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 7 - SPECIAL NEEDS TRUST REVOLVING FUND (§§ 20-77-701 — 20-77-710) › Section 20-77-705 - Conditions for benefits - Changes in benefits

(a)
Benefits shall not be awarded:
(1)
Unless the claim has been filed with the cotrustees of the Special Needs Trust Revolving Fund after the injury, disability, or medical condition exists; or
(2)
If any governmental entitlement or insurance program provides comparable benefits to persons eligible to participate in those programs.
(b)
Benefits otherwise payable to a beneficiary shall be diminished to the extent that the economic loss is recouped from collateral sources and retained by the beneficiary or claimant.
(c)
In determining eligibility for benefits from the Special Needs Trust Revolving Fund, the cotrustees shall apply the same eligibility standards as those then in effect for assistance under the state medical assistance program.
(d)
In the event that the fund results in a contributing beneficiary's being declared ineligible for state medical assistance payments, the contributing beneficiary may elect:
(1)
To take no action;
(2)
To withdraw from the fund, whereupon the contributing beneficiary shall be entitled to the unexpended portion of his or her contribution; or
(3)
To continue to participate in the fund and be eligible for benefits from the fund, but to relinquish any other interest in the fund, including any right the contributing beneficiary or the contributing beneficiary's estate may have had to any unexpended portion of the beneficiary's contribution. Any such relinquishment shall be deemed to have been made for adequate consideration.
Acts 1993, No. 1228, § 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 7 - SPECIAL NEEDS TRUST REVOLVING FUND (§§ 20-77-701 — 20-77-710) › Section 20-77-706 - Waiver of physician-patient privilege - Examinations and reports

(a)
Any person filing a claim under the provisions of this subchapter shall be deemed to have waived any physician-patient privilege as to communications or records relevant to an issue of the physical, mental, or emotional conditions of the claimant.
(b)
If the mental, physical, or emotional condition of a claimant is material to a claim, upon good cause shown, the cotrustees of the Special Needs Trust Revolving Fund may order the claimant to submit to a mental or physical examination. The order shall specify the time, place, manner, conditions, and scope of the examination and the person by whom it is to be made. The order shall also require the person to file a detailed written report of the examination with the cotrustees. The report shall set out the findings of the person making the report, including results of all tests made, diagnoses, prognoses, and other conclusions and reports of earlier examinations of the same conditions.
(c)
The cotrustees shall furnish to the beneficiary a copy of any reports examined.
(d)
The cotrustees may require the claimant to supply any additional medical or psychological reports available relating to the injury or death for which reparations are claimed.
Acts 1993, No. 1228, § 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 7 - SPECIAL NEEDS TRUST REVOLVING FUND (§§ 20-77-701 — 20-77-710) › Section 20-77-707 - Application forms - Cooperation by applicant

Each local office of the Department of Human Services shall keep application forms prepared and provided by the cotrustees of the Special Needs Trust Revolving Fund and make them available to any person upon request.
Acts 1993, No. 1228, § 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 7 - SPECIAL NEEDS TRUST REVOLVING FUND (§§ 20-77-701 — 20-77-710) › Section 20-77-708 - Confidential information

The following information, when submitted to the cotrustees of the Special Needs Trust Revolving Fund as part of an application, shall be confidential:
(1)
Documents submitted by a claimant which relate to medical treatment; and
(2)
Investigative reports, if confidential under any other law.
Acts 1993, No. 1228, § 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 7 - SPECIAL NEEDS TRUST REVOLVING FUND (§§ 20-77-701 — 20-77-710) › Section 20-77-709 - Powers of cotrustees of Special Needs Trust Revolving Fund - Logistical support

