2019 Arkansas Code
Title 26 - Taxation
Subtitle 5 - State Taxes
Chapter 57 - State Privilege Taxes
Subchapter 6 - Insurance Premium Taxes
§ 26-57-610. Disposition of Taxes
(a) The Insurance Commissioner shall deposit all taxes collected under §§ 26-57-604 and 26-57-605 into the State Treasury.
(b) On the last business day of each month the Treasurer of State shall classify the taxes by type of revenue and credit the net amounts respectively of taxes collected under §§ 26-57-604 and 26-57-605 as follows:
(1) The taxes based on premiums collected as special revenues shall be distributed to the respective cities, incorporated towns, and fire protection districts in this state for credit to the respective firemen's relief and pension funds;
(2) The taxes based on premiums collected under the Health Care Independence Act of 2013, § 20-77-2401 et seq. [repealed], the Arkansas Works Act of 2016, § 23-61-1001 et seq., the Arkansas Health Insurance Marketplace Act, § 23-61-801 et seq., or individual qualified health insurance plans, including without limitation stand-alone dental plans, issued through the health insurance marketplace as defined by § 23-61-1003 shall be:
(A) At the time of deposit, separately certified by the commissioner to the Treasurer of State for classification and distribution under this section; and
(B) Transferred to the Arkansas Works Program Trust Fund and used as required by the Arkansas Works Program Trust Fund;
(3) Except as provided in subdivision (b)(4) of this section [repealed], all other taxes collected under §§ 26-57-604 and 26-57-605 shall be classified as general revenues, and the net amount of taxes collected under §§ 26-57-604 and 26-57-605 shall be credited to the various State Treasury funds participating in general revenues in the respective proportions to each as provided by and to be used for the respective purposes set forth in the Revenue Stabilization Law, § 19-5-101 et seq.; and
(4) [Repealed.]
(5) The taxes based on premiums collected under the Arkansas Medicaid Program as administered by a risk-based provider organization shall be:
(A) At the time of deposit, separately certified by the commissioner to the Treasurer of State for classification and distribution under this section;
(B)
(i) Transferred in amounts not less than fifty percent (50%) of the taxes based on premiums collected under the Arkansas Medicaid Program as administered by a risk-based provider organization to the designated account created by § 20-48-1004 within the Arkansas Medicaid Program Trust Fund to solely provide funding for home and community-based services to individuals with intellectual and developmental disabilities until the Department of Human Services certifies to the Department of Finance and Administration that the waiting list for the Alternative Community Services Waiver Program, also known as the “Developmental Disabilities Waiver”, is eliminated.
(ii) On and after the certification as described in subdivision (b)(5)(B)(i) of this section, all amounts of the taxes based on premiums collected under the Arkansas Medicaid Program as administered by a risk-based provider organization shall be transferred as described in subdivision (b)(5)(C) of this section; and
(C) On and after the certification as described in subdivision (b)(5)(A) of this section and after the transfer under subdivision (b)(5)(B)(i) of this section, transferred in the remainder to the Arkansas Medicaid Program Trust Fund and used as provided by § 19-5-985 as well as being used to provide funding for:
(i) The quality incentive pool under the Medicaid Provider-Led Organized Care Act, § 20-77-2701 et seq.;
(ii) Home and community-based services for individuals with behavioral health needs and intellectual and developmental disabilities; and
(iii) Other services covered by the Arkansas Medicaid Program as determined by the Department of Human Services.
