To the extent permitted by the Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. § 1001 et seq., any provider adversely affected by a violation of this subchapter may sue in circuit court only for injunctive relief against the healthcare insurer, but not for damages. The prevailing party shall be allowed a reasonable attorney's fee and costs.
Ark. Code Ann. § 23-99-207
Civil penalties
Applied in 4 court decisions — leading case Prudential Insurance Co. of America v. National Park Medical Center, Inc. (2005)
Most recently applied in Arkansas Blue Cross & Blue Shield v. Little Rock Cardiology Clinic, P.A. (January 2009)
Acts 1995, No. 505, § 6; 2005, No. 960, § 1.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.