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 12 - HEALTHCARE CONTRACTING SIMPLIFICATION ACT (§§ 23-99-1201 — 23-99-1210)
Section 23-99-1205 - Contracting process

Universal Citation:
AR Code § 23-99-1205 (2023)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.

  • (a)
    • (1) A material amendment to a healthcare contract is allowed if a contracting entity provides to a participating healthcare provider the material amendment at least ninety (90) days before the effective date of the material amendment and in writing.
    • (2) The notice required under subdivision (a)(1) of this section shall specify the precise healthcare contract or healthcare contracts to which the material amendment applies and be conspicuously labeled as follows:

      "Notice of Material Amendment to Healthcare Contract".

    • (3) The notice shall contain sufficient information about the amendment to allow a healthcare provider to assess the financial impact, if any, of the amendment.
  • (b) A notice described under subdivision (a)(1) of this section is not required for a material amendment resulting solely from a change in a fee schedule or code set if:
    • (1) The fee schedule or code set is published by the United States Government or another third party; and
    • (2) The terms of the healthcare contract expressly state that the healthcare provider's compensation or claims submission is based on the fee schedule or code set.
  • (c)
    • (1) Within ten (10) business days of a healthcare provider's request, a contracting entity shall provide to the healthcare provider a full and complete copy of each healthcare contract between the contracting entity and the healthcare provider.
    • (2) A full and complete copy of the healthcare contract shall include any amendments to the healthcare contract.
  • (d)
    • (1)
      • (A) A healthcare contract shall open for renegotiation and revision at least one (1) time every three (3) years.
      • (B) Under subdivision (d)(1)(A) of this section, a party to the healthcare contract is not required to terminate the healthcare contract in order to open the healthcare contract for renegotiation of the terms.
    • (2) This section does not prohibit a renegotiation of a healthcare contract at any time during the term of the healthcare contract.
  • (e)
    • (1) A violation of this section is:
      • (A) An unfair trade practice under § 23-66-206; and
      • (B) Subject to the Trade Practices Act, § 23-66-201 et seq.
    • (2) If a healthcare contract contains a provision that violates this section, the healthcare contract is void.

Added by Act 2019, No. 734,§ 1, eff. 7/24/2019.


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