23 CAR § 119-104 – Failure to provide required written notice of state-mandated health benefits

(a) Every organization that fails, as a pattern or practice, to provide the written notice as required under 23 CAR § 119-103 shall be:
1. (1) Deemed to have committed a violation of the Trade Practices Act, Arkansas Code § 23-66-201 et seq., pursuant to Arkansas Code § 23-66-206(8); and
2. (2) Subject to the penalties and provisions governing violations of the Trade Practices Act in Arkansas Code § 23-66-210.
(b) It shall be presumed that the organization is not engaged in a trade practice violation under this section if it has a reasonable procedure in place and regularly provides the written notices as required under 23 CAR § 119-103.
(c) If the organization, or agent thereof, fails to provide the written notice as required in 23 CAR § 119-103, the policyholder or certificate holder is deemed to have selected a health benefits plan subject to each applicable state-mandated health benefit or service that was not listed in the required written notice.