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PRIA provides educational policy intelligence and is not a source of investment, legal, or financial advice. Content is for informational purposes only.

Arkansas Statutes, Title 20

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Arkansas/Statutes

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Title 20, Public Health and Welfare

63 chapters · 2,725 sections in this title.

All chapters in Title 202,725 Ch 77, Medical Assistance241 Ch 16, Reproductive Health215 Ch 10, Long-Term Care Facilities and Services191 Ch 13, Emergency Medical Services151 Ch 17, Death and Disposition of the Dead139 Ch 27, Miscellaneous Health and Safety Prov…130 Ch 15, Disease and Disease Prevention Generally114 Ch 9, Health Facilities and Services Generally112 Ch 64, Alcohol and Drug Abuse106 Ch 7, State Board of Health — Department o…96 Ch 76, Public Assistance Generally92 Ch 47, Treatment of Persons With Mental Illness83 Ch 22, Fire Prevention, Protection, and Safety81 Ch 48, Treatment of Persons With Developmen…74

241 sections·Filtered byTitle 20✕Ch 77✕

Ark. Code Ann. § 20-77-1720 Third-party entity compliance
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A third-party entity shall comply with the requirements in this subchapter, including appeal periods, notice requirements, and publication of protocols, procedures, and requirements.
Ark. Code Ann. § 20-77-1801 Findings
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The General Assembly finds that in order to alleviate the financial burden on the state's Medicaid program, the state must encourage better access to and utilization of affordable long-term care insurance that will pay for some or all of the cost of long-term care services.
Ark. Code Ann. § 20-77-1802 Definitions
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(1) As used in this subchapter:(1) “Long-term care facility” means a facility required to be licensed under § 20-10-224;(2) “Long-term care insurance” means the same as in § 23-97-304; and(3) “Long-term care services” means the following necessary services that originate in a set…
Ark. Code Ann. § 20-77-1803 Arkansas Long-Term Care Partnership Program — Created
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(a) The Arkansas Long-Term Care Partnership Program is created within the Department of Human Services. (b) The Department of Human Services in cooperation with the Insurance Commissioner shall submit applications to the United States Department of Health and Human Services neces…

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Ark. Code Ann. § 20-77-1804 Applicability

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This subchapter does not supersede the obligations under the Long-Term Care Insurance Act of 2005, § 23-97-301 et seq.

Ark. Code Ann. § 20-77-1805 Continuity of asset protection

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If this subchapter is repealed, any Medicaid asset protection afforded under § 20-77-1803 shall remain effective for the life of the individual receiving long-term care services under this subchapter.

Ark. Code Ann. § 20-77-1901 Definitions

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(1) As used in this subchapter:(1) “Division” means the Division of Medical Services of the Department of Human Services;(2) “Hospital” means a health care facility licensed as a hospital by the Division of Health Facilities Services under § 20-9-213;(3) “Medicare Cost Report” me…

Ark. Code Ann. § 20-77-1902 Assessment

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(a) (1) An assessment is imposed on each hospital except those exempted under § 20-77-1905 for each state fiscal year in an amount calculated as a percentage of each hospital's net patient revenue.(2) The assessment rate shall be determined annually based upon the percentage of n…

Ark. Code Ann. § 20-77-1903 Program administration

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(a) The Director of the Division of Medical Services of the Department of Human Services shall administer the assessment program created in this subchapter. (b) (1) The Division of Medical Services of the Department of Human Services shall adopt rules to implement this subchapter…

Ark. Code Ann. § 20-77-1904 Hospital Assessment Account

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(a) (1) There is created within the Arkansas Medicaid Program Trust Fund a designated account known as the “Hospital Assessment Account”.(2) The hospital assessments imposed under § 20-77-1902 shall be deposited into the Hospital Assessment Account. (1) There is created within th…

Ark. Code Ann. § 20-77-1905 Exemptions

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(a) The following hospitals shall be exempt from the assessment imposed under § 20-77-1902 unless the exemption is adjudged to be unconstitutional or otherwise determined to be invalid:(1) Hospitals that are not privately operated hospitals;(2) Hospitals licensed by the Departmen…

Ark. Code Ann. § 20-77-1906 Quarterly notice and collection

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(a) (1) The annual assessment imposed under § 20-77-1902 shall be due and payable on a quarterly basis.(2) However, an installment payment of an assessment imposed by § 20-77-1902 shall not be due and payable until:(A) The Division of Medical Services of the Department of Human S…

Ark. Code Ann. § 20-77-1907 Notice of assessment

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(a) (1) The Division of Medical Services of the Department of Human Services shall send a notice of assessment to each hospital informing the hospital of the assessment rate, the hospital's net patient revenue calculation, and the estimated assessment amount owed by the hospital …

Ark. Code Ann. § 20-77-1908 Medicaid hospital access payments

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(a) To preserve and improve access to hospital services, for hospital inpatient and outpatient services rendered on or after July 1, 2009, the Division of Medical Services of the Department of Human Services shall make hospital access payments as set forth in this section. (b) Th…

