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 19 - ASSESSMENT FEE ON HOSPITALS TO IMPROVE HEALTH CARE ACCESS (§§ 20-77-1901 — 20-77-1910) › Section 20-77-1908 - Medicaid hospital access payments

(a)
To preserve and improve access to hospital services, for hospital inpatient and outpatient services rendered on or after July 1, 2009, the Division of Medical Services of the Department of Human Services shall make hospital access payments as set forth in this section.
(b)
The division shall calculate the hospital access payment amount up to but not to exceed the upper payment limit gap for inpatient and outpatient services.
(c)
(1)
All hospitals shall be eligible for inpatient and outpatient hospital access payments each state fiscal year as set forth in this subsection other than hospitals described in §
20-77-1905
.
(2)
(A)
A portion of the hospital access payment amount, not to exceed the upper payment limit gap for inpatient services, shall be designated as the inpatient hospital access payment pool.
(B)
In addition to any other funds paid to hospitals for inpatient hospital services to Medicaid patients, each eligible hospital shall receive inpatient hospital access payments each state fiscal year equal to the hospital's pro rata share of the inpatient hospital access payment pool based upon the hospital's Medicaid discharges for the most recent audited fiscal period divided by the total number of Medicaid discharges of all eligible hospitals.
(C)
Inpatient hospital access payments shall be made on a quarterly basis.
(3)
(A)
A portion of the hospital access payment amount, not to exceed the upper payment limit gap for outpatient services, shall be designated as the outpatient hospital access payment pool.
(B)
(i)
In addition to any other funds paid to hospitals for outpatient hospital services to Medicaid patients, each eligible hospital shall receive outpatient hospital access payments each state fiscal year equal to a percentage adjustment determined by dividing the outpatient hospital access payment pool by Medicaid payments for outpatient services paid to all eligible hospitals.
(ii)
The percentage adjustment shall be multiplied by the Medicaid payments for outpatient services paid to the eligible hospital in order to determine the amount of each eligible hospital's outpatient hospital access payment.
(C)
Outpatient hospital access payments shall be made on a quarterly basis.
(d)
A hospital access payment shall not be used to offset any other payment by Medicaid for hospital inpatient or outpatient services to Medicaid beneficiaries, including without limitation any fee-for-service, per diem, private hospital inpatient adjustment, or cost-settlement payment.
Acts 2009, No. 562, § 1; 2011, No. 1121, § 14.
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 20-77-1909 - Effectiveness and cessation

(a)
The assessment imposed under §
20-77-1902
shall cease to be imposed, the Medicaid hospital access payments made under §
20-77-1908
shall cease to be paid, and any moneys remaining in the Hospital Assessment Account in the Arkansas Medicaid Program Trust Fund shall be refunded to hospitals in proportion to the amounts paid by them if:
(1)
The inpatient or outpatient hospital access payments required under §
20-77-1908
are changed or the assessments imposed under §
20-77-1902
are not eligible for federal matching funds 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.; or
(2)
It is determined in the course of an administrative adjudication or in an action under §
25-15-207
that the Division of Medical Services of the Department of Human Services:
(A)
Established Medicaid hospital payment rates that include an offset, in whole or in part, for any hospital access payments under §
20-77-1908
; or
(B)
Included the net effect of any hospital access payment under §
20-77-1908
when considering whether Medicaid hospital payment rates are:
(i)
Consistent with efficiency, economy, and quality of care; and
(ii)
Sufficient to enlist enough providers so that Medicaid care and services are available at least to the extent that the care and services are available to the general population in the geographic area.
(b)
(1)
The assessment imposed under §
20-77-1902
shall cease to be imposed and the Medicaid hospital access payments under §
20-77-1908
shall cease to be paid if the assessment is determined to be an impermissible tax under Title XIX of the Social Security Act,
42 U.S.C. § 1396
et seq.
(2)
Moneys in the Hospital Assessment Account in the Arkansas Medicaid Program Trust Fund derived from assessments imposed before the determination described in subdivision (b)(1) of this section shall be disbursed under §
20-77-1908
to the extent federal matching is not reduced due to the impermissibility of the assessments, and any remaining moneys shall be refunded to hospitals in proportion to the amounts paid by them.
Acts 2009, No. 562, § 1; 2011, No. 19, § 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 19 - ASSESSMENT FEE ON HOSPITALS TO IMPROVE HEALTH CARE ACCESS (§§ 20-77-1901 — 20-77-1910) › Section 20-77-1910 - State plan amendment

(a)
The Division of Medical Services of the Department of Human Services shall file with the Centers for Medicare & Medicaid Services a state plan amendment to implement the requirements of this subchapter, including the payment of hospital access payments under §
20-77-1908
, no later than forty-five (45) days after March 24, 2009.
(b)
If the state plan amendment is not approved by the Centers for Medicare & Medicaid Services, the division shall:
(1)
Not implement the assessment imposed under §
20-77-1902
; and
(2)
Return any assessment fees to the hospitals that paid the fees if assessment fees have been collected.
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 20 - ARKIDS FIRST MEDICAL ASSISTANCE PROGRAMS ENROLLMENT AND RETENTION IMPROVEMENT PROGRAM (§§ 20-77-2001 — 20-77-2003) › Section 20-77-2001 - Findings

