reglab/housing_qa huggingface dataset:
AR Code § 20-77-703 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 77 - Medical Assistance|Subchapter 7 - Special Needs Trust Revolving Fund|§ 20-77-703. Creation of Special Needs Trust Revolving Fund

 (a) There is created in the State Treasury a revolving fund to be designated the “Special Needs Trust Revolving Fund”. The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of:  (1) All moneys received from those individuals who desire to establish or maintain eligibility for benefits under the medical assistance program but who possess income or resources, including funds recovered from third parties, in excess of the established federal eligibility requirements, and the consideration for divestiture of income and resources shall be presumed to be for adequate and fair compensation; and  (2) All moneys received by the cotrustees of the Special Needs Trust Revolving Fund from any other source, including moneys received from any state, federal, or private source.    (b) All interest earned as a result of investing moneys in the fund shall be paid into the fund and not into the general revenues of this state. All moneys accruing to the credit of the fund are appropriated and may be budgeted and expended by cotrustees for the purpose of implementing the provisions of this subchapter. If the cotrustees do not agree about the payment of any benefit or benefits, the determination of the Department of Human Services shall be binding.
AR Code § 20-77-704 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 77 - Medical Assistance|Subchapter 7 - Special Needs Trust Revolving Fund|§ 20-77-704. Payment of trust funds

 (a) The cotrustees of the Special Needs Trust Revolving Fund are hereby given complete discretion as to the expenditure of principal and income of the Special Needs Trust Revolving Fund for the purposes set forth in this subchapter, not to exceed all of the income earned by the fund annually and no more than ten percent (10%) of the principal of the fund. All income not expended annually shall become a part of and be added to the principal of the fund. The expenditures from the fund shall be subject to § 20-77-705 and shall have the following priorities:  (1) Each claimant who is also a contributing beneficiary shall be deemed to have priority as to distribution of his or her share of the principal and the income earned by his or her share of the fund; and  (2) Any of the share of principal or income of the contributing beneficiary not expended for the contributing beneficiary plus all expenditure of principal and income as allowed above which are not designated for any contributing beneficiary may be expended for any other claimant.    (b)  (1) The cotrustees shall keep a current account balance for each contributing beneficiary's fund, with the balance to be reduced by all expenditures for that contributing beneficiary whether out of the fund or from any collateral source until the balance reaches zero dollars ($0.00).  (2) Should the contributing beneficiary die before his or her balance reaching zero dollars ($0.00), the balance shall be paid to the estate of the deceased contributing beneficiary.    (c) When a contributing beneficiary's account balance as described in subsection (b) of this section reaches zero dollars ($0.00), the contributing beneficiary shall be treated as any other claimant for purposes of receiving benefits from this fund. In addition to the annual accounting as required by § 20-77-108, the cotrustees shall notify a contributing beneficiary when his or her account balance reaches zero dollars ($0.00).  (d) A benefit shall not be subject to execution, attachment, garnishment, or other process, except that benefits for allowable expenses shall not be exempt from a creditor to the extent that the creditor has provided products, services, or accommodations, the costs of which are included in the benefit.  (e) An assignment by the claimant to any future benefit under the provisions of this subchapter is unenforceable, except an assignment of any benefit for allowable expense to the extent that the benefits are for the cost of products, services, or accommodations necessitated by the injury or disability on which the claim is based and are provided or are to be provided by the assignee.
AR Code § 20-77-705 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 77 - Medical Assistance|Subchapter 7 - Special Needs Trust Revolving Fund|§ 20-77-705. Conditions for benefits — Changes in benefits

 (a) Benefits shall not be awarded:  (1) Unless the claim has been filed with the cotrustees of the Special Needs Trust Revolving Fund after the injury, disability, or medical condition exists; or  (2) If any governmental entitlement or insurance program provides comparable benefits to persons eligible to participate in those programs.    (b) Benefits otherwise payable to a beneficiary shall be diminished to the extent that the economic loss is recouped from collateral sources and retained by the beneficiary or claimant.  (c) In determining eligibility for benefits from the Special Needs Trust Revolving Fund, the cotrustees shall apply the same eligibility standards as those then in effect for assistance under the state medical assistance program.  (d) In the event that the fund results in a contributing beneficiary’s being declared ineligible for state medical assistance payments, the contributing beneficiary may elect:  (1) To take no action;  (2) To withdraw from the fund, whereupon the contributing beneficiary shall be entitled to the unexpended portion of his or her contribution; or  (3) To continue to participate in the fund and be eligible for benefits from the fund, but to relinquish any other interest in the fund, including any right the contributing beneficiary or the contributing beneficiary's estate may have had to any unexpended portion of the beneficiary's contribution. Any such relinquishment shall be deemed to have been made for adequate consideration.
AR Code § 20-77-706 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 77 - Medical Assistance|Subchapter 7 - Special Needs Trust Revolving Fund|§ 20-77-706. Waiver of physician-patient privilege — Examinations and reports

