reglab/housing_qa huggingface dataset:
AR Code § 20-77-102 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 77 - Medical Assistance|Subchapter 1 - General Provisions|§ 20-77-102. Program for long-term care facility care

 (a) The appropriate division of the Department of Human Services is authorized to establish a program to provide for long-term care facility care for all residents of this state who are found to be qualified for and in need of long-term care facility care, as provided in this section.  (b) The program shall consist of:  (1) Long-term care facililty care for those persons eligible to receive medical care benefits under Title XIX of the Social Security Act in accordance with federal and state regulations promulgated therefor, within the maximum limitations provided under federal law or regulation for federal reimbursement for long-term care facility care under Title XIX of the Social Security Act; and  (2) A program of state financial assistance for long-term care facility care for persons who are not eligible for medical care benefits under Title XIX of the Social Security Act to the extent that the cost of the class of long-term care facility care for which the person is determined to be qualified exceeds the ability of the person to pay for the care.    (c)  (1) However, the deputy director of the appropriate division of the department shall, in establishing the level of payment for services and benefits for long-term care facility care to be provided under the provisions of this section, promulgate appropriate rules to limit the cost of services to the State of Arkansas to funds available or estimated to be available to the appropriate division for that purpose during each fiscal year.  (2) The rules promulgated by the deputy director shall provide that all persons eligible within each class of eligibility shall receive equal consideration for benefits.  (3) The deputy director of the appropriate division of the department is authorized to promulgate such additional rules as deemed to be necessary to prevent abuse of benefits under this section, yet make available to the residents of this state who are eligible the full benefits of this section within the limitation of funds available therefor.    (d) The Secretary of the Department of Human Services, with the approval of the Governor and after obtaining the advice of the Legislative Council, may provide for an expanded comprehensive program of long-term care facility care for residents of this state if he or she deems the program advisable or appropriate in order to take advantage of expanded federal programs or participation therein, within the limitation of funds that may be available to the department therefor.
AR Code § 20-77-103 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 77 - Medical Assistance|Subchapter 1 - General Provisions|§ 20-77-103. Compacts with certain out-of-state hospitals — Definition

 (a) The Governor is authorized to enter into compacts or agreements with one (1) or more public-supported hospitals located within a reasonable distance from the Arkansas border which are used as teaching hospitals for state-supported medical schools in adjoining states. Under the terms of these agreements, the public-supported teaching hospitals shall agree to furnish medical and hospital services for indigent citizens of this state where payment is not available through public welfare or other programs and, upon the payment for these services, from the appropriation provided for by law, of an amount required to reasonably reimburse the public-supported hospital for the costs of these services.  (b) For the purposes of this section, a “public-supported hospital within a reasonable distance from the border of this state” means a public-supported hospital located within fifty (50) miles of the border of Arkansas.  (c) In determining the amount of payments to be made to any public-supported hospital used as a teaching hospital as provided in subsections (a) and (b) of this section, the Governor shall determine the extent to which medical and hospital services have been received by Arkansas citizens during previous years. These payments shall be based upon reasonable estimates of the cost of providing medical services for the year in which payments are to be made.  (d) Each agreement shall be for a fiscal year period but may be renewed, provided funds are appropriated for that purpose, upon mutual agreement of the Governor and the appropriate officials of the public-supported hospital in the other state.
AR Code § 20-77-104 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 77 - Medical Assistance|Subchapter 1 - General Provisions|§ 20-77-104. Double billing — Legislative intent

 (a) It is the specific intent of this section and § 20-77-105 to prohibit any provider of medical services who participates in the Arkansas Medicaid Program to bill or receive payment from any Medicaid-eligible person, his or her spouse, relative, guardian, or any other prospective payee for services or considerations for which payment is either payable in full or has been paid in full by the program.  (b) It is not the intent of this section and § 20-77-105 to eliminate any copayment requirement on the part of any Medicaid-eligible person or his or her payee as required or as provided for in the Arkansas state plan for Medicaid as approved by the United States Department of Health and Human Services.  (c) It is the intent of this section and § 20-77-105 to prohibit any payment by any Medicaid-eligible person or his or her payee in excess of the rate or fee for service that the medical services provider has agreed to accept as payment in full as evidenced by written agreement or contract to participate in the program.
AR Code § 20-77-105 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 77 - Medical Assistance|Subchapter 1 - General Provisions|§ 20-77-105. Double billing — Suspension of medical services provider from Arkansas Medicaid Program

