reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 5 - SOCIAL SERVICES (§§ 20-76-101 — 20-86-113) › Chapter 77 - MEDICAL ASSISTANCE (§§ 20-77-101 — 20-77-2811) › Subchapter 15 - COMMUNITY-BASED HEALTH CARE ACCESS PROGRAMS (§§ 20-77-1501 — 20-77-1509) › Section 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.
Acts 2003, No. 660, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 5 - SOCIAL SERVICES (§§ 20-76-101 — 20-86-113) › Chapter 77 - MEDICAL ASSISTANCE (§§ 20-77-101 — 20-77-2811) › Subchapter 15 - COMMUNITY-BASED HEALTH CARE ACCESS PROGRAMS (§§ 20-77-1501 — 20-77-1509) › Section 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.
Acts 2003, No. 660, § 2.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 5 - SOCIAL SERVICES (§§ 20-76-101 — 20-86-113) › Chapter 77 - MEDICAL ASSISTANCE (§§ 20-77-101 — 20-77-2811) › Subchapter 15 - COMMUNITY-BASED HEALTH CARE ACCESS PROGRAMS (§§ 20-77-1501 — 20-77-1509) › Section 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.
Acts 2003, No. 660, § 4.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 5 - SOCIAL SERVICES (§§ 20-76-101 — 20-86-113) › Chapter 77 - MEDICAL ASSISTANCE (§§ 20-77-101 — 20-77-2811) › Subchapter 15 - COMMUNITY-BASED HEALTH CARE ACCESS PROGRAMS (§§ 20-77-1501 — 20-77-1509) › Section 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.
Acts 2003, No. 660, § 5.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 5 - SOCIAL SERVICES (§§ 20-76-101 — 20-86-113) › Chapter 77 - MEDICAL ASSISTANCE (§§ 20-77-101 — 20-77-2811) › Subchapter 15 - COMMUNITY-BASED HEALTH CARE ACCESS PROGRAMS (§§ 20-77-1501 — 20-77-1509) › Section 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.
Acts 2003, No. 660, § 6.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 5 - SOCIAL SERVICES (§§ 20-76-101 — 20-86-113) › Chapter 77 - MEDICAL ASSISTANCE (§§ 20-77-101 — 20-77-2811) › Subchapter 15 - COMMUNITY-BASED HEALTH CARE ACCESS PROGRAMS (§§ 20-77-1501 — 20-77-1509) › Section 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.
Acts 2003, No. 660, § 7.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 5 - SOCIAL SERVICES (§§ 20-76-101 — 20-86-113) › Chapter 77 - MEDICAL ASSISTANCE (§§ 20-77-101 — 20-77-2811) › Subchapter 15 - COMMUNITY-BASED HEALTH CARE ACCESS PROGRAMS (§§ 20-77-1501 — 20-77-1509) › Section 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.
Acts 2003, No. 660, § 8.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 5 - SOCIAL SERVICES (§§ 20-76-101 — 20-86-113) › Chapter 77 - MEDICAL ASSISTANCE (§§ 20-77-101 — 20-77-2811) › Subchapter 15 - COMMUNITY-BASED HEALTH CARE ACCESS PROGRAMS (§§ 20-77-1501 — 20-77-1509) › Section 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.
Acts 2003, No. 660, § 9.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 5 - SOCIAL SERVICES (§§ 20-76-101 — 20-86-113) › Chapter 77 - MEDICAL ASSISTANCE (§§ 20-77-101 — 20-77-2811) › Subchapter 16 - ARKANSAS YOUTH SUICIDE PREVENTION ACT (§§ 20-77-1601 — 20-77-1608) › Section 20-77-1601 - [Repealed]

