reglab/housing_qa huggingface dataset:
AR Code § 20-48-609 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 3 - Mental Health|Chapter 48 - Treatment of Persons With Developmental Disabilities|Subchapter 6 - Location Act for Community Homes for Individuals with Intellectual and Developmental Disabilities|§ 20-48-609. Comprehensive plans

 (a) Any political subdivision which currently has zoning restrictions or hereafter adopts zoning restrictions may develop a comprehensive plan for providing adequate sites for Family Homes I and Family Homes II and submit the plan to the Division of Developmental Disabilities Services of the Department of Human Services along with population and occupancy statistics reflecting compliance with the limits established pursuant to § 20-48-606(a)(1)(A) and (B).  (b) The plan may also delineate unsuitable sites due to high risks set forth in § 20-48-606(4).  (c) The division shall thereafter consult the comprehensive plan filed by the political subdivision in considering licensure of Family Homes I and Family Homes II for that political subdivision.
AR Code § 20-48-610 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 3 - Mental Health|Chapter 48 - Treatment of Persons With Developmental Disabilities|Subchapter 6 - Location Act for Community Homes for Individuals with Intellectual and Developmental Disabilities|§ 20-48-610. Compliance with appearance or structural requirements in certain districts

 Nothing in this subchapter shall be construed as relieving the owner or operator of any Family Home I or Family Home II of the obligation to comply with outside appearance requirements or structural requirements for location of a Family Home I or Family Home II within a local historic district or within the Capitol Zoning District.
AR Code § 20-48-611 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 3 - Mental Health|Chapter 48 - Treatment of Persons With Developmental Disabilities|Subchapter 6 - Location Act for Community Homes for Individuals with Intellectual and Developmental Disabilities|§ 20-48-611. Restriction by private property agreement void

 (a) Any restriction, reservation, condition, exception, or covenant in any subdivision plan, deed, or other instrument of or pertaining to the transfer, sale, lease, or use of property that would permit residential use of property but prohibit the use of the property as a Family Home I or Family Home II for individuals with intellectual or other developmental disabilities, to the extent of the prohibition, shall be void as against the public policy of this state and shall be given no legal or equitable force or effect.  (b) Nothing in this subchapter shall be construed directly or analogously to affect the rights of property owners to exclude by express or judicially implied agreements other property uses which are not the subject of this subchapter.
AR Code § 20-48-701 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 3 - Mental Health|Chapter 48 - Treatment of Persons With Developmental Disabilities|Subchapter 7 - Relationship Between State and Communities to Provide for Community-Based Services|§ 20-48-701. Finding

 The General Assembly finds that the State of Arkansas contracts with nonprofit community programs serving individuals with developmental disabilities as quasi-governmental instrumentalities of the state in order to provide a service that the state would otherwise provide for this population through state-operated programs and facilities.
AR Code § 20-48-703 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 3 - Mental Health|Chapter 48 - Treatment of Persons With Developmental Disabilities|Subchapter 7 - Relationship Between State and Communities to Provide for Community-Based Services|§ 20-48-703. Eligibility

 (a)  (1) Eligibility for services and appropriate placement in the least restrictive environment for individuals with intellectual and developmental disabilities under any of the service models included in the state's Medicaid plan with the Centers for Medicare & Medicaid Services or for services covered from state general revenue dollars shall be made by the interdisciplinary team composed in keeping with federal and state laws pertaining to individuals with special needs.  (2) Subdivision (a)(1) of this section does not negate or preclude the rights of individuals with intellectual and developmental disabilities under existing federal and state laws.    (b)  (1) Subject to approval by the Centers for Medicare & Medicaid Services, the Department of Human Services will accept an individualized family service plan or an individualized program plan developed in conformity with all applicable state and federal laws as prior authorization for Medicaid-covered therapies provided to persons with intellectual and developmental disabilities.  (2) Prior authorization does not preclude post-payment reviews or other utilization control measures.    (c)  (1) For individuals with intellectual and developmental disabilities who, pursuant to the diagnosis, evaluation, and assessments conducted by the interdisciplinary team, in conformity with all applicable federal and state laws, are found to fall within the eligibility guidelines adopted pursuant to this subchapter, and where the individual's primary care physician, independent of the service provider, serves as the gatekeeper and prescribes early intervention day treatment or adult developmental day treatment services, or both, prior approval is not required for up to five (5) hours of daily services.  (2) If the funding model for the early intervention day treatment and adult developmental day treatment services is changed in the state's Medicaid plan with the Centers for Medicare & Medicaid Services, the five (5) hours per day shall remain the minimum number of hours to afford those families who choose to keep their child or adult with an intellectual or other developmental disability in the community, thereby bearing a considerable responsibility for the care and expenses related to the treatment and care.
AR Code § 20-48-704 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 3 - Mental Health|Chapter 48 - Treatment of Persons With Developmental Disabilities|Subchapter 7 - Relationship Between State and Communities to Provide for Community-Based Services|§ 20-48-704. Code system of reimbursement

