reglab/housing_qa huggingface dataset:
AR Code § 20-77-1501 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 77 - Medical Assistance|Subchapter 15 - Community-Based Healthcare Access Programs|§ 20-77-1501. Legislative findings and intent

 (a) The General Assembly finds that:  (1) The State of Arkansas currently ranks forty-sixth among the fifty (50) states for having the least healthy population;  (2) A major contributing factor to the state's low health ranking is its high percentage of uninsured persons;  (3) There is a significant gap in the state's healthcare safety net, especially with regard to working adults with low incomes; and  (4) New relationships are needed between the federal and state governments, local communities, healthcare providers, employers, and uninsured persons in this state so that healthcare services for the uninsured will be more accessible, more affordable, and more effective.    (b) Therefore, there is created a statutory framework for the establishment of community-based healthcare access programs that can serve as a bridge to connect and assist government, communities, and citizens to develop a more comprehensive and responsible healthcare system, one that seeks to expand access and education with regard to health services for economically disadvantaged, uninsured working adults.
AR Code § 20-77-1502 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 77 - Medical Assistance|Subchapter 15 - Community-Based Healthcare Access Programs|§ 20-77-1502. Definitions

 As used in this subchapter:   (1) “Community-based” means based in, located in, or primarily relating to the community of geographically contiguous political subdivisions, as determined by the board of a community-based health cooperative, that will be or is served by the community-based healthcare access program initiated by the cooperative;  (2) “Community-based healthcare access program” means a program administered by a community-based health cooperative whereby hospital, medical, health education, and other healthcare services may be furnished by or through provider members of a community-based health network, or combination of networks, to uninsured residents of that community who are members of the program;  (3) “Community-based health cooperative” means a nonprofit corporation organized under the laws of this state that:  (A) Undertakes to establish, maintain, and operate a community-based healthcare access program; and  (B) Is governed by a board:  (i) With at least eighty percent (80%) of its members residing in the community; and  (ii) Including representatives of network providers; and      (4) “Community-based health network” means a contract-based network organized by a community-based health cooperative to provide or support the delivery of healthcare services to members served by the community-based healthcare access program.
AR Code § 20-77-1504 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 77 - Medical Assistance|Subchapter 15 - Community-Based Healthcare Access Programs|§ 20-77-1504. Coordination with local health education center programs

 Whenever feasible, community-based health cooperatives shall participate actively with area health education center programs in developing and implementing recruitment, training, and retention programs directed at positively influencing the supply and distribution of healthcare professionals serving in or receiving training in rural health network areas.
AR Code § 20-77-1505 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 77 - Medical Assistance|Subchapter 15 - Community-Based Healthcare Access Programs|§ 20-77-1505. Donations by community-based health cooperatives

 A community-based health cooperative may make donations for the public welfare or for charitable, scientific, or educational purposes, subject to such limitations, if any, as may be contained in its articles of incorporation or any amendment to the articles of incorporation.
AR Code § 20-77-1506 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 77 - Medical Assistance|Subchapter 15 - Community-Based Healthcare Access Programs|§ 20-77-1506. Program report

 (a) In order to demonstrate community-based healthcare access program viability and effectiveness, a community-based health cooperative shall collect data and, upon request, make available a report to the appropriate interim committees of the Senate and House of Representatives.  (b) Data shall include:  (1) The results of client member surveys;  (2) The results of provider member surveys;  (3) The results of community-need-assessment surveys; and  (4) Other data as may be relevant to the community-based healthcare access program.    (c) The report shall include recommendations with regard to criteria and priorities for improvement and expansion of the community-based healthcare access program.
AR Code § 20-77-1507 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 77 - Medical Assistance|Subchapter 15 - Community-Based Healthcare Access Programs|§ 20-77-1507. Community-based health cooperatives' activity deemed not to be practice of medicine

 No community-based health cooperative shall be deemed to be engaged in the corporate practice of medicine.
AR Code § 20-77-1508 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 77 - Medical Assistance|Subchapter 15 - Community-Based Healthcare Access Programs|§ 20-77-1508. Immunity and liability

