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 1 - GENERAL PROVISIONS (§§ 20-77-101 — 20-77-153) › Section 20-77-148 - Continuous glucose monitor - Definition

(a)
As used in this section, "continuous glucose monitor" means an instrument or device, including repair and replacement parts, that:
(1)
Is designed and offered for the purpose of aiding an individual with diabetes;
(2)
Measures glucose levels at set intervals by means of a small electrode placed under the skin and held in place by an adhesive; and
(3)
Is generally not useful to an individual who has not been diagnosed with diabetes.
(b)
The Arkansas Medicaid Program shall provide coverage for a continuous glucose monitor for the treatment of an individual if the individual has:
(1)
Either:
(A)
A presence of type 1 diabetes or any other type of diabetes with:
(i)
The use of insulin more than two (2) times daily; or
(ii)
Evidence of Level 2 or Level 3 hypoglycemia; or
(B)
Diagnosis of glycogen storage disease type 1a; and
(2)
Regular follow-up visits with a healthcare provider at a minimum of every six (6) months to assess for ongoing benefit of the continuous glucose monitor.
(c)
Coverage for a continuous glucose monitor under the Arkansas Medicaid Program shall allow the beneficiary to obtain a continuous glucose monitor through a prescription at a pharmacy and be eligible for rebates as a pharmacy benefit.
Added by Act 2023, No. 393,§ 2, eff. 8/1/2023.
Added by Act 2023, No. 205,§ 8, eff. 8/1/2023.
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 1 - GENERAL PROVISIONS (§§ 20-77-101 — 20-77-153) › Section 20-77-149 - Coverage for screening for behavioral health conditions and for behavioral health services

(a)
The Arkansas Medicaid Program shall reimburse for screening for behavioral health conditions and behavioral health services provided in:
(1)
A hospital outpatient clinic; or
(2)
A physician clinic.
(b)
The Department of Human Services shall apply for any federal waiver, Medicaid state plan amendment, or other authority necessary to implement this section.
(c)
Screening for behavioral health conditions and behavioral health services as described in subsection (a) of this section may be provided via telemedicine and reimbursed by the Arkansas Medicaid Program as required under §
20-77-141
.
(d)
Any prior authorization required for screening for behavioral health conditions and behavioral health services in another setting shall apply to screening for behavioral health conditions and behavioral health services provided as described in subsection (a) of this section.
Added by Act 2023, No. 494,§ 1, eff. 8/1/2023.
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 1 - GENERAL PROVISIONS (§§ 20-77-101 — 20-77-153) › Section 20-77-151 - Depression screening for pregnant women

(a)
The Arkansas Medicaid Program shall reimburse for depression screening of a pregnant woman.
(b)
The Department of Human Services shall apply for any federal waiver, Medicaid state plan amendments, or other authority necessary to implement this section.
Added by Act 2023, No. 562,§ 1, eff. 8/1/2023.
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 1 - GENERAL PROVISIONS (§§ 20-77-101 — 20-77-153) › Section 20-77-152 - Long-acting reversible contraception coverage - Legislative findings

(a)
The General Assembly finds that:
(1)
The Arkansas Medicaid Program currently covers long-acting reversible contraception;
(2)
Due to the payment model used by the program for coverage of pregnant women, healthcare providers have found that providing long-acting reversible contraception during postpartum is cost prohibitive; and
(3)
Action should be taken to ensure that healthcare providers can provide long-acting reversible contraception during postpartum.
(b)
(1)
The program shall reimburse a healthcare provider for providing long-acting reversible contraception immediately and during postpartum.
(2)
Reimbursement under subdivision (b)(1) of this section shall be in addition to the regular payments for services to pregnant women provided by a healthcare provider.
(c)
The Department of Human Services shall apply for any federal waiver, Medicaid state plan amendment, or other authorization necessary to implement this section.
Added by Act 2023, No. 581,§ 1, eff. 8/1/2023.
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 1 - GENERAL PROVISIONS (§§ 20-77-101 — 20-77-153) › Section 20-77-153 - Redetermination and transition of coverage for postpartum mothers