 (a) The conversion to the federally mandated current procedural terminology code system of reimbursement shall take into account the intent of this law to provide sources of funding that cover the costs of services to individuals who choose community-based options, within the adopted and approved eligibility standard, including the prescribed treatment services and all required compliance mandates from the federal and state governments.  (b) If the early intervention day treatment or adult developmental day treatment services codes, or both, are excluded by the Centers for Medicare & Medicaid Services, the Division of Medical Services shall take all necessary steps to apply to the administration for approval of a service model that will continue to provide an array of community-based service options for children and adults comparable to or greater than those under the present early intervention day treatment and adult developmental day treatment services model.
AR Code § 20-48-705 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 3 - Mental Health|Chapter 48 - Treatment of Persons With Developmental Disabilities|Subchapter 7 - Relationship Between State and Communities to Provide for Community-Based Services|§ 20-48-705. Membership of nonprofit organizations

 A nonprofit organization licensed or certified by the Division of Developmental Disabilities Services to serve adults shall include an individual with intellectual or other developmental disabilities as an ex officio member of the nonprofit organization's board of directors or other governing body.
AR Code § 20-48-901 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 3 - Mental Health|Chapter 48 - Treatment of Persons With Developmental Disabilities|Subchapter 9 - Intermediate Care Facilities|§ 20-48-901. Definitions

 As used in this subchapter:   (1)  (A) “Gross receipts” means all compensation paid to intermediate care facilities for individuals with intellectual and developmental disabilities for services provided to residents, including without limitation client participation.  (B) “Gross receipts” does not include charitable contributions;    (2)  (A) “Intermediate care facility for individuals with intellectual and developmental disabilities” means a residential institution maintained for the care and training of persons with intellectual and developmental disabilities.  (B) “Intermediate care facility for individuals with intellectual and developmental disabilities” does not include:  (i) Offices of private physicians and surgeons;  (ii) Residential care facilities;  (iii) Assisted living facilities;  (iv) Hospitals;  (v) Institutions operated by the United States Government;  (vi) Life care facilities;  (vii) Nursing facilities; or  (viii) A facility which is conducted by and for those who rely exclusively upon treatment by prayer for healing in accordance with tenets or practices of a recognized religious denomination; and      (3) “Medicaid” means the medical assistance program established by Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq., as it existed on January 1, 2009, and administered by the Division of Medical Services.
AR Code § 20-48-902 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 3 - Mental Health|Chapter 48 - Treatment of Persons With Developmental Disabilities|Subchapter 9 - Intermediate Care Facilities|§ 20-48-902. Calculation of provider fee

 (a)  (1) There is levied a provider fee on intermediate care facilities for individuals with intellectual or other developmental disabilities to be calculated in accordance with this section.  (2)  (A) The provider fee shall be an amount calculated by the Division of Medical Services to produce an aggregate provider fee payment equal to six percent (6%) of the aggregate gross receipts of all intermediate care facilities for individuals with intellectual or other developmental disabilities.  (B) Aggregate provider fees shall not equal or exceed an amount measured on a state fiscal year basis that may cause a reduction in federal financial participation in Medicaid.      (b)  (1)  (A) The provider fee of an intermediate facility for individuals with intellectual or other developmental disabilities shall be payable in monthly payments.  (B) Each monthly payment shall be due and payable for the previous month by the thirtieth day of each month.    (2) The division shall seek approval from the Centers for Medicare & Medicaid Services to treat the provider fee of an intermediate care facility for individuals with intellectual or other developmental disabilities as an allowable cost for Medicaid reimbursement purposes.    (c) An intermediate care facility for individuals with intellectual or other developmental disabilities is not guaranteed, expressly or otherwise, that any additional moneys paid to the intermediate care facility for individuals with intellectual or other developmental disabilities will equal or exceed the amount of its provider fee.  (d)  (1) The division shall ensure that the rate of assessment of the provider fee established in this section maximizes federal funding to the fullest extent possible.  (2) If the division determines that the rate of assessment of the provider fee established in this section equals or exceeds the maximum rate of assessment that federal law allows without reduction in federal financial participation in Medicaid, the division shall lower the rate of assessment of the provider fee to a rate that maximizes federal funding to the fullest extent possible.
AR Code § 20-48-903 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 3 - Mental Health|Chapter 48 - Treatment of Persons With Developmental Disabilities|Subchapter 9 - Intermediate Care Facilities|§ 20-48-903. Administration