Repealed by Act 2019, No. 1091,§ 9, eff. 7/24/2019.
Acts 2005, No. 1757, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 5 - SOCIAL SERVICES (§§ 20-76-101 — 20-86-113) › Chapter 77 - MEDICAL ASSISTANCE (§§ 20-77-101 — 20-77-2811) › Subchapter 16 - ARKANSAS YOUTH SUICIDE PREVENTION ACT (§§ 20-77-1601 — 20-77-1608) › Section 20-77-1602 - [Repealed]

Repealed by Act 2019, No. 1091,§ 9, eff. 7/24/2019.
Acts 2005, No. 1757, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 5 - SOCIAL SERVICES (§§ 20-76-101 — 20-86-113) › Chapter 77 - MEDICAL ASSISTANCE (§§ 20-77-101 — 20-77-2811) › Subchapter 16 - ARKANSAS YOUTH SUICIDE PREVENTION ACT (§§ 20-77-1601 — 20-77-1608) › Section 20-77-1603 - [Repealed]

Repealed by Act 2019, No. 1091,§ 9, eff. 7/24/2019.
Acts 2005, No. 1757, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 5 - SOCIAL SERVICES (§§ 20-76-101 — 20-86-113) › Chapter 77 - MEDICAL ASSISTANCE (§§ 20-77-101 — 20-77-2811) › Subchapter 16 - ARKANSAS YOUTH SUICIDE PREVENTION ACT (§§ 20-77-1601 — 20-77-1608) › Section 20-77-1604 - [Repealed]

Amended by Act 2019, No. 910,§ 2301, eff. 7/1/2019.
Repealed by Act 2019, No. 1091,§ 9, eff. 7/24/2019.
Amended by Act 2015, No. 1100,§ 53, eff. 7/22/2015.
Acts 2005, No. 1757, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 5 - SOCIAL SERVICES (§§ 20-76-101 — 20-86-113) › Chapter 77 - MEDICAL ASSISTANCE (§§ 20-77-101 — 20-77-2811) › Subchapter 16 - ARKANSAS YOUTH SUICIDE PREVENTION ACT (§§ 20-77-1601 — 20-77-1608) › Section 20-77-1605 - [Repealed]

Repealed by Act 2019, No. 1091,§ 9, eff. 7/24/2019.
Acts 2005, No. 1757, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 5 - SOCIAL SERVICES (§§ 20-76-101 — 20-86-113) › Chapter 77 - MEDICAL ASSISTANCE (§§ 20-77-101 — 20-77-2811) › Subchapter 16 - ARKANSAS YOUTH SUICIDE PREVENTION ACT (§§ 20-77-1601 — 20-77-1608) › Section 20-77-1606 - [Repealed]

Amended by Act 2019, No. 910,§ 2303, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 2302, eff. 7/1/2019.
Repealed by Act 2019, No. 1091,§ 9, eff. 7/24/2019.
Acts 2005, No. 1757, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 5 - SOCIAL SERVICES (§§ 20-76-101 — 20-86-113) › Chapter 77 - MEDICAL ASSISTANCE (§§ 20-77-101 — 20-77-2811) › Subchapter 16 - ARKANSAS YOUTH SUICIDE PREVENTION ACT (§§ 20-77-1601 — 20-77-1608) › Section 20-77-1607 - [Repealed]

Amended by Act 2019, No. 910,§ 5102, eff. 7/1/2019.
Repealed by Act 2019, No. 1091,§ 9, eff. 7/24/2019.
Amended by Act 2017, No. 913,§ 114, eff. 8/1/2017.
Acts 2005, No. 1757, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 5 - SOCIAL SERVICES (§§ 20-76-101 — 20-86-113) › Chapter 77 - MEDICAL ASSISTANCE (§§ 20-77-101 — 20-77-2811) › Subchapter 16 - ARKANSAS YOUTH SUICIDE PREVENTION ACT (§§ 20-77-1601 — 20-77-1608) › Section 20-77-1608 - [Repealed]