 (a) Any provider of medical services which shall be determined by the administrator of the single state agency for Medicaid to purposely engage in the practice of seeking or receiving double or duplicate payments for the same services either through double billing or through any other device may be suspended from the Arkansas Medicaid Program for a period of time not less than ninety (90) days or not more than one (1) year.  (b) In addition, as a condition of and before reinstatement to the program, the medical services provider shall make full and reasonable restitution to the Medicaid-eligible person or his or her payee for all payment collected.
AR Code § 20-77-106 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 77 - Medical Assistance|Subchapter 1 - General Provisions|§ 20-77-106. Medical services program for Medicaid-eligible patients of Arkansas Children's Hospital

 (a) The Arkansas Children's Hospital, as recognized by § 20-78-102, is authorized to enter into agreements with the appropriate division of the Department of Human Services to establish and maintain a medical services program for Medicaid-eligible patients of the Arkansas Children's Hospital and to transfer funds to the Medical Services Fund Account pursuant to such an agreement.  (b) Such an agreement between the Arkansas Children's Hospital and the appropriate division of the department shall be in compliance with federal law and shall meet the qualifications necessary for federal funds to be paid for the care of eligible patients in the Arkansas Children's Hospital.  (c) The Chief Fiscal Officer of the State shall make rules for the transfer of state funds appropriated for the Arkansas Children's Hospital in order to reimburse the account for expenditures made by the appropriate division of the department in accordance with agreements made between the Arkansas Children's Hospital and the appropriate division of the department.
AR Code § 20-77-108 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 77 - Medical Assistance|Subchapter 1 - General Provisions|§ 20-77-108. Furnishing of annual audit by nonprofit Medicaid providers

 (a) Every nonprofit corporation, except those licensed under § 20-9-201 et seq., which is eligible to receive payments of twenty-five thousand dollars ($25,000) or more for services supplied as a Medicaid provider shall, as a condition of enrollment, provide the Department of Human Services with an annual financial and compliance audit. The audit shall cover the entire operations of the nonprofit organization and be in accordance with the “Guidelines for Financial and Compliance Audits of Programs Funded by the Arkansas Department of Human Services” as promulgated by the department.  (b) Every nonprofit corporation licensed under § 20-9-201 et seq. which is eligible to receive payments of twenty-five thousand dollars ($25,000) or more for services supplied as a Medicaid provider shall, as a condition of enrollment, provide the department with an annual financial audit. The audit shall cover the entire operations of the organization and be in accordance with the Guidelines for Financial and Compliance Audits of Programs Funded by the Arkansas Department of Human Services.  (c) The department is specifically authorized to promulgate rules establishing subrecipient and provider audit requirements for all programs funded through the department.
AR Code § 20-77-109 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 77 - Medical Assistance|Subchapter 1 - General Provisions|§ 20-77-109. Medicaid assistance for children — Effect on child support

 (a) By accepting Medicaid assistance for or on behalf of a child, the recipient thereof shall be deemed to have assigned to the Office of Child Support Enforcement and any appropriate division of the Department of Human Services any rights to medical support, and for collection and distribution under Title IV-D of the Social Security Act, any rights to child support from any other person as the recipient may have:  (1) In his or her own behalf or in behalf of any other family member for whom the recipient is receiving assistance; and  (2) Accrued at the time the assistance, or any portion thereof, is accepted.    (b) The recipient shall have the right to revoke the assignment for the collection and distribution of child support by requesting revocation of the assignment in writing. However, a revocation shall not affect the requirements of § 20-77-307.  (c) Support rights assigned to the department under this section shall constitute an obligation owed to the State of Arkansas by the person responsible for providing the support, and the obligation shall be collectible under all legal processes.  (d) The appropriate division of the department shall give notice, in writing, to each applicant for assistance. The notice shall state that acceptance of assistance would invoke the provisions of subsection (a) of this section and result in an assignment under subsection (a) of this section.
AR Code § 20-77-110 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 77 - Medical Assistance|Subchapter 1 - General Provisions|§ 20-77-110. Increase in reimbursement rate

 Notwithstanding any other provision in federal law or departmental commitment which may exist to the contrary, the Department of Human Services shall not increase any reimbursement rate to any provider or provider groups supported in whole or in part by funds administered by the department, nor shall it adopt any other rule or amendment to the Arkansas Medicaid Program that would result in an obligation of the general revenues of the state without first seeking and receiving the approval of the Governor and the Chief Fiscal Officer of the State.
AR Code § 20-77-111 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 77 - Medical Assistance|Subchapter 1 - General Provisions|§ 20-77-111. Data reports