(a)
The Arkansas Medicaid Program shall redetermine eligibility for postpartum mothers receiving coverage under a Medicaid eligibility category within eight (8) weeks of giving birth and ensure the enrollment and transition of the postpartum mother into any available Medicaid eligibility category before the end of coverage under the existing Medicaid eligibility category.
(b)
The program shall ensure that the postpartum mother maintains coverage in her existing Medicaid eligibility category only until the transition of coverage is completed and verified by the Department of Human Services.
(c)
The department shall:
(1)
Apply for any federal waiver, Medicaid state plan amendment, or other authorization necessary to implement this section; and
(2)
Develop and implement any procedure, rule, or policy necessary to implement this section.
(d)
The department shall report quarterly to the Legislative Council on the number of transitions implemented under this section and any other data or statistics related to the implementation of this section.
Added by Act 2024, No. 161,§ 13, eff. 7/1/2024.
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 3 - THIRD-PARTY LIABILITY (§§ 20-77-301 — 20-77-315) › Section 20-77-301 - Action by Department of Human Services

(a)
(1)
When medical assistance benefits are provided or will be provided to a medical assistance recipient because of injury, disease, disability, or death for which a third party is or may be liable, the appropriate division of the Department of Human Services may recover from the person the cost of benefits so provided.
(2)
To enforce the right under subdivision (a)(1) of this section, the department may institute and prosecute legal proceedings against the third person who may be liable.
(b)
(1)
An action taken on behalf of the division under this section or any judgment rendered in the action shall not be a bar to any action upon the claim or cause of action of the recipient, his or her guardian, personal representative, estate, or survivors against the third party who is or may be liable for the injury.
(2)
An action under this section does not deny to the recipient the recovery for that portion of any damages not covered hereunder.
(c)
(1)
The department may recover from a third party the cost of benefits for medical care provided to indigent persons from third persons, another program administered by the department, or a program administered through another department or agency of state government.
(2)
The department shall remit to other departments or agencies of state government any amounts recovered, less its pro rata share and costs of collection, for care provided by them.
(d)
(1)
In actions in tort hereunder, no contributory or comparative fault of a recipient shall be attributed to the state, nor shall any restitution awarded to the state be denied or reduced by any amount or percentage of fault attributed to a recipient.
(2)
Notwithstanding subdivision (d)(1) of this section, if the recipient used a device, machine, or product after being warned, either verbally or in writing, that the use, misuse, or improper operation of the device, machine, or product was dangerous, risky, or could result in injury or harm to the recipient, then the statutory or common law defenses of contributory or comparative fault or negligence that could be asserted by the defendant against the recipient may also be asserted by the defendant in any action by the department or other agency of state government, and if the defenses are supported by the evidence, then recovery may be denied or reduced in the same manner as if the recipient were the plaintiff.
Acts 1979, No. 419, § 1; A.S.A. 1947, § 83-171; Acts 1992 (1st Ex. Sess.), No. 54, § 1; 1993, No. 1225, § 1; 2011, No. 625, § 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 3 - THIRD-PARTY LIABILITY (§§ 20-77-301 — 20-77-315) › Section 20-77-302 - Action by recipient alone - Reimbursement of division

(a)
When an action or claim is brought by a medical assistance recipient or his or her legal representative against a third party who may be liable for injury, disease, disability, or death of a medical assistance recipient, any settlement, judgment, or award obtained is subject to the division's claim for reimbursement of the benefits provided to the recipient under the medical assistance program.
(b)
In the event of judgment or award in a suit or claim against a third party, if the action or claim is prosecuted by the recipient alone, the court or agency shall first order paid from any judgment or award the reasonable litigation expenses and attorney's fees. After the payment of these expenses and attorney's fees, the court or agency shall order that the Department of Human Services receive an amount sufficient to reimburse the department the full amount of benefits paid on behalf of the recipient under the medical assistance program. The remainder shall be awarded to the medical assistance recipient.
Acts 1979, No. 419, § 2; 1981, No. 500, §§ 1, 2; A.S.A. 1947, § 83-171.1; Acts 1987, No. 463, § 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 3 - THIRD-PARTY LIABILITY (§§ 20-77-301 — 20-77-315) › Section 20-77-303 - Action by division and recipient