The General Assembly finds that:
(1)
Almost two-thirds (2/3) of the state's uninsured children are already eligible for either ARKids First A or B, but many are not enrolled or do not remain enrolled;
(2)
Twenty thousand (20,000) children annually are dropped from the ARKids First A or B programs because of procedural requirements, not through a change in eligibility;
(3)
The Children's Health Insurance Program Reauthorization Act of 2009, Pub. L. No. 111-3, offers financial incentives to states that adopt measures to streamline enrollment and reenrollment in their Medicaid programs;
(4)
Other states have found that simplifying enrollment and re-enrollment for families can also save the state administrative costs through improved use of technology and more efficient use of databases and resources already available to the state; and
(5)
Working to enroll all eligible children can help to inform planning efforts to effectively enroll newly eligible adults in Medicaid or private insurance as the state implements the Patient Protection and Affordable Care Act, Pub. L. No. 111-148.
Amended by Act 2013, No. 1132,§ 52, eff. 8/16/2013.
Acts 2011, No. 771, § 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 20 - ARKIDS FIRST MEDICAL ASSISTANCE PROGRAMS ENROLLMENT AND RETENTION IMPROVEMENT PROGRAM (§§ 20-77-2001 — 20-77-2003) › Section 20-77-2002 - Administration

(a)
In administering the ARKids First A and B programs, the Department of Human Services shall:
(1)
Work to increase enrollment among eligible uninsured children under nineteen (19) years of age;
(2)
Work to improve retention of coverage among eligible uninsured children under nineteen (19) years of age;
(3)
Design the application and annual renewal processes to minimize administrative barriers for applicants and enrolled children under nineteen (19) years of age to minimize gaps in coverage for children who are eligible and to reduce state administrative costs;
(4)
Modify eligibility renewal procedures to improve retention and increase the number of children who retain coverage; and
(5)
(A)
Manage outreach, application, and renewal procedures with the goal of achieving annual improvements in enrollment, enrollment rates, renewals, and renewal rates.
(B)
To make the improvements required under subdivision (a)(1) of this section, the department shall maximize the use of existing program databases to obtain information related to earned and unearned income for purposes of eligibility determination and renewals, including without limitation:
(i)
The Supplemental Nutrition Assistance Program (SNAP);
(ii)
The state child care subsidy program;
(iii)
The Arkansas Better Chance Program;
(iv)
The National School Lunch Program;
(v)
Federal Social Security Administration programs; and
(vi)
The Division of Workforce Services database.
(b)
To simplify and streamline the renewal process, the department shall:
(1)
Maximize the use of data matches, online submissions, and telephone interviews; and
(2)
Develop a pre-populated renewal form that will be sent to families to complete and return for use in cases in which the department is unable to renew coverage through the use of data matching, online submissions, or telephone interviews.
Amended by Act 2019, No. 910,§ 559, eff. 7/1/2019.
Acts 2011, No. 771, § 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 20 - ARKIDS FIRST MEDICAL ASSISTANCE PROGRAMS ENROLLMENT AND RETENTION IMPROVEMENT PROGRAM (§§ 20-77-2001 — 20-77-2003) › Section 20-77-2003 - ARKids First enrollment and renewals

(a)
The Department of Human Services shall perform the initiatives under subsection (b) of this section to increase ARKids First enrollment and renewals and position the state to compete for a performance bonus payment under the Children's Health Insurance Program Reauthorization Act of 2009, Pub. L. No. 111-3.
(b)
The department shall make best efforts to obtain approval from the Centers for Medicare & Medicaid Services for the following:
(1)
For each child enrolled in ARKids First A who becomes ineligible to complete his or her ARKids First A enrollment period for financial reasons, establishing a process to allow ARKids First B coverage from the date of ineligibility through the end date of the ARKids First A enrollment period;
(2)
An ex parte renewal process for ARKids First A and ARKids First B, in which the state performs the eligibility redetermination to the maximum extent possible based on information contained in the ARKids First file or by obtaining other information available to the state through other sources, such as income databases, before it seeks any information from the child's parent or representative; and
(3)
An Express Lane Eligibility enrollment option that allows use of other public program databases and findings to reach and enroll children in the ARKids First A and ARKids First B programs.
Acts 2011, No. 771, § 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 21 - MEDICAID ELIGIBILITY VERIFICATION SYSTEM (§§ 20-77-2101 — 20-77-2105) › Section 20-77-2101 - [Repealed]