 No liability on the part of and no cause of action of any nature shall arise against any member of the board of directors of a community-based health cooperative or against an employee or agent of a community-based health cooperative for any lawful action taken by them in the performance of their administrative powers and duties under this subchapter.
AR Code § 20-77-1509 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 77 - Medical Assistance|Subchapter 15 - Community-Based Healthcare Access Programs|§ 20-77-1509. Community-based health cooperative deemed not to be public utility or regulated industry

 (a)  (1) Community-based health cooperatives shall not be considered or regulated as any type of entity governed by Title 23 of the Arkansas Code.  (2) No program offered by a community-based health cooperative shall be subject to regulation under Title 23 of the Arkansas Code.    (b) An entity subject to regulation under Title 23 of the Arkansas Code that contracts with a community-based health cooperative to provide or to arrange for the provision of secondary or tertiary services to client members of a community-based healthcare access program may not be required to comply with any provision of Title 23 of the Arkansas Code that mandates the provision of certain benefits, mandates the provision of a certain level of benefits, or both, regarding client members of a program. The exemption from regulation under Title 23 of the Arkansas Code shall apply only to the entity's contracts with or services provided to the community-based health cooperative, and in all other instances, the entity is subject to the provisions of Title 23 of the Arkansas Code.
AR Code § 20-77-1701 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 77 - Medical Assistance|Subchapter 17 - Medicaid Fairness Act|§ 20-77-1701. Legislative findings and intent

 (a) The General Assembly finds that:  (1) Healthcare providers who serve Medicaid recipients are an indispensable and vital link in serving this state's needy citizens; and  (2) The Department of Human Services already has in place various provisions to:  (A) Ensure the protection and respect for the rights of Medicaid recipients; and  (B) Sanction errant Medicaid providers when necessary.      (b) The General Assembly intends this subchapter to ensure that the department and its outside contractors treat providers with fairness and due process.
AR Code § 20-77-1703 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 77 - Medical Assistance|Subchapter 17 - Medicaid Fairness Act|§ 20-77-1703. Recoupment

 (a)  (1) The Department of Human Services shall not use a technical deficiency as grounds for recoupment unless identifying the technical deficiency as an overpayment is mandated by a specific federal statute or regulation or the state is required to repay the funds to the Centers for Medicare & Medicaid Services, or both.  (2) When recoupment is permitted, the department shall not recoup until there is a final determination identifying the funds to be recouped as overpayments.    (b)  (1) The department shall recognize that an error or omission is a technical deficiency if:  (A) The error or omission meets the definition of “technical deficiency” in § 20-77-1702;  (B) The error or omission involved a covered service; and  (C) The provider can substantiate through other documentation that the medical assistance was provided.    (2) Other documentation under subdivision (b)(1)(C) of this section shall be:  (A) In accord with generally accepted healthcare practices; and  (B) Contemporaneously created.    (3) Other documentation under subdivision (b)(1)(C) of this section is not required to be equivalent in form to, nor required to duplicate, the documentation containing the error or omission, if all the documentation taken together establishes that the claim is payable.    (c) This section does not preclude a corrective action plan or other nonmonetary measure in response to technical deficiencies.  (d)  (1) If a provider fails to comply with a corrective action plan for a pattern of technical deficiencies, then appropriate monetary penalties may be imposed if permitted by law.  (2) However, the department first must be clear as to what the technical deficiencies are by providing clear communication in writing or a promulgated rule when required.    (e) The department shall not issue a recoupment on a minor omission such as a missing date or signature if the requirements of this section are met.  (f) The department shall not rely on the denial of one claim as the sole basis for the denial of a subsequent claim and shall establish that the subsequent claim is deficient.
AR Code § 20-77-1705 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 77 - Medical Assistance|Subchapter 17 - Medicaid Fairness Act|§ 20-77-1705. Explanations for adverse decisions required

