# Ark. Code Ann. § 23-99-204: Terms of health benefit plan > Arkansas · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_AR_T23_C99_S2_S23-99-204 ## Section - **Citation:** Ark. Code Ann. § 23-99-204 - **Heading:** Terms of health benefit plan - **Jurisdiction:** Arkansas - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** AR Code / Title 23 / Chapter 99 / Subchapter 2 / Section 23-99-204 ## Text (a) A healthcare insurer shall not, directly or indirectly: (1) (A) Impose a monetary advantage or penalty under a health benefit plan that would affect a beneficiary's choice among those healthcare providers who participate in the health benefit plan according to the terms offered. (B) "Monetary advantage or penalty" includes: (i) A higher copayment; (ii) A reduction in reimbursement for services; or (iii) Promotion of one healthcare provider over another by these methods; (2) Impose upon a beneficiary of healthcare services under a health benefit plan any copayment, fee, or condition that is not equally imposed upon all beneficiaries in the same benefit category, class, or copayment level under that health benefit plan when the beneficiary is receiving services from a participating healthcare provider pursuant to that health benefit plan; or (3) Prohibit or limit a healthcare provider that is qualified under § 23-99-203(d) and is willing to accept the health benefit plan's operating terms and conditions, schedule of fees, covered expenses, and utilization rules and quality standards, from the opportunity to participate in that health benefit plan. (b) Nothing in this subchapter shall prevent a health benefit plan from instituting measures designed to maintain quality and to control costs, including, but not limited to, the utilization of a gatekeeper system, as long as such measures are imposed equally on all providers in the same class. (c) (1) A healthcare insurer may pay a claim for healthcare services by any lawful method, including the alternative payment method by gift card, credit card, or other type of electronic payment or virtual credit card as payment if the healthcare provider is given clear instructions about how to select the alternative payment method. (2) However, a healthcare insurer is prohibited from requiring a healthcare provider to accept a gift card, credit card, or other type of electronic payment or virtual credit card as payment of a claim for healthcare services if the method of payment charges the healthcare provider a service fee to process. Amended by Act 2019, No. 315,§ 2800, eff. 7/24/2019. Amended by Act 2019, No. 300,§ 2, eff. 7/24/2019. Acts 1995, No. 505, § 4; 1995, No. 1193, § 2. (a) A healthcare insurer shall not, directly or indirectly: (1) (A) Impose a monetary advantage or penalty under a health benefit plan that would affect a beneficiary's choice among those healthcare providers who participate in the health benefit plan according to the terms offered. (B) "Monetary advantage or penalty" includes: (i) A higher copayment; (ii) A reduction in reimbursement for services; or (iii) Promotion of one healthcare provider over another by these methods; (2) Impose upon a beneficiary of healthcare services under a health benefit plan any copayment, fee, or condition that is not equally imposed upon all beneficiaries in the same benefit category, class, or copayment level under that health benefit plan when the beneficiary is receiving services from a participating healthcare provider pursuant to that health benefit plan; or (3) Prohibit or limit a healthcare provider that is qualified under § 23-99-203(d) and is willing to accept the health benefit plan's operating terms and conditions, schedule of fees, covered expenses, and utilization rules and quality standards, from the opportunity to participate in that health benefit plan. rvices from a participating healthcare provider pursuant to that health benefit plan; or (3) Prohibit or limit a healthcare provider that is qualified under § 23-99-203(d) and is willing to accept the health benefit plan's operating terms and conditions, schedule of fees, covered expenses, and utilization rules and quality standards, from the opportunity to participate in that health benefit plan. (1) (A) Impose a monetary advantage or penalty under a health benefit plan that would affect a beneficiary's choice among those healthcare providers who participate in the health benefit plan according to the terms offered. (B) "Monetary advantage or penalty" includes: (i) A higher copayment; (ii) A reduction in reimbursement