Repealed by Act 2019, No. 1091,§ 9, eff. 7/24/2019.
Amended by Act 2013, No. 1132,§ 51, eff. 8/16/2013.
Acts 2005, No. 1757, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 5 - SOCIAL SERVICES (§§ 20-76-101 — 20-86-113) › Chapter 77 - MEDICAL ASSISTANCE (§§ 20-77-101 — 20-77-2811) › Subchapter 17 - MEDICAID FAIRNESS ACT (§§ 20-77-1701 — 20-77-1718) › Section 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.
Acts 2005, No. 1758, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 5 - SOCIAL SERVICES (§§ 20-76-101 — 20-86-113) › Chapter 77 - MEDICAL ASSISTANCE (§§ 20-77-101 — 20-77-2811) › Subchapter 17 - MEDICAID FAIRNESS ACT (§§ 20-77-1701 — 20-77-1718) › Section 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.
Amended by Act 2013, No. 562,§ 4, eff. 8/16/2013.
Acts 2005, No. 1758, § 1; 2007, No. 596, § 1; 2009, No. 952, § 17.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 5 - SOCIAL SERVICES (§§ 20-76-101 — 20-86-113) › Chapter 77 - MEDICAL ASSISTANCE (§§ 20-77-101 — 20-77-2811) › Subchapter 17 - MEDICAID FAIRNESS ACT (§§ 20-77-1701 — 20-77-1718) › Section 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.
Acts 2005, No. 1758, § 1; 2007, No. 596, § 2.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 5 - SOCIAL SERVICES (§§ 20-76-101 — 20-86-113) › Chapter 77 - MEDICAL ASSISTANCE (§§ 20-77-101 — 20-77-2811) › Subchapter 17 - MEDICAID FAIRNESS ACT (§§ 20-77-1701 — 20-77-1718) › Section 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.
Amended by Act 2013, No. 562,§ 5, eff. 8/16/2013.
Acts 2005, No. 1758, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 5 - SOCIAL SERVICES (§§ 20-76-101 — 20-86-113) › Chapter 77 - MEDICAL ASSISTANCE (§§ 20-77-101 — 20-77-2811) › Subchapter 17 - MEDICAID FAIRNESS ACT (§§ 20-77-1701 — 20-77-1718) › Section 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.
Amended by Act 2013, No. 562,§ 5, eff. 8/16/2013.
Acts 2005, No. 1758, § 1; 2007, No. 596, § 3.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 5 - SOCIAL SERVICES (§§ 20-76-101 — 20-86-113) › Chapter 77 - MEDICAL ASSISTANCE (§§ 20-77-101 — 20-77-2811) › Subchapter 17 - MEDICAID FAIRNESS ACT (§§ 20-77-1701 — 20-77-1718) › Section 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.
Acts 2005, No. 1758, § 1; 2007, No. 596, § 4.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 5 - SOCIAL SERVICES (§§ 20-76-101 — 20-86-113) › Chapter 77 - MEDICAL ASSISTANCE (§§ 20-77-101 — 20-77-2811) › Subchapter 17 - MEDICAID FAIRNESS ACT (§§ 20-77-1701 — 20-77-1718) › Section 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.
Acts 2005, No. 1758, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 5 - SOCIAL SERVICES (§§ 20-76-101 — 20-86-113) › Chapter 77 - MEDICAL ASSISTANCE (§§ 20-77-101 — 20-77-2811) › Subchapter 17 - MEDICAID FAIRNESS ACT (§§ 20-77-1701 — 20-77-1718) › Section 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.
Acts 2005, No. 1758, § 1; 2007, No. 596, § 5.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 5 - SOCIAL SERVICES (§§ 20-76-101 — 20-86-113) › Chapter 77 - MEDICAL ASSISTANCE (§§ 20-77-101 — 20-77-2811) › Subchapter 17 - MEDICAID FAIRNESS ACT (§§ 20-77-1701 — 20-77-1718) › Section 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.
Acts 2005, No. 1758, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 5 - SOCIAL SERVICES (§§ 20-76-101 — 20-86-113) › Chapter 77 - MEDICAL ASSISTANCE (§§ 20-77-101 — 20-77-2811) › Subchapter 17 - MEDICAID FAIRNESS ACT (§§ 20-77-1701 — 20-77-1718) › Section 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.
Acts 2005, No. 1758, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 5 - SOCIAL SERVICES (§§ 20-76-101 — 20-86-113) › Chapter 77 - MEDICAL ASSISTANCE (§§ 20-77-101 — 20-77-2811) › Subchapter 17 - MEDICAID FAIRNESS ACT (§§ 20-77-1701 — 20-77-1718) › Section 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.
Acts 2005, No. 1758, § 1; 2007, No. 596, § 6.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 5 - SOCIAL SERVICES (§§ 20-76-101 — 20-86-113) › Chapter 77 - MEDICAL ASSISTANCE (§§ 20-77-101 — 20-77-2811) › Subchapter 17 - MEDICAID FAIRNESS ACT (§§ 20-77-1701 — 20-77-1718) › Section 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.
Amended by Act 2013, No. 562,§ 6, eff. 8/16/2013.
Acts 2005, No. 1758, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 5 - SOCIAL SERVICES (§§ 20-76-101 — 20-86-113) › Chapter 77 - MEDICAL ASSISTANCE (§§ 20-77-101 — 20-77-2811) › Subchapter 17 - MEDICAID FAIRNESS ACT (§§ 20-77-1701 — 20-77-1718) › Section 20-77-1716 - Promulgation of rules