 Each denial or other deficiency that the Department of Human Services makes against a Medicaid provider shall be prepared in writing and shall specify:   (1) The nature of the adverse decision;  (2) The statutory provision or specific rule alleged to have been violated; and  (3) The facts and grounds that form the basis for the adverse decision.
AR Code § 20-77-1707 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 77 - Medical Assistance|Subchapter 17 - Medicaid Fairness Act|§ 20-77-1707. Prior authorizations — Retrospective reviews

 If the Department of Human Services requires a provider to justify the medical necessity of a service through prior authorization, the department shall not later take the position that the services were not medically necessary, unless the retrospective review establishes that:   (1) The previous authorization was based upon misrepresentation by act or omission;  (2) The services billed were not provided; or  (3) An unexpected change occurred that rendered the prior-authorized care not medically necessary.
AR Code § 20-77-1708 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 77 - Medical Assistance|Subchapter 17 - Medicaid Fairness Act|§ 20-77-1708. Medical necessity

 (a) There is a presumption in favor of the medical judgment of the performing or prescribing physician in determining medical necessity of treatment.  (b) If an administrative law judge finds that the Department of Human Services has overcome the presumption under subsection (a) of this section, he or she shall state the manner by which the presumption was overcome.
AR Code § 20-77-1709 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 77 - Medical Assistance|Subchapter 17 - Medicaid Fairness Act|§ 20-77-1709. Promulgation before enforcement

 (a) The Department of Human Services may not use state policies, guidelines, manuals, or other such criteria in enforcement actions against providers unless the criteria have been promulgated.  (b) Nothing in this section requires or authorizes the department to attempt to promulgate standards of care that practitioners use in determining medical necessity or rendering medical decisions, diagnoses, or treatment.  (c) Medicaid contractors may not use a different provider manual than the Centers for Medicare & Medicaid Services Provider Reimbursement Manual promulgated for each service category.
AR Code § 20-77-1710 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 77 - Medical Assistance|Subchapter 17 - Medicaid Fairness Act|§ 20-77-1710. Delivery of files

 (a) If the Department of Human Services makes an adverse decision in a Medicaid case and a provider then lodges an administrative appeal, the department shall deliver to the provider well in advance of the appeal its file on the matter so that the provider will have time to prepare for the appeal.  (b) The file shall include the records of any utilization review contractor or other agent, subject to any other federal or state law regarding confidentiality restrictions.
AR Code § 20-77-1711 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 77 - Medical Assistance|Subchapter 17 - Medicaid Fairness Act|§ 20-77-1711. Copies of records to be supplied to department — Exception

 (a) Except as provided in subsection (b) of this section, providers must supply records to the Department of Human Services at their own cost.  (b) If the provider has supplied records to the department and the provider identifies to whom the records were supplied, the provider is not required to provide a second copy of the records at its own cost.
AR Code § 20-77-1712 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 77 - Medical Assistance|Subchapter 17 - Medicaid Fairness Act|§ 20-77-1712. Notices

 When the Department of Human Services sends letters or other forms of notice with deadlines to providers or recipients, the deadline shall not begin to run before the next business day following the date of the postmark on the envelope, the facsimile transmission confirmation sheet, or the electronic record confirmation, unless otherwise required by federal statute or regulation.
AR Code § 20-77-1713 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 77 - Medical Assistance|Subchapter 17 - Medicaid Fairness Act|§ 20-77-1713. Deadlines

 (a) The Department of Human Services may not issue a claim denial or demand for recoupment to providers for missing a deadline if the department or its contractor contributed to the delay or the delay was reasonable under the circumstances, including, but not limited to:  (1) Intervening weekends or holidays;  (2) Lack of cooperation by third parties;  (3) Natural disasters; or  (4) Other extenuating circumstances.    (b) This section is subject to good faith on the part of the provider.
AR Code § 20-77-1714 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 77 - Medical Assistance|Subchapter 17 - Medicaid Fairness Act|§ 20-77-1714. Hospital claims

 (a) When more than one (1) hospital provides services to a recipient and the amount of claims exceeds the recipient's benefit limit, then the hospitals are entitled to reimbursement based on the earliest date of service.  (b) If the claims have been paid by Medicaid contrary to this provision and voluntary coordination among the hospitals involved does not resolve the matter, then the hospitals shall resort to mediation or arbitration at the hospitals' expense.
AR Code § 20-77-1715 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 77 - Medical Assistance|Subchapter 17 - Medicaid Fairness Act|§ 20-77-1715. Federal law