 (a) Any person filing a claim under the provisions of this subchapter shall be deemed to have waived any physician-patient privilege as to communications or records relevant to an issue of the physical, mental, or emotional conditions of the claimant.  (b) If the mental, physical, or emotional condition of a claimant is material to a claim, upon good cause shown, the cotrustees of the Special Needs Trust Revolving Fund may order the claimant to submit to a mental or physical examination. The order shall specify the time, place, manner, conditions, and scope of the examination and the person by whom it is to be made. The order shall also require the person to file a detailed written report of the examination with the cotrustees. The report shall set out the findings of the person making the report, including results of all tests made, diagnoses, prognoses, and other conclusions and reports of earlier examinations of the same conditions.  (c) The cotrustees shall furnish to the beneficiary a copy of any reports examined.  (d) The cotrustees may require the claimant to supply any additional medical or psychological reports available relating to the injury or death for which reparations are claimed.
AR Code § 20-77-707 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 77 - Medical Assistance|Subchapter 7 - Special Needs Trust Revolving Fund|§ 20-77-707. Application forms — Cooperation by applicant

 Each local office of the Department of Human Services shall keep application forms prepared and provided by the cotrustees of the Special Needs Trust Revolving Fund and make them available to any person upon request.
AR Code § 20-77-708 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 77 - Medical Assistance|Subchapter 7 - Special Needs Trust Revolving Fund|§ 20-77-708. Confidential information

 The following information, when submitted to the cotrustees of the Special Needs Trust Revolving Fund as part of an application, shall be confidential:   (1) Documents submitted by a claimant which relate to medical treatment; and  (2) Investigative reports, if confidential under any other law.
AR Code § 20-77-709 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 77 - Medical Assistance|Subchapter 7 - Special Needs Trust Revolving Fund|§ 20-77-709. Powers of cotrustees of Special Needs Trust Revolving Fund — Logistical support

 (a)  (1)  (A) The cotrustees of the Special Needs Trust Revolving Fund shall have the power to award benefits if satisfied by a preponderance of the evidence that the requirements for benefits have been met.  (B) The cotrustees shall have authority to award the benefits either to the claimant or directly to the provider of services.    (2) The cotrustees shall hear and determine all matters relating to claims for benefits, including the power to reopen claims without regard to statutes of limitation.  (3) The cotrustees shall have the power to subpoena witnesses, compel their attendance, require the production of records and other evidence, administer oaths or affirmations, conduct hearings, and receive relevant information regarding any claim.  (4) The cotrustees shall be provided such office, support staff, and secretarial services as are deemed necessary, and the reasonable costs of administration of the trust shall be borne by the trust.    (b) In addition to any other powers and duties specified elsewhere in this subchapter, the cotrustees may:  (1) Regulate the fund's own procedure except as otherwise provided in this subchapter;  (2) Adopt rules to implement the provisions of this subchapter;  (3) Define any term not defined in this subchapter;  (4) Prescribe forms necessary to carry out the purposes of this subchapter;  (5) Request access to any reports of investigations or other data necessary to assist the cotrustees in making a determination of eligibility for benefits under the provisions of this subchapter;  (6) Take notice of general, technical, and scientific facts within their specialized knowledge; and  (7) Publicize the availability of benefits and information regarding the filing of claims therefor.
AR Code § 20-77-710 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 77 - Medical Assistance|Subchapter 7 - Special Needs Trust Revolving Fund|§ 20-77-710. Annual report of cotrustees of Special Needs Trust Revolving Fund

 The cotrustees of the Special Needs Trust Revolving Fund shall prepare and transmit annually a report of their activities to the Secretary of the Department of Human Services. This report shall include the amount of benefits paid and a statistical summary of claims and benefits made and denied.
AR Code § 20-77-801 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 77 - Medical Assistance|Subchapter 8 - Home Intravenous Drug Therapy Services|§ 20-77-801. Definitions