The Department of Human Services may promulgate rules to implement this subchapter.
Acts 2007, No. 596, § 7.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 5 - SOCIAL SERVICES (§§ 20-76-101 — 20-86-113) › Chapter 77 - MEDICAL ASSISTANCE (§§ 20-77-101 — 20-77-2811) › Subchapter 17 - MEDICAID FAIRNESS ACT (§§ 20-77-1701 — 20-77-1718) › Section 20-77-1717 - Timelines for audits

(a)
If a Medicaid provider audit by the 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.
Added by Act 2013, No. 562,§ 7, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 5 - SOCIAL SERVICES (§§ 20-76-101 — 20-86-113) › Chapter 77 - MEDICAL ASSISTANCE (§§ 20-77-101 — 20-77-2811) › Subchapter 17 - MEDICAID FAIRNESS ACT (§§ 20-77-1701 — 20-77-1718) › Section 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.
Added by Act 2013, No. 562,§ 7, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 5 - SOCIAL SERVICES (§§ 20-76-101 — 20-86-113) › Chapter 77 - MEDICAL ASSISTANCE (§§ 20-77-101 — 20-77-2811) › Subchapter 18 - ARKANSAS LONG-TERM CARE PARTNERSHIP PROGRAM (§§ 20-77-1801 — 20-77-1805) › Section 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.
Acts 2007, No. 99, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 5 - SOCIAL SERVICES (§§ 20-76-101 — 20-86-113) › Chapter 77 - MEDICAL ASSISTANCE (§§ 20-77-101 — 20-77-2811) › Subchapter 18 - ARKANSAS LONG-TERM CARE PARTNERSHIP PROGRAM (§§ 20-77-1801 — 20-77-1805) › Section 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.
Acts 2007, No. 99, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 5 - SOCIAL SERVICES (§§ 20-76-101 — 20-86-113) › Chapter 77 - MEDICAL ASSISTANCE (§§ 20-77-101 — 20-77-2811) › Subchapter 18 - ARKANSAS LONG-TERM CARE PARTNERSHIP PROGRAM (§§ 20-77-1801 — 20-77-1805) › Section 20-77-1803 - Arkansas Long-Term Care Partnership Program - Created