Ark. Code Ann. § 20-77-1909 Effectiveness and cessation

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(a) The assessment imposed under § 20-77-1902 shall cease to be imposed, the Medicaid hospital access payments made under § 20-77-1908 shall cease to be paid, and any moneys remaining in the Hospital Assessment Account in the Arkansas Medicaid Program Trust Fund shall be refunded…

Ark. Code Ann. § 20-77-1910 State plan amendment

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(a) The Division of Medical Services of the Department of Human Services shall file with the Centers for Medicare & Medicaid Services a state plan amendment to implement the requirements of this subchapter, including the payment of hospital access payments under § 20-77-1908, no …

Ark. Code Ann. § 20-77-2001 Findings

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(1) The General Assembly finds that:(1) Almost two-thirds (⅔) of the state's uninsured children are already eligible for either ARKids First A or B, but many are not enrolled or do not remain enrolled;(2) Twenty thousand (20,000) children annually are dropped from the ARKids Firs…

Ark. Code Ann. § 20-77-2002 Administration

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(a) In administering the ARKids First A and B programs, the Department of Human Services shall:(1) Work to increase enrollment among eligible uninsured children under nineteen (19) years of age;(2) Work to improve retention of coverage among eligible uninsured children under nine…

Ark. Code Ann. § 20-77-2003 ARKids First enrollment and renewals

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(a) The Department of Human Services shall perform the initiatives under subsection (b) of this section to increase ARKids First enrollment and renewals and position the state to compete for a performance bonus payment under the Children's Health Insurance Program Reauthorization…

Ark. Code Ann. § 20-77-2102 Medicaid Eligibility Verification System — Definitions

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(a) The Department of Human Services shall establish and maintain the Medicaid Eligibility Verification System that is designed to prevent fraud in the establishment and maintenance of Medicaid eligibility. (b) (1) In establishing the Medicaid Eligibility Verification System, the…

Ark. Code Ann. § 20-77-2104 Medicaid eligibility verification

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(a) Except when prohibited by federal law, the Department of Human Services shall adopt the following procedures to verify Medicaid eligibility for participation in the Arkansas Medicaid Program or receipt of benefits in the Arkansas Medicaid Program:(1) All conditions of eligibi…

Ark. Code Ann. § 20-77-2105 Additional program integrity measures

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(a) Unless required under federal law, the Department of Human Services shall not:(1) Designate itself as a qualified health entity for the purpose of making presumptive eligibility determinations or for any purpose not expressly authorized by state law;(2) Accept self-attestatio…

Ark. Code Ann. § 20-77-2301 Findings — Intent

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(a) The General Assembly finds that:(1) Although a direct-care worker in the State of Arkansas who serves a Medicaid-reimbursable client must undergo a forty-hour training program, a direct-care worker who serves a client in his or her home and who is not Medicaid-reimbursable ha…

Ark. Code Ann. § 20-77-2302 Definitions

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(1) As used in this subchapter:(1) “Caregiver services” means services provided to an individual in the State of Arkansas to assist the recipient of the services in the activities of daily living, and the recipient of services is fifty (50) years of age or older at the time the s…

Ark. Code Ann. § 20-77-2303 Training requirement

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(a) A person who applies for employment to provide caregiver services in this state for compensation shall provide documentation to an in-home services agency of successful completion of training as a trained in-home assistant under this subchapter. (b) A person qualifies as a tr…

Ark. Code Ann. § 20-77-2304 Exemptions

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(1) An individual may provide caregiver services without the training required under this subchapter if the person is a:(1) Certified Nursing Assistant;(2) Licensed practical nurse;(3) Parent, grandparent, child, grandchild, or sibling of the recipient of the services;(4) Physici…

Ark. Code Ann. § 20-77-2305 Rules

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The Department of Health shall adopt rules to implement this subchapter.

Ark. Code Ann. § 20-77-2501 Purpose

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(1) The purpose of this subchapter is to:(1) Consolidate staff and other Medicaid fraud detection, prevention, and recovery functions from the relevant governmental entities into a single office;(2) Create a more efficient and accountable structure;(3) Reorganize and streamline t…

Ark. Code Ann. § 20-77-2502 Definitions

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(1) As used in this subchapter:(1) (A) “Abuse” means provider practices that are inconsistent with sound fiscal, business, or medical practices and result in an unnecessary cost to the Medicaid program or in reimbursement for services that are not medically necessary or that fail…

Ark. Code Ann. § 20-77-2503 Office of Medicaid Inspector General — Created

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The Office of Medicaid Inspector General is created within the Department of Inspector General and is independent from the Department of Human Services.