(a)
(1)
(A)
The cotrustees of the Special Needs Trust Revolving Fund shall have the power to award benefits if satisfied by a preponderance of the evidence that the requirements for benefits have been met.
(B)
The cotrustees shall have authority to award the benefits either to the claimant or directly to the provider of services.
(2)
The cotrustees shall hear and determine all matters relating to claims for benefits, including the power to reopen claims without regard to statutes of limitation.
(3)
The cotrustees shall have the power to subpoena witnesses, compel their attendance, require the production of records and other evidence, administer oaths or affirmations, conduct hearings, and receive relevant information regarding any claim.
(4)
The cotrustees shall be provided such office, support staff, and secretarial services as are deemed necessary, and the reasonable costs of administration of the trust shall be borne by the trust.
(b)
In addition to any other powers and duties specified elsewhere in this subchapter, the cotrustees may:
(1)
Regulate the fund's own procedure except as otherwise provided in this subchapter;
(2)
Adopt rules to implement the provisions of this subchapter;
(3)
Define any term not defined in this subchapter;
(4)
Prescribe forms necessary to carry out the purposes of this subchapter;
(5)
Request access to any reports of investigations or other data necessary to assist the cotrustees in making a determination of eligibility for benefits under the provisions of this subchapter;
(6)
Take notice of general, technical, and scientific facts within their specialized knowledge; and
(7)
Publicize the availability of benefits and information regarding the filing of claims therefor.
Amended by Act 2019, No. 315,§ 2266, eff. 7/24/2019.
Acts 1993, No. 1228, § 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 7 - SPECIAL NEEDS TRUST REVOLVING FUND (§§ 20-77-701 — 20-77-710) › Section 20-77-710 - Annual report of cotrustees of Special Needs Trust Revolving Fund

The cotrustees of the Special Needs Trust Revolving Fund shall prepare and transmit annually a report of their activities to the Secretary of the Department of Human Services. This report shall include the amount of benefits paid and a statistical summary of claims and benefits made and denied.
Amended by Act 2019, No. 910,§ 5226, eff. 7/1/2019.
Acts 1993, No. 1228, § 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 8 - HOME INTRAVENOUS DRUG THERAPY SERVICES (§§ 20-77-801 — 20-77-808) › Section 20-77-801 - Definitions

As used in this subchapter:
(1)
(A)
"Home intravenous drug therapy services" means the items and services described in subdivision (1)(B) of this section furnished to an individual who is under the care of a physician in a place of residence used as the individual's home, by a qualified home intravenous drug therapy provider, and under a plan established and periodically reviewed by a physician.
(B)
"Home intravenous drug therapy services" includes pharmacy and related services, including medical supplies, intravenous fluids, and equipment used in administering intravenous fluids as are necessary to conduct safely and effectively an intravenous-administered drug regimen;
(2)
"Qualified pharmacy home intravenous drug therapy provider" means any entity that the Arkansas State Board of Pharmacy determines meets the following requirements:
(A)
Is capable of providing home intravenous drug therapy services;
(B)
Makes services available, as needed, seven (7) days a week on a twenty-four-hour basis;
(C)
Adheres to the appropriate written protocols and policies with respect to the provision of items and services;
(D)
Maintains clinical records on all patients;
(E)
Coordinates all services with the patient's physician;
(F)
Maintains patient records as to frequency of nursing visits, certificate of medical necessity from the attending physician, progress reports on the patient, and a patient care plan;
(G)
Conducts a quality assessment and assurance program, including drug regimen review and coordination of patient care;
(H)
Provides sterile compounding of intravenous drugs in an atmosphere which contains less than one thousand (1,000) particles 0.5 microns or larger in diameter per cubic foot of air and positive air flow. Clean air hoods must be certified at least annually;
(I)
Performs stringent quality control procedures, including complete sterile compounding records of drug lot number, expiration date, quantity used, and a copy of the label attached to the final compounded product;
(J)
Is licensed by the board; and
(K)
Meets other requirements as the board may determine are necessary to assure the safe and effective provision of home intravenous drug therapy services and the efficient administration of home intravenous drug therapy; and
(3)
"Referring physician" means, with respect to providing home intravenous drug therapy services to an individual, a physician who:
(A)
Prescribed the home intravenous drug for which the services are to be provided; and
(B)
Established the plan of care for the services.
Acts 1993, No. 918, § 1; 2003, No. 1473, § 45.
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 8 - HOME INTRAVENOUS DRUG THERAPY SERVICES (§§ 20-77-801 — 20-77-808) › Section 20-77-802 - Medicaid payment

(a)
The Medicaid payment shall not exceed an amount equal to the lesser of the qualified provider's usual and customary charges for such services or the reimbursement schedule established under subsection (b) of this section when determined medically necessary by the Arkansas Medicaid Program.
(b)
(1)
The Department of Human Services shall establish a reimbursement schedule for the following:
(A)
Home intravenous antibiotics;
(B)
Chemotherapy;
(C)
Pain management;
(D)
Total parenteral nutrition; and
(E)
Other home intravenous therapies.
(2)
A reimbursement schedule established under this section shall be on a per diem basis.
(3)
Service per diem rates shall include the following:
(A)
Pharmacy sterile compounding fees;
(B)
Intravenous pole, infusion pumps, and pump cassettes;
(C)
All required intravenous supplies such as syringes, tubing, catheter care kits, etc.; and
(D)
Other related services necessary for home intravenous drug services.
(4)
The Medicaid reimbursement shall be the average wholesale cost of drug and solution plus a service per diem not to exceed the fortieth percentile of average daily Medicaid per diem to Arkansas hospitals, or the usual and customary reimbursement, whichever is lower.
(c)
Reimbursement under this section shall not be subject to the Medicaid pharmacy benefits limits.
Acts 1993, No. 918, § 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 8 - HOME INTRAVENOUS DRUG THERAPY SERVICES (§§ 20-77-801 — 20-77-808) › Section 20-77-803 - Physician clinical management fees