(a)
If an action is prosecuted both by the medical assistance recipient and the division against a third party who is or may be liable for injury, disease, disability, or death of the medical assistance recipient, then in the event of judgment or award in a suit or claim against the third party, the court shall first order paid from any judgment or award the reasonable litigation expenses incurred in prosecution of the action or claim, together with reasonable attorney's fees based solely on the services rendered for the benefit of the recipient.
(b)
After payment of expenses and attorney's fees, the court shall order that the division receive an amount sufficient to reimburse the division the full amount of benefits paid on behalf of the recipient under the medical assistance program.
(c)
The remainder shall be awarded to the medical assistance recipient.
Acts 1979, No. 419, § 3; A.S.A. 1947, § 83-171.2; Acts 2011, No. 625, § 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 3 - THIRD-PARTY LIABILITY (§§ 20-77-301 — 20-77-315) › Section 20-77-304 - Notice of action or claim - Intervention or consolidation

(a)
(1)
If either the medical assistance recipient or the appropriate division brings an action or claim against a third party, the recipient or Department of Human Services shall give to the other party written notice of the action or claim by personal service or registered mail within thirty (30) days of filing the action.
(2)
This notice shall contain the names of the third party and the court in which the action is brought.
(3)
Proof of the notice shall be filed in the action.
(4)
If an action or claim is brought by either the department or the medical assistance recipient, the other may become a party to the action, at any time before trial on the facts, or shall consolidate his or her action or claim with the other if brought independently, at any time before trial on the facts.
(b)
(1)
If the recipient, his or her guardian, personal representative, estate, or survivors bring an action against the third party who may be liable for injury, disease, or disability, then notice of institution of the legal proceedings and notice of settlement shall be given to the Secretary of the Department of Human Services.
(2)
All notices shall be given by the attorney retained to assert the medical assistance recipient's claim or by the medical assistance recipient, his or her guardian, personal representative, estate, or survivors if an attorney is not retained.
Amended by Act 2019, No. 910,§ 5222, eff. 7/1/2019.
Acts 1979, No. 419, § 4; A.S.A. 1947, § 83-171.3; Acts 1987, No. 463, § 2; 2011, No. 625, § 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 3 - THIRD-PARTY LIABILITY (§§ 20-77-301 — 20-77-315) › Section 20-77-305 - Notice to Department of Human Services of award or settlement by recipient required

(a)
A judgment, an award, or a settlement in any action or claim by a medical assistance recipient to recover damages for injuries, disease, disability, or death in which the Department of Human Services has an interest, shall not be satisfied without first giving the department notice and a reasonable opportunity to establish its interest.
(b)
If a recipient, his or her guardian, attorney, or personal representative disposes of the funds that are to be held for the benefit of the department under this section without the written approval of the department, that person shall be liable to the department for any amount that, as a result of the disposition of the funds, is not recoverable by the department.
(c)
In addition to the amount of the department's claim, a recipient, his or her guardian, attorney, or personal representative who knowingly fails to obtain written approval from the department before disposing of funds under this section is liable to the department for:
(1)
A penalty equal to ten percent (10%) of the amount of the department's claim; and
(2)
Reasonable costs and attorney's fees.
Acts 1979, No. 419, § 5; 1981, No. 500, § 3; A.S.A. 1947, § 83-171.4; Acts 1987, No. 463, § 3; 2009, No. 710, § 1; 2011, No. 625, § 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 3 - THIRD-PARTY LIABILITY (§§ 20-77-301 — 20-77-315) › Section 20-77-307 - Assignment to Department of Human Services of rights of recovery

(a)
As a condition of eligibility, every Medicaid applicant shall automatically assign his or her right to any settlement, judgment, or award which may be obtained against any third party to the Department of Human Services to the full extent of any amount which may be paid by Medicaid for the benefit of the applicant.
(b)
The application for Medicaid benefits shall, in itself, constitute an assignment by operation of law.
(c)
The assignment shall be considered a statutory lien on any settlement, judgment, or award received by the recipient from a third party.
(d)
Every Medicaid applicant, as a condition of eligibility, shall cooperate in establishing paternity, except for good cause shown, for a child born out of wedlock for whom the recipient can legally assign rights, in obtaining medical care, support, and payments for himself or herself or any other person for whom the individual can legally assign rights, and in identifying and providing information to assist the department and the Office of Child Support Enforcement in pursuing any liable third party.
Acts 1981, No. 500, § 5; A.S.A. 1947, § 83-171.6; Acts 1987, No. 463, § 5; 1993, No. 1242, § 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 3 - THIRD-PARTY LIABILITY (§§ 20-77-301 — 20-77-315) › Section 20-77-308 - Release of information to Department of Human Services

