Plan of operation

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  1. (a)

    1. (1) The Board of Directors of the Arkansas Comprehensive Health Insurance Pool shall adopt a plan of operation pursuant to this subchapter and shall submit to the Insurance Commissioner for approval the plan of operation including the Arkansas Comprehensive Health Insurance Pool's articles, bylaws and operating rules, and any amendments thereto necessary or suitable to assure the fair, reasonable, and equitable administration of the pool. The plan of operation shall become effective upon approval in writing by the commissioner.

    2. (2) If the board fails to submit a suitable plan of operation within one hundred eighty (180) days after the appointment of the board of directors, or at any time thereafter fails to submit suitable amendments to the plan of operation, the commissioner shall adopt and promulgate such rules as are necessary or advisable to effectuate the provisions of this section. The rules shall continue in force until modified by the commissioner or superseded by a plan of operation submitted by the board and approved by the commissioner.

  2. (b) The plan of operation shall:

    1. (1) Establish procedures for operation of the pool;

    2. (2) Establish procedures for selecting a plan administrator in accordance with § 23-79-508;

    3. (3) Create a fund, under management of the board, to pay administrative claims and other expenses of the pool;

    4. (4) Establish procedures for the handling, accounting, and auditing of assets, moneys, and claims of the pool and the plan administrator;

    5. (5) Develop and implement a program to publicize the existence of the plan, the eligibility requirements, and the procedures for enrollment and to maintain public awareness of the plan;

    6. (6)

      1. (A) Establish procedures under which applicants and participants may have grievances reviewed by a grievance committee appointed by the board. The grievances shall be reported to the board after completion of the review.

      2. (B) The board shall retain all written complaints regarding the plan for at least three (3) years; and

    7. (7) Provide for other matters as may be necessary and proper for the execution of the board's powers, duties, and obligations under this subchapter.


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