(a)
The referring physician prescribing the home intravenous therapy shall be entitled to Medicaid payment for certain clinical management services determined by the Department of Human Services.
(b)
The schedule of physicians' fees for these services shall not exceed on a per diem basis the fortieth percentile of average Medicaid fees paid to physicians for Arkansas hospital visits, or the usual and customary reimbursement, whichever is lower.
Acts 1993, No. 918, § 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 8 - HOME INTRAVENOUS DRUG THERAPY SERVICES (§§ 20-77-801 — 20-77-808) › Section 20-77-804 - Limitation on acceptance of and payments for certain referrals

(a)
Except as provided in subsection (b) of this section, no payment for home intravenous drug therapy services shall be made to any provider in which a physician or a physician's immediate family member has an ownership interest in the provider or in any situation where the physician receives compensation from the provider to induce referrals.
(b)
Exceptions:
(1)
Subsection (a) of this section does not apply if the ownership interest is the ownership of stock which is traded over a publicly regulated exchange and was purchased on terms generally available to the public;
(2)
Subsection (a) of this section does not apply if the compensation is reasonably related to items or services actually provided by the physician and does not vary in proportion to the number of referrals made by the referring physicians, but such exception does not apply to compensation provided for direct patient care services; and
(3)
Subsection (a) of this section is not to be construed to apply to a referring physician whose only ownership or financial relationship with the provider is as an uncompensated officer or director of the provider.
Acts 1993, No. 918, § 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 8 - HOME INTRAVENOUS DRUG THERAPY SERVICES (§§ 20-77-801 — 20-77-808) › Section 20-77-805 - Administration of medication

When the home intravenous drug therapy medication must be administered by a licensed healthcare professional, the administration of this medication shall be provided by a licensed home health agency.
Acts 1993, No. 918, § 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 8 - HOME INTRAVENOUS DRUG THERAPY SERVICES (§§ 20-77-801 — 20-77-808) › Section 20-77-806 - Sales and delivery

No person or entity shall sell intravenous drugs in this state or deliver the same into this state through the United States mail or a private carrier unless licensed by the Arkansas State Board of Pharmacy.
Acts 1993, No. 918, § 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 8 - HOME INTRAVENOUS DRUG THERAPY SERVICES (§§ 20-77-801 — 20-77-808) › Section 20-77-807 - Sanctions

No payment may be made under this subchapter for home intravenous drug therapy service which is provided in violation of this subchapter or which jeopardizes federal financial participation.
Acts 1993, No. 918, § 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 8 - HOME INTRAVENOUS DRUG THERAPY SERVICES (§§ 20-77-801 — 20-77-808) › Section 20-77-808 - Exclusion

The provisions of this subchapter shall not be deemed to grant the Arkansas State Board of Pharmacy any authority to regulate the practice of nursing in this state, and the practicing of nursing in this state shall remain the sole responsibility of the Arkansas State Board of Nursing pursuant to the Nurse Practices Act, §
17-87-101
et seq.
Acts 1993, No. 918, § 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 9 - MEDICAID FRAUD FALSE CLAIMS ACT (§§ 20-77-901 — 20-77-912) › Section 20-77-905 - Order compelling testimony or production of evidence - Immunity - Contempt

(a)
(1)
(A)
In any proceeding or investigation under this subchapter, if a person refuses to answer a question or produce evidence of any kind on the ground that he or she may be incriminated and if the Attorney General or prosecuting attorney requests the court in writing to order the person to answer the question or produce the evidence, the court may make this order, and the person shall comply with the order.
(B)
If the court denies the request, the court shall state its reasons for the denial in writing.
(2)
After complying, the testimony or evidence or any information directly derived from the testimony or evidence shall not be used against the person in any proceeding or prosecution of a crime or offense concerning which he or she gave an answer or produced evidence under the court order.
(3)
Immunity obtained pursuant to this section does not exempt any person from prosecution, penalty, or forfeiture for any perjury, false swearing, or contempt committed in answering or failing to answer or in producing or failing to produce evidence in accordance with the order.
(b)
If a person refuses to testify after being granted immunity and after being ordered to testify as prescribed in subsection (a) of this section, he or she may be adjudged in contempt.
Acts 1993, No. 1299, § 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 9 - MEDICAID FRAUD FALSE CLAIMS ACT (§§ 20-77-901 — 20-77-912) › Section 20-77-906 - Evidence - Disclosure