 (a) If any provision of this subchapter is found to conflict with current federal law, including promulgated federal regulations, the federal law shall override that provision.  (b) If 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., the United States Government recovers an erroneous or improper medical assistance payment from the Department of Human Services, the department may recover the erroneous or improper medical assistance payment from the provider that received the payment or from a successor in interest who is legally responsible for the erroneous or improper medical assistance payment.
AR Code § 20-77-1716 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 77 - Medical Assistance|Subchapter 17 - Medicaid Fairness Act|§ 20-77-1716. Promulgation of rules

 The Department of Human Services may promulgate rules to implement this subchapter.
AR Code § 20-77-1717 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 77 - Medical Assistance|Subchapter 17 - Medicaid Fairness Act|§ 20-77-1717. Timelines for audits

 (a) If a Medicaid provider audit by the federal Medicaid Integrity Program or Audit Medicaid Integrity Contractors is conducted, the Department of Human Services or the contractor shall provide the audit report to the provider within one hundred fifty (150) days after the completion of the audit field work.  (b) If a provider requests an administrative reconsideration of an audit finding or report, the department shall provide the results of the reconsideration within sixty (60) days after the department's receipt of the request for reconsideration.  (c) Additional provider records furnished by a provider in conjunction with a provider's request for administrative reconsideration shall have been contemporaneously created.  (d) If there is a failure to meet the timelines specified in this section, no adverse decision based on the noncompliant audit shall be enforced against the provider unless the department shows good cause for the failure to meet the timelines.
AR Code § 20-77-1718 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 5 - Social Services|Chapter 77 - Medical Assistance|Subchapter 17 - Medicaid Fairness Act|§ 20-77-1718. Termination — Appeals

 (a) A Medicaid provider that is aggrieved by an adverse decision of the Department of Human Services with respect to termination of the provider's certification or Medicaid provider agreement or an action by the department that has the same effect as terminating the provider's certification or Medicaid provider agreement for more than fifteen (15) days may appeal the decision to Pulaski County Circuit Court or in a circuit court in a county in which the provider resides or does business, regardless of whether all administrative remedies have been exhausted.  (b) Pending a determination by the circuit court of the matter on appeal, the provider is entitled to an injunction preserving the provider's Medicaid participation upon showing that immediate and irreparable injury, loss, or damage to the provider will result, unless the circuit court determines that preserving the provider's participation is likely to pose a danger to the health or safety of beneficiaries.  (c) This section does not apply to an adverse decision resulting from the department's determination that there is a credible allegation of fraud for which an investigation is pending.
AR Code § 20-77-1801 (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|§ 20-77-1801. Findings

 The General Assembly finds that in order to alleviate the financial burden on the state's Medicaid program, the state must encourage better access to and utilization of affordable long-term care insurance that will pay for some or all of the cost of long-term care services.
AR Code § 20-77-1802 (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|§ 20-77-1802. Definitions

 As used in this subchapter:   (1) “Long-term care facility” means a facility required to be licensed under § 20-10-224;  (2) “Long-term care insurance” means the same as in § 23-97-304; and  (3) “Long-term care services” means the following necessary services that originate in a setting other than an acute care hospital and that are provided to individuals whose functional capacities are chronically impaired:  (A) Physician's services;  (B) Nursing services;  (C) Diagnostic services;  (D) Therapeutic services including physical therapy, speech therapy, and occupational therapy;  (E) Rehabilitative services;  (F) Maintenance services;  (G) Personal care services individually designed to assist with an individual's physical dependency needs related to bathing, bladder and bowel requirements, dressing, eating, personal hygiene, medications, mobility, incidental housekeeping, laundry, and shopping for personal maintenance items;  (H) Transportation services;  (I) Day care services;  (J) Respite care services; and  (K) Services provided by chiropractors, podiatrists, and optometrists.