Arkansas Administrative Code

20 CAR § 505-506. Federal Hatch Act. While employees of private nonprofit organizations are not generally subject to the Federal Hatch Act, certain employees of private nonprofit community action agencies are because of the receipt of Community Services Block Grant funds.

20 CAR § 505-507. Codes of conduct. (a) Eligible entities must maintain written standards of conduct governing the performance of its board members and employees engaged in the award and administration of contracts. (b) No employee, officer, or agent shall participate in the sele…

20 CAR § 505-508. Nondiscrimination. The Community Services Block Grant subrecipient is prohibited from discrimination based on: (1) Race; (2) Color; (3) Religion; (4) Sex; (5) Age; (6) National origin; or (7) Disability.…

20 CAR § 505-509. Financial management. (a) Bonding and insurance. (1) Each entity is required to have a current fidelity bond providing coverage at a minimum ten percent (10%) of any funds received from the Office of Program Planning and Community Grant Services of the Division …

20 CAR § 505-510. Carryover funds. (a) Eligible entities will be allowed to reprogram Community Services Block Grant funds from their annual Community Services Block Grant budget. (b) Carryover funds must be obligated, expensed, and invoiced by the end date of the federal award t…

20 CAR § 505-511. Agency annual audit. (a) The Office of Program Planning and Community Grant Services of the Division of County Operations requires the eligible entities to follow the guidelines outlined in 2 C.F.R. pt. 200, subpt. F, Audit Requirements. (b) In addition to the 2…

20 CAR § 505-512. Disallowed costs. (a)(1) In those instances in which a subrecipient cannot document the allowability of certain cited questioned costs that will meet the applicable federal or state laws, rules, regulations, or policies, the state lead agency will have no recour…

20 CAR § 505-513. Debt collection. (a)(1) The debt collection process begins with the state lead agency’s letter to the affected subrecipient and establishes the debt owed to the state lead agency because of costs that were disallowed during the audit resolution process. (2) The …

20 CAR § 505-514. Purchase or permanent improvement of real property. The use of Community Services Block Grant funds is prohibited for the purchase or improvement of land, or the purchase, construction, or permanent improvement, other than low-cost residential weatherization or …

20 CAR § 505-515. Termination of the agreement, reduction, or suspension of funding. If the state lead agency elects to terminate, reduce, or suspend funding to the subrecipient, it shall do so in accordance with the provisions of United States Department of Health and Human Serv…

20 CAR § 505-516. Hearing on appeal. (a) Prior to the suspension of funds or termination of the grant agreement for noncompliance with grant conditions, the subrecipient shall be granted a hearing by the state lead agency upon written request made by the subrecipient within ten (…

20 CAR § 505-601. Income eligibility. (a) To be eligible for Community Services Block Grant services or benefits, clients must be at or below the set percentage of the federal poverty line as determined by the federal Office of Management and Budget based on the most recent feder…

20 CAR § 505-602. Definition of family. (a) Neither the United States Department of Health and Human Services poverty guidelines, the federal Community Services Block Grant Act, 42 U.S.C. § 9901 et seq., nor applicable United States Department of Health and Human Services regulat…

20 CAR § 505-603. Income. (a) Neither the United States Department of Health and Human Services poverty guidelines, the federal Community Services Block Grant Act, 42 U.S.C. § 9901 et seq., nor applicable United States Department of Health and Human Services regulations define th…

20 CAR § 505-604. Income determination period. (a) Neither the United States Department of Health and Human Services poverty guidelines, the federal Community Services Block Grant Act, 42 U.S.C. § 9901 et seq., nor applicable United States Department of Health and Human Services …

20 CAR § 505-605. Redetermination. (a) After initial determination, the income level of a client receiving ongoing services should be redetermined at least annually and should be reviewed any time the eligible entity becomes aware of a significant income-changing event or circums…

20 CAR § 505-606. Income documentation. (a) Neither the Community Services Block Grant Act, 42 U.S.C. § 9901 et seq., nor applicable United States Department of Health and Human Services regulations specify the type of income documentation that eligible entities should review in …

20 CAR § 505-607. Third-party verification. (a) When appropriate, in cases in which no documentation regarding the income eligibility of the applicant has been received by the eligible entity, or when it is either more efficient or reliable to do so rather than to search for elig…

20 CAR § 505-608. Documenting eligibility determination. (a) At a minimum, an eligible entity should retain documentation that is sufficient to demonstrate that, where an individualized determination of income was required, a staff member has screened the applicants for income el…

20 CAR § 505-609. Special eligibility determination circumstances. (a) There are certain circumstances where individualized determination of income eligibility may not be required: (1) Services provided on a group basis. (A)(i) Services are provided on a group, rather than indivi…

20 CAR § 530-101. Policy. (a) This part replaces existing policies in order to clarify that admission and continued residence at human development centers is limited to eligible individuals who need and can benefit from care and active treatment at an intermediate care facility f…

20 CAR § 530-102. Definitions. As used in this part: (1) “Active treatment” means a continuous program of aggressive, consistent, specialized and generic training, treatment, health services, and related services described in 42 C.F.R. § 483.440(a); (2) “Adverse determination” me…