(a)
If the Attorney General determines that disclosure to the respondent of the evidence relied on to establish reasonable cause is not in the best interests of the investigation, he or she may request that the court examine the evidence in camera. If the Attorney General makes this request, the court may examine the evidence in camera and then make its determination.
(b)
(1)
Any procedure, testimony taken, or material produced under this section shall be kept confidential by the Attorney General before bringing an action against a person under this subchapter for the violation under investigation unless any of the following applies:
(A)
Confidentiality is waived by the person whose testimony is disclosed;
(B)
Confidentiality is waived by the person who produced to the Attorney General the material being disclosed;
(C)
The testimony or material is disclosed solely to the person, or the person's attorney, who testified or provided the material to the Attorney General; or
(D)
Disclosure is authorized by court order.
(2)
The Attorney General may disclose the testimony or material to an agency director of the State of Arkansas, of the United States, or of any other state, to the prosecuting attorney, or to the United States Attorney.
(c)
An investigator conducting an examination pursuant to this section may exclude from the place of examination any person except the person being examined and the person's counsel.
(d)
Nothing in this section shall be construed to limit the Attorney General's authority to access provider records in accordance with existing provisions of the Arkansas Code of 1987 Annotated.
Acts 1993, No. 1299, § 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 9 - MEDICAID FRAUD FALSE CLAIMS ACT (§§ 20-77-901 — 20-77-912) › Section 20-77-908 - False claims jurisdiction - Procedure

(a)
Any action under this subchapter may be brought in Pulaski County Circuit Court or the county where the defendant or, in the case of multiple defendants, any one (1) defendant resides.
(b)
A civil action under this section may not be brought more than five (5) years after the date on which the violation of this subchapter is committed.
(c)
In any action brought pursuant to this subchapter, the State of Arkansas shall be required to prove all essential elements of the cause of action, including damages, by a preponderance of the evidence.
(d)
A subpoena requiring the production of documents or the attendance of a witness at an interview, trial, or hearing conducted under this section may be served by the Attorney General or any duly authorized law enforcement officer in the State of Arkansas personally, telephonically, or by registered or certified mail. In the case of service by registered or certified mail, the return shall be accompanied by the return post office receipt of delivery of the demand.
Amended by Act 2017, No. 978,§ 12, eff. 8/1/2017.
Acts 1993, No. 1299, §§ 7, 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 9 - MEDICAID FRAUD FALSE CLAIMS ACT (§§ 20-77-901 — 20-77-912) › Section 20-77-909 - Injunctions against fraud

(a)
(1)
Whenever it appears that any person is engaged in or intends to engage in the transfer, conversion, or destruction of assets, records, or property in an effort to avoid detection of violations of this subchapter or avoid paying restitution, fines, and civil penalties owed under this subchapter or the Medicaid Fraud Act, §
5-55-101
et seq., the Attorney General may apply to the Pulaski County Circuit Court, or to the court in which the records or property are located, to seize and impound the property.
(2)
The application for an ex parte order shall be in writing, furnish a reasonable basis for the granting of the proposed order, and demonstrate that an emergency exists that would support the granting of the motion.
(b)
(1)
If the order is granted, the respondent shall be notified of the order seizing and impounding his or her property immediately after the seizure, or as soon as is reasonably practicable. If, after diligent inquiry, the respondent cannot be located, notice under this subsection may be accomplished by leaving a copy of the order at his or her dwelling house or usual place of abode with some person residing therein who is at least eighteen (18) years of age, or by delivering a copy of the order to a representative at the respondent's place of business who is at least eighteen (18) years of age.
(2)
If the order is granted, the respondent shall be granted a hearing no later than five (5) days after being notified of the property's seizure for the purpose of determining whether the order should be continued.
(3)
(A)
If the court finds the assets or funds can be preserved without physical seizure, the court may order a constructive seizure by entering an order directing the defendant or third-party financial institution to freeze or forgo further transfer of the assets or funds.
(B)
The court may fashion the constructive seizure in any manner reasonably necessary to protect and preserve the assets or funds pending the resolution of related civil and criminal cases.
(c)
The burden at all stages of the proceeding shall be upon the state to prove by a preponderance of the evidence the necessity of the order of seizure.
Amended by Act 2019, No. 916,§ 12, eff. 7/24/2019.
Acts 1993, No. 1299, § 10; 1995, No. 984, § 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 9 - MEDICAID FRAUD FALSE CLAIMS ACT (§§ 20-77-901 — 20-77-912) › Section 20-77-910 - Suspension of violators

