reglab/housing_qa huggingface dataset:
AR Code § 20-77-127 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 77 - Medical Assistance|Subchapter 1 - General Provisions|§ 20-77-127. Eligibility for long-term care

 (a) The eligibility determination regarding every applicant for long-term care nursing facility placement shall be made according to the criteria exactly as set forth in:  (1) The Office of Long-Term Care Procedures for Determination of Medical Need for Nursing Home Services, as it existed on January 1, 2013; and  (2) The Medical Services Policy Manual of the Division of County Operations of the Department of Human Services, as it existed on January 1, 2013.    (b) The eligibility determination criteria established under subsection (a) of this section and any part of subsection (a) of this section shall not be modified, altered, amended, or changed before June 30, 2014.  (c)  (1)  (A) Under 42 C.F.R. § 435.725, certain amounts of income may be deducted from income to:  (i) Calculate the amount certain institutionalized recipients of long-term care Medicaid must contribute to the cost of their care; and  (ii) Determine the amount by which the Medicaid payment to the institution is to be reduced.    (B) The federal regulations also provide for deduction amounts for incurred expenses for “necessary medical or remedial care recognized under state law but not covered under the state's Medicaid plan, subject to reasonable limits the agency may establish on amounts of these expenses”, which are commonly referred to as “Medicaid income offsets”.    (2) The Department of Human Services shall clarify the proper administration of 42 C.F.R. § 435.725, as it existed on January 1, 2017, by creating and promulgating rules that:  (A) Identify and define the types of expenses that are not covered by the Medicaid state plan that are potentially eligible for Medicaid income offsets;  (B) Identify the types of expenses that are not eligible for Medicaid income offsets;  (C) Define a process for determining whether the medical or remedial service is medically appropriate and necessary and not covered under the Medicaid state plan; and  (D) Set reasonable limits on the amounts allowed for eligible Medicaid income offsets.
AR Code § 20-77-130 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 77 - Medical Assistance|Subchapter 1 - General Provisions|§ 20-77-130. Medicaid provider tax returns — Definition

 (a) As used in this section, “affected Medicaid entity” means an individual or entity that:  (1) Provides and is directly reimbursed by Medicaid for services in the Arkansas Medicaid Program;  (2) Is required to submit an annual financial audit to the Department of Human Services; and  (3) Is required to file a state income tax return, state withholding tax return, pass-through entity withholding tax return, or a composite pass-through entity tax return or pay any tax due for the previous calendar year.    (b)  (1) On or before December 1 of each year, the Department of Human Services shall provide the Department of Finance and Administration with a list of the tax identification number of each person and entity enrolled to furnish Medicaid services as an affected Medicaid entity.  (2) The Department of Finance and Administration shall:  (A) Verify whether each person and entity enrolled to furnish Medicaid services identified to it under subdivision (b)(1) of this section filed and paid any state income tax liability owed for the tax year for which the return was due; and  (B) Notify the Department of Human Services if any affected Medicaid entity failed to file any state income tax return, state withholding tax return, pass-through entity withholding tax return, or a composite pass-through entity tax return or pay any tax due for the previous calendar year.    (3) Upon receiving notice from the Department of Finance and Administration under subdivision (b)(2) of this section, the Department of Human Services shall notify the affected Medicaid entity that the Department of Human Services will terminate the affected Medicaid entity's enrollment in the Arkansas Medicaid Program unless the affected Medicaid entity shows good cause why the affected Medicaid entity's Medicaid enrollment should continue.    (c) The Department of Human Services and the Department of Finance and Administration may adopt rules as needed to implement this section.
AR Code § 20-77-131 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 77 - Medical Assistance|Subchapter 1 - General Provisions|§ 20-77-131. Determination that a Medicaid provider is out of business — Definition