All recipients of medical assistance under the Arkansas Medicaid Program shall be deemed to have authorized all third parties including, but not limited to, insurance companies and providers of medical care to release to the Department of Human Services information needed by the department to secure or enforce its rights as assignee under §
20-77-306
.
Acts 1981, No. 500, § 6; A.S.A. 1947, § 83-171.7; Acts 1987, No. 463, § 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 3 - THIRD-PARTY LIABILITY (§§ 20-77-301 — 20-77-315) › Section 20-77-309 - Denial or reduction of benefits - Insurance policies

No policy of accident or illness insurance issued or renewed after July 1, 1981, shall contain any provision denying or reducing benefits because services are rendered to an insured or dependent who is eligible for medical assistance under the Arkansas Medicaid Program.
Acts 1981, No. 500, § 7; A.S.A. 1947, § 83-171.8.
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 3 - THIRD-PARTY LIABILITY (§§ 20-77-301 — 20-77-315) › Section 20-77-310 - Denial or reduction of benefits - Service plan corporation contracts

After July 1, 1981, no service plan corporation shall deliver, issue for delivery, or renew any subscriber's contract which contains any provision denying or reducing benefits because services are rendered to a subscriber or dependent who is eligible for medical assistance under the Arkansas Medicaid Program.
Acts 1981, No. 500, § 8; A.S.A. 1947, § 83-171.9.
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 3 - THIRD-PARTY LIABILITY (§§ 20-77-301 — 20-77-315) › Section 20-77-311 - Denial or reduction of benefits - Healthcare providers

After July 1, 1981, no association authorized to do business in this state which provides or pays for any healthcare benefits shall issue any certificate which contains any provision denying or reducing benefits because services are rendered to a certificate holder or beneficiary who is eligible for medical assistance under the Arkansas Medicaid Program.
Acts 1981, No. 500, § 9; A.S.A. 1947, § 83-171.10.
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 3 - THIRD-PARTY LIABILITY (§§ 20-77-301 — 20-77-315) › Section 20-77-312 - Denial or reduction of benefits - Provisions not applicable to Arkansas Medicaid Program

General exclusion or reduction provisions relating to benefits paid by or eligibility under governmental programs, whether state or federal, shall not be construed to apply to the Arkansas Medicaid Program.
Acts 1981, No. 500, § 10; A.S.A. 1947, § 83-171.11.
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 3 - THIRD-PARTY LIABILITY (§§ 20-77-301 — 20-77-315) › Section 20-77-313 - Billing statements

Billing statements forwarded to recipients of medical assistance by vendors of medical care shall clearly state that reimbursement from the Arkansas Medicaid Program is contemplated.
Acts 1981, No. 500, § 11; A.S.A. 1947, § 83-171.12.
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 3 - THIRD-PARTY LIABILITY (§§ 20-77-301 — 20-77-315) › Section 20-77-314 - Definitions

As used in this subchapter:
(1)
"Action" or "claim" means a complaint, demand letter, or any other notification given to a third party by the Department of Human Services, the medical assistance recipient, the recipient's attorney, or any person acting on behalf of the recipient that the department or the medical assistance recipient requests payment from a third party for damages to the medical assistance recipient for injury, disease, disability, or death for which a third party is or may be liable;
(2)
(A)
"Medical assistance recipient" means any person, including a minor, on whose behalf the department has paid medical assistance payments due to injury, disease, or disability.
(B)
"Medical assistance recipient" includes a party acting on behalf of the medical assistance recipient, such as a parent, guardian, conservator, other personal representative, estate, or survivor; and
(3)
"Third party" means an individual, entity, or a program that is or may be liable to pay all or part of the expenditures for medical assistance payments made by the department.
Acts 2011, No. 630, § 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 3 - THIRD-PARTY LIABILITY (§§ 20-77-301 — 20-77-315) › Section 20-77-315 - Distribution of proceeds from third-party settlement, judgment, or award or from other third-party payment

