Arkansas Code of 1987 (2023)
Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105)
Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417)
Chapter 99 - HEALTH CARE PROVIDERS (§§ 23-99-201 — 23-99-1802)
Subchapter 9 - LIMITATION ON FINANCIAL PENALTIES IN ALTERNATIVE PAYMENT SYSTEMS (§§ 23-99-901 — 23-99-905)
Section 23-99-903 - Physician penalties - Limitation

• (a) A healthcare payor doing business in this state, when determining any gain-sharing or risk-sharing for a healthcare provider, shall not attribute to a healthcare provider any costs that are a result of variations in the healthcare payor's freely negotiated contract pricing with other persons or entities outside the healthcare provider's practice if including the costs reduces a healthcare provider's gain-sharing amount or increases a healthcare provider's risk-sharing amount.

• (b)
  • (1) When determining any gain-sharing or risk-sharing for a healthcare provider based on the achievement of or failure to attain certain benchmarks, a healthcare payor doing business in this state shall use clearly expressed and identifiable benchmarks.
  • (2) At least ninety (90) days in advance of implementation, the healthcare payor shall explain to the healthcare provider the applicability of the identifiable benchmarks.
  • (3) Any identifiable benchmarks shall be within the control of the healthcare provider to achieve or fail to attain.

Amended by Act 2019, No. 862,§ 1, eff. 7/24/2019.

Added by Act 2015, No. 902,§ 1, eff. 7/22/2015.