 (a) As used in this section, “entity” means:  (1) A corporation, including without limitation a professional, medical, or dental corporation;  (2) A limited liability company, including without limitation a professional, medical, or dental limited liability company; and  (3) A partnership, including without limitation a limited partnership.    (b)  (1) For the purpose of determining whether an overpayment must be refunded to the United States Government, the Director of the Division of Medical Services of the Department of Human Services is authorized to determine and certify that a Medicaid provider is out of business and that an overpayment owed by the provider cannot be collected under state law and procedures.  (2) The director may make this determination on the basis of any facts and circumstances deemed relevant and material by the director.    (c) For the purpose of this section, the director may conclusively presume a provider to be out of business as of:  (1) The date of suspension, expiration, surrender, or revocation of a license or certification required for the provider to operate; or  (2) For a provider that did business in the form of an entity, the date of the:  (A) Dissolution of the entity;  (B) Occurrence of an event which would trigger dissolution; or  (C) Forfeiture or revocation of the entity's charter or authority to do business by the Secretary of State or other state authority.      (d) A determination or certification made by the director under this section:  (1) Does not abrogate, limit, or modify a provider's debt or obligation to repay;  (2) Is not a defense to recoupment of Medicaid payments from a provider; and  (3) May not serve as the basis for an adverse action against a provider.    (e) The Department of Human Services may promulgate rules to administer this section.
AR Code § 20-77-132 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 77 - Medical Assistance|Subchapter 1 - General Provisions|§ 20-77-132. Diagnosis-related group methodology for hospitals — Definition

 (a) As used in this section, “diagnosis-related group methodology” means a system of classification of diagnoses and procedures based on the International Classification of Diseases, Tenth Revision, Clinical Modification, also known as ICD-10-CM, including without limitation:  (1) The all-patient refined diagnosis-related groups system; and  (2) The enhanced ambulatory procedure grouping system.    (b) To the extent possible, the Department of Human Services shall convert the hospital reimbursement systems under the Arkansas Medicaid Program to a diagnosis-related group methodology to allow more accurate classification of patient populations and description of mortality risks and severity of patient illness.  (c)  (1) The department shall promulgate rules to implement this section.  (2) The rules adopted under subdivision (c)(1) of this section shall address:  (A) How supplemental payments to hospitals shall be considered;  (B) Whether funding for the transition from per diem reimbursement to diagnosis-related group methodology shall be provided to hospitals; and  (C) Whether certain types of hospital providers shall be exempt from the diagnosis-related group methodology.      (d)  (1) The department, in coordination with the Arkansas Hospital Association, Inc., shall develop a plan for the conversion of the hospital reimbursement systems under the Arkansas Medicaid Program as described in subsection (b) of this section.  (2) The conversion plan shall:  (A) Include estimates of the impact of the conversion on all state and federal funds used for hospital payment, including without limitation any impact on critical-access hospitals; and  (B) Be submitted to the Legislative Council for review on or before January 1, 2018.
AR Code § 20-77-133 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 77 - Medical Assistance|Subchapter 1 - General Provisions|§ 20-77-133. Walk-in clinic and emergent care clinic — Medicaid reimbursement — Definitions

 (a) As used in this section:  (1) “Emergent care clinic” means a walk-in clinic focused on the delivery of ambulatory care in a facility outside of traditional emergency care; and  (2) “Walk-in clinic” means a medical clinic that accepts patients on a walk-in basis and without an appointment.    (b) When a Medicaid beneficiary who does not have an assigned primary care provider utilizes or attempts to utilize a walk-in clinic or emergent care clinic, the walk-in clinic or emergent care clinic shall not decline to treat the patient due to his or her lack of a primary care provider.  (c) The Arkansas Medicaid Program shall reimburse for up to four (4) healthcare visits per year at a walk-in clinic or emergent care clinic when the Medicaid beneficiary does not have a primary care provider assigned if the walk-in clinic or emergent care clinic is associated with a hospital.
AR Code § 20-77-134 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 77 - Medical Assistance|Subchapter 1 - General Provisions|§ 20-77-134. Direct access to chiropractic physicians

 (a) On or before January 1, 2018, the Department of Human Services shall adopt rules to allow a Medicaid recipient direct access to a chiropractic physician.  (b) Rules adopted under this section shall:  (1) Allow a Medicaid recipient to receive diagnosis and treatment from a chiropractic physician without a referral from a primary care physician;  (2) Direct the Division of Medical Services of the Department of Human Services to develop a process for reporting diagnosis, treatment, costs of services, and cost-savings benefits under this section; and  (3) Specify that a chiropractic physician who provides diagnosis or treatment, or both, under this section shall receive the same reimbursement as if the Medicaid recipient had been referred to the chiropractic physician by a primary care physician.
AR Code § 20-77-135 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 77 - Medical Assistance|Subchapter 1 - General Provisions|§ 20-77-135. Peer support specialist