Repealed by Act 2017EX1, No. 6,§ 7, eff. 5/4/2017.
Amended by Act 2015, No. 1157,§ 8, eff. 7/22/2015.
Added by Act 2013, No. 1265,§ 1, eff. 8/16/2013.
Repealed by Act 2017EX1, No. 3,§ 7, eff. 5/4/2017.
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 21 - MEDICAID ELIGIBILITY VERIFICATION SYSTEM (§§ 20-77-2101 — 20-77-2105) › Section 20-77-2102 - Medicaid Eligibility Verification System - Definitions

(a)
The Department of Human Services shall establish and maintain the Medicaid Eligibility Verification System that is designed to prevent fraud in the establishment and maintenance of Medicaid eligibility.
(b)
(1)
In establishing the Medicaid Eligibility Verification System, the department shall be an "assessment state" and not a "determination state" for purposes of Medicaid eligibility determinations by the federally facilitated marketplace.
(2)
As used in this subsection:
(A)
"Assessment state" means a state with a federally facilitated marketplace that can elect to have the federally facilitated marketplace make assessments of Medicaid eligibility and then transfer the account of an individual to the state Medicaid agency for a final determination; and
(B)
"Determination state" means a state that requires the eligibility determination made by the federally facilitated marketplace to be accepted by the state Medicaid agency.
(c)
Notwithstanding other provisions of law, the department shall not accept Medicaid eligibility determinations from an exchange or marketplace established under
42 U.S.C. § 18041(c)
before verifying eligibility independently and making a Medicaid eligibility determination.
Amended by Act 2021, No. 780,§ 3, eff. 7/28/2021.
Amended by Act 2017EX1, No. 6,§ 8, eff. 5/4/2017.
Amended by Act 2017EX1, No. 3,§ 8, eff. 5/4/2017.
Added by Act 2013, No. 1265,§ 1, 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 21 - MEDICAID ELIGIBILITY VERIFICATION SYSTEM (§§ 20-77-2101 — 20-77-2105) › Section 20-77-2103 - [Repealed]

Repealed by Act 2017EX1, No. 6,§ 9, eff. 5/4/2017.
Added by Act 2013, No. 1265,§ 1, eff. 8/16/2013.
Repealed by Act 2017EX1, No. 3,§ 9, eff. 5/4/2017.
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 21 - MEDICAID ELIGIBILITY VERIFICATION SYSTEM (§§ 20-77-2101 — 20-77-2105) › Section 20-77-2105 - Additional program integrity measures

(a)
Unless required under federal law, the Department of Human Services shall not:
(1)
Designate itself as a qualified health entity for the purpose of making presumptive eligibility determinations or for any purpose not expressly authorized by state law;
(2)
Accept self-attestation of income, residency, age, household composition, caretaker or relative status, or receipt of other coverage without verification before enrollment; or
(3)
Request authority to waive or decline to periodically check any available income-related data sources to verify eligibility.
(b)
When the department receives funding for Medicaid contingent on temporary maintenance of effort restrictions or, for any reason, is limited in the department's ability to unenroll individuals, such as restrictions imposed by Section 6008 of the Families First Coronavirus Response Act, Pub. L. No. 116-127, the department shall:
(1)
Within one hundred eighty (180) days of the expiration of the restrictions, complete a full audit in which the department shall:
(A)
Complete and act on eligibility reevaluations for all cases that have not had a reevaluation within the last twelve (12) months;
(B)
Carry out an additional check of all verification measures required in this subchapter to verify eligibility and act on the information checked; and
(C)
Submit a summary report of the audit to the President Pro Tempore of the Senate and Speaker of the House of Representatives; and
(2)
Continue to conduct reevaluations as in the normal course of business and act on such reevaluations to the fullest extent permissible under the law.
Added by Act 2021, No. 780,§ 4, eff. 7/28/2021.
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 22 - HEALTHCARE QUALITY AND PAYMENT POLICY ADVISORY COMMITTEE (§§ 20-77-2201 — 20-77-2207) › Section 20-77-2201 - [Repealed]

Repealed by Act 2023, No. 365,§ 65, eff. 7/1/2023.
Repealed by Act 2023, No. 163,§ 1, eff. 8/1/2023.
Added by Act 2013, No. 1266,§ 1, 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 22 - HEALTHCARE QUALITY AND PAYMENT POLICY ADVISORY COMMITTEE (§§ 20-77-2201 — 20-77-2207) › Section 20-77-2202 - [Repealed]

Repealed by Act 2023, No. 163,§ 1, eff. 8/1/2023.
Added by Act 2013, No. 1266,§ 1, 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 22 - HEALTHCARE QUALITY AND PAYMENT POLICY ADVISORY COMMITTEE (§§ 20-77-2201 — 20-77-2207) › Section 20-77-2203 - [Repealed]

