reglab/housing_qa huggingface dataset:
AR Code § 20-77-1803 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 77 - Medical Assistance|Subchapter 18 - Arkansas Long-Term Care Partnership Program|§ 20-77-1803. Arkansas Long-Term Care Partnership Program — Created

 (a) The Arkansas Long-Term Care Partnership Program is created within the Department of Human Services.  (b) The Department of Human Services in cooperation with the Insurance Commissioner shall submit applications to the United States Department of Health and Human Services necessary to obtain approval to:  (1) Establish a process for precertification of long-term care insurance policies that meets all the requirements of the program;  (2) Establish minimum requirements that long-term care insurance policies shall meet in order to qualify for precertification, including without limitation:  (A) A conspicuous provision alerting consumers to the availability of consumer information and public education provided by the Department of Human Services;  (B) A guarantee that each insured has an option to cover home and community-based services in addition to nursing facility care;  (C) Inflation protection;  (D) Periodic reporting to include explanations of benefits and a record of insurance payments that count toward Medicaid resource exclusion; and  (E) Reports to the program as the Department of Human Services may require;    (3) Include provisions for reciprocal agreements with other states to extend the Medicaid eligibility protections in subdivision (b)(4) of this section to purchasers of long-term care policies in those states, if at the time the long-term care policies were issued, the policies qualified for precertification in this state;  (4) Include provisions that Medicaid eligibility determinations in the long-term care or related waiver categories for individuals who are the beneficiaries of precertified long-term care insurance policies shall include a resource disregard of one dollar ($1.00) for every dollar of long-term care insurance benefits paid under the individual's prequalified long-term care insurance policy for long-term care services; and  (5) Include an outreach program to educate consumers about the need for long-term care, the availability of long-term care insurance, and the asset protections available under this subsection.
AR Code § 20-77-1804 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 77 - Medical Assistance|Subchapter 18 - Arkansas Long-Term Care Partnership Program|§ 20-77-1804. Applicability

 This subchapter does not supersede the obligations under the Long-Term Care Insurance Act of 2005, § 23-97-301 et seq.
AR Code § 20-77-1805 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 77 - Medical Assistance|Subchapter 18 - Arkansas Long-Term Care Partnership Program|§ 20-77-1805. Continuity of asset protection

 If this subchapter is repealed, any Medicaid asset protection afforded under § 20-77-1803 shall remain effective for the life of the individual receiving long-term care services under this subchapter.
AR Code § 20-77-1901 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 77 - Medical Assistance|Subchapter 19 - Assessment Fee on Hospitals to Improve Healthcare Access|§ 20-77-1901. Definitions

 As used in this subchapter:   (1) “Division” means the Division of Medical Services of the Department of Human Services;  (2) “Hospital” means a health care facility licensed as a hospital by the Division of Health Facilities Services under § 20-9-213;  (3) “Medicare Cost Report” means CMS-2552-96, the Cost Report for Electronic Filing of Hospitals, as it existed on January 1, 2009;  (4) “Net patient revenue” means the amount calculated in accordance with generally accepted accounting principles for hospitals that is reported on Worksheet G-3, Column 1, Line 3, of the Medicare Cost Report adjusted to exclude nonhospital revenue;  (5)  (A) “Nonstate government-owned hospital” means a hospital that is owned and operated by an agency or a unit of a county or municipal government, including without limitation a hospital owned and operated by:  (i) A county under § 14-263-101 et seq.; or  (ii) A city under § 14-264-101 et seq.    (B) “Nonstate government-owned hospital” does not include a hospital that is owned by an agency or unit of county or municipal government but is contracted or leased to an individual, firm, or corporation that is not a government entity;    (6) “Privately operated hospital” means a licensed hospital in Arkansas other than:  (A) Any hospital that is owned and operated by the United States Government;  (B) Any hospital that is an agency or a unit of state government, including without limitation a hospital owned by a state agency or a state university; and  (C) Any nonstate government-owned hospital;    (7) “Specialty hospital” means an acute care general hospital that:  (A) Limits services primarily to children and qualifies as exempt from the Medicare prospective payment system regulation; or  (B) Is primarily or exclusively engaged in the care and treatment of patients with cardiac conditions;    (8) “State plan amendment” means a change or update to the state Medicaid plan;  (9) “Upper payment limit” means the maximum ceiling imposed by federal regulation on privately owned hospital Medicaid reimbursement for inpatient services under 42 C.F.R § 447.272 and outpatient services under 42 C.F.R § 447.321; and  (10)  (A) “Upper payment limit gap” means the difference between the upper payment limit and Medicaid payments not financed using hospital assessments made to all privately operated hospitals.  (B) The upper payment limit gap shall be calculated separately for hospital inpatient and outpatient services.  (C) Medicaid disproportionate share payments shall be excluded from the calculation of the upper payment limit gap.
AR Code § 20-77-1902 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 77 - Medical Assistance|Subchapter 19 - Assessment Fee on Hospitals to Improve Healthcare Access|§ 20-77-1902. Assessment