 The Department of Human Services shall not disqualify or exclude an individual from participation in the Arkansas Medicaid Program based on a criminal background check if:   (1) The individual is employed as a peer support specialist or other similar position;  (2) The individual obtains certification in peer recovery by the Arkansas Substance Abuse Certification Board;  (3) The certification was obtained after the commission of a criminal offense;  (4) The criminal offense does not involve violence or a sexual act; and  (5) The certification process includes due process for appealing a decision based upon a disqualifying charge in the criminal background check.
AR Code § 20-77-136 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 77 - Medical Assistance|Subchapter 1 - General Provisions|§ 20-77-136. Additional albuterol inhaler

 (a) Annually in the month of August, the Arkansas Medicaid Program shall cover the cost of one (1) additional albuterol inhaler for a Medicaid beneficiary who has been prescribed an albuterol inhaler and who is under eighteen (18) years of age.  (b) The Department of Human Services shall apply for any federal waiver, Medicaid state plan amendments, or other authority necessary to implement this section.  (c) This section applies to Medicaid beneficiaries in the fee-for-service Arkansas Medicaid Program and the managed care Arkansas Medicaid Program.
AR Code § 20-77-137 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 77 - Medical Assistance|Subchapter 1 - General Provisions|§ 20-77-137. Ridesharing application — Medicaid reimbursement — Definition

 (a) As used in this section, “ridesharing application” means an online application that connects a passenger with a driver who is licensed under the Transportation Network Company Services Act, § 23-13-701 et seq., for a fee.  (b) The Arkansas Medicaid Program may reimburse for the fee incurred through ridesharing applications to healthcare facilities or offices of healthcare professionals for a Medicaid beneficiary.  (c) Reimbursement shall not be available if the Medicaid beneficiary uses the ridesharing application to travel across state lines.
AR Code § 20-77-138 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 77 - Medical Assistance|Subchapter 1 - General Provisions|§ 20-77-138. Medications approved by United States Food and Drug Administration for tobacco cessation coverage

 (a) The Department of Human Services shall ensure that the Arkansas Medicaid Program covers medications approved by the United States Food and Drug Administration for tobacco cessation, including without limitation:  (1) Nicotine replacement therapy patches;  (2) Nicotine replacement therapy gum;  (3) Nicotine replacement therapy lozenges;  (4) Nicotine replacement therapy nasal spray;  (5) Nicotine replacement therapy inhalers;  (6) Bupropion; and  (7) Varenicline.    (b) Prior authorization shall not be required for coverage of medications described in subsection (a) of this section.
AR Code § 20-77-139 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 77 - Medical Assistance|Subchapter 1 - General Provisions|§ 20-77-139. Elimination of waiting list

 (a) The Department of Human Services shall eliminate the waiting list as existing on March 1, 2019, for the Alternative Community Services Waiver Program, also known as the “Developmental Disabilities Waiver”, or successor program.  (b) The department shall meet the requirements of subsection (a) of this section as soon as possible but no later than three (3) years after July 24, 2019 by using available funding streams, unless the department determines that an adequate number of providers for individuals with developmental disabilities does not exist within the state.  (c) An individual who applies for coverage or enrolls in the program after March 1, 2019, may be placed on a waiting list if the department determines that adequate funding streams or resources are not available at the time of application or enrollment.
AR Code § 20-77-301 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 77 - Medical Assistance|Subchapter 3 - Third-Party Liability|§ 20-77-301. Action by Department of Human Services

 (a)  (1) When medical assistance benefits are provided or will be provided to a medical assistance recipient because of injury, disease, disability, or death for which a third party is or may be liable, the appropriate division of the Department of Human Services may recover from the person the cost of benefits so provided.  (2) To enforce the right under subdivision (a)(1) of this section, the department may institute and prosecute legal proceedings against the third person who may be liable.    (b)  (1) An action taken on behalf of the division under this section or any judgment rendered in the action shall not be a bar to any action upon the claim or cause of action of the recipient, his or her guardian, personal representative, estate, or survivors against the third party who is or may be liable for the injury.  (2) An action under this section does not deny to the recipient the recovery for that portion of any damages not covered hereunder.    (c)  (1) The department may recover from a third party the cost of benefits for medical care provided to indigent persons from third persons, another program administered by the department, or a program administered through another department or agency of state government.  (2) The department shall remit to other departments or agencies of state government any amounts recovered, less its pro rata share and costs of collection, for care provided by them.    (d)  (1) In actions in tort hereunder, no contributory or comparative fault of a recipient shall be attributed to the state, nor shall any restitution awarded to the state be denied or reduced by any amount or percentage of fault attributed to a recipient.  (2) Notwithstanding subdivision (d)(1) of this section, if the recipient used a device, machine, or product after being warned, either verbally or in writing, that the use, misuse, or improper operation of the device, machine, or product was dangerous, risky, or could result in injury or harm to the recipient, then the statutory or common law defenses of contributory or comparative fault or negligence that could be asserted by the defendant against the recipient may also be asserted by the defendant in any action by the department or other agency of state government, and if the defenses are supported by the evidence, then recovery may be denied or reduced in the same manner as if the recipient were the plaintiff.
AR Code § 20-77-302 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 77 - Medical Assistance|Subchapter 3 - Third-Party Liability|§ 20-77-302. Action by recipient alone — Reimbursement of division