(a)
The Arkansas Long-Term Care Partnership Program is created within the Department of Human Services.
(b)
The Department of Human Services in cooperation with the Insurance Commissioner shall submit applications to the United States Department of Health and Human Services necessary to obtain approval to:
(1)
Establish a process for precertification of long-term care insurance policies that meets all the requirements of the program;
(2)
Establish minimum requirements that long-term care insurance policies shall meet in order to qualify for precertification, including without limitation:
(A)
A conspicuous provision alerting consumers to the availability of consumer information and public education provided by the Department of Human Services;
(B)
A guarantee that each insured has an option to cover home and community-based services in addition to nursing facility care;
(C)
Inflation protection;
(D)
Periodic reporting to include explanations of benefits and a record of insurance payments that count toward Medicaid resource exclusion; and
(E)
Reports to the program as the Department of Human Services may require;
(3)
Include provisions for reciprocal agreements with other states to extend the Medicaid eligibility protections in subdivision (b)(4) of this section to purchasers of long-term care policies in those states, if at the time the long-term care policies were issued, the policies qualified for precertification in this state;
(4)
Include provisions that Medicaid eligibility determinations in the long-term care or related waiver categories for individuals who are the beneficiaries of precertified long-term care insurance policies shall include a resource disregard of one dollar ($1.00) for every dollar of long-term care insurance benefits paid under the individual's prequalified long-term care insurance policy for long-term care services; and
(5)
Include an outreach program to educate consumers about the need for long-term care, the availability of long-term care insurance, and the asset protections available under this subsection.
Acts 2007, No. 99, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 5 - SOCIAL SERVICES (§§ 20-76-101 — 20-86-113) › Chapter 77 - MEDICAL ASSISTANCE (§§ 20-77-101 — 20-77-2811) › Subchapter 18 - ARKANSAS LONG-TERM CARE PARTNERSHIP PROGRAM (§§ 20-77-1801 — 20-77-1805) › Section 20-77-1804 - Applicability

This subchapter does not supersede the obligations under the Long-Term Care Insurance Act of 2005, §
23-97-301
et seq.
Acts 2007, No. 99, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 5 - SOCIAL SERVICES (§§ 20-76-101 — 20-86-113) › Chapter 77 - MEDICAL ASSISTANCE (§§ 20-77-101 — 20-77-2811) › Subchapter 18 - ARKANSAS LONG-TERM CARE PARTNERSHIP PROGRAM (§§ 20-77-1801 — 20-77-1805) › Section 20-77-1805 - Continuity of asset protection

If this subchapter is repealed, any Medicaid asset protection afforded under §
20-77-1803
shall remain effective for the life of the individual receiving long-term care services under this subchapter.
Acts 2007, No. 99, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 5 - SOCIAL SERVICES (§§ 20-76-101 — 20-86-113) › Chapter 77 - MEDICAL ASSISTANCE (§§ 20-77-101 — 20-77-2811) › Subchapter 19 - ASSESSMENT FEE ON HOSPITALS TO IMPROVE HEALTH CARE ACCESS (§§ 20-77-1901 — 20-77-1910) › Section 20-77-1901 - Definitions