 As used in this subchapter:   (1)  (A) “Home intravenous drug therapy services” means the items and services described in subdivision (1)(B) of this section furnished to an individual who is under the care of a physician in a place of residence used as the individual's home, by a qualified home intravenous drug therapy provider, and under a plan established and periodically reviewed by a physician.  (B) “Home intravenous drug therapy services” includes pharmacy and related services, including medical supplies, intravenous fluids, and equipment used in administering intravenous fluids as are necessary to conduct safely and effectively an intravenous-administered drug regimen;    (2) “Qualified pharmacy home intravenous drug therapy provider” means any entity that the Arkansas State Board of Pharmacy determines meets the following requirements:  (A) Is capable of providing home intravenous drug therapy services;  (B) Makes services available, as needed, seven (7) days a week on a twenty-four-hour basis;  (C) Adheres to the appropriate written protocols and policies with respect to the provision of items and services;  (D) Maintains clinical records on all patients;  (E) Coordinates all services with the patient's physician;  (F) Maintains patient records as to frequency of nursing visits, certificate of medical necessity from the attending physician, progress reports on the patient, and a patient care plan;  (G) Conducts a quality assessment and assurance program, including drug regimen review and coordination of patient care;  (H) Provides sterile compounding of intravenous drugs in an atmosphere which contains less than one thousand (1,000) particles 0.5 microns or larger in diameter per cubic foot of air and positive air flow. Clean air hoods must be certified at least annually;  (I) Performs stringent quality control procedures, including complete sterile compounding records of drug lot number, expiration date, quantity used, and a copy of the label attached to the final compounded product;  (J) Is licensed by the board; and  (K) Meets other requirements as the board may determine are necessary to assure the safe and effective provision of home intravenous drug therapy services and the efficient administration of home intravenous drug therapy; and    (3) “Referring physician” means, with respect to providing home intravenous drug therapy services to an individual, a physician who:  (A) Prescribed the home intravenous drug for which the services are to be provided; and  (B) Established the plan of care for the services.
AR Code § 20-77-802 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 77 - Medical Assistance|Subchapter 8 - Home Intravenous Drug Therapy Services|§ 20-77-802. Medicaid payment

 (a) The Medicaid payment shall not exceed an amount equal to the lesser of the qualified provider's usual and customary charges for such services or the reimbursement schedule established under subsection (b) of this section when determined medically necessary by the Arkansas Medicaid Program.  (b)  (1) The Department of Human Services shall establish a reimbursement schedule for the following:  (A) Home intravenous antibiotics;  (B) Chemotherapy;  (C) Pain management;  (D) Total parenteral nutrition; and  (E) Other home intravenous therapies.    (2) A reimbursement schedule established under this section shall be on a per diem basis.  (3) Service per diem rates shall include the following:  (A) Pharmacy sterile compounding fees;  (B) Intravenous pole, infusion pumps, and pump cassettes;  (C) All required intravenous supplies such as syringes, tubing, catheter care kits, etc.; and  (D) Other related services necessary for home intravenous drug services.    (4) The Medicaid reimbursement shall be the average wholesale cost of drug and solution plus a service per diem not to exceed the fortieth percentile of average daily Medicaid per diem to Arkansas hospitals, or the usual and customary reimbursement, whichever is lower.    (c) Reimbursement under this section shall not be subject to the Medicaid pharmacy benefits limits.
AR Code § 20-77-803 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 77 - Medical Assistance|Subchapter 8 - Home Intravenous Drug Therapy Services|§ 20-77-803. Physician clinical management fees

 (a) The referring physician prescribing the home intravenous therapy shall be entitled to Medicaid payment for certain clinical management services determined by the Department of Human Services.  (b) The schedule of physicians' fees for these services shall not exceed on a per diem basis the fortieth percentile of average Medicaid fees paid to physicians for Arkansas hospital visits, or the usual and customary reimbursement, whichever is lower.
AR Code § 20-77-804 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 77 - Medical Assistance|Subchapter 8 - Home Intravenous Drug Therapy Services|§ 20-77-804. Limitation on acceptance of and payments for certain referrals

 (a) Except as provided in subsection (b) of this section, no payment for home intravenous drug therapy services shall be made to any provider in which a physician or a physician's immediate family member has an ownership interest in the provider or in any situation where the physician receives compensation from the provider to induce referrals.  (b) Exceptions:  (1) Subsection (a) of this section does not apply if the ownership interest is the ownership of stock which is traded over a publicly regulated exchange and was purchased on terms generally available to the public;  (2) Subsection (a) of this section does not apply if the compensation is reasonably related to items or services actually provided by the physician and does not vary in proportion to the number of referrals made by the referring physicians, but such exception does not apply to compensation provided for direct patient care services; and  (3) Subsection (a) of this section is not to be construed to apply to a referring physician whose only ownership or financial relationship with the provider is as an uncompensated officer or director of the provider.
AR Code § 20-77-805 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 77 - Medical Assistance|Subchapter 8 - Home Intravenous Drug Therapy Services|§ 20-77-805. Administration of medication