Repealed by Act 2023, No. 365,§ 66, eff. 7/1/2023.
Repealed by Act 2023, No. 163,§ 1, eff. 8/1/2023.
Added by Act 2013, No. 1266,§ 1, 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 22 - HEALTHCARE QUALITY AND PAYMENT POLICY ADVISORY COMMITTEE (§§ 20-77-2201 — 20-77-2207) › Section 20-77-2204 - [Repealed]

Repealed by Act 2023, No. 365,§ 67, eff. 7/1/2023.
Repealed by Act 2023, No. 163,§ 1, eff. 8/1/2023.
Added by Act 2013, No. 1266,§ 1, 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 22 - HEALTHCARE QUALITY AND PAYMENT POLICY ADVISORY COMMITTEE (§§ 20-77-2201 — 20-77-2207) › Section 20-77-2205 - [Repealed]

Repealed by Act 2023, No. 163,§ 1, eff. 8/1/2023.
Amended by Act 2023, No. 365,§ 68, eff. 7/1/2023.
Amended by Act 2019, No. 315,§ 2270, eff. 7/24/2019.
Added by Act 2013, No. 1266,§ 1, 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 22 - HEALTHCARE QUALITY AND PAYMENT POLICY ADVISORY COMMITTEE (§§ 20-77-2201 — 20-77-2207) › Section 20-77-2206 - [Repealed]

Repealed by Act 2023, No. 365,§ 69, eff. 7/1/2023.
Repealed by Act 2023, No. 163,§ 1, eff. 8/1/2023.
Added by Act 2013, No. 1266,§ 1, 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 22 - HEALTHCARE QUALITY AND PAYMENT POLICY ADVISORY COMMITTEE (§§ 20-77-2201 — 20-77-2207) › Section 20-77-2207 - [Repealed]

Repealed by Act 2023, No. 365,§ 70, eff. 7/1/2023.
Repealed by Act 2023, No. 163,§ 1, eff. 8/1/2023.
Added by Act 2013, No. 1266,§ 1, 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 23 - HOME CAREGIVER TRAINING (§§ 20-77-2301 — 20-77-2305) › Section 20-77-2301 - Findings - Intent

(a)
The General Assembly finds that:
(1)
Although a direct-care worker in the State of Arkansas who serves a Medicaid-reimbursable client must undergo a forty-hour training program, a direct-care worker who serves a client in his or her home and who is not Medicaid-reimbursable has no training requirement; and
(2)
Beginning January 1, 2012, and continuing until January 1, 2027, approximately ten thousand (10,000) persons a day turn sixty-five (65) years of age in the United States.
(b)
This subchapter is intended to:
(1)
Assure disabled citizens and the constantly expanding population of senior citizens in Arkansas that a direct-care worker is properly trained in core competencies; and
(2)
Acknowledge the necessity of proper training for all direct-care workers that, in turn, will contribute to a reduction in per capita healthcare costs for Arkansans.
Added by Act 2013, No. 1410,§ 1, eff. 4/1/2014.
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 23 - HOME CAREGIVER TRAINING (§§ 20-77-2301 — 20-77-2305) › Section 20-77-2302 - Definitions

As used in this subchapter:
(1)
"Caregiver services" means services provided to an individual in the State of Arkansas to assist the recipient of the services in the activities of daily living, and the recipient of services is fifty (50) years of age or older at the time the services are provided;
(2)
"Compensation" means money or another type of property of value received by a provider of caregiver services in exchange for the services of the provider without regard to the source of payment of the money or other type of property;
(3)
"Successful completion" means completion of training in acceptable core competencies in the physical skills under §
20-77-2303
; and
(4)
"Trained in-home assistant" means an individual who has met the requirements of this subchapter and provides caregiver services.
Added by Act 2013, No. 1410,§ 1, eff. 4/1/2014.
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 23 - HOME CAREGIVER TRAINING (§§ 20-77-2301 — 20-77-2305) › Section 20-77-2304 - Exemptions

An individual may provide caregiver services without the training required under this subchapter if the person is a:
(1)
Certified Nursing Assistant;
(2)
Licensed practical nurse;
(3)
Parent, grandparent, child, grandchild, or sibling of the recipient of the services;
(4)
Physician;
(5)
Registered nurse;
(6)
Service provider who does not receive compensation for his or her services;
(7)
Licensed social worker;
(8)
Court-appointed legal guardian of the recipient of the caregiver services; or
(9)
A direct-care worker providing caregiver services to a participant in any program licensed, certified, or administered by the Department of Human Services.
Added by Act 2013, No. 1410,§ 1, eff. 4/1/2014.
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 23 - HOME CAREGIVER TRAINING (§§ 20-77-2301 — 20-77-2305) › Section 20-77-2305 - Rules

The Department of Health shall adopt rules to implement this subchapter.
Added by Act 2013, No. 1410,§ 1, eff. 4/1/2014.
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 24 - HEALTH CARE INDEPENDENCE ACT OF 2013 (§§ 20-77-2401 — 20-77-2408) › Section 20-77-2401 - [Repealed]

