Arkansas Administrative Code

25 CAR § 20-110. Amendment of data. (a) Scope and applicability. This policy applies to the Office of Health Information Technology and all participating entities. (b) Accepting amendments. (1) Each participating entity shall comply with applicable federal, state, and local laws …

25 CAR § 20-111. Requests for restrictions. (a) Scope and applicability. This policy applies to all participating entities. (b) Recipient responsibility. A participating entity, when accessing the State Health Alliance for Records Exchange shall not be expected to know of or comp…

25 CAR § 20-112. Mitigation. (a) Scope and applicability. This policy applies to the Office of Health Information Technology, all participating entities, and their BAs and contractors. (b) Duty to mitigate. (1) Each participating entity shall implement a process to mitigate, and …

25 CAR § 20-113. Investigations— Incident response system. (a) Scope and applicability. This policy applies to the Office of Health Information Technology, all participating entities, and their BAs and contractors. (b) Individual complaints. (1) Any individual may submit a compla…

25 CAR § 20-114. Authorized user controls. (a) Scope and applicability. (1) This policy applies to the Office of Health Information Technology, all participating entities, and their BAs and contractors. (2) This policy is to be read and applied in conjunction with the office secu…

25 CAR § 30-101. Purpose — Intent. (a)(1) The Department of Human Services shall conduct business only with responsible participants. (2) Participants will be excluded from participation in department programs to protect: (A) Public funds; (B) The integrity of publicly funded pro…

25 CAR § 30-102. Application. (a)(1) This part applies to all participants, including related parties, as defined in 25 CAR § 30-103. (2) The rights, obligations, and remedies created and imposed by this part are in addition to any rights, obligations, and remedies under any othe…

25 CAR § 30-103. Definitions. As used in this part: (1)(A) "Administrative adjudication" means an appeal hearing conforming to the Arkansas Administrative Procedure Act, codified as Arkansas Code § 25-15-201 et seq. (B) Administrative appeals must be limited to the extent necessa…

25 CAR § 30-104. Mandatory exclusion. (a) The Department of Human Services or the Office of Medicaid Inspector General with respect to Arkansas Medicaid programs, shall automatically exclude a participant: (1) If the participant is the subject of a final determination that the pa…

25 CAR § 30-105. Discretionary exclusion. The Department of Human Services or the Office of Medicaid Inspector General, with respect to Arkansas Medicaid programs, may exclude participants for any of the following acts or omissions that are of a character regarded by the Secretar…

25 CAR § 30-106. Persons and entities excluded. In addition to excluded participants, exclusion applies to: (1)(A) All the participant's related parties, and the heirs and assigns of the participants and related parties. (B) Whether a related party should be excluded or prevented…

25 CAR § 30-107. Effect of exclusion. (a)(1) Those excluded may not receive appropriated funds except to the extent such funds are for proper charges approved before the date of exclusion. (2) Payments are limited to the amount by which the proper charges exceed the amount of any…

25 CAR § 30-108. Term of exclusion. (a)(1) The term of the exclusion shall be set after consideration of the: (A) Nature and seriousness of the wrongful act or omission warranting exclusion; (B) Length of time since any wrongful act or omission warranting exclusion; and (C) Goals…

25 CAR § 30-109. Procedural rules. (a)(1) The Department of Human Services or the Office of Medicaid Inspector General must prove the act or omission upon which the exclusion is based by a preponderance of the evidence. (2) An excluded person or entity must prove the elements of …

25 CAR § 31-101. Summary. (a) The Department of Human Services provides both state and federal funding as well as noncash resources. (b)(1) The department is required to adhere to federal and state statutes as well as demonstrate effective internal control. (2) The same requireme…

25 CAR § 31-102. Audit types and timelines. (a)(1) Nonprofit organizations receiving at least twenty percent (20%) of the single audit (2 C.F.R. § 200.501(b), audit requirements) threshold for Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federa…

25 CAR § 31-103. Late submissions. (a) In some cases, the Department of Human Services may grant an extension to organizations for audit submission. (b) However, organizations who are habitually late in submitting required audits or who fail to submit required audits are subject …

25 CAR § 31-104. Department contact and submission. (a) Audit reports, requests for confirmation, or any other inquiry or document should be submitted to the Department of Human Services electronically in .pdf format to: contactaudit@dhs.arkansas.gov. (b) The mailing address is: …

25 CAR § 31-201. Auditor qualifications. (a) Audits shall be performed by independent certified public accountants (CPAs) currently holding an annual permit to practice (United States Government Accountability Office Yellow Book 6.04, Requirements: Licensing and Certification) fr…

25 CAR § 31-202. Auditor selection. It is the responsibility of the provider to select an auditor and to pay for the audit (2 C.F.R. § 200.508, auditee responsibilities).

25 CAR § 31-203. Costs of audits. (a) Organizations and auditors must take care to ensure that the type of audit performed is appropriate for the level of expenditure for that year. (b) Organizations and auditors should consult Uniform Guidance (2 C.F.R. § 200.425, audit services…

25 CAR § 31-301. Generally. (a) The Department of Human Services requires some additional information. (b) Department requirements listed below are not all-inclusive. (c) Existing and future contracts may contain additional audit requirements.

25 CAR § 31-302. Supplemental data sheet. The Department of Human Services requires a supplemental data sheet which includes the following information: (1) Entity’s full name and address; (2) Employer identification number; (3) Phone number; (4) Name of director; (5) Name of cont…

25 CAR § 31-303. Management letter. A management response letter to any findings or recommendations is also required to be included with the report.