As used in this subchapter:
(1)
"Division" means the Division of Medical Services of the Department of Human Services;
(2)
"Hospital" means a health care facility licensed as a hospital by the Division of Health Facilities Services under §
20-9-213
;
(3)
"Medicare Cost Report" means CMS-2552-96, the Cost Report for Electronic Filing of Hospitals, as it existed on January 1, 2009;
(4)
"Net patient revenue" means the amount calculated in accordance with generally accepted accounting principles for hospitals that is reported on Worksheet G-3, Column 1, Line 3, of the Medicare Cost Report adjusted to exclude nonhospital revenue;
(5)
(A)
"Nonstate government-owned hospital" means a hospital that is owned and operated by an agency or a unit of a county or municipal government, including without limitation a hospital owned and operated by:
(i)
A county under §
14-263-101
et seq.; or
(ii)
A city under §
14-264-101
et seq.
(B)
"Nonstate government-owned hospital" does not include a hospital that is owned by an agency or unit of county or municipal government but is contracted or leased to an individual, firm, or corporation that is not a government entity;
(6)
"Privately operated hospital" means a licensed hospital in Arkansas other than:
(A)
Any hospital that is owned and operated by the United States Government;
(B)
Any hospital that is an agency or a unit of state government, including without limitation a hospital owned by a state agency or a state university; and
(C)
Any nonstate government-owned hospital;
(7)
"Specialty hospital" means an acute care general hospital that:
(A)
Limits services primarily to children and qualifies as exempt from the Medicare prospective payment system regulation; or
(B)
Is primarily or exclusively engaged in the care and treatment of patients with cardiac conditions;
(8)
"State plan amendment" means a change or update to the state Medicaid plan;
(9)
"Upper payment limit" means the maximum ceiling imposed by federal regulation on privately owned hospital Medicaid reimbursement for inpatient services under
42 C.F.R § 447.272
and outpatient services under
42 C.F.R § 447.321
; and
(10)
(A)
"Upper payment limit gap" means the difference between the upper payment limit and Medicaid payments not financed using hospital assessments made to all privately operated hospitals.
(B)
The upper payment limit gap shall be calculated separately for hospital inpatient and outpatient services.
(C)
Medicaid disproportionate share payments shall be excluded from the calculation of the upper payment limit gap.
Acts 2009, No. 562, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 5 - SOCIAL SERVICES (§§ 20-76-101 — 20-86-113) › Chapter 77 - MEDICAL ASSISTANCE (§§ 20-77-101 — 20-77-2811) › Subchapter 19 - ASSESSMENT FEE ON HOSPITALS TO IMPROVE HEALTH CARE ACCESS (§§ 20-77-1901 — 20-77-1910) › Section 20-77-1902 - Assessment

(a)
(1)
An assessment is imposed on each hospital except those exempted under §
20-77-1905
for each state fiscal year in an amount calculated as a percentage of each hospital's net patient revenue.
(2)
The assessment rate shall be determined annually based upon the percentage of net patient revenue needed to generate an amount up to the nonfederal portion of the upper payment limit gap plus the annual fee to be paid to Medicaid under §
20-77-1904(f)(1)(C)
, but in no case at a rate that would cause the assessment proceeds to exceed the indirect guarantee threshold set forth in
42 C.F.R. § 433.68(f)(3)(i)
.
(b)
(1)
(A)
Except as set forth in subdivision (b)(1)(B) or subdivision (b)(1)(C) of this section, for state fiscal year 2010, net patient revenue shall be determined using the data from each hospital's fiscal year 2007 Medicare Cost Report contained in the Centers for Medicare & Medicaid Services' Healthcare Cost Report Information System file dated June 30, 2008.
(B)
If a hospital's fiscal year 2007 Medicare Cost Report is not contained in the Centers for Medicare & Medicaid Services' Healthcare Cost Report Information System file dated June 30, 2008, the hospital shall submit a copy of the hospital's 2007 Medicare Cost Report to the Division of Medical Services of the Department of Human Services in order to allow the division to determine the hospital's net patient revenue for state fiscal year 2010.
(C)
If a hospital commenced operations after the due date for a 2007 Medicare Cost Report, the hospital shall submit its 2008 Medicare Cost Report to the division in order to allow the division to determine the hospital's net patient revenue for state fiscal year 2010.
(2)
For each subsequent state fiscal year, net patient revenue shall be calculated using the data from each hospital's most recent audited Medicare Cost Report available at the time of the calculation.
(3)
(A)
If the audited cost report available under subdivision (b)(2) of this section is more than two (2) years old, the division may elect to use the most recent Medicare Cost Report available at the time of the calculation.
(B)
In the event that the division makes an election under subdivision (b)(3)(A) of this section, the division shall use the same Medicare Cost Report for the purposes of calculations under §
20-77-1908
.
(c)
This subchapter does not authorize a unit of county or local government to license for revenue or impose a tax or assessment upon hospitals or a tax or assessment measured by the income or earnings of a hospital.
Amended by Act 2015, No. 1141,§ 1, eff. 7/22/2015.
Acts 2009, No. 562, § 1; 2011, No. 19, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 5 - SOCIAL SERVICES (§§ 20-76-101 — 20-86-113) › Chapter 77 - MEDICAL ASSISTANCE (§§ 20-77-101 — 20-77-2811) › Subchapter 19 - ASSESSMENT FEE ON HOSPITALS TO IMPROVE HEALTH CARE ACCESS (§§ 20-77-1901 — 20-77-1910) › Section 20-77-1903 - Program administration