 (a) The Secretary of the Department of Human Services shall cause to be prepared a compilation of data on the Arkansas Medicaid Program.  (b)  (1) The report shall be issued quarterly and shall include comparisons of expenditures and recipients for the quarter with those of the previous quarters and for the same period the previous year.  (2) It shall include other comparisons in the format as may be requested by the Legislative Council, the House Committee on Public Health, Welfare, and Labor, and the Senate Committee on Public Health, Welfare, and Labor or appropriate subcommittees thereof to which the reports are to be delivered.    (c)  (1) The report shall also identify any changes in eligibility requirements, level of benefits, methods or rates of reimbursement, and any program adjustments implemented to achieve savings in any category of the program.  (2) The report shall also identify any increase or decrease in expenditures as a result of any of these changes in the program.
AR Code § 20-77-115 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 77 - Medical Assistance|Subchapter 1 - General Provisions|§ 20-77-115. Personal care reimbursement rates

 Personal care reimbursement rates shall be established at twelve dollars and thirty-five cents ($12.35) per unit or at lesser amounts as may be established for a program of client-directed personal care which may be developed and implemented by the Department of Human Services.
AR Code § 20-77-119 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 77 - Medical Assistance|Subchapter 1 - General Provisions|§ 20-77-119. Finding — Resource eligibility limit

 (a) The General Assembly finds that:  (1) The income of many elderly Arkansans slightly exceeds the Medicaid eligibility level;  (2) Without adequate health care, many elderly Arkansans will develop more serious health problems, causing them to become debilitated and resulting in loss of independence, higher health costs, and possibly death; and  (3) Expanded Medicaid coverage would improve the health of elderly Arkansans, extend their lives, and reduce their health costs.    (b) When funds become available, the Department of Human Services shall raise the resource eligibility limit for persons sixty-five (65) years of age and over to four thousand dollars ($4,000) for a single individual and six thousand dollars ($6,000) for a married couple.
AR Code § 20-77-122 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 77 - Medical Assistance|Subchapter 1 - General Provisions|§ 20-77-122. Survey agency for psychiatric residential treatment facilities of children

 (a) To the extent required by federal law, the Division of Medical Services of the Department of Human Services shall designate a survey agency to conduct restraint and seclusion surveys in psychiatric residential treatment facilities for children as defined in § 9-28-402.  (b) No designation by the division shall act as a waiver of the provisions of § 9-28-407(a)(3) or any other applicable law governing child welfare agencies.
AR Code § 20-77-123 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 77 - Medical Assistance|Subchapter 1 - General Provisions|§ 20-77-123. Drugs for asthma and other respiratory diseases — Definitions

 (a) As used in this section:  (1) “Drug Review Committee” means physicians and pharmacists who perform unbiased reviews of drugs to determine which drugs should be recommended for inclusion on the Preferred Drug List maintained by the Division of Medical Services of the Department of Human Services;  (2) “Emergency override” means a process developed by the division that permits a pharmacist to obtain immediate permission to dispense an emergency supply of a drug prescribed by the treating physician to treat a medical emergency and for which Medicaid will provide reimbursement;  (3) “Fail-first” means the requirement that a Preferred Drug List drug be utilized before the use of a non-Preferred Drug List drug;  (4) “Override” means a process developed by the division that permits a physician to request review of and to seek permission to prescribe a non-Preferred Drug List drug for which Medicaid will provide reimbursement;  (5) “Preferred Drug List” means a list of drugs within a class of drugs for which Medicaid will provide reimbursement without need of a prior authorization; and  (6) “Unbiased review” means a review by physicians and pharmacists, selected, approved, or appointed by the division, of scientific evidence to determine the comparative effectiveness and safety of healthcare treatments of drugs within a class.    (b) In the event that the division institutes a fail-first practice or policy for drugs for the treatment of asthma or other respiratory diseases, the division shall provide a process to request an override.  (c) In cases of medical emergencies resulting from asthma or other acute respiratory diseases, the dispensing pharmacist shall seek an emergency override before dispensing the emergency supply of drug or drugs to treat the medical emergency condition.
AR Code § 20-77-124 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 77 - Medical Assistance|Subchapter 1 - General Provisions|§ 20-77-124. Medicaid waiver for autism — Definitions