for services; or (iii) Promotion of one healthcare provider over another by these methods; (A) Impose a monetary advantage or penalty under a health benefit plan that would affect a beneficiary's choice among those healthcare providers who participate in the health benefit plan according to the terms offered. (B) "Monetary advantage or penalty" includes: (i) A higher copayment; (ii) A reduction in reimbursement for services; or (iii) Promotion of one healthcare provider over another by these methods; (i) A higher copayment; (ii) A reduction in reimbursement for services; or (iii) Promotion of one healthcare provider over another by these methods; (2) Impose upon a beneficiary of healthcare services under a health benefit plan any copayment, fee, or condition that is not equally imposed upon all beneficiaries in the same benefit category, class, or copayment level under that health benefit plan when the beneficiary is receiving services from a participating healthcare provider pursuant to that health benefit plan; or (3) Prohibit or limit a healthcare provider that is qualified under § 23-99-203(d) and is willing to accept the health benefit plan's operating terms and conditions, schedule of fees, covered expenses, and utilization rules and quality standards, from the opportunity to participate in that health benefit plan. (b) Nothing in this subchapter shall prevent a health benefit plan from instituting measures designed to maintain quality and to control costs, including, but not limited to, the utilization of a gatekeeper system, as long as such measures are imposed equally on all providers in the same class. (c) (1) A healthcare insurer may pay a claim for healthcare services by any lawful method, including the alternative payment method by gift card, credit card, or other type of electronic payment or virtual credit card as payment if the healthcare provider is given clear instructions about how to select the alternative payment method. (2) However, a healthcare insurer is prohibited from requiring a healthcare provider to accept a gift card, credit card, or other type of electronic payment or virtual credit card as payment of a claim for healthcare services if the method of payment charges the healthcare provider a service fee to process. (1) A healthcare insurer may pay a claim for healthcare services by any lawful method, including the alternative payment method by gift card, credit card, or other type of electronic payment or virtual credit card as payment if the healthcare provider is given clear instructions about how to select the alternative payment method. (2) However, a healthcare insurer is prohibited from requiring a healthcare provider to accept a gift card, credit card, or other type of electronic payment or virtual credit card as payment of a claim for healthcare services if the method of payment charges the healthcare provider a service fee to process. Amended by Act 2019, No. 315,§ 2800, eff. 7/24/2019. Amended by Act 2019, No. 300,§ 2, eff. 7/24/2019. Acts 1995, No. 505, § 4; 1995, No. 1193, § 2. ## Nearby sections - [Ark. Code Ann. § 23-99-201 Short title](https://www.frixlaw.com/law-library/statutes/STATE_AR_T23_C99_S2_S23-99-201.md) - [Ark. Code Ann. § 23-99-202 Legislative findings and intent](https://www.frixlaw.com/law-library/statutes/STATE_AR_T23_C99_S2_S23-99-202.md) - [Ark. Code Ann. § 23-99-203 Definitions](https://www.frixlaw.com/law-library/statutes/STATE_AR_T23_C99_S2_S23-99-203.md) - [Ark. Code Ann. § 23-99-204 Terms of health benefit plan](https://www.frixlaw.com/law-library/statutes/STATE_AR_T23_C99_S2_S23-99-204.md) - [Ark. Code Ann. § 23-99-205 Construction](https://www.frixlaw.com/law-library/statutes/STATE_AR_T23_C99_S2_S23-99-205.md) - [Ark. Code Ann. § 23-99-206 Violations](https://www.frixlaw.com/law-library/statutes/STATE_AR_T23_C99_S2_S23-99-206.md) - [Ark. Code Ann. § 23-99-207 Civil penalties](https://www.frixlaw.com/law-library/statutes/STATE_AR_T23_C99_S2_S23-99-207.md) - [Ark. Code Ann. § 23-99-208 Void provisions](https://www.frixlaw.com/law-library/statutes/STATE_AR_T23_C99_S2_S23-99-208.md) - [Ark. Code Ann. § 23-99-209 Applicability](https://www.frixlaw.com/law-library/statutes/STATE_AR_T23_C99_S2_S23-99-209.md) - [Ark. Code Ann. § 23-99-210 Healthcare provider - Adverse professional review action](https://www.frixlaw.com/law-library/statutes/STATE_AR_T23_C99_S2_S23-99-210.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_AR_T23_C99_S2_S23-99-204. Check the current official text before relying on it. Not legal advice.