 (a)  (1) An assessment is imposed on each hospital except those exempted under § 20-77-1905 for each state fiscal year in an amount calculated as a percentage of each hospital's net patient revenue.  (2) The assessment rate shall be determined annually based upon the percentage of net patient revenue needed to generate an amount up to the nonfederal portion of the upper payment limit gap plus the annual fee to be paid to Medicaid under § 20-77-1904(f)(1)(C), but in no case at a rate that would cause the assessment proceeds to exceed the indirect guarantee threshold set forth in 42 C.F.R. § 433.68(f)(3)(i).    (b)  (1)  (A) Except as set forth in subdivision (b)(1)(B) or subdivision (b)(1)(C) of this section, for state fiscal year 2010, net patient revenue shall be determined using the data from each hospital's fiscal year 2007 Medicare Cost Report contained in the Centers for Medicare & Medicaid Services' Healthcare Cost Report Information System file dated June 30, 2008.  (B) If a hospital's fiscal year 2007 Medicare Cost Report is not contained in the Centers for Medicare & Medicaid Services' Healthcare Cost Report Information System file dated June 30, 2008, the hospital shall submit a copy of the hospital's 2007 Medicare Cost Report to the Division of Medical Services of the Department of Human Services in order to allow the division to determine the hospital's net patient revenue for state fiscal year 2010.  (C) If a hospital commenced operations after the due date for a 2007 Medicare Cost Report, the hospital shall submit its 2008 Medicare Cost Report to the division in order to allow the division to determine the hospital's net patient revenue for state fiscal year 2010.    (2) For each subsequent state fiscal year, net patient revenue shall be calculated using the data from each hospital's most recent audited Medicare Cost Report available at the time of the calculation.  (3)  (A) If the audited cost report available under subdivision (b)(2) of this section is more than two (2) years old, the division may elect to use the most recent Medicare Cost Report available at the time of the calculation.  (B) In the event that the division makes an election under subdivision (b)(3)(A) of this section, the division shall use the same Medicare Cost Report for the purposes of calculations under § 20-77-1908.      (c) This subchapter does not authorize a unit of county or local government to license for revenue or impose a tax or assessment upon hospitals or a tax or assessment measured by the income or earnings of a hospital.
AR Code § 20-77-1903 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 77 - Medical Assistance|Subchapter 19 - Assessment Fee on Hospitals to Improve Healthcare Access|§ 20-77-1903. Program administration