The Secretary of the Department of Human Services may suspend or revoke the provider agreement between the Department of Human Services and the person in the event that the person is found guilty of violating the terms of this subchapter.
Amended by Act 2019, No. 910,§ 5229, eff. 7/1/2019.
Acts 1993, No. 1299, § 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 9 - MEDICAID FRAUD FALSE CLAIMS ACT (§§ 20-77-901 — 20-77-912) › Section 20-77-912 - Funds for investigations and prosecutions

(a)
Under this subchapter and the Medicaid Fraud Act, §
5-55-101
et seq., the Attorney General or a prosecuting attorney is entitled to recover reasonable and necessary expenses incurred during his or her investigations and prosecutions.
(b)
The Attorney General shall create and maintain accounts for these funds.
(c)
The federal share of these funds shall be returned to the United States Government in accordance with the federal regulations governing the Medicaid Fraud Control Unit.
(d)
The remaining funds shall be retained and expended by the Attorney General to defer the cost of future investigations and prosecutions conducted by the Medicaid Fraud Control Unit.
Added by Act 2019, No. 897,§ 21, eff. 7/1/2019.
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 10 - DONATED DENTAL SERVICES PROGRAM OF ARKANSAS (§ 20-77-1001) › Section 20-77-1001 - Creation - Reporting requirement

(a)
The Department of Human Services shall establish the Donated Dental Services Program of Arkansas to coordinate the services of volunteer dentists and dental laboratories who will provide comprehensive dental care to needy, disabled, aged, and medically compromised individuals.
(b)
The department may fulfill its obligations under this section by awarding a grant for the administration of the program.
(c)
The department shall file a report with the Legislative Council on the program no later than September 1 of each year.
Acts 1997, No. 145, § 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 11 - ARKIDS FIRST PROGRAM ACT (§§ 20-77-1101 — 20-77-1105) › Section 20-77-1101 - Title

This subchapter shall be known and may be cited as the "ARKids First Program Act".
Acts 1999, No. 849, § 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 11 - ARKIDS FIRST PROGRAM ACT (§§ 20-77-1101 — 20-77-1105) › Section 20-77-1102 - Purpose

The purpose and intent of this subchapter is to establish a program to provide access to appropriate healthcare services for eligible children in Arkansas.
Acts 1999, No. 849, § 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 11 - ARKIDS FIRST PROGRAM ACT (§§ 20-77-1101 — 20-77-1105) › Section 20-77-1103 - Definitions

For purposes of this subchapter:
(1)
"Family" means a family as defined in the
Medical Services Policy Manual
of the Division of County Operations of the Department of Human Services; and
(2)
"Healthcare coverage" means healthcare insurance as defined by rules promulgated by the Department of Human Services for the ARKids First Program.
Acts 1999, No. 849, § 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 11 - ARKIDS FIRST PROGRAM ACT (§§ 20-77-1101 — 20-77-1105) › Section 20-77-1105 - Funding

(a)
Funding for the uninsured children's program shall be derived from funds as may be provided by the General Assembly, copayments, and any federal matching funds available to the program.
(b)
It is further the intent of this subchapter that funds appropriated by the General Assembly for the purpose of funding the uninsured children's program be used where appropriate and practical to match federal funding sources to enhance the total available funding for the operation of the uninsured children's program.
(c)
The ARKids First Program shall operate only if funds are available for its operation.
Acts 1999, No. 849, § 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 12 - MEDICAID PROGRAM FOR LOW-INCOME DISABLED WORKING PERSONS (§§ 20-77-1201 — 20-77-1205) › Section 20-77-1201 - Title

This subchapter shall be known and may be cited as the "Medicaid Program for Low-Income Disabled Working Persons".
Acts 1999, No. 1197, § 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 12 - MEDICAID PROGRAM FOR LOW-INCOME DISABLED WORKING PERSONS (§§ 20-77-1201 — 20-77-1205) › Section 20-77-1202 - Purpose

