, a utilization review entity shall make an authorization within sixty (60) minutes of receiving a request. (2) If the authorization is not made within sixty (60) minutes, the emergency healthcare service shall be approved. Amended by Act 2017, No. 815,§ 4, eff. 8/1/2017. Added by Act 2015, No. 1106,§ 2, eff. 7/22/2015. (a) A utilization review entity shall not require prior authorization for prehospital transportation or for provision of an emergency healthcare service. (b) (1) A utilization review entity shall allow a subscriber and the subscriber's healthcare provider a minimum of twenty-four (24) hours following an emergency admission or provision of an emergency healthcare service for the subscriber or healthcare provider to notify the utilization review entity of the admission or provision of an emergency healthcare service. (2) If the admission or emergency healthcare service occurs on a holiday or weekend, a utilization review entity shall not require notification until the next business day after the admission or provision of the emergency healthcare service. (1) A utilization review entity shall allow a subscriber and the subscriber's healthcare provider a minimum of twenty-four (24) hours following an emergency admission or provision of an emergency healthcare service for the subscriber or healthcare provider to notify the utilization review entity of the admission or provision of an emergency healthcare service. (2) If the admission or emergency healthcare service occurs on a holiday or weekend, a utilization review entity shall not require notification until the next business day after the admission or provision of the emergency healthcare service. e service for the subscriber or healthcare provider to notify the utilization review entity of the admission or provision of an emergency healthcare service. (2) If the admission or emergency healthcare service occurs on a holiday or weekend, a utilization review entity shall not require notification until the next business day after the admission or provision of the emergency healthcare service. (c) (1) A utilization review entity shall cover emergency healthcare services necessary to evaluate and assess the health condition of a subscriber or to stabilize a subscriber. (2) If a healthcare provider certifies in writing to a utilization review entity within seventy-two (72) hours of a subscriber's admission that the subscriber's condition required an emergency healthcare service, that certification will create a presumption that the emergency healthcare service was medically necessary, and such presumption may be rebutted only if the utilization review entity can establish, with clear and convincing evidence, that the emergency healthcare service was not medically necessary. (1) A utilization review entity shall cover emergency healthcare services necessary to evaluate and assess the health condition of a subscriber or to stabilize a subscriber. (2) If a healthcare provider certifies in writing to a utilization review entity within seventy-two (72) hours of a subscriber's admission that the subscriber's condition required an emergency healthcare service, that certification will create a presumption that the emergency healthcare service was medically necessary, and such presumption may be rebutted only if the utilization review entity can establish, with clear and convincing evidence, that the emergency healthcare service was not medically necessary. (d) (1) The determination by a utilization review entity of medical necessity of an emergency healthcare service shall not be based on whether the emergency healthcare service was provided by a healthcare provider that is a member of the health benefit plan's provider network. (2) Restrictions on coverage for an emergency healthcare service provided by a healthcare provider that is not a member of the health benefit plan's provider network shall not be greater than restrictions on coverage for an emergency healthcare service provided by a healthcare provider that is a member of the health benefit plan's provider network. (1) The determination by a utilization review entity of medical necessity of an emergency healthcare service shall not be based on whether the emergency healthcare service was provided by a healthcare provider that is a member of the health benefit plan's provider network. (2) Restrictions on coverage for an emergency healthcare service provided by a healthcare provider that is not a member of the health benefit plan's provider network shall not be greater than restrictions on coverage for an emergency healthcare service provided by a healthcare provider that is a member of the health benefit plan's provider network. (e) (1) If a subscriber receives an emergency healthcare service that requires an immediate post-evaluation or post-stabilization healthcare service, a utilization review entity shall make an authorization within sixty (60) minutes of receiving a request. (2) If the authorization is not made within sixty (60) minutes, the emergency healthcare service shall be approved. (1) If a subscriber receives an emergency healthcare service that requires an immediate post-evaluation or post-stabilization healthcare service, a utilization review entity shall make an authorization within sixty (60) minutes of receiving a request. (2) If the authorization is not made within sixty (60) minutes, the emergency healthcare service shall be approved. Amended by Act 2017, No. 815,§ 4, eff. 8/1/2017. Added by Act 2015, No. 1106,§ 2, eff. 7/22/2015. ## Nearby sections - [Ark. Code Ann. § 23-99-1101 Title](https://www.frixlaw.com/law-library/statutes/STATE_AR_T23_C99_S11_S23-99-1101.md) - [Ark. Code Ann. § 23-99-1102 Legislative findings and intent](https://www.frixlaw.com/law-library/statutes/STATE_AR_T23_C99_S11_S23-99-1102.md) - [Ark. Code Ann. § 23-99-1103 Definitions](https://www.frixlaw.com/law-library/statutes/STATE_AR_T23_C99_S11_S23-99-1103.md) - [Ark. Code Ann. § 23-99-1104 Disclosure required](https://www.frixlaw.com/law-library/statutes/STATE_AR_T23_C99_S11_S23-99-1104.md) - [Ark. Code Ann. § 23-99-1105 Prior authorization - Nonurgent healthcare service](https://www.frixlaw.com/law-library/statutes/STATE_AR_T23_C99_S11_S23-99-1105.md) - [Ark. Code Ann. § 23-99-1106 Prior authorization - Urgent healthcare service](https://www.frixlaw.com/law-library/statutes/STATE_AR_T23_C99_S11_S23-99-1106.md) - [Ark. Code Ann. § 23-99-1107 Prior authorization - Emergency healthcare service](https://www.frixlaw.com/law-library/statutes/STATE_AR_T23_C99_S11_S23-99-1107.md) - [Ark. Code Ann. § 23-99-1108 Subscribers with terminal illness - Denial of prior authorization for covered prescription pain medication prohibited](https://www.frixlaw.com/law-library/statutes/STATE_AR_T23_C99_S11_S23-99-1108.md) - [Ark. Code Ann. § 23-99-1109 Rescission of prior authorizations - Denial of payment for prior authorized services - Limitations](https://www.frixlaw.com/law-library/statutes/STATE_AR_T23_C99_S11_S23-99-1109.md) - [Ark. Code Ann. § 23-99-1110 Waiver prohibited](https://www.frixlaw.com/law-library/statutes/STATE_AR_T23_C99_S11_S23-99-1110.md) - [Ark. Code Ann. § 23-99-1111 Requests for prior authorization - Qualified persons authorized to review and approve - Adverse determinations to be made only by Arkansas-licensed physicians - Opportunity to discuss treatment before adverse determination](https://www.frixlaw.com/law-library/statutes/STATE_AR_T23_C99_S11_S23-99-1111.md) - [Ark. Code Ann. § 23-99-1112 Application of subchapter](https://www.frixlaw.com/law-library/statutes/STATE_AR_T23_C99_S11_S23-99-1112.md) - [Ark. Code Ann. § 23-99-1113 Benefit inquiries authorized](https://www.frixlaw.com/law-library/statutes/STATE_AR_T23_C99_S11_S23-99-1113.md) - [Ark. Code Ann. § 23-99-1114 Limitation on step therapy - Definitions](https://www.frixlaw.com/law-library/statutes/STATE_AR_T23_C99_S11_S23-99-1114.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_AR_T23_C99_S11_S23-99-1107. Check the current official text before relying on it. Not legal advice.