(a)
The Department of Human Services is entitled to reimbursement for past medical assistance payments from that portion of a third-party settlement, judgment, or award or from any other third-party payment that compensates for the medical expenses.
(b)
The department is entitled to receive the full amount of its medical assistance claim under this subchapter unless the portion of the third-party settlement, judgment, or award or other third-party payment that compensates for the medical expenses is less than the full amount of the department's medical assistance claim.
(c)
The department's claim for medical assistance payments under this subchapter has priority over any claim by a medical care provider.
(d)
The department's rights under this subchapter are not extinguished by any right possessed, asserted or not asserted, by a medical assistance recipient or other person.
Amended by Act 2013, No. 1132,§ 49, eff. 8/16/2013.
Acts 2011, No. 746, § 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 4 - PRESCRIPTION DRUGS (§§ 20-77-401 — 20-77-407) › Section 20-77-401 - Purpose

The purpose of this subchapter is to allow for the continued operation of a prescription drug program as a portion of the Title XIX Medicaid Program for the State of Arkansas.
Acts 1983, No. 518, § 1; A.S.A. 1947, § 83-174.
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 4 - PRESCRIPTION DRUGS (§§ 20-77-401 — 20-77-407) › Section 20-77-402 - Continuation of program

(a)
The Secretary of the Department of Human Services and the deputy director of the appropriate division of the Department of Human Services are authorized to provide for continued coverage of prescription drugs under the Title XIX Medicaid Program for the State of Arkansas.
(b)
The secretary and deputy director are authorized to establish necessary program guidelines to control the provision of this service, provided that the guidelines are not in conflict with any federal or state law or regulation.
Amended by Act 2019, No. 910,§ 5223, eff. 7/1/2019.
Acts 1983, No. 518, § 2; A.S.A. 1947, § 83-174.1.
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 4 - PRESCRIPTION DRUGS (§§ 20-77-401 — 20-77-407) › Section 20-77-403 - Fees paid to participating pharmacists

(a)
The Secretary of the Department of Human Services and the deputy director shall pay each participating pharmacist for each prescription filled under this program the pharmacist's usual and customary charge to the general public for the drug.
(b)
However, until existing federal regulations limiting reimbursement for a drug to the lower of the pharmacist's usual and customary charge, or cost of the drug plus a reasonable dispensing fee, are modified or declared invalid by a court, the secretary and the deputy director shall pay for each prescription, the lower of:
(1)
The pharmacist's usual and customary charge to the general public for the drug; or
(2)
The pharmacist's cost of the drug plus a dispensing fee. The fee will be adjusted annually on July 1 of each year by the percentage change in the Consumer Price Index, except that on any July 1 immediately following a subsequent cost-of-dispensing survey conducted by the appropriate division of the Department of Human Services, the fee will be adjusted using the formula used by the secretary and the deputy director to determine the July 1, 1980, fee or other such formula as may be developed subsequently by the secretary and the deputy director with the approval of the Legislative Council.
(c)
In addition to the amounts paid under subdivisions (b)(1) and (2) of this section, at such time as federal regulations shall permit, the pharmacist will also be paid any additional direct and indirect costs which are generated by participation in the Title XIX Medicaid Program. The new additional costs will be paid by the state.
Amended by Act 2019, No. 910,§ 5224, eff. 7/1/2019.
Acts 1983, No. 518, § 3; A.S.A. 1947, § 83-174.2.
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 4 - PRESCRIPTION DRUGS (§§ 20-77-401 — 20-77-407) › Section 20-77-404 - Approval from United States Department of Health and Human Services

(a)
The Secretary of the Department of Human Services and the deputy director are directed to seek approval by the United States Department of Health and Human Services of the provisions of this subchapter so as to qualify this program for maximum contributions from the United States Department of Health and Human Services under its regulations until those regulations are declared invalid or modified.
(b)
If, and to the extent that, the United States Department of Health and Human Services hereafter makes any valid rule that any provision of this subchapter disqualifies this program for the maximum contribution, the secretary and the deputy director are directed to comply with any ruling to the extent necessary to qualify for the maximum contribution.
Amended by Act 2019, No. 910,§ 5225, eff. 7/1/2019.
Acts 1983, No. 518, § 4; A.S.A. 1947, § 83-174.3.
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 4 - PRESCRIPTION DRUGS (§§ 20-77-401 — 20-77-407) › Section 20-77-405 - Preference for generic drugs