The purpose and intent of this subchapter is to establish a new optional categorically needy Medicaid eligibility group under section 4733 of the Balanced Budget Act of 1997 to provide medical assistance to disabled working persons whose family incomes are less than two hundred fifty percent (250%) of the federal poverty guidelines.
Acts 1999, No. 1197, § 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 12 - MEDICAID PROGRAM FOR LOW-INCOME DISABLED WORKING PERSONS (§§ 20-77-1201 — 20-77-1205) › Section 20-77-1203 - Definitions

As used in this subchapter, unless the context otherwise requires:
(1)
(A)
"Cost sharing" means the portion of the cost of a Medicaid-covered service which must be paid at the point of service by the eligible individual.
(B)
Cost sharing shall be set on a sliding scale based on income;
(2)
"Eligible individual" means an individual who meets the disability assets and unearned income standards to receive supplemental security income, who would be considered to be receiving supplemental security income benefits but for his or her earned income;
(3)
"Family" means family as defined in the Medical Services Policy Manual;
(4)
"Medicaid-covered service" means physician, pharmacy, and hospital services covered for other categories of the Arkansas Medicaid Program; and
(5)
"Premium" means a charge which must be paid by an applicant as a condition of enrolling in the low-income disabled working person category of Medicaid eligibility.
Amended by Act 2013, No. 1048,§ 1, eff. 8/16/2013.
Acts 1999, No. 1197, § 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 12 - MEDICAID PROGRAM FOR LOW-INCOME DISABLED WORKING PERSONS (§§ 20-77-1201 — 20-77-1205) › Section 20-77-1204 - Administration - Regulation

(a)
The Department of Human Services is authorized to apply to the Centers for Medicare & Medicaid Services for approval to create and administer the low-income disabled working person category of Medicaid eligibility.
(b)
The department shall promulgate rules for and administer the low-income disabled working person category of Medicaid eligibility in conformity with this subchapter with a state Medicaid plan amendment or waiver approved by the administration and in a manner that:
(1)
Limits the population that may enroll in the low-income disabled working person category of Medicaid eligibility to eligible persons;
(2)
Establishes premium and cost-sharing charges on a sliding scale based on income;
(3)
Limits the services reimbursed to Medicaid-covered services furnished by providers enrolled as Medicaid providers;
(4)
Limits reimbursements to the rates established by the department; and
(5)
Provides for the automatic assignment of medical payments due as set out in §§
20-77-302
and
20-77-307
as a condition of eligibility for benefits under the low-income disabled working person category of Medicaid eligibility.
(c)
A rule adopted under this section shall not include a test for income, assets, or resources.
Amended by Act 2013, No. 1048,§ 2, eff. 8/16/2013.
Acts 1999, No. 1197, § 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 12 - MEDICAID PROGRAM FOR LOW-INCOME DISABLED WORKING PERSONS (§§ 20-77-1201 — 20-77-1205) › Section 20-77-1205 - Funding

(a)
Funding for the low-income disabled working person category of Medicaid eligibility shall be derived from funds as may be provided by the General Assembly, premiums, cost sharing, and any federal matching funds available to the Medicaid Program for Low-Income Disabled Working Persons.
(b)
It is further the intent of this subchapter that funds appropriated by the General Assembly for the purpose of funding the low-income disabled working person category of Medicaid eligibility be used where appropriate and practicable to match federal funding sources to enhance the total available funding for the operation of the program.
Acts 1999, No. 1197, § 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 13 - MEDICAL ASSISTANCE PROGRAMS INTEGRITY LAW (§§ 20-77-1301 — 20-77-1305) › Section 20-77-1301 - Title

This subchapter may be cited as the "Medical Assistance Programs Integrity Law".
Acts 1999, No. 1544, § 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 13 - MEDICAL ASSISTANCE PROGRAMS INTEGRITY LAW (§§ 20-77-1301 — 20-77-1305) › Section 20-77-1302 - Legislative intent and purpose