 (a) The Director of the Division of Medical Services of the Department of Human Services shall administer the assessment program created in this subchapter.  (b)  (1) The Division of Medical Services of the Department of Human Services shall adopt rules to implement this subchapter.  (2) Unless otherwise provided in this subchapter, the rules adopted under subdivision (b)(1) of this section shall not grant any exceptions to or exemptions from the hospital assessment imposed under § 20-77-1902.  (3) The rules adopted under subdivision (b)(1) of this section shall include any necessary forms for:  (A) Proper imposition and collection of the assessment imposed under § 20-77-1902;  (B) Enforcement of this subchapter, including without limitation letters of caution or sanctions; and  (C) Reporting of net patient revenue.      (c) To the extent practicable, the division shall administer and enforce this subchapter and collect the assessments, interest, and penalty assessments imposed under this subchapter using procedures generally employed in the administration of the division's other powers, duties, and functions.
AR Code § 20-77-1904 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 77 - Medical Assistance|Subchapter 19 - Assessment Fee on Hospitals to Improve Healthcare Access|§ 20-77-1904. Hospital Assessment Account

 (a)  (1) There is created within the Arkansas Medicaid Program Trust Fund a designated account known as the “Hospital Assessment Account”.  (2) The hospital assessments imposed under § 20-77-1902 shall be deposited into the Hospital Assessment Account.    (b) Moneys in the Hospital Assessment Account shall consist of:  (1) All moneys collected or received by the Division of Medical Services of the Department of Human Services from hospital assessments imposed under § 20-77-1902;  (2) Any interest or penalties levied in conjunction with the administration of this subchapter; and  (3) Any appropriations, transfers, donations, gifts, or moneys from other sources, as applicable.    (c) The Hospital Assessment Account shall be separate and distinct from the General Revenue Fund Account of the State Apportionment Fund and shall be supplementary to the Arkansas Medicaid Program Trust Fund.  (d) Moneys in the Hospital Assessment Account shall not be used to replace other general revenues appropriated and funded by the General Assembly or other revenues used to support Medicaid.  (e) The Hospital Assessment Account shall be exempt from budgetary cuts, reductions, or eliminations caused by a deficiency of general revenues.  (f)  (1) Except as necessary to reimburse any funds borrowed to supplement funds in the Hospital Assessment Account, the moneys in the Hospital Assessment Account shall be used only as follows:  (A) To make inpatient and outpatient hospital access payments under § 20-77-1908;  (B) To reimburse moneys collected by the division from hospitals through error or mistake or under this subchapter; or  (C) To pay an annual fee to the division in the amount of three and three-quarters percent (3.75%) of the assessments collected from hospitals under § 20-77-1902 each state fiscal year.    (2)  (A) The Hospital Assessment Account shall retain account balances remaining each fiscal year.  (B) At the end of each fiscal year, any positive balance remaining in the Hospital Assessment Account shall be factored into the calculation of the new assessment rate by reducing the amount of hospital assessment funds that must be generated during the subsequent fiscal year.    (3) A hospital shall not be guaranteed that its inpatient and outpatient hospital access payments will equal or exceed the amount of its hospital assessment.
AR Code § 20-77-1905 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 77 - Medical Assistance|Subchapter 19 - Assessment Fee on Hospitals to Improve Healthcare Access|§ 20-77-1905. Exemptions

 (a) The following hospitals shall be exempt from the assessment imposed under § 20-77-1902 unless the exemption is adjudged to be unconstitutional or otherwise determined to be invalid:  (1) Hospitals that are not privately operated hospitals;  (2) Hospitals licensed by the Department of Health as rehabilitation hospitals; and  (3) Specialty hospitals.    (b) If an exemption under subsection (a) of this section is adjudged to be unconstitutional or otherwise determined to be invalid, the applicable hospitals shall pay the assessment imposed under § 20-77-1902.
AR Code § 20-77-1906 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 77 - Medical Assistance|Subchapter 19 - Assessment Fee on Hospitals to Improve Healthcare Access|§ 20-77-1906. Quarterly notice and collection