Repealed by Act 2019, No. 389,§ 78, eff. 7/24/2019.
Added by Act 2013, No. 1498,§ 1, eff. 4/23/2013.
Added by Act 2013, No. 1497,§ 1, eff. 4/23/2013.
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 24 - HEALTH CARE INDEPENDENCE ACT OF 2013 (§§ 20-77-2401 — 20-77-2408) › Section 20-77-2402 - [Repealed]

Repealed by Act 2019, No. 389,§ 78, eff. 7/24/2019.
Added by Act 2013, No. 1498,§ 1, eff. 4/23/2013.
Added by Act 2013, No. 1497,§ 1, eff. 4/23/2013.
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 24 - HEALTH CARE INDEPENDENCE ACT OF 2013 (§§ 20-77-2401 — 20-77-2408) › Section 20-77-2403 - [Repealed]

Repealed by Act 2019, No. 389,§ 78, eff. 7/24/2019.
Added by Act 2013, No. 1498,§ 1, eff. 4/23/2013.
Added by Act 2013, No. 1497,§ 1, eff. 4/23/2013.
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 24 - HEALTH CARE INDEPENDENCE ACT OF 2013 (§§ 20-77-2401 — 20-77-2408) › Section 20-77-2404 - [Repealed]

Repealed by Act 2019, No. 389,§ 78, eff. 7/24/2019.
Added by Act 2013, No. 1498,§ 1, eff. 4/23/2013.
Added by Act 2013, No. 1497,§ 1, eff. 4/23/2013.
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 24 - HEALTH CARE INDEPENDENCE ACT OF 2013 (§§ 20-77-2401 — 20-77-2408) › Section 20-77-2405 - [Repealed]

Repealed by Act 2019, No. 389,§ 78, eff. 7/24/2019.
Added by Act 2013, No. 1498,§ 1, eff. 4/23/2013.
Added by Act 2013, No. 1497,§ 1, eff. 4/23/2013.
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 24 - HEALTH CARE INDEPENDENCE ACT OF 2013 (§§ 20-77-2401 — 20-77-2408) › Section 20-77-2406 - [Repealed]

Repealed by Act 2019, No. 389,§ 78, eff. 7/24/2019.
Added by Act 2013, No. 1498,§ 1, eff. 4/23/2013.
Added by Act 2013, No. 1497,§ 1, eff. 4/23/2013.
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 24 - HEALTH CARE INDEPENDENCE ACT OF 2013 (§§ 20-77-2401 — 20-77-2408) › Section 20-77-2407 - [Repealed]

Repealed by Act 2019, No. 389,§ 78, eff. 7/24/2019.
Added by Act 2013, No. 1498,§ 1, eff. 4/23/2013.
Added by Act 2013, No. 1497,§ 1, eff. 4/23/2013.
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 24 - HEALTH CARE INDEPENDENCE ACT OF 2013 (§§ 20-77-2401 — 20-77-2408) › Section 20-77-2408 - [Repealed]

Repealed by Act 2019, No. 389,§ 78, eff. 7/24/2019.
Amended by Act 2016EX2, No. 2,§ 2, eff. 4/8/2016.
Amended by Act 2016EX2, No. 1,§ 2, eff. 4/8/2016.
Added by Act 2013, No. 1498,§ 1, eff. 4/23/2013.
Added by Act 2013, No. 1497,§ 1, eff. 4/23/2013.
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 25 - OFFICE OF MEDICAID INSPECTOR GENERAL (§§ 20-77-2501 — 20-77-2513) › Section 20-77-2501 - Purpose

The purpose of this subchapter is to:
(1)
Consolidate staff and other Medicaid fraud detection, prevention, and recovery functions from the relevant governmental entities into a single office;
(2)
Create a more efficient and accountable structure;
(3)
Reorganize and streamline the state's process for detecting and combating Medicaid fraud and abuse; and
(4)
Maximize the recovery of improper Medicaid payments.
Added by Act 2013, No. 1499,§ 2, eff. 7/1/2013.
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 25 - OFFICE OF MEDICAID INSPECTOR GENERAL (§§ 20-77-2501 — 20-77-2513) › Section 20-77-2502 - Definitions