 (a) As used in this section:  (1) “Autism spectrum disorder” means a neurobiological condition that causes significant communication, social, and behavioral challenges that is diagnosed by a team of professionals, including without limitation a licensed physician, licensed psychologist, and a licensed speech-language pathologist;  (2) “Evidence-based strategies” means treatments that have been proven effective with children diagnosed with autism spectrum disorder as established by the National Standards Report by the National Autism Center; and  (3) “Intensive early intervention treatment” means individualized treatment utilizing evidence-based strategies based on a detailed assessment of the child that occurs:  (A) In the home of the child;  (B) In the presence of the parent or legal guardian of the child; and  (C) For a maximum period of twenty-five (25) hours per week.      (b)  (1) The Department of Human Services shall seek a Medicaid waiver from the Centers for Medicare & Medicaid Services to provide intensive early intervention treatment to any eligible child who has been diagnosed with an autism spectrum disorder.  (2)  (A) The waiver shall be for children eighteen (18) months of age through seven (7) years of age.  (B) A child shall not participate in the Medicaid waiver under this section for more than three (3) years.  (C) The Medicaid waiver under this section shall not pay more than fifty thousand dollars ($50,000) annually per child.    (3) The waiver shall seek to develop skills of children in the areas of cognition, behavior, communication, and social interaction.    (c)  (1) The department shall apply for the Medicaid waiver under this section only as funding becomes available for that purpose.  (2) No later than January 1, 2016, the department shall apply to add an additional fifty (50) eligibility slots to the Medicaid waiver for autism, to the extent that appropriation and funding are available.
AR Code § 20-77-125 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 77 - Medical Assistance|Subchapter 1 - General Provisions|§ 20-77-125. Contingency fee audits prohibited — Definitions

 (a) As used in this section:  (1) “Healthcare provider” means a person enrolled to provide health or medical care services or goods authorized under Medicaid;  (2) “Medicaid” means the medical assistance program provided in this state under Title XIX of the Social Security Act of 1965, 42 U.S.C. § 1396 et seq., including components of the program;  (3) “Medicaid integrity audit contract” means a contract required under federal law between the Department of Human Services and a Medicaid integrity audit program contractor to:  (A) Review the actions of healthcare providers furnishing services or goods for which payment may be made under the Arkansas Medicaid Program to determine whether fraud, waste, or abuse has occurred or is likely to occur, or whether fraud, waste, or abuse has the potential for resulting in an expenditure of Medicaid funds that is not intended under the Arkansas Medicaid Program;  (B) Audit Medicaid claims to ensure proper payments were made; or  (C) Identify overpayments made to individuals or entities receiving Medicaid funds; and    (4) “Person” means any individual, company, firm, organization, association, corporation, or other legal entity.    (b) The Division of Medical Services of the Department of Human Services shall not enter into a Medicaid integrity audit contract that authorizes all or part of an auditor's compensation to be based, directly or indirectly, on the amount of overpayments identified or collected by the auditor.  (c)  (1) Within forty-five (45) days after April 11, 2013, the division shall seek a waiver from the Centers for Medicare & Medicaid Services of the requirement that recovery audit contractors, as identified in 42 U.S.C. § 1396a(a)(42)(B), be paid on a contingent fee basis by submitting an amendment to the Medicaid state plan to implement the requirements of this section.  (2)  (A) Except as under subdivision (c)(2)(B) of this section, this section does not apply to:  (i) A contract with a Medicaid integrity audit contractor entered into before the state plan amendment is approved by the Centers for Medicare & Medicaid Services; or  (ii) An existing contingent fee contract entered into before July 1, 2013.    (B) An existing contingent fee contract shall not be renewed from and after July 1, 2013, April 11, 2013, or the date a waiver from the Centers for Medicare & Medicaid Services becomes effective, whichever is later.
AR Code § 20-77-126 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 77 - Medical Assistance|Subchapter 1 - General Provisions|§ 20-77-126. Relation to Arkansas Pharmacy Audit Bill of Rights

 (a) From and after the date that a state plan amendment submitted under § 20-77-125 is approved by the Centers for Medicare & Medicaid Services, § 20-77-125 shall supersede and replace § 17-92-1201(f) with regard to Medicaid integrity audits of pharmacies and pharmacists, but all other subsections of § 17-92-1201 shall continue in full force and effect with regard to Medicaid integrity audits.  (b) Section 17-92-1201 is not affected by § 20-77-125 with regard to audits conducted by or on behalf of a person or entity other than Medicaid integrity audits under subsection (a) of this section.