 (a)  (1) The annual assessment imposed under § 20-77-1902 shall be due and payable on a quarterly basis.  (2) However, an installment payment of an assessment imposed by § 20-77-1902 shall not be due and payable until:  (A) The Division of Medical Services of the Department of Human Services issues the written notice required by § 20-77-1907(a) stating that the payment methodologies to hospitals required under § 20-77-1908 have been approved by the Centers for Medicare & Medicaid Services and the waiver under 42 C.F.R. § 433.68 for the assessment imposed by § 20-77-1902, if necessary, has been granted by the Centers for Medicare & Medicaid Services;  (B) The thirty-day verification period required by § 20-77-1907(b) has expired; and  (C) The division has made all quarterly installments of inpatient and outpatient hospital access payments that were otherwise due under § 20-77-1908 consistent with the effective date of the approved state plan amendment and waiver.    (3) After the initial installment has been paid under this section, each subsequent quarterly installment payment of an assessment imposed by § 20-77-1902 shall be due and payable within ten (10) business days after the hospital has received its inpatient and outpatient hospital access payments due under § 20-77-1908 for the applicable quarter.    (b) The payment by the hospital of the assessment created in this subchapter shall be reported as an allowable cost for Medicaid reimbursement purposes.  (c)  (1) If a hospital fails to timely pay the full amount of a quarterly assessment, the division shall add to the assessment:  (A) A penalty assessment equal to five percent (5%) of the quarterly amount not paid on or before the due date; and  (B) On the last day of each quarter after the due date until the assessed amount and the penalty imposed under subdivision (c)(1)(A) of this section are paid in full, an additional five percent (5%) penalty assessment on any unpaid quarterly and unpaid penalty assessment amounts.    (2) Payments shall be credited first to unpaid quarterly amounts, rather than to penalty or interest amounts, beginning with the most delinquent installment.  (3) If the division is unable to recoup from Medicaid payments the full amount of any unpaid assessment or penalty assessment, or both, the division may file suit in a court of competent jurisdiction to collect up to double the amount due, the division's costs related to the suit and reasonable attorney's fees.
AR Code § 20-77-1908 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 77 - Medical Assistance|Subchapter 19 - Assessment Fee on Hospitals to Improve Healthcare Access|§ 20-77-1908. Medicaid hospital access payments

 (a) To preserve and improve access to hospital services, for hospital inpatient and outpatient services rendered on or after July 1, 2009, the Division of Medical Services of the Department of Human Services shall make hospital access payments as set forth in this section.  (b) The division shall calculate the hospital access payment amount up to but not to exceed the upper payment limit gap for inpatient and outpatient services.  (c)  (1) All hospitals shall be eligible for inpatient and outpatient hospital access payments each state fiscal year as set forth in this subsection other than hospitals described in § 20-77-1905.  (2)  (A) A portion of the hospital access payment amount, not to exceed the upper payment limit gap for inpatient services, shall be designated as the inpatient hospital access payment pool.  (B) In addition to any other funds paid to hospitals for inpatient hospital services to Medicaid patients, each eligible hospital shall receive inpatient hospital access payments each state fiscal year equal to the hospital's pro rata share of the inpatient hospital access payment pool based upon the hospital's Medicaid discharges for the most recent audited fiscal period divided by the total number of Medicaid discharges of all eligible hospitals.  (C) Inpatient hospital access payments shall be made on a quarterly basis.    (3)  (A) A portion of the hospital access payment amount, not to exceed the upper payment limit gap for outpatient services, shall be designated as the outpatient hospital access payment pool.  (B)  (i) In addition to any other funds paid to hospitals for outpatient hospital services to Medicaid patients, each eligible hospital shall receive outpatient hospital access payments each state fiscal year equal to a percentage adjustment determined by dividing the outpatient hospital access payment pool by Medicaid payments for outpatient services paid to all eligible hospitals.  (ii) The percentage adjustment shall be multiplied by the Medicaid payments for outpatient services paid to the eligible hospital in order to determine the amount of each eligible hospital's outpatient hospital access payment.    (C) Outpatient hospital access payments shall be made on a quarterly basis.      (d) A hospital access payment shall not be used to offset any other payment by Medicaid for hospital inpatient or outpatient services to Medicaid beneficiaries, including without limitation any fee-for-service, per diem, private hospital inpatient adjustment, or cost-settlement payment.
AR Code § 20-77-1909 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 77 - Medical Assistance|Subchapter 19 - Assessment Fee on Hospitals to Improve Healthcare Access|§ 20-77-1909. Effectiveness and cessation