(a)
This subchapter is enacted to combat and prevent fraud and abuse committed by some healthcare providers participating in the medical assistance programs and by other persons and to negate the adverse effects those activities have on fiscal and programmatic integrity. The administrative sanctions imposed pursuant to this subchapter are intended to be in addition to those provided for in the Medicaid Fraud Act, §
5-55-101
et seq., and the Medicaid Fraud False Claims Act, §
20-77-901
et seq., and any proceeding brought hereunder shall not be a bar or defense to actions brought pursuant to these or other acts.
(b)
The General Assembly intends to provide the Secretary of the Department of Human Services with the ability, authority, and resources to pursue administrative sanctions and liquidated damages to protect the fiscal and programmatic integrity of the medical assistance programs from healthcare providers and other persons who engage in fraud, misrepresentation, abuse, or other ill practices, as set forth in this subchapter in order to obtain payments to which these healthcare providers or persons are not entitled.
Amended by Act 2019, No. 910,§ 5230, eff. 7/1/2019.
Acts 1999, No. 1544, § 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 13 - MEDICAL ASSISTANCE PROGRAMS INTEGRITY LAW (§§ 20-77-1301 — 20-77-1305) › Section 20-77-1303 - Definitions

As used in this subchapter, the following terms shall have the following meanings:
(1)
"Administrative adjudication" means adjudication and the adjudication process contained in the Arkansas Administrative Procedure Act, §
25-15-201
et seq.;
(2)
"Claim" includes any request or demand, including any and all documents or information required by federal or state law or by rule, made against medical assistance programs funds for payment. A claim may be based on costs or projected costs and includes any entry or omission in a cost report or similar document, book of account, or any other document which supports, or attempts to support, the claim. A claim may be made through electronic means if authorized by the Department of Human Services. Each claim may be treated as a separate claim or several claims may be combined to form one (1) claim;
(3)
[Repealed.]
(4)
"Healthcare provider" means any person furnishing or claiming to furnish a good, service, or supply under the medical assistance programs, any other person defined as a healthcare provider by federal or state law or rule, and a provider-in-fact;
(5)
"Medical assistance programs" means the Medical Assistance Program, Title XIX of the Social Security Act, commonly referred to as "Medicaid", and other programs operated by and funded in the department which provide payment to persons or entities providing any good, service, or supply to a recipient;
(6)
"Order" means a final order imposed pursuant to an administrative adjudication;
(7)
"Payment" means the payment to a healthcare provider from medical assistance programs funds pursuant to a claim, or the attempt to seek payment for a claim;
(8)
"Recoupment" means recovery through the reduction, in whole or in part, of payment to a healthcare provider;
(9)
"Rule" means any rule promulgated by the department in accordance with the Arkansas Administrative Procedure Act, §
25-15-201
et seq., and any federal rule or regulation promulgated by the United States Government in accordance with federal law; and
(10)
"Withhold payment" means to reduce or adjust the amount, in whole or in part, to be paid to a healthcare provider for a pending or future claim during the time of a criminal, civil, or departmental investigation or proceeding or claims review of the healthcare provider.
Amended by Act 2019, No. 315,§ 2267, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 5231, eff. 7/1/2019.
Amended by Act 2019, No. 389,§ 76, eff. 7/24/2019.
Acts 1999, No. 1544, § 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 13 - MEDICAL ASSISTANCE PROGRAMS INTEGRITY LAW (§§ 20-77-1301 — 20-77-1305) › Section 20-77-1304 - Claims review and administrative sanctions

(a)
(1)
Pursuant to rules promulgated in accordance with the Arkansas Administrative Procedure Act, §
25-15-201
et seq., the Secretary of the Department of Human Services shall establish a process to review a claim made by a healthcare provider to determine whether the claim should be or should have been paid as required by federal or state law or rule.
(2)
Claims review may occur before or after payment is made to a healthcare provider.
(3)
The secretary may withhold payment to a healthcare provider during claims review if necessary to protect the fiscal integrity of the medical assistance programs, provided that the healthcare provider has an opportunity for a hearing within sixty (60) days of the date payment is withheld.
(b)
(1)
The secretary may establish various types of administrative sanctions pursuant to rules promulgated in accordance with the Arkansas Administrative Procedure Act, §
25-15-201
et seq., which may be imposed on a healthcare provider or other person who violates any provision of this subchapter or any other applicable federal or state law or rule related to the medical assistance programs.
(2)
Administrative sanction shall include any or all of the following: recoupment, posting of bond or other security, or a combination thereof; exclusion as a healthcare provider; or liquidated damages.
(c)
(1)
The Department of Human Services shall conduct a hearing in compliance with the Arkansas Administrative Procedure Act, §
25-15-201
et seq., at the request of a person who wishes to contest an administrative sanction imposed on him or her by the secretary.
(2)
A party aggrieved by an order may seek judicial review in accordance with the Arkansas Administrative Procedure Act, §
25-15-201
et seq.
(3)
Judicial review of the order shall be conducted in compliance with the Arkansas Administrative Procedure Act, §
25-15-201
et seq.
(d)
All state rules and regulations issued on or before July 30, 1999, shall be deemed to have been issued in compliance with the authority of this section.
Amended by Act 2019, No. 315,§ 2269, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 2268, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 5235, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 5234, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 5233, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 5232, eff. 7/1/2019.
Acts 1999, No. 1544, § 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 13 - MEDICAL ASSISTANCE PROGRAMS INTEGRITY LAW (§§ 20-77-1301 — 20-77-1305) › Section 20-77-1305 - Settlement