As used in this subchapter:
(1)
(A)
"Abuse" means provider practices that are inconsistent with sound fiscal, business, or medical practices and result in an unnecessary cost to the Medicaid program or in reimbursement for services that are not medically necessary or that fail to meet professionally recognized standards for health care.
(B)
"Abuse" includes recipient practices that result in an unnecessary cost to the Medicaid program;
(2)
(A)
"Fraud" means a purposeful deception or misrepresentation made by a person with the knowledge that the deception could result in some unauthorized benefit to the person or another person.
(B)
"Fraud" includes any act that constitutes fraud under applicable federal or state law;
(3)
"Healthcare plan" means a publicly or privately funded program or organization that is formed to provide or pay for healthcare goods or services, including without limitation:
(A)
Health insurance plans;
(B)
Managed care organization plans;
(C)
Risk-based provider plans;
(D)
The Arkansas Medicaid Program;
(E)
The Social Security Disability Insurance program; and
(F)
The Medicare program;
(4)
"Investigation" means investigations of fraud, abuse, or illegal acts perpetrated within the medical assistance program by providers or recipients of medical assistance care, services, and supplies;
(5)
"Person" means an individual or entity other than a recipient of a healthcare item or service;
(6)
"Recovery" means any action or attempt by the Medicaid Inspector General to recoup or collect Medicaid payments already made to a provider with respect to a claim by:
(A)
Reducing other payments currently owed to the provider;
(B)
Withholding or setting off the amount against current or future payments to the provider;
(C)
Demanding payment back from a provider for a claim already paid; or
(D)
Reducing or affecting in any other manner the future claim payments to the provider; and
(7)
"Waste" means that taxpayers are not receiving reasonable value for money in connection with a government-funded activity due to an inappropriate act or omission involving mismanagement, inappropriate actions, and inadequate oversight by the person with control over or access to government resources.
Amended by Act 2017, No. 978,§ 14, eff. 8/1/2017.
Amended by Act 2017, No. 978,§ 13, eff. 8/1/2017.
Added by Act 2013, No. 1499,§ 2, eff. 7/1/2013.
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 25 - OFFICE OF MEDICAID INSPECTOR GENERAL (§§ 20-77-2501 — 20-77-2513) › Section 20-77-2503 - Office of Medicaid Inspector General - Created

The Office of Medicaid Inspector General is created within the Department of Inspector General and is independent from the Department of Human Services.
Amended by Act 2019, No. 910,§ 5260, eff. 7/1/2019.
Added by Act 2013, No. 1499,§ 2, eff. 7/1/2013.
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 25 - OFFICE OF MEDICAID INSPECTOR GENERAL (§§ 20-77-2501 — 20-77-2513) › Section 20-77-2504 - Medicaid Inspector General - Appointment - Qualifications

(a)
(1)
The Medicaid Inspector General shall be appointed by the Governor, with the advice and consent of the Senate.
(2)
The inspector general shall serve at the pleasure of the Governor.
(b)
The inspector general shall report to the Secretary of the Department of Inspector General.
(c)
The inspector general shall be the Director of the Office of Medicaid Inspector General.
(d)
The inspector general shall have not less than ten (10) years of professional experience in one (1) or more of the following areas of expertise:
(1)
Prosecution for fraud;
(2)
Fraud investigation;
(3)
Auditing; or
(4)
Comparable alternate experience in health care, if the healthcare experience involves some consideration of fraud.
Amended by Act 2019, No. 910,§ 5261, eff. 7/1/2019.
Added by Act 2013, No. 1499,§ 2, eff. 7/1/2013.
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 25 - OFFICE OF MEDICAID INSPECTOR GENERAL (§§ 20-77-2501 — 20-77-2513) › Section 20-77-2505 - Office of Medicaid Inspector General - Powers and duties

The Office of Medicaid Inspector General shall:
(1)
Prevent, detect, and investigate fraud and abuse within the medical assistance program;
(2)
Refer appropriate cases for criminal prosecution;
(3)
Recover improperly expended medical assistance funds;
(4)
Audit medical assistance program functions; and
(5)
Establish a medical assistance fraud and abuse prevention program.
Added by Act 2013, No. 1499,§ 2, eff. 7/1/2013.
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 25 - OFFICE OF MEDICAID INSPECTOR GENERAL (§§ 20-77-2501 — 20-77-2513) › Section 20-77-2507 - Cooperation of agency officials and employees

(a)
(1)
The Medicaid Inspector General shall request information, assistance, and cooperation from a federal, state, or local governmental department, board, bureau, commission, or other agency or unit of an agency to carry out the duties under this section.
(2)
A state or local agency or unit of an agency shall provide information, assistance, and cooperation under this section.
(b)
Upon request of a prosecuting attorney, the following entities shall provide information and assistance as the entity deems necessary, appropriate, and available to aid the prosecuting attorney in the investigation of fraud and abuse within the medical assistance program and the recovery of improperly expended funds:
(1)
The Office of Medicaid Inspector General;
(2)
The Department of Human Services;
(3)
The Medicaid Fraud Control Unit of the office of the Attorney General; and
(4)
Another state or local government entity.
(c)
All tips to the Arkansas Medicaid Fraud and Abuse Hotline under §
20-77-2506(28)
that include an allegation of fraud shall be forwarded to the Office of Medicaid Inspector General.
Added by Act 2013, No. 1499,§ 2, eff. 7/1/2013.
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 25 - OFFICE OF MEDICAID INSPECTOR GENERAL (§§ 20-77-2501 — 20-77-2513) › Section 20-77-2508 - Transfer of duties and resources

