§ 23-61-804. Duties of Arkansas Health Insurance Marketplace

AR Code § 23-61-804 (2018) (N/A)
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(1)

(A) Implement procedures and criteria for the certification, recertification, and decertification of health benefit plans as qualified health plans in coordination with the Insurance Commissioner and in compliance with state and federal law.

(B) The procedures and criteria shall comply with applicable:

(i) Federal law;

(ii) Federal waivers obtained by the state to implement the Arkansas Works Program established by the Arkansas Works Act of 2016, § 23-61-1001 et seq.; and

(iii) Rules promulgated by the State Insurance Department and the Department of Human Services under the Arkansas Works Program established by the Arkansas Works Act of 2016, § 23-61-1001 et seq.;

(2) Provide for the operation of a toll-free telephone hotline to respond to requests for assistance;

(3)

(A) Maintain a website through which enrollees and prospective enrollees of qualified health plans may obtain standardized comparative information on such plans.

(B) The Board of Directors of the Arkansas Health Insurance Marketplace in coordination with the commissioner shall ensure that an entity offering a qualified health plan through the Arkansas Health Insurance Marketplace shall post the information described in § 23-79-159 on the Arkansas Health Insurance Marketplace website in a readily accessible format.

(C) Beginning January 1, 2017, a health carrier offering a qualified health plan shall post on the public part of its website in a readily accessible format the formulary list for each individual qualified health plan and the following information:

(i) The qualified health plan to which the formulary applies;

(ii) Any exclusions from coverage or restrictions, including:

(a) Any tiering structure, including copay and coinsurance requirements;

(b) Prior authorization requirements;

(c) Step-therapy requirements;

(d) Deductibles and cost sharing;

(e) Quantity limits; and

(f) Whether access is dependent upon the location where a prescription drug is obtained or administered; and

(iii) The appeal process for a denial of coverage or adverse determination for an item or service for a prescription drug;

(4) Assign a rating to each qualified health plan offered through the Arkansas Health Insurance Marketplace and determine each qualified health plan's level of coverage in accordance with regulations issued by the Secretary of the United States Department of Health and Human Services under section 1302(d)(2)(A) of the federal act;

(5) Use a standardized format for presenting health benefit options in the Arkansas Health Insurance Marketplace;

(6) Review compensation rates for licensed brokers and agents;

(7) Establish and make available by electronic means a calculator to determine the actual cost of coverage after application of a premium tax credit under section 36B of the Internal Revenue Code of 1986 as existing on April 23, 2013, and any cost-sharing reduction under section 1402 of the federal act;

(8)

(A) Establish a small business health options program through which qualified employers may access coverage for their employees.

(B) The small business health options program, without limitation, shall enable a qualified employer to specify a level of coverage so that any of its employees may enroll in a qualified health plan offered through the program at the specified level of coverage;

(9) Subject to section 1411 of the federal act, grant a certification attesting that, for purposes of the individual responsibility penalty under section 5000A of the Internal Revenue Code of 1986 as existing on April 23, 2013, an individual is exempt from the individual responsibility requirement or from the penalty imposed by that section of the Internal Revenue Code of 1986 because:

(A) There is no affordable qualified health plan available through the Arkansas Health Insurance Marketplace or the individual's employer covering the individual; or

(B) The individual meets the requirements for any other such exemption from the individual responsibility requirement or penalty;

(10) Transfer to the Secretary of the United States Department of the Treasury the following:

(A) A list of the individuals who are issued a certification under subdivision (9) of this section, including the name and taxpayer identification number of each individual;

(B) The name and taxpayer identification number of each individual who was an employee of an employer but who was determined to be eligible for the premium tax credit under section 36B of the Internal Revenue Code of 1986 as existing on April 23, 2013, because:

(i) The employer did not provide minimum essential coverage; or

(ii) The employer provided the minimum essential coverage, but it was determined under section 36B(c)(2)(C) of the Internal Revenue Code of 1986 as existing on April 23, 2013, either to be unaffordable to the employee or not to provide the required minimum actuarial value; and

(C) The name and taxpayer identification number of each individual who:

(i) Notifies the Arkansas Health Insurance Marketplace under section 1411(b)(4) of the federal act that he or she has changed employers; and

(ii) Ceases coverage under a qualified health plan during a plan year and the effective date of that cessation;

(11) Provide to each employer the name of each employee of the employer described in subdivision (10)(B) of this section who ceases coverage under a qualified health plan during a plan year and the effective date of the cessation;

(12) (A) Select entities qualified to serve as navigators and award grants to enable navigators to:

(i) Conduct public education activities to raise awareness of the availability of qualified health plans;

(ii) Distribute fair and impartial information concerning enrollment in qualified health plans and the availability of premium tax credits under section 36B of the Internal Revenue Code of 1986 as existing on April 23, 2013, and cost-sharing reductions under section 1402 of the federal act;

(iii) Facilitate enrollment in qualified health plans;

(iv) Provide referrals to any applicable office of health insurance consumer assistance or health insurance ombudsman or to any other appropriate state agency or agencies for any enrollee with a grievance, complaint, or question regarding his or her health benefit plan or health benefit coverage or a determination under his or her health benefit plan or health benefit coverage; and

(v) Provide information in a manner that is culturally and linguistically appropriate to the needs of the population being served by the Arkansas Health Insurance Marketplace.

(B) The board shall ensure in the navigator selection process that the navigators are geographically, culturally, ethnically, and racially representative of the populations served; and

(13) Otherwise comply with a requirement the board determines is necessary to obtain or maintain the approval to administer a health insurance marketplace.