 When the home intravenous drug therapy medication must be administered by a licensed healthcare professional, the administration of this medication shall be provided by a licensed home health agency.
AR Code § 20-77-806 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 77 - Medical Assistance|Subchapter 8 - Home Intravenous Drug Therapy Services|§ 20-77-806. Sales and delivery

 No person or entity shall sell intravenous drugs in this state or deliver the same into this state through the United States mail or a private carrier unless licensed by the Arkansas State Board of Pharmacy.
AR Code § 20-77-807 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 77 - Medical Assistance|Subchapter 8 - Home Intravenous Drug Therapy Services|§ 20-77-807. Sanctions

 No payment may be made under this subchapter for home intravenous drug therapy service which is provided in violation of this subchapter or which jeopardizes federal financial participation.
AR Code § 20-77-808 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 77 - Medical Assistance|Subchapter 8 - Home Intravenous Drug Therapy Services|§ 20-77-808. Exclusion

 The provisions of this subchapter shall not be deemed to grant the Arkansas State Board of Pharmacy any authority to regulate the practice of nursing in this state, and the practicing of nursing in this state shall remain the sole responsibility of the Arkansas State Board of Nursing pursuant to the Nurse Practices Act, § 17-87-101 et seq.
AR Code § 20-77-905 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 77 - Medical Assistance|Subchapter 9 - Medicaid Fraud False Claims Act|§ 20-77-905. Order compelling testimony or production of evidence — Immunity — Contempt

 (a)  (1)  (A) In any proceeding or investigation under this subchapter, if a person refuses to answer a question or produce evidence of any kind on the ground that he or she may be incriminated and if the Attorney General or prosecuting attorney requests the court in writing to order the person to answer the question or produce the evidence, the court may make this order, and the person shall comply with the order.  (B) If the court denies the request, the court shall state its reasons for the denial in writing.    (2) After complying, the testimony or evidence or any information directly derived from the testimony or evidence shall not be used against the person in any proceeding or prosecution of a crime or offense concerning which he or she gave an answer or produced evidence under the court order.  (3) Immunity obtained pursuant to this section does not exempt any person from prosecution, penalty, or forfeiture for any perjury, false swearing, or contempt committed in answering or failing to answer or in producing or failing to produce evidence in accordance with the order.    (b) If a person refuses to testify after being granted immunity and after being ordered to testify as prescribed in subsection (a) of this section, he or she may be adjudged in contempt.
AR Code § 20-77-906 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 77 - Medical Assistance|Subchapter 9 - Medicaid Fraud False Claims Act|§ 20-77-906. Evidence — Disclosure

 (a) If the Attorney General determines that disclosure to the respondent of the evidence relied on to establish reasonable cause is not in the best interests of the investigation, he or she may request that the court examine the evidence in camera. If the Attorney General makes this request, the court may examine the evidence in camera and then make its determination.  (b)  (1) Any procedure, testimony taken, or material produced under this section shall be kept confidential by the Attorney General before bringing an action against a person under this subchapter for the violation under investigation unless any of the following applies:  (A) Confidentiality is waived by the person whose testimony is disclosed;  (B) Confidentiality is waived by the person who produced to the Attorney General the material being disclosed;  (C) The testimony or material is disclosed solely to the person, or the person's attorney, who testified or provided the material to the Attorney General; or  (D) Disclosure is authorized by court order.    (2) The Attorney General may disclose the testimony or material to an agency director of the State of Arkansas, of the United States, or of any other state, to the prosecuting attorney, or to the United States Attorney.    (c) An investigator conducting an examination pursuant to this section may exclude from the place of examination any person except the person being examined and the person's counsel.  (d) Nothing in this section shall be construed to limit the Attorney General's authority to access provider records in accordance with existing provisions of the Arkansas Code of 1987 Annotated.
AR Code § 20-77-908 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 77 - Medical Assistance|Subchapter 9 - Medicaid Fraud False Claims Act|§ 20-77-908. False claims jurisdiction — Procedure

 (a) Any action under this subchapter may be brought in Pulaski County Circuit Court or the county where the defendant or, in the case of multiple defendants, any one (1) defendant resides.  (b) A civil action under this section may not be brought more than five (5) years after the date on which the violation of this subchapter is committed.  (c) In any action brought pursuant to this subchapter, the State of Arkansas shall be required to prove all essential elements of the cause of action, including damages, by a preponderance of the evidence.  (d) A subpoena requiring the production of documents or the attendance of a witness at an interview, trial, or hearing conducted under this section may be served by the Attorney General or any duly authorized law enforcement officer in the State of Arkansas personally, telephonically, or by registered or certified mail. In the case of service by registered or certified mail, the return shall be accompanied by the return post office receipt of delivery of the demand.