The Secretary of the Department of Human Services may agree to settle an administrative sanction. The terms of the settlement shall be reduced to writing and signed by the parties to the agreement. The terms of the settlement shall be a public record. The settlement shall include the method and means of payment for recovery, including, but not limited to, adequate security for the full amount of the settlement.
Amended by Act 2019, No. 910,§ 5236, eff. 7/1/2019.
Acts 1999, No. 1544, § 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 14 - PRESCRIPTION DRUG ACCESS IMPROVEMENT ACT (§§ 20-77-1401 — 20-77-1405) › Section 20-77-1401 - Title

This subchapter shall be known and may be cited as the "Prescription Drug Access Improvement Act".
Acts 2001, No. 1658, § 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 14 - PRESCRIPTION DRUG ACCESS IMPROVEMENT ACT (§§ 20-77-1401 — 20-77-1405) › Section 20-77-1402 - Purpose

The purpose and intent of this subchapter is to authorize a Medicaid waiver to provide affordable prescription drugs for eligible persons sixty-five (65) years of age and over.
Acts 2001, No. 1658, § 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 14 - PRESCRIPTION DRUG ACCESS IMPROVEMENT ACT (§§ 20-77-1401 — 20-77-1405) › Section 20-77-1403 - Definitions

As used in this subchapter:
(1)
[Repealed.]
(2)
"Medicaid" means the Arkansas program of medical assistance established under Title XIX of the Social Security Act;
(3)
"Prescription Drug Access Program" means the limited prescription drug benefit Medicaid waiver program established under this subchapter;
(4)
"Prescription drugs" means controlled substances and legend drugs as defined in §
20-64-503
; and
(5)
"Waiver" means the limited prescription drug benefit Medicaid waiver authorized by this subchapter.
Amended by Act 2019, No. 389,§ 77, eff. 7/24/2019.
Acts 2001, No. 1658, § 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 14 - PRESCRIPTION DRUG ACCESS IMPROVEMENT ACT (§§ 20-77-1401 — 20-77-1405) › Section 20-77-1404 - Prescription drug benefit Medicaid waiver

The Department of Human Services may apply to the Centers for Medicare & Medicaid Services for a limited prescription drug benefit Medicaid waiver for persons who:
(1)
Are sixty-five (65) years of age or over;
(2)
Have no prescription drug coverage; and
(3)
Have incomes and resources at or below the income-qualified and resource-qualified Medicare beneficiary eligibility standards established by the department.
Acts 2001, No. 1658, § 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 14 - PRESCRIPTION DRUG ACCESS IMPROVEMENT ACT (§§ 20-77-1401 — 20-77-1405) › Section 20-77-1405 - Waiver application

Any waiver application submitted by the Department of Human Services shall include provisions for the department to:
(1)
(A)
Establish an income eligibility standard not to exceed:
(i)
Eighty percent (80%) of the federal poverty guideline for the period July 1, 2001, through June 30, 2002;
(ii)
Ninety percent (90%) of the federal poverty guideline for the period July 1, 2002, through June 30, 2003; and
(iii)
One hundred percent (100%) of the federal poverty guideline after June 30, 2003.
(B)
Postpone or abolish any increases to the income eligibility standards if program costs exceed projections or if adequate funding is unavailable;
(2)
Require qualified residents to pay an annual enrollment fee of twenty-five dollars ($25.00) during the biennium beginning July 1, 2001;
(3)
Have the authority to amend the qualified resident enrollment fee by rule beginning July 1, 2003, provided that qualified resident enrollment fee increases may not exceed fifteen percent (15%) during any state fiscal year;
(4)
Establish copayments of ten dollars ($10.00) for generic drugs and twenty dollars ($20.00) for name-brand drugs;
(5)
Determine eligibility for limited prescription drug benefits under the waiver;
(6)
Limit prescription drug benefits under the waiver to two (2) prescriptions per person per month; and
(7)
Provide limited prescription drug benefits only in accordance with an approved waiver from the Centers for Medicare & Medicaid Services.
Acts 2001, No. 1658, § 1.