Arkansas Administrative Code › Agency 006 - Department of Finance and Administration › Division 09 - Office of Accounting › Rule 006.09.22-001 - 006.09.4 Method of Distribution of American Rescue Plan Act Funds for COVID-10 Testing

Current through Register Vol. 49, No. 6, June, 2024
Findings Pursuant to Ark. Code Ann. §
										25-15-204(g)(2)(A)
				for Rule 006.09.4 Method of Distribution of American Rescue Plan Act Funds for
				COVID-19 Testing
The Department of Finance and Administration ("Department")
				finds that this emergency rule should become effective on January 14, 2022. The
				reason for the Department's finding is due to the imminent peril to the public
				health, safety, and welfare from the on-going COVID-19 pandemic because more
				availability of COVID-19 testing would be beneficial in mitigation of the
				virus. Additionally, Act 1115 of the 2021 Regular Session that charged the
				Department with promulgating this rule will become effective on January 14,
				2022.
Ark. Admin. Code 006.09.4. METHOD OF DISTRIBUTION OF AMERICAN
				RESCUE PLAN ACT FUNDS FOR COVID-19 TESTING.
Pursuant to the authority vested in the Secretary of the
				Department of Finance and Administration, by Ark. Code Ann. §§
								25-8-102(a)
				and 11-5-118(g) (Act 1115 of the 2021 Regular Session,
				93rd General Assembly), the Secretary of the
				Department of Finance and Administration, with the approval of the Governor,
				does hereby promulgate the following Rule.
1. Definitions.
(A) "American Rescue Plan Act" means the
			 American Rescue Plan Act of 2021,
			 Pub. L. No.
			 117-2.
(B) "Certify" means to attest affirmatively,
			 based on information and belief formed after reasonable inquiry, to the truth,
			 accuracy, and completeness, under penalty of perjury.
(C) "Claimant" means an employer or employee
			 that makes a claim for reimbursement of the cost of COVID-19 testing not
			 covered by an employee's health benefit plan.
(D) "COVID-19" means the respiratory illness
			 that is caused by the severe acute respiratory syndrome coronavirus 2
			 (SARS-CoV-2) and its variants.
(E)
			 "Disbursing Officer" means the Secretary of the Department of Finance and
			 Administration or the Secretary's designee.
(F) "Employee" means a person who is subject
			 to an employer-required or employer-mandated COVID-19 vaccination or
			 immunization, whose health benefit plan does not cover the cost of COVID-19
			 testing, and who wishes to continue employment by claiming an exemption under
			 one of the options of the specific exemption process provided for by Ark. Code
			 Ann. § 11-5-118 (Act 1115 of the 2021 Regular Session,
			 93rd General Assembly).
(G) "Employer" means an entity that requires
			 or is mandated to require vaccination or immunization for COVID-19 for the
			 entity's employees and is required to provide the exemption process under Ark.
			 Code Ann. § 11-5-118 (Act 1115 of the 2021 Regular Session,
			 93rd General Assembly).
(H) "State Fiscal Recovery Funds" means
			 federal funding authorized within the American Rescue Plan Act of 2021,
			 Pub. L. No.
			 117-2,
			 Section
			 602(b) of the Social Security Act as added by
			 section 9901 of the American Rescue Plan Act,
			 Pub. L. No.
			 117-2 (March 11, 2021). The Department of Finance
			 and Administration (the "Department") received these funds for distribution to
			 eligible projects on behalf of the State.