 (a) When an action or claim is brought by a medical assistance recipient or his or her legal representative against a third party who may be liable for injury, disease, disability, or death of a medical assistance recipient, any settlement, judgment, or award obtained is subject to the division's claim for reimbursement of the benefits provided to the recipient under the medical assistance program.  (b) In the event of judgment or award in a suit or claim against a third party, if the action or claim is prosecuted by the recipient alone, the court or agency shall first order paid from any judgment or award the reasonable litigation expenses and attorney's fees. After the payment of these expenses and attorney's fees, the court or agency shall order that the Department of Human Services receive an amount sufficient to reimburse the department the full amount of benefits paid on behalf of the recipient under the medical assistance program. The remainder shall be awarded to the medical assistance recipient.
AR Code § 20-77-303 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 77 - Medical Assistance|Subchapter 3 - Third-Party Liability|§ 20-77-303. Action by division and recipient

 (a) If an action is prosecuted both by the medical assistance recipient and the division against a third party who is or may be liable for injury, disease, disability, or death of the medical assistance recipient, then in the event of judgment or award in a suit or claim against the third party, the court shall first order paid from any judgment or award the reasonable litigation expenses incurred in prosecution of the action or claim, together with reasonable attorney's fees based solely on the services rendered for the benefit of the recipient.  (b) After payment of expenses and attorney's fees, the court shall order that the division receive an amount sufficient to reimburse the division the full amount of benefits paid on behalf of the recipient under the medical assistance program.  (c) The remainder shall be awarded to the medical assistance recipient.
AR Code § 20-77-304 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 77 - Medical Assistance|Subchapter 3 - Third-Party Liability|§ 20-77-304. Notice of action or claim — Intervention or consolidation

 (a)  (1) If either the medical assistance recipient or the appropriate division brings an action or claim against a third party, the recipient or Department of Human Services shall give to the other party written notice of the action or claim by personal service or registered mail within thirty (30) days of filing the action.  (2) This notice shall contain the names of the third party and the court in which the action is brought.  (3) Proof of the notice shall be filed in the action.  (4) If an action or claim is brought by either the department or the medical assistance recipient, the other may become a party to the action, at any time before trial on the facts, or shall consolidate his or her action or claim with the other if brought independently, at any time before trial on the facts.    (b)  (1) If the recipient, his or her guardian, personal representative, estate, or survivors bring an action against the third party who may be liable for injury, disease, or disability, then notice of institution of the legal proceedings and notice of settlement shall be given to the Secretary of the Department of Human Services.  (2) All notices shall be given by the attorney retained to assert the medical assistance recipient's claim or by the medical assistance recipient, his or her guardian, personal representative, estate, or survivors if an attorney is not retained.
AR Code § 20-77-305 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 77 - Medical Assistance|Subchapter 3 - Third-Party Liability|§ 20-77-305. Notice to Department of Human Services of award or settlement by recipient required

 (a) A judgment, an award, or a settlement in any action or claim by a medical assistance recipient to recover damages for injuries, disease, disability, or death in which the Department of Human Services has an interest, shall not be satisfied without first giving the department notice and a reasonable opportunity to establish its interest.  (b) If a recipient, his or her guardian, attorney, or personal representative disposes of the funds that are to be held for the benefit of the department under this section without the written approval of the department, that person shall be liable to the department for any amount that, as a result of the disposition of the funds, is not recoverable by the department.  (c) In addition to the amount of the department's claim, a recipient, his or her guardian, attorney, or personal representative who knowingly fails to obtain written approval from the department before disposing of funds under this section is liable to the department for:  (1) A penalty equal to ten percent (10%) of the amount of the department's claim; and  (2) Reasonable costs and attorney's fees.