25 CAR § 31-304. Schedule of state assistance. (a) A schedule of state assistance must be included with each single audit and shall show the total revenues and expenditures for each program, as well as the state department that is furnishing the funding. (b) Medicaid funding, if …

25 CAR § 31-305. Schedule of governmental assistance. (a)(1) A schedule of governmental assistance must be included in both generally accepted government auditing standards audits and single audits. (2) It must show: (A) Revenues and expenditures for each program, federal and sta…

25 CAR § 31-306. Funding agreements. (a) Organizations’ funding agreements may include specific requirements which must also be included. (b) Some of the most common are listed below: (1)(A) Units of service. (B) The audit report shall reflect the units of service for each contra…

25 CAR § 34-101. Policy. Department of Human Services administrative adjudications are to: (1) Be conducted: (A) Impartially; (B) Timely; (C) Fairly; (D) Professionally; and (E) Objectively; and (2) Lead to decisions that are consistent with applicable state and federal laws.…

25 CAR § 34-102. Definitions. As used in this part: (1) “Administrative adjudication” means the process for the formulation of an order; (2) “APA” means Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq.; (3) “Appellant” means the party: (A) Applying for Dep…

25 CAR § 34-103. Right to administrative adjudication. Unless a different administrative remedy is provided by statute, regulation, or rule, any person denied Department of Human Services assistance, and any person entitled by state or federal law, rule, or regulation to appeal a…

25 CAR § 34-104. Notice of representative. (a) Appellants who intend to be represented at any stage of an adjudication must notify the Office of Appeals and Hearings of the name, address, and telephone number of the representative as soon as possible, and at least ten (10) busine…

25 CAR § 34-105. Interpreters. (a) If any party requires an interpreter due to hearing impairment or an inability to communicate in the English language, the party must notify the Office of Appeals and Hearings of the need for an interpreter at least ten (10) business days before…

25 CAR § 34-106. Timeframes. (a) Most Department of Human Services programs have time limitations for the completion of administrative adjudications. (b) Timeframes are the basis for hearing schedules. (c) Failure to meet a timeframe does not deprive the Office of Appeals and Hea…

25 CAR § 34-107. Resolution without a hearing. There are four (4) ways to end an administrative adjudication without a hearing: (1) The Department of Human Services withdraws the adverse action on the record at the hearing or in writing before the hearing; (2) The appellant withd…

25 CAR § 34-108. Hearings. (a) Special types of hearings. (1)(A) Special nutrition program. (B) See Family Day Care Home (FDCH)-3. (2) Medical necessity/medical disability decisions: (A) The hearing official will notify the appellant in writing that if the appellant has evidence …

25 CAR § 34-109. Commencement of administrative adjudication. (a) Each appeal shall begin with the filing of a written notice of appeal in the time and manner specified for the subject matter of the appeal. (b)(1) Upon receipt of a sufficient and timely notice of appeal, the Offi…

25 CAR § 34-110. Discovery. (a) Discovery is the process whereby one (1) party: (1) Requests documents from the other party; (2) Submits written interrogatories to the other party; or (3) Takes witness depositions by phone or in person. (b) If one (1) or more parties want to have…

25 CAR § 34-111. Securing the attendance of witnesses. (a) Witnesses may appear voluntarily or involuntarily if properly served with a subpoena. (b) Subpoenas direct the witness to appear and give testimony at a specified time and place, and also may direct the witness to bring d…

25 CAR § 34-112. Postponements. (a)(1) Any party may request that the hearing be rescheduled to a later date. (2) Requests should be made in writing and delivered to the Office of Appeals and Hearings and all other parties. (b) Verbal requests must be followed by a written reques…

25 CAR § 34-113. Location of hearings. Hearings may be held in the Office of Appeals and Hearings office at 7th and Main Streets in Little Rock, Arkansas, in the county office in the county where the appellant resides, by telephone, or by videoconference.

25 CAR § 34-114. Failure to appear. (a) Regardless of whether the appellant is represented, the appellant must appear in person for all hearings regarding program eligibility or program services or show good cause why he or she cannot be present. (b) If any party fails to appear …

25 CAR § 34-115. Burden of going forward. (a) When a hearing begins, the burden of going forward is on the party with the burden of proof. (b) When that party has presented his or her evidence, the burden of going forward shifts to the other party. (c) After that evidence is subm…

25 CAR § 34-116. Order of witnesses. (a) The party with the burden of proof goes first. (b) Each party determines the order in which to call its own witnesses. (c) The hearing official may direct, or the parties may agree, to take one (1) or more witnesses out of turn, for exampl…

25 CAR § 34-117. Maltreatment victim and child witnesses. (a)(1) In all maltreatment appeal hearings, the testimony of alleged victims and all child witnesses under the age of eighteen (18) shall be taken outside the presence of the petitioner. (2) Testimony from child witnesses …

25 CAR § 34-118. Record made. (a) The Office of Appeals and Hearings will tape record each hearing. (b) If the office decision is appealed, the office will prepare a transcript or cause a transcript to be prepared for filing in the circuit court as provided in the Arkansas Admini…

25 CAR § 34-119. Findings of fact and conclusions of law. (a) Each Office of Appeals and Hearings decision will be in writing and will separately set out: (1) Findings of fact; (2) Conclusions of law; and (3) An order. (b) The office will furnish each party a copy of the findings…

25 CAR § 34-120. Reconsideration. (a) Within ten (10) calendar days of a party’s receipt of the findings of fact, conclusions of law, and the order, any party may request reconsideration. (b) Simultaneous to a request for reconsideration, the party shall notify the opposing party…