(a)
The duties, functions, records, personnel, property, unexpended balances of appropriations, allocations, or other funds of the Department of Human Services necessary to the operations of the Office of Medicaid Inspector General under §
20-77-2505
are transferred to the office.
(b)
The office shall assume the duties under the Medical Assistance Programs Integrity Law, §
20-77-1301
et seq.
Added by Act 2013, No. 1499,§ 2, eff. 7/1/2013.
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 25 - OFFICE OF MEDICAID INSPECTOR GENERAL (§§ 20-77-2501 — 20-77-2513) › Section 20-77-2512 - Applicability of Medicaid Fairness Act

The Medicaid Fairness Act, §
20-77-1701
et seq., applies to this subchapter.
Added by Act 2013, No. 1499,§ 2, eff. 7/1/2013.
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 26 - ARKANSAS LAY CAREGIVER ACT (§§ 20-77-2601 — 20-77-2607) › Section 20-77-2601 - Title

This act shall be known and may be cited as the "Arkansas Lay Caregiver Act".
Added by Act 2015, No. 1013,§ 1, eff. 7/22/2015.
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 26 - ARKANSAS LAY CAREGIVER ACT (§§ 20-77-2601 — 20-77-2607) › Section 20-77-2602 - Definitions

As used in this subchapter:
(1)
"Aftercare" means assistance that:
(A)
Is provided by a caregiver to a patient after the discharge of the eligible patient from a hospital;
(B)
Is related to the condition of the patient at the time of discharge; and
(C)
Does not require a professional license under Arkansas Code Title 17, Subtitle 3, or specialized training under §
20-77-2301
et seq. in order to perform the assistance;
(2)
"Caregiver" means an individual who:
(A)
Is eighteen (18) years of age or older;
(B)
Provides aftercare to an individual; and
(C)
Is identified by the patient or, if applicable, the legal guardian of the patient as a person who is involved with the health care of the patient under
45 C.F.R. § 164.510(b)
, as it existed on January 1, 2015;
(3)
"Compensation" means money or another type of property of value received by an individual in exchange for the assistance or services without regard to the source of payment of the money or other type of property;
(4)
"Discharge" means the release of a patient from hospital care to the residence of the patient following an inpatient admission;
(5)
"Hospital" means a facility that is licensed by the Division of Health Facility Services under §
20-9-213
as either a surgery and general medical care hospital or a general hospital;
(6)
"Legal guardian" means an individual who is appointed by the court to make decisions about the health or medical care of a patient;
(7)
"Patient" means an individual who has been admitted to a hospital for inpatient care and who is eighteen (18) years of age or older; and
(8)
"Residence" means the dwelling that the patient considers to be the home of the patient, but does not include any rehabilitative facility, hospital, nursing home, assisted living facility, group home, or other healthcare facility licensed by the Division of Health Facility Services or the Office of Long-Term Care.
Added by Act 2015, No. 1013,§ 1, eff. 7/22/2015.
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 26 - ARKANSAS LAY CAREGIVER ACT (§§ 20-77-2601 — 20-77-2607) › Section 20-77-2603 - Designation of caregiver

(a)
(1)
A hospital shall provide each patient or, if applicable, the patient's legal guardian, with an opportunity to designate a caregiver following the patient's admission into a hospital and before the discharge of the patient to the residence of the patient.
(2)
Before discharge, a patient may elect to change the patient's designated caregiver in the event that the original designated caregiver becomes unavailable, unwilling, or unable to care for the patient.
(b)
Designation of an individual as a caregiver pursuant to this section does not obligate that individual to accept the role of caregiver for the patient.
(c)
This section does not require a patient to designate a caregiver.
(d)
The hospital shall be deemed to have complied in full with the requirements of this subchapter in the event that the patient or, if applicable, the legal guardian of the patient:
(1)
Declines to designate a caregiver under this section; or
(2)
Objects to the disclosure of medical information concerning the patient to the caregiver.
Added by Act 2015, No. 1013,§ 1, eff. 7/22/2015.
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 26 - ARKANSAS LAY CAREGIVER ACT (§§ 20-77-2601 — 20-77-2607) › Section 20-77-2604 - Compensation to caregiver

(a)
A caregiver designated under this subchapter shall not accept compensation in exchange for aftercare provided to the patient.
(b)
This subchapter does not prevent an individual who is a licensed medical professional under Arkansas Code Title 17, Subtitle 3, or has completed training as a trained in-home assistant under §
20-77-2301
et seq. from serving as a caregiver under this subchapter so long as the individual does not accept compensation in exchange for aftercare provided to the patient.
Added by Act 2015, No. 1013,§ 1, eff. 7/22/2015.
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 26 - ARKANSAS LAY CAREGIVER ACT (§§ 20-77-2601 — 20-77-2607) › Section 20-77-2605 - Notification to caregiver