Drugs dispensed under the Arkansas Medicaid Program provided for in this subchapter shall, so far as possible, be prescribed and dispensed as generic drugs.
Acts 1983, No. 518, § 5; A.S.A. 1947, § 83-174.4.
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 4 - PRESCRIPTION DRUGS (§§ 20-77-401 — 20-77-407) › Section 20-77-406 - Prescription limits

(a)
The Arkansas Medicaid Program shall allow an adult beneficiary to have six (6) prescriptions per month.
(b)
Prescriptions issued under the program shall be renewed at time intervals consistent with and no stricter than state and federal laws.
(c)
The program shall not count a medication for any of the following conditions or treatments towards the prescription benefit cap for an adult Medicaid beneficiary per month:
(1)
High blood pressure;
(2)
Hypercholesteriolemia;
(3)
Blood modifiers;
(4)
Diabetes; or
(5)
Inhalers to treat respiratory illness.
(d)
On or before January 1, 2022, the Department of Human Services shall submit and apply for any federal waivers, Medicaid state plan amendments, or other authority necessary to implement this section.
(e)
Quarterly, the department shall report on the progress and implementation of this section to:
(1)
The Senate Committee on Public Health, Welfare, and Labor; and
(2)
The House Committee on Public Health, Welfare, and Labor.
Added by Act 2021, No. 758,§ 1, 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 4 - PRESCRIPTION DRUGS (§§ 20-77-401 — 20-77-407) › Section 20-77-407 - Pharmaceutical dispensing fee survey

(a)
No more than two (2) years before making any changes to the current pharmaceutical dispensing fee, the Department of Human Services shall conduct an independent survey utilizing generally accepted accounting principles to determine the cost of dispensing a prescription by pharmacists in Arkansas.
(b)
(1)
Only factors relative to the cost of dispensing shall be surveyed under subsection (a) of this section.
(2)
The factors surveyed under subsection (a) of this section shall not include actual acquisition costs, average profit, or any combination of actual acquisition costs or average profit.
(c)
(1)
The survey results obtained under this section shall be the basis for establishing the dispensing fee paid to participating pharmacies in the Medicaid prescription drug program in accordance with federal requirements.
(2)
The dispensing fee shall be no lower than the cost of dispensing as determined by the survey conducted under this section.
(d)
This section does not prohibit the department from increasing the dispensing fee at any time.
Added by Act 2023, No. 865,§ 8, eff. 7/1/2023.
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 5 - EYE CARE (§§ 20-77-501 — 20-77-508) › Section 20-77-501 - Definition

For the purpose of this subchapter, unless the context otherwise requires, the term "ocular practitioner" shall include all persons licensed under the Arkansas Medical Practices Act, §
17-95-201
et seq., §
17-95-301
et seq., and §
17-95-401
et seq., and all persons licensed under the Arkansas Optometry Practices Act, §
17-90-101
et seq., and none other.
Acts 1973, No. 10, § 3; A.S.A. 1947, § 83-1003.
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 5 - EYE CARE (§§ 20-77-501 — 20-77-508) › Section 20-77-502 - Applicability

(a)
Nothing in this subchapter shall apply to any person who personally takes, carries, or transports a person with an injured or cut eye due to a current accidental injury or current trauma to any physician or surgeon licensed under the Arkansas Medical Practices Act, §
17-95-201
et seq., §
17-95-301
et seq., and §
17-95-401
et seq., in an emergency, or personally calls any physician or surgeon on behalf of that person in an emergency.
(b)
Nothing in this subchapter shall apply to any person licensed under the Arkansas Medical Practices Act, §
17-95-201
et seq., §
17-95-301
et seq., and §
17-95-401
et seq., or the Arkansas Optometry Practices Act, §
17-90-101
et seq., when that person is engaged in the practice of medicine as defined in §
17-95-202
or engaged in the practice of optometry as defined in §
17-90-101
.
Acts 1973, No. 10, §§ 7, 8; A.S.A. 1947, §§ 83-1007, 83-1008.
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 5 - EYE CARE (§§ 20-77-501 — 20-77-508) › Section 20-77-503 - Practice of optometry not affected

Nothing in this subchapter shall be construed to enlarge or diminish the practice of optometry as defined by law in §
17-90-101
.
Acts 1973, No. 10, § 9; A.S.A. 1947, § 83-1009.
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 5 - EYE CARE (§§ 20-77-501 — 20-77-508) › Section 20-77-504 - Penalty