 (a) The Director of the Division of Medical Services of the Department of Human Services shall administer this subchapter and shall be subject to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.  (b)  (1) In accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., the Division of Medical Services of the Department of Human Services shall promulgate rules and prescribe forms for:  (A) The proper imposition and collection of the provider fee;  (B)  (i) The enforcement of this subchapter, including without limitation license or certification nonrenewal, letters of caution, sanctions, or fines.  (ii) The fine for failure to comply with payment and reporting requirements shall be at least one thousand dollars ($1,000) but no more than one thousand five hundred dollars ($1,500).  (iii) The fine and, if applicable, the outstanding balance of the provider fee shall accrue interest at the maximum rate permitted by law from the date the fine and, if applicable, the provider fee is due until payment of the outstanding balance of the fine and, if applicable, the provider fee;    (C) The format for reporting gross receipts; and  (D) The administration of this subchapter.    (2) The rules shall not grant any exceptions to or exceptions from the provider fee.
AR Code § 20-48-904 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 3 - Mental Health|Chapter 48 - Treatment of Persons With Developmental Disabilities|Subchapter 9 - Intermediate Care Facilities|§ 20-48-904. Use of funds

 (a)  (1) The provider fee assessed and collected under this subchapter shall be deposited into a designated account within the Arkansas Medicaid Program Trust Fund.  (2) The designated 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.  (3) The designated account moneys in the Arkansas Medicaid Program Trust Fund and the matching federal financial participation under Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq., as it existed on January 1, 2009, shall be used only for:  (A) Continued operation of and rate increases for:  (i) Intermediate care facilities for individuals with intellectual and developmental disabilities;  (ii) Early intervention day treatment and adult developmental day treatment service providers; and  (iii) Services provided to persons with developmental disabilities under the Community and Employment Supports Services waiver;    (B) Expansion of the Community and Employment Supports Services Waiver Program to serve more persons with developmental disabilities than is approved under the waiver program;  (C) The Division of Medical Services; and  (D) Public guardianship of adults.      (b)  (1) The designated account moneys in the Arkansas Medicaid Program Trust Fund from the provider fee on intermediate care facilities for individuals with intellectual or other developmental disabilities that are unused at the end of a fiscal year shall be carried forward.  (2) The designated account moneys in the Arkansas Medicaid Program Trust Fund from the provider fee on intermediate care facilities for individuals with intellectual or other developmental disabilities may not be used to supplant other local, state, or federal funds.
AR Code § 20-48-1001 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 3 - Mental Health|Chapter 48 - Treatment of Persons With Developmental Disabilities|Subchapter 10 - Community and Employment Supports Services Waiver Program Provider Fee|§ 20-48-1001. Definitions

 As used in this subchapter:   (1) “Community and Employment Supports Services Waiver Program” means the home and community-based waiver program authorized by the Centers for Medicare & Medicaid Services under section 1915(c) of the Social Security Act, 42 U.S.C. § 1396 et seq., and administered by the Division of Developmental Disabilities Services;  (2)  (A) “Gross receipts” means compensation paid to a provider for services provided through, or identical to those provided under, the Community and Employment Supports Services Waiver Program.  (B) “Gross receipts” does not include charitable contributions; and    (3) “Medicaid” means the medical assistance program established by Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq., and administered by the Division of Medical Services.
AR Code § 20-48-1002 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 3 - Mental Health|Chapter 48 - Treatment of Persons With Developmental Disabilities|Subchapter 10 - Community and Employment Supports Services Waiver Program Provider Fee|§ 20-48-1002. Provider fee