(a)
If a patient has designated a caregiver, the hospital shall notify the designated caregiver of the patient concerning the discharge or transfer of the patient to another licensed facility as soon as possible before discharge or transfer.
(b)
In the event that the hospital is unable to contact the designated caregiver, the lack of contact shall not interfere with, delay, or otherwise affect the medical care provided to the patient or an appropriate discharge of the patient.
Added by Act 2015, No. 1013,§ 1, eff. 7/22/2015.
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 26 - ARKANSAS LAY CAREGIVER ACT (§§ 20-77-2601 — 20-77-2607) › Section 20-77-2606 - Consultation with caregiver - Discharge plan

(a)
(1)
As soon as practicable before the discharge of the patient, the hospital shall attempt to consult with the designated caregiver to prepare the caregiver to provide for the aftercare needs of the patient.
(2)
As part of the consultation under subdivision (a)(1) of this section, the hospital shall provide the designated caregiver the opportunity to ask questions and receive answers about the aftercare needs of the patient.
(b)
(1)
At or before discharge, the hospital shall provide the caregiver with the discharge plan of the patient that describes any aftercare needs of the patient.
(2)
The hospital will educate the caregiver concerning the aftercare of the patient in a manner that is consistent with current accepted practices and is based on the learning needs of the caregiver.
(c)
In the event that the hospital is unable to contact the designated caregiver, the lack of contact shall not interfere with, delay, or otherwise affect an appropriate discharge of the patient.
Added by Act 2015, No. 1013,§ 1, eff. 7/22/2015.
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 26 - ARKANSAS LAY CAREGIVER ACT (§§ 20-77-2601 — 20-77-2607) › Section 20-77-2607 - Construction - Immunity

(a)
This subchapter shall not:
(1)
Confer upon the caregiver any authority to make healthcare decisions on behalf of the patient;
(2)
Create a private right of action against a hospital, hospital employee, or duly authorized agent of the hospital; or
(3)
Remove the obligation of a third-party payer to cover a healthcare item or service that the third-party payer is obligated to provide to a patient under the terms of a valid agreement, insurance policy, plan, or certification of coverage or health maintenance organization contract.
(b)
A hospital, hospital employee, contractor leaving a contractual relationship with a hospital, or duly authorized agent of a hospital shall not be held liable in any way for an act or omission of the caregiver.
Added by Act 2015, No. 1013,§ 1, eff. 7/22/2015.
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 27 - MEDICAID PROVIDER-LED ORGANIZED CARE ACT (§§ 20-77-2701 — 20-77-2708) › Section 20-77-2701 - Title

This subchapter shall be known and may be cited as the "Medicaid Provider-Led Organized Care Act".
Added by Act 2017, No. 775,§ 1, eff. 3/31/2017.
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 27 - MEDICAID PROVIDER-LED ORGANIZED CARE ACT (§§ 20-77-2701 — 20-77-2708) › Section 20-77-2702 - Legislative intent and purpose

(a)
As the single state agency for administration of the medical assistance programs established under Title XIX of the Social Security Act,
42 U.S.C. § 1396
et seq., and Title XXI of the Social Security Act,
42 U.S.C. § 1397aa
et seq., the Department of Human Services is authorized by federal law to utilize one (1) or more organizations for providing healthcare services to Medicaid beneficiary populations.
(b)
The purpose of this subchapter is to establish a Medicaid provider-led organized care system that administers and delivers healthcare services for a member of an enrollable Medicaid beneficiary population in return for payment.
(c)
It is the intent of the General Assembly that the Medicaid provider-led organized care system created by the department shall:
(1)
Improve the experience of health care, including without limitation quality of care, access to care, and reliability of care, for enrollable Medicaid beneficiary populations;
(2)
Enhance the performance of the broader healthcare system leading to improved overall population health;
(3)
Slow or reverse spending growth for enrollable Medicaid beneficiary populations and for covered services while maintaining quality of care and access to care;
(4)
Further the objectives of Arkansas payment reforms and the state's ongoing commitment to innovation;
(5)
Discourage excessive use of services;
(6)
Reduce waste, fraud, and abuse;
(7)
Encourage the most efficient use of taxpayer funds; and
(8)
Operate under federal guidelines for patient rights.
Added by Act 2017, No. 775,§ 1, eff. 3/31/2017.
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 27 - MEDICAID PROVIDER-LED ORGANIZED CARE ACT (§§ 20-77-2701 — 20-77-2708) › Section 20-77-2704 - Licensure by Insurance Commissioner

(a)
The Insurance Commissioner may license for participation in the Medicaid provider-led organized care system one (1) or more risk-based provider organizations that satisfactorily meet licensure requirements and are capable of coordinating the delivery and payment of healthcare services for the enrollable Medicaid beneficiary populations.
(b)
The commissioner shall require a risk-based provider organization to enroll members of covered Medicaid beneficiary populations statewide.
Added by Act 2017, No. 775,§ 1, eff. 3/31/2017.