 (a) The assessment imposed under § 20-77-1902 shall cease to be imposed, the Medicaid hospital access payments made under § 20-77-1908 shall cease to be paid, and any moneys remaining in the Hospital Assessment Account in the Arkansas Medicaid Program Trust Fund shall be refunded to hospitals in proportion to the amounts paid by them if:  (1) The inpatient or outpatient hospital access payments required under § 20-77-1908 are changed or the assessments imposed under § 20-77-1902 are not eligible for federal matching funds under Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq., or Title XXI of the Social Security Act, 42 U.S.C. § 1397aa et seq.; or  (2) It is determined in the course of an administrative adjudication or in an action under § 25-15-207 that the Division of Medical Services of the Department of Human Services:  (A) Established Medicaid hospital payment rates that include an offset, in whole or in part, for any hospital access payments under § 20-77-1908; or  (B) Included the net effect of any hospital access payment under § 20-77-1908 when considering whether Medicaid hospital payment rates are:  (i) Consistent with efficiency, economy, and quality of care; and  (ii) Sufficient to enlist enough providers so that Medicaid care and services are available at least to the extent that the care and services are available to the general population in the geographic area.        (b)  (1) The assessment imposed under § 20-77-1902 shall cease to be imposed and the Medicaid hospital access payments under § 20-77-1908 shall cease to be paid if the assessment is determined to be an impermissible tax under Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq.  (2) Moneys in the Hospital Assessment Account in the Arkansas Medicaid Program Trust Fund derived from assessments imposed before the determination described in subdivision (b)(1) of this section shall be disbursed under § 20-77-1908 to the extent federal matching is not reduced due to the impermissibility of the assessments, and any remaining moneys shall be refunded to hospitals in proportion to the amounts paid by them.
AR Code § 20-77-1910 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 77 - Medical Assistance|Subchapter 19 - Assessment Fee on Hospitals to Improve Healthcare Access|§ 20-77-1910. State plan amendment

 (a) The Division of Medical Services of the Department of Human Services shall file with the Centers for Medicare & Medicaid Services a state plan amendment to implement the requirements of this subchapter, including the payment of hospital access payments under § 20-77-1908, no later than forty-five (45) days after March 24, 2009.  (b) If the state plan amendment is not approved by the Centers for Medicare & Medicaid Services, the division shall:  (1) Not implement the assessment imposed under § 20-77-1902; and  (2) Return any assessment fees to the hospitals that paid the fees if assessment fees have been collected.
AR Code § 20-77-2001 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 77 - Medical Assistance|Subchapter 20 - ARKids First Medical Assistance Programs Enrollment and Retention Improvement Program|§ 20-77-2001. Findings

 The General Assembly finds that:   (1) Almost two-thirds (2/3) of the state's uninsured children are already eligible for either ARKids First A or B, but many are not enrolled or do not remain enrolled;  (2) Twenty thousand (20,000) children annually are dropped from the ARKids First A or B programs because of procedural requirements, not through a change in eligibility;  (3) The Children’s Health Insurance Program Reauthorization Act of 2009, Pub. L. No. 111-3, offers financial incentives to states that adopt measures to streamline enrollment and reenrollment in their Medicaid programs;  (4) Other states have found that simplifying enrollment and re-enrollment for families can also save the state administrative costs through improved use of technology and more efficient use of databases and resources already available to the state; and  (5) Working to enroll all eligible children can help to inform planning efforts to effectively enroll newly eligible adults in Medicaid or private insurance as the state implements the Patient Protection and Affordable Care Act, Pub. L. No. 111-148.