 (a)  (1) There is imposed a provider fee on services provided through, or identical to those provided under, the Community and Employment Supports Services Waiver Program to be calculated in accordance with this section.  (2) The provider fee shall be an amount calculated by the Division of Medical Services to produce a provider fee payment equal to six percent (6%) of the gross receipts received by each provider.    (b)  (1)  (A) The provider fee shall be payable in monthly payments.  (B) Each monthly payment shall be due and payable for the previous month by the thirtieth day of each month.    (2) The division shall seek approval from the Centers for Medicare & Medicaid Services to treat the provider fee as an allowable cost for Medicaid reimbursement purposes.    (c) A provider of services under the Community and Employment Supports Services Waiver Program shall not be guaranteed, expressly or otherwise, that any additional moneys paid to the provider for services under the Community and Employment Supports Services Waiver Program will equal or exceed the amount of its provider fee.  (d)  (1) The division shall ensure that the rate of imposition of the provider fee established in this section equals, but does not exceed, the maximum rate of imposition established under federal law and rule for healthcare-related provider fees without reduction in federal financial participation in Medicaid.  (2) If the division determines that the rate of imposition of the provider fee established in this section exceeds the maximum rate of imposition that federal law and rule allow for healthcare-related provider fees without reduction in federal financial participation in Medicaid, the division shall lower the rate of imposition of the provider fee to a rate that is equal to the maximum rate that federal law and rule allow for healthcare-related provider fees without reduction in federal financial participation in Medicaid.
AR Code § 20-48-1003 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 3 - Mental Health|Chapter 48 - Treatment of Persons With Developmental Disabilities|Subchapter 10 - Community and Employment Supports Services Waiver Program Provider Fee|§ 20-48-1003. Administration

 (a) The administration of this subchapter shall be exercised by the Director of the Division of Medical Services of the Department of Human Services and shall be subject to the provisions of the Arkansas Administrative Procedure Act, § 25-15-201 et seq.  (b)  (1) In accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., the Division of Medical Services of the Department of Human Services shall promulgate rules and prescribe forms for:  (A) The proper imposition and collection of the provider fee;  (B)  (i) The enforcement of this subchapter, including without limitation certification nonrenewal, letters of caution, sanctions, or fines.  (ii) The fine for failure to comply with payment and reporting requirements shall be at least one thousand dollars ($1,000) but no more than one thousand five hundred dollars ($1,500).  (iii) The fine and, if applicable, the outstanding balance of the provider fee shall accrue interest at the maximum rate permitted by law from the date the fine and, if applicable, the provider fee is due until payment of the outstanding balance of the fine and, if applicable, the provider fee;    (C) The format for reporting gross receipts; and  (D) The administration of this subchapter.    (2) The rules shall not grant any exceptions to, or exceptions from, the provider fee.
AR Code § 20-48-1004 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 3 - Mental Health|Chapter 48 - Treatment of Persons With Developmental Disabilities|Subchapter 10 - Community and Employment Supports Services Waiver Program Provider Fee|§ 20-48-1004. Use of funds

 (a)  (1) The provider fee imposed and collected under this subchapter shall be deposited into a designated account within the Arkansas Medicaid Program Trust Fund.  (2) The designated 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.  (3) The designated account moneys in the Arkansas Medicaid Program Trust Fund and the matching federal financial participation under Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq., shall be used only as follows:  (A) For the amount resulting from the first five and five-tenths percent (5.5%) of the provider fee:  (i) A minimum of fifty percent (50%) shall be used for the support and enhancement of services under the Community and Employment Supports Services Waiver Program to persons with developmental disabilities; and  (ii) An amount not to exceed fifty percent (50%) may be used by the Division of Medical Services; and    (B) The amount resulting from the next five-tenths of one percent (0.5%) of the provider fee shall be used by the Division of Developmental Disabilities Services for the support of the state's human development centers.      (b)  (1) The designated account moneys in the Arkansas Medicaid Program Trust Fund from the provider fee imposed and collected under this subchapter that are unused at the end of a fiscal year shall be carried forward.  (2) The designated account moneys in the Arkansas Medicaid Program Trust Fund from the provider fee imposed and collected under this subchapter may not be used to supplant other local, state, or federal funds.  (3) The designated account moneys in the Arkansas Medicaid Program Trust Fund from the provider fee imposed and collected under this subchapter shall be exempt from budgetary cuts, reductions, or eliminations caused by a deficiency of general revenues.
AR Code § 20-48-1005 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 3 - Mental Health|Chapter 48 - Treatment of Persons With Developmental Disabilities|Subchapter 10 - Community and Employment Supports Services Waiver Program Provider Fee|§ 20-48-1005. Effectiveness and cessation

 The imposition imposed under § 20-48-1002 shall not take effect or shall cease to be imposed if the imposition is determined to be an impermissible tax or not eligible for federal financial participation under Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq.
AR Code § 20-48-1101 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 3 - Mental Health|Chapter 48 - Treatment of Persons With Developmental Disabilities|Subchapter 11 - Managed Expansion for Child Health Management Services|§ 20-48-1101. Legislative intent

 The intent of this subchapter is to avoid unnecessary expansion in Medicaid costs and services related to early intervention day treatment services for children or any successor program providing early intervention day treatment to children.