(a)
The Director of the Division of Medical Services of the Department of Human Services shall administer the assessment program created in this subchapter.
(b)
(1)
The Division of Medical Services of the Department of Human Services shall adopt rules to implement this subchapter.
(2)
Unless otherwise provided in this subchapter, the rules adopted under subdivision (b)(1) of this section shall not grant any exceptions to or exemptions from the hospital assessment imposed under §
20-77-1902
.
(3)
The rules adopted under subdivision (b)(1) of this section shall include any necessary forms for:
(A)
Proper imposition and collection of the assessment imposed under §
20-77-1902
;
(B)
Enforcement of this subchapter, including without limitation letters of caution or sanctions; and
(C)
Reporting of net patient revenue.
(c)
To the extent practicable, the division shall administer and enforce this subchapter and collect the assessments, interest, and penalty assessments imposed under this subchapter using procedures generally employed in the administration of the division's other powers, duties, and functions.
Acts 2009, No. 562, § 1; 2011, No. 19, § 2.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 5 - SOCIAL SERVICES (§§ 20-76-101 — 20-86-113) › Chapter 77 - MEDICAL ASSISTANCE (§§ 20-77-101 — 20-77-2811) › Subchapter 19 - ASSESSMENT FEE ON HOSPITALS TO IMPROVE HEALTH CARE ACCESS (§§ 20-77-1901 — 20-77-1910) › Section 20-77-1904 - Hospital Assessment Account

(a)
(1)
There is created within the Arkansas Medicaid Program Trust Fund a designated account known as the "Hospital Assessment Account".
(2)
The hospital assessments imposed under §
20-77-1902
shall be deposited into the Hospital Assessment Account.
(b)
Moneys in the Hospital Assessment Account shall consist of:
(1)
All moneys collected or received by the Division of Medical Services of the Department of Human Services from hospital assessments imposed under §
20-77-1902
;
(2)
Any interest or penalties levied in conjunction with the administration of this subchapter; and
(3)
Any appropriations, transfers, donations, gifts, or moneys from other sources, as applicable.
(c)
The Hospital Assessment Account shall be separate and distinct from the General Revenue Fund Account of the State Apportionment Fund and shall be supplementary to the Arkansas Medicaid Program Trust Fund.
(d)
Moneys in the Hospital Assessment Account shall not be used to replace other general revenues appropriated and funded by the General Assembly or other revenues used to support Medicaid.
(e)
The Hospital Assessment Account shall be exempt from budgetary cuts, reductions, or eliminations caused by a deficiency of general revenues.
(f)
(1)
Except as necessary to reimburse any funds borrowed to supplement funds in the Hospital Assessment Account, the moneys in the Hospital Assessment Account shall be used only as follows:
(A)
To make inpatient and outpatient hospital access payments under §
20-77-1908
;
(B)
To reimburse moneys collected by the division from hospitals through error or mistake or under this subchapter; or
(C)
To pay an annual fee to the division in the amount of three and three-quarters percent (3.75%) of the assessments collected from hospitals under §
20-77-1902
each state fiscal year.
(2)
(A)
The Hospital Assessment Account shall retain account balances remaining each fiscal year.
(B)
At the end of each fiscal year, any positive balance remaining in the Hospital Assessment Account shall be factored into the calculation of the new assessment rate by reducing the amount of hospital assessment funds that must be generated during the subsequent fiscal year.
(3)
A hospital shall not be guaranteed that its inpatient and outpatient hospital access payments will equal or exceed the amount of its hospital assessment.
Acts 2009, No. 562, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 5 - SOCIAL SERVICES (§§ 20-76-101 — 20-86-113) › Chapter 77 - MEDICAL ASSISTANCE (§§ 20-77-101 — 20-77-2811) › Subchapter 19 - ASSESSMENT FEE ON HOSPITALS TO IMPROVE HEALTH CARE ACCESS (§§ 20-77-1901 — 20-77-1910) › Section 20-77-1905 - Exemptions

