Shown verbatim: the complete text as captured from the official PDF posted by the Arkansas General Assembly, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
Stricken language would be deleted from and underlined language would be added to present law.
1 State of Arkansas A Bill
2 95th General Assembly
3 Regular Session, 2025 HOUSE BILL 1381
4
5 By: Representative Steimel
6 By: Senator B. Johnson
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8 For An Act To Be Entitled
9 AN ACT CONCERNING AN INSURER'S RIGHT TO SUBROGATION
10 AND REIMBURSEMENT FOR MEDICAL AND HOSPITAL BENEFITS;
11 AND FOR OTHER PURPOSES.
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13
14 Subtitle
15 CONCERNING AN INSURER'S RIGHT TO
16 SUBROGATION AND REIMBURSEMENT FOR
17 MEDICAL AND HOSPITAL BENEFITS.
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19 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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21 SECTION 1. DO NOT CODIFY. Legislative intent.
22 It is the intent of the General Assembly to limit the applicability of
23 this act to only the aggregate five thousand dollars ($5,000) in medical and
24 hospital benefits under � 23-89-202(1).
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26 SECTION 2. Arkansas Code � 23-89-207 is amended to read as follows:
27 23-89-207. Insurer's right of reimbursement.
28 (a)(1) Whenever a recipient of benefits under � 23-89-202(1) and (2)
29 recovers in tort for injury, either by settlement or judgment, the insurer
30 paying the benefits has a right of reimbursement and credit out of the tort
31 recovery or settlement, less the cost of collection, as defined.
32 (b)(2) An insurer shall have a lien upon the recovery to the
33 extent of the insurer's benefit payments.
34 (3) If a recipient of benefits under � 23-89-202(1) does not
35 pursue recovery against a liable third party, an insurer shall have a right
36 of subrogation.
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HB1381
1 (4) All cost of collection thereof shall be assessed against the
2 insurer and insured in the proportion each benefits from the recovery.
3 (c) The insurer shall have a lien upon the recovery to the extent of
4 its benefit payments.
5 (d)(5) The An insurer for the party who is liable in damages to
6 the injured party shall not condition settlement or payment of a judgment in
7 favor of the injured party upon issuing a single check jointly to the injured
8 party and the injured party's insurance company.
9 (b) The common law doctrine that requires a party to be made whole
10 before an insurer is reimbursed or is able to subrogate does not apply to the
11 recovery of an insurer under this section.
12 (c) This subchapter does not apply to, modify, or abrogate the rights
13 and obligations under the Workers' Compensation Law, � 11-9-101 et seq.
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2 01/21/2025 2:51:07 PM ANS046Every fact on this page links to its source, starting with the official bill record.