(a)
Any person violating this subchapter shall be guilty of a violation and upon conviction shall be fined in any sum not less than ten dollars ($10.00) nor more than twenty-five dollars ($25.00).
(b)
Each violation shall constitute a separate offense and shall be punishable as such.
Acts 1973, No. 10, § 5; A.S.A. 1947, § 83-1005; Acts 2005, No. 1994, § 139.
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 5 - EYE CARE (§§ 20-77-501 — 20-77-508) › Section 20-77-505 - Injunctions

(a)
The circuit courts of this state having general equity jurisdiction are vested with jurisdiction and power to enjoin any violation of this subchapter by complaint by any resident or state board of this state in the county in which the alleged violation of this subchapter occurred, in the county where the plaintiff resides, in which the defendant resides or, if there is more than one (1) defendant, in the county in which any defendant resides.
(b)
The issuance of an injunction shall not relieve a person from criminal prosecution for violation of the provisions of this subchapter, but the remedy of injunction shall be in addition to liability to criminal prosecution, it being the intention to provide a speedy remedy against violations in the interest of public health.
Acts 1973, No. 10, § 6; A.S.A. 1947, § 83-1006.
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 5 - EYE CARE (§§ 20-77-501 — 20-77-508) › Section 20-77-506 - Right of freedom of choice

(a)
Every person eligible for an eye examination, the payment for which shall or may be made out of public money, is guaranteed his or her freedom of choice between persons licensed under the laws governing the practice of optometry, §
17-90-101
et seq., and persons licensed under the Arkansas Medical Practices Act, §
17-95-201
et seq., §
17-95-301
et seq., and §
17-95-401
et seq.
(b)
Every person eligible for an ear examination the payment for which shall or may be made out of public money is guaranteed his or her freedom of choice between persons licensed under the Licensure Act of Speech-Language Pathologists and Audiologists, §
17-100-101
et seq., or persons licensed under the Arkansas Medical Practices Act, §
17-95-201
et seq., §
17-95-301
et seq., and §
17-95-401
et seq.
Acts 1973, No. 10, § 1; A.S.A. 1947, § 83-1001; Acts 2003, No. 1455, § 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 5 - EYE CARE (§§ 20-77-501 — 20-77-508) › Section 20-77-507 - List of ocular practitioners

(a)
When expending public money for any purpose involving human eye examinations or the care of vision or examinations for the correction or relief of any visual or muscular anomaly of the eye, any state board, agency, commission, department, or political subdivision, or any employee or member thereof, created or existing under the Arkansas Constitution or by act of the General Assembly, including public schools or other state agencies and their employees or any governmental employees who, in the performance of duty, are responsible for such expenditures, when informing a person eligible for an eye examination or a vision examination or for an examination for the correction of any visual or muscular anomaly of the eye, shall under no circumstances give, tell, or inform the eligible person by direct or indirect reference or suggestion, the name, address, or classification of any ocular practitioner, except that the eligible person shall be furnished one (1) printed list only of all ocular practitioners, with the office address of each, practicing within the State of Arkansas.
(b)
The list shall be broken down by counties and shall list ocular practitioners in alphabetical order by county and shall show the county in which the ocular practitioner designates that he or she maintains his or her principal office.
(c)
The name of the ocular practitioner shall appear only one (1) time on the list and shall show only his or her name, principal office address, and the classification or designation M.D. or O.D. or D.O., as the case may be, after each name and nothing else.
(d)
(1)
It shall be the duty of the Department of Human Services or its successors to prepare and revise the list from time to time but not less often than each six (6) months.
(2)
The revised list shall be filed with the Secretary of State on March 31 and September 30 of each year.
(3)
No public employee shall furnish any list or inform any person who is eligible for public money by direct or indirect reference or suggestion the name, address, or classification of any ocular practitioner until the list is on file with the Secretary of State and then only in accordance with the provisions of this subchapter.
(e)
The list shall show only the names of those ocular practitioners who request the department to place his or her name upon the list. Once the name of the ocular practitioner is upon this list, no further request from the ocular practitioner shall be necessary. The name of any ocular practitioner shall be removed from the list upon his or her written request to the department.
(f)
The eligible person shall be free to choose any ocular practitioner from the list regardless of the person's place of residence or the location of the office of the ocular practitioner.
Acts 1973, No. 10, § 2; A.S.A. 1947, § 83-1002.
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 5 - EYE CARE (§§ 20-77-501 — 20-77-508) › Section 20-77-508 - Recommendation of individual practitioner unlawful and nuisance