(a)
The following hospitals shall be exempt from the assessment imposed under §
20-77-1902
unless the exemption is adjudged to be unconstitutional or otherwise determined to be invalid:
(1)
Hospitals that are not privately operated hospitals;
(2)
Hospitals licensed by the Department of Health as rehabilitation hospitals; and
(3)
Specialty hospitals.
(b)
If an exemption under subsection (a) of this section is adjudged to be unconstitutional or otherwise determined to be invalid, the applicable hospitals shall pay the assessment imposed under §
20-77-1902
.
Acts 2009, No. 562, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 5 - SOCIAL SERVICES (§§ 20-76-101 — 20-86-113) › Chapter 77 - MEDICAL ASSISTANCE (§§ 20-77-101 — 20-77-2811) › Subchapter 19 - ASSESSMENT FEE ON HOSPITALS TO IMPROVE HEALTH CARE ACCESS (§§ 20-77-1901 — 20-77-1910) › Section 20-77-1906 - Quarterly notice and collection

(a)
(1)
The annual assessment imposed under §
20-77-1902
shall be due and payable on a quarterly basis.
(2)
However, an installment payment of an assessment imposed by §
20-77-1902
shall not be due and payable until:
(A)
The Division of Medical Services of the Department of Human Services issues the written notice required by §
20-77-1907(a)
stating that the payment methodologies to hospitals required under §
20-77-1908
have been approved by the Centers for Medicare & Medicaid Services and the waiver under
42 C.F.R. § 433.68
for the assessment imposed by §
20-77-1902
, if necessary, has been granted by the Centers for Medicare & Medicaid Services;
(B)
The thirty-day verification period required by §
20-77-1907(b)
has expired; and
(C)
The division has made all quarterly installments of inpatient and outpatient hospital access payments that were otherwise due under §
20-77-1908
consistent with the effective date of the approved state plan amendment and waiver.
(3)
After the initial installment has been paid under this section, each subsequent quarterly installment payment of an assessment imposed by §
20-77-1902
shall be due and payable within ten (10) business days after the hospital has received its inpatient and outpatient hospital access payments due under §
20-77-1908
for the applicable quarter.
(b)
The payment by the hospital of the assessment created in this subchapter shall be reported as an allowable cost for Medicaid reimbursement purposes.
(c)
(1)
If a hospital fails to timely pay the full amount of a quarterly assessment, the division shall add to the assessment:
(A)
A penalty assessment equal to five percent (5%) of the quarterly amount not paid on or before the due date; and
(B)
On the last day of each quarter after the due date until the assessed amount and the penalty imposed under subdivision (c)(1)(A) of this section are paid in full, an additional five percent (5%) penalty assessment on any unpaid quarterly and unpaid penalty assessment amounts.
(2)
Payments shall be credited first to unpaid quarterly amounts, rather than to penalty or interest amounts, beginning with the most delinquent installment.
(3)
If the division is unable to recoup from Medicaid payments the full amount of any unpaid assessment or penalty assessment, or both, the division may file suit in a court of competent jurisdiction to collect up to double the amount due, the division's costs related to the suit and reasonable attorney's fees.
Acts 2009, No. 562, § 1; 2011, No. 19, § 3.