Arkansas Administrative Code › Agency 016 - DEPARTMENT OF HUMAN SERVICES › Division 20 - Division of County Operations › Rule 016.20.10-004 - Policy 1348 - Inmates of Public Institutions

Current through Register Vol. 49, No. 6, June, 2024
1348
Inmates of Public
			 Institutions
An inmate of a public institution is not eligible for a
				Medicaid payment.
Exception:
An inmate in the custody of the
				Arkansas Department of Corrections or the Department of Community Corrections
				who has been admitted and received treatment at an inpatient facility may be
				eligible for a Medicaid payment provided all eligibility requirements are met.
				Income, resource and categorical eligibility will be determined in accordance
				with MS 3310, MS 12000 and MS 16000.
Public institution means an institution that is the
				responsibility of a governmental unit or over which a governmental unit
				exercises administrative control.
"Public Institutions" include:
1. Institutions for the mental diseases which
			 are hospitals, nursing facilities, or other institutions of more than 16 beds
			 that are primarily engaged in providing diagnosis, treatment or care of persons
			 with mental diseases.
2.
			 Institutions for tuberculosis, which are primarily engaged in providing
			 diagnosis, treatment, or care of persons with tuberculosis.
3. Correctional or holding facilities for
			 individuals, who are prisoners, arrested or detained pending disposition of
			 charges, or are being held under court order as material witnesses or
			 juveniles. Correctional facilities include prisons, jails, juvenile detention
			 centers and other facilities operated primarily for the detention of children
			 who are determined to be delinquent. Wilderness camps and boot camps are
			 considered public institutions if a governmental unit has any degree of
			 administrative control.
If an individual in a public institution must be temporarily
				transferred to a medical treatment or evaluation facility, or if he/she is
				given temporary furlough, the individual is still considered to be under
				custody of the penal system and is not eligible for a Medicaid payment
(See above Exception).
An individual will be considered in a public institution until
				the indictment against the individual is dismissed or until he/she is released
				from custody either as "not guilty" or for some other reason (bail, parole,
				pardon, suspended sentence, home release program, probation,
				etc.).
"Public institutions"
do not
include:
1. Inpatient
			 psychiatric facilities for individuals under age 21 (22 if an inpatient on the
			 21st birthday) and over age 65.
2. Medical Institutions which are organized
			 to provide medical, nursing and convalescent care, which have the professional
			 staff, equipment and facilities to manage the medical, nursing and other health
			 needs of patients in accordance with accepted standards, and which are
			 authorized under State law to provide medical care. Medical institutions
			 include hospitals and nursing facilities.
3. Intermediate care facilities for the
			 mentally retarded which meet the standards under
			 42 CFR
			 483.440(a) for providing
			 active treatment for persons with mental retardation or for persons with
			 related conditions.
4. Child-care
			 institutions which are private, non private or public that accommodate no more
			 than twenty-five children and are licensed by the State or approved by the
			 State agency responsible for licensing or approval of such
			 institutions.
5. Therapeutic Group
			 Homes, Residential Treatment facilities, Emergency Shelters and Therapeutic
			 Foster Homes which meet facility and staffing requirements of the Minimum
			 Licensing Standards for Child Welfare Agencies published by the Child Welfare
			 Agency Review Board.
6. Publically
			 operated community residences that serve no more than 16 residents are
			 facilities that provide some services beyond food and shelter such as social
			 services, help with personal living activities, or training in socialization
			 and life skills. They cannot be on the grounds of or immediately adjacent to
			 any large institution or multiple purpose complexes such as educational or
			 vocational training institutions, correctional or holding facilities, or
			 hospitals, nursing facilities or intermediate care facilities for the mentally
			 retarded.