The recommendation or naming of any particular ocular practitioner or group of ocular practitioners, professional association or firm, corporation, or association by any state employee or member of any state board, commission, department, political subdivision, or public school employee engaged in the expenditure of public money for eye examinations or vision examinations is declared to be an unlawful act and a public nuisance.
Acts 1973, No. 10, § 4; A.S.A. 1947, § 83-1004.
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 20-77-701 - Legislative intent

It is the intent of the General Assembly to provide a method of assisting those persons within the state who as a result of personal injury, disability, or other medical condition are in need of supplemental benefits to improve or maintain reasonable quality-of-life standards. To this end, it is the further intent of the General Assembly to provide benefits in the amount of expenses actually incurred to satisfy those special needs. Furthermore, the cotrustees of the Special Needs Trust Revolving Fund shall have, in addition to those powers and duties set forth in this subchapter, all powers and duties authorized, imposed, or conferred by law upon cotrustees of the fund.
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 20-77-703 - Creation of Special Needs Trust Revolving Fund

(a)
There is created in the State Treasury a revolving fund to be designated the "Special Needs Trust Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of:
(1)
All moneys received from those individuals who desire to establish or maintain eligibility for benefits under the medical assistance program but who possess income or resources, including funds recovered from third parties, in excess of the established federal eligibility requirements, and the consideration for divestiture of income and resources shall be presumed to be for adequate and fair compensation; and
(2)
All moneys received by the cotrustees of the Special Needs Trust Revolving Fund from any other source, including moneys received from any state, federal, or private source.
(b)
All interest earned as a result of investing moneys in the fund shall be paid into the fund and not into the general revenues of this state. All moneys accruing to the credit of the fund are appropriated and may be budgeted and expended by cotrustees for the purpose of implementing the provisions of this subchapter. If the cotrustees do not agree about the payment of any benefit or benefits, the determination of the Department of Human Services shall be binding.
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 20-77-704 - Payment of trust funds

(a)
The cotrustees of the Special Needs Trust Revolving Fund are hereby given complete discretion as to the expenditure of principal and income of the Special Needs Trust Revolving Fund for the purposes set forth in this subchapter, not to exceed all of the income earned by the fund annually and no more than ten percent (10%) of the principal of the fund. All income not expended annually shall become a part of and be added to the principal of the fund. The expenditures from the fund shall be subject to §
20-77-705
and shall have the following priorities:
(1)
Each claimant who is also a contributing beneficiary shall be deemed to have priority as to distribution of his or her share of the principal and the income earned by his or her share of the fund; and
(2)
Any of the share of principal or income of the contributing beneficiary not expended for the contributing beneficiary plus all expenditure of principal and income as allowed above which are not designated for any contributing beneficiary may be expended for any other claimant.
(b)
(1)
The cotrustees shall keep a current account balance for each contributing beneficiary's fund, with the balance to be reduced by all expenditures for that contributing beneficiary whether out of the fund or from any collateral source until the balance reaches zero dollars ($0.00).
(2)
Should the contributing beneficiary die before his or her balance reaching zero dollars ($0.00), the balance shall be paid to the estate of the deceased contributing beneficiary.
(c)
When a contributing beneficiary's account balance as described in subsection (b) of this section reaches zero dollars ($0.00), the contributing beneficiary shall be treated as any other claimant for purposes of receiving benefits from this fund. In addition to the annual accounting as required by §
20-77-108
, the cotrustees shall notify a contributing beneficiary when his or her account balance reaches zero dollars ($0.00).
(d)
A benefit shall not be subject to execution, attachment, garnishment, or other process, except that benefits for allowable expenses shall not be exempt from a creditor to the extent that the creditor has provided products, services, or accommodations, the costs of which are included in the benefit.
(e)
An assignment by the claimant to any future benefit under the provisions of this subchapter is unenforceable, except an assignment of any benefit for allowable expense to the extent that the benefits are for the cost of products, services, or accommodations necessitated by the injury or disability on which the claim is based and are provided or are to be provided by the assignee.
Acts 1993, No. 1228, § 1.