20 CAR § 530-104. Categorically qualifying diagnoses. (a)(1)(A) “Developmental disability” means an impairment of general intellectual functioning or adaptive behavior. (B) For individuals over age five (5), developmental disability is established by scores of intelligence on sta…

20 CAR § 530-105. Eligibility for human development center admission. (a) In order to be eligible for admission, the individual must be: (1) Eligible for developmental disabilities services; (2) In need of and able to benefit from active treatment; and (3) Unable to access approp…

20 CAR § 530-106. Criteria for discharge from human development center. (a) Consideration for a discharge may be given upon the recommendation of the: (1) Individual’s interdisciplinary team; or (2) Office of Long-Term Care Inspection of Care Team. (b) Discharge will be given upo…

20 CAR § 530-107. Human development center referral process. (a) When a Division of Developmental Disabilities Services service specialist receives a request for HDC placement, he or she will give the applicant a six-part initial application which includes: (1) Information letter…

20 CAR § 530-108. Human development center admission process. (a)(1) Once a vacancy becomes available, the HDC admission coordinator will notify the appropriate Division of Developmental Disabilities Services specialist and the applicant and/or legal representative, and the forma…

20 CAR § 530-109. Human development center emergency referral. (a)(1) Service specialists may make emergency referrals to the Division of Developmental Disabilities Services Program Manager. (2) The service specialist shall include information explaining why an emergency exists, …

20 CAR § 530-110. Human development center discharge process. (a) Court-ordered admission. If the individual is receiving services due to a court order, the individual or the individual’s guardian/legal representative must obtain a discharge order from the court that ordered admi…

20 CAR § 531-101. Purpose. This subpart implements Arkansas Code § 20-48-105, as amended by Acts 2013, No. 1017.

20 CAR § 531-102. Scope. (a) This subpart applies to: (1) All Division of Developmental Disabilities Services staff charged with implementation of licensure requirements; and (2) Division-licensed community based providers of nonresidential services to adults that are or could be…

20 CAR § 531-103. Definitions. As used in this subpart: (1) “Existing provider” means: (A) A Division of Developmental Disabilities Services-licensed nonprofit community program that offers nonresidential services to adults covered under the Arkansas DDTCS program at an approved …

20 CAR § 531-104. Existing provider expansion. (a) Existing providers of adult services having no approved site within the county may purchase, construct, or lease a site in the county subject to Division of Developmental Disabilities Services site approval. (b) Approval shall be…

20 CAR § 531-105. Dissatisfied parent, guardian, recipient, or prospective eligible individual grievance mediation procedure. (a) If a parent, guardian, recipient, or prospective eligible adult individual provides the Division of Developmental Disabilities Services with a written…

20 CAR § 531-106. General provisions. (a)(1) The Division of Developmental Disabilities Services may authorize the expansion of the number of developmental disabilities service provider's sites for adult services in a specific county if it determines the county is underserved. (2…

20 CAR § 531-201. Purpose. This subpart implements Arkansas Code § 20-48-1101 et seq.

20 CAR § 531-202. Scope. (a) This subpart applies to: (1) All Division of Developmental Disabilities Services staff charged with implementation of licensure requirements; (2) The division-licensed community based providers of nonresidential services that are or could be covered u…

20 CAR § 531-203. Definitions. As used in this subpart: (1) "Accredited entity" means a corporate entity that meets the definition of Arkansas Code § 20-48-1102(1); (2) "Child health management services (CHMS)” means an array of clinic services for children: (A) Intended to provi…

20 CAR § 531-204. Existing provider expansion. (a) Existing providers having no approved site for the provision of early intervention day treatment services within a county may purchase, construct, or lease a site in that county subject to Division of Developmental Disabilities S…

20 CAR § 531-205. Dissatisfied parent, guardian, recipient, or prospective eligible individual grievance mediation procedure. (a) If a parent, guardian, recipient, or prospective eligible individual provides Division of Developmental Disabilities Services with a written statement…

20 CAR § 531-206. Prerequisites for certification and licensure. (a) Children's health management services. (1) Certification by the Department of Human Services is required for operation as a child health management services program. (2) The department shall grant certification …

20 CAR § 531-207. Determination of underserved status for expansion of services. (a) An expansion of early intervention day treatment services in a county is necessary when the Division of Developmental Disabilities Services determines that a county is underserved with regard to:…

20 CAR § 531-208. Notice of underserved area. (a)(1) The Division of Developmental Disabilities Services shall provide written notice by certified mail of its designation that an area is underserved to all CHMS programs, DDTCS programs for children, and successor programs with ex…

20 CAR § 531-209. Order of priority for granting approval. (a) When considering an application for approval under this subpart for expansion of early intervention day treatment services, including CHMS, DDTCS for children, or any successor program services, the Division of Develo…

20 CAR § 532-101. Purpose. This part clarifies the role of Division of Developmental Disabilities Services staff in determining the use of lands, facilities, and equipment which are under the authority of the Board of Developmental Disabilities Services.

20 CAR § 532-102. Scope. This part is directed to all Division of Developmental Disabilities Services employees and to any other individual or entity interested in the subject.

20 CAR § 532-103. Use of lands, facilities, or equipment by outside organizations. (a) As authorized by the Board of Developmental Disabilities Services, the Director of the Division of Developmental Disabilities Services assigns responsibility for making recommendations for use …