§ 23-79-513 - Unfair referral to plan -- Prohibited practices by employers.
23-79-513. Unfair referral to plan -- Prohibited practices by employers.
(a) It shall constitute an unfair trade practice under the Trade Practices Act, 23-66-201 et seq., for an insurer, agent, broker, or third-party administrator to refer an individual to the Arkansas Comprehensive Health Insurance Pool or arrange for an individual to apply to the pool for the purpose of:
(1) Separating the individual from group health insurance coverage provided by a group health plan; or
(2) Facilitating enrollment in the pool by any of the following individuals associated with an employer, with the knowledge that the employer intends to pay or is paying all or part of the premium payments owed by the individual for pool coverage:
(A) An employee of the employer;
(B) A retired employee of the employer; or
(C) A dependent of an employee or retired employee of the employer.
(b) Because pool coverage is not intended to cover participants who are eligible for a group health plan, an individual described in subdivision (a)(2) of this section is not eligible:
(1) For pool coverage if the employer associated with the applicant intends to pay for all or part of the pool premium payments for the individual; or
(2) To continue pool coverage if the employer associated with the individual directly or indirectly pays all or part of the pool premium payments for the individual.