Ark. Code Ann. § 20-77-2504 Medicaid Inspector General — Appointment — Qualifications

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(a) (1) The Medicaid Inspector General shall be appointed by the Governor, with the advice and consent of the Senate.(2) The inspector general shall serve at the pleasure of the Governor. (1) The Medicaid Inspector General shall be appointed by the Governor, with the advice and c…

Ark. Code Ann. § 20-77-2505 Office of Medicaid Inspector General — Powers and duties

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(1) The Office of Medicaid Inspector General shall:(1) Prevent, detect, and investigate fraud and abuse within the medical assistance program;(2) Refer appropriate cases for criminal prosecution;(3) Recover improperly expended medical assistance funds;(4) Audit medical assistance…

Ark. Code Ann. § 20-77-2506 Medicaid Inspector General — Duties

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(1) The Medicaid Inspector General shall, in consultation with the Secretary of the Department of Inspector General:(1) Hire deputies, directors, assistants, and other officers and employees needed for the performance of his or her duties and prescribe the duties of deputies, dir…

Ark. Code Ann. § 20-77-2507 Cooperation of agency officials and employees

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(a) (1) The Medicaid Inspector General shall request information, assistance, and cooperation from a federal, state, or local governmental department, board, bureau, commission, or other agency or unit of an agency to carry out the duties under this section.(2) A state or local a…

Ark. Code Ann. § 20-77-2508 Transfer of duties and resources

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(a) The duties, functions, records, personnel, property, unexpended balances of appropriations, allocations, or other funds of the Department of Human Services necessary to the operations of the Office of Medicaid Inspector General under § 20-77-2505 are transferred to the office…

Ark. Code Ann. § 20-77-2509 Reports required of Medicaid Inspector General — Definition

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(a) The Medicaid Inspector General shall, no later than October 1 of each year, submit to the Secretary of the Department of Inspector General, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, Arkansas Legislative Audit, the Legislative Counci…

Ark. Code Ann. § 20-77-2510 Department of Human Services consultation with Office of Medicaid Inspector General

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(a) The Department of Human Services shall consult with the Office of Medicaid Inspector General regarding an activity undertaken by a fiscal intermediary or fiscal agent pertaining to suspected fraud, waste, or abuse. (b) The department, in consultation with the office, shall:(1…

Ark. Code Ann. § 20-77-2511 Provider compliance program

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(a) The General Assembly finds that:(1) Medical assistance providers potentially are able to detect and correct payment and billing mistakes and fraud if required to develop and implement compliance programs;(2) A provider compliance program makes it possible to organize provider…

Ark. Code Ann. § 20-77-2512 Applicability of Medicaid Fairness Act

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The Medicaid Fairness Act, § 20-77-1701 et seq., applies to this subchapter.

Ark. Code Ann. § 20-77-2513 Enterprise Fraud Program

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(a) To realize savings to the Arkansas Medicaid Program and taxpayers as soon as possible, within ninety (90) days after July 1, 2014, the Office of Medicaid Inspector General shall establish a program known as the “Enterprise Fraud Program” that is focused on fraud, waste, abuse…

Ark. Code Ann. § 20-77-2601 Title

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This act shall be known and may be cited as the “Arkansas Lay Caregiver Act”.

Ark. Code Ann. § 20-77-2602 Definitions

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(1) As used in this subchapter:(1) “Aftercare” means assistance that:(A) Is provided by a caregiver to a patient after the discharge of the eligible patient from a hospital;(B) Is related to the condition of the patient at the time of discharge; and(C) Does not require a professi…

Ark. Code Ann. § 20-77-2603 Designation of caregiver

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(a) (1) A hospital shall provide each patient or, if applicable, the patient's legal guardian, with an opportunity to designate a caregiver following the patient's admission into a hospital and before the discharge of the patient to the residence of the patient.(2) Before dischar…

Ark. Code Ann. § 20-77-2604 Compensation to caregiver

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(a) A caregiver designated under this subchapter shall not accept compensation in exchange for aftercare provided to the patient. (b) This subchapter does not prevent an individual who is a licensed medical professional under Arkansas Code Title 17, Subtitle 3, or has completed t…

Ark. Code Ann. § 20-77-2605 Notification to caregiver

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(a) If a patient has designated a caregiver, the hospital shall notify the designated caregiver of the patient concerning the discharge or transfer of the patient to another licensed facility as soon as possible before discharge or transfer. (b) In the event that the hospital is …

Ark. Code Ann. § 20-77-2606 Consultation with caregiver — Discharge plan

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(a) (1) As soon as practicable before the discharge of the patient, the hospital shall attempt to consult with the designated caregiver to prepare the caregiver to provide for the aftercare needs of the patient.(2) As part of the consultation under subdivision (a)(1) of this sect…

Ark. Code Ann. § 20-77-2607 Construction — Immunity

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(a) This subchapter shall not:(1) Confer upon the caregiver any authority to make healthcare decisions on behalf of the patient;(2) Create a private right of action against a hospital, hospital employee, or duly authorized agent of the hospital; or(3) Remove the obligation of a t…

Ark. Code Ann. § 20-77-2701 Title

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This subchapter shall be known and may be cited as the “Medicaid Provider-Led Organized Care Act”.

Ark. Code Ann. § 20-77-2702 Legislative intent and purpose

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(a) As the single state agency for administration of the medical assistance programs established under Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq., and Title XXI of the Social Security Act, 42 U.S.C. § 1397aa et seq., the Department of Human Services is authori…

Ark. Code Ann. § 20-77-2703 Definitions

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(1) As used in this subchapter:(1) “Associated participant” means an organization or individual that is a member or contractor of a risk-based provider organization and provides necessary administrative functions, including without limitation claims processing, data collection, a…