Title 20 — Public Health and Welfare
63 chapters · 2,838 sections in this title.
Ark. Code Ann. § 20-77-110 Increase in reimbursement rate
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Notwithstanding any other provision in federal law or departmental commitment which may exist to the contrary, the Department of Human Services shall not increase any reimbursement rate to any provider or provider groups supported in whole or in part by funds administered by the …
Ark. Code Ann. § 20-77-1101 Title
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This subchapter shall be known and may be cited as the “ARKids First Program Act”.
Ark. Code Ann. § 20-77-1102 Purpose
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The purpose and intent of this subchapter is to establish a program to provide access to appropriate healthcare services for eligible children in Arkansas.
Ark. Code Ann. § 20-77-1103 Definitions
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(1) For purposes of this subchapter:(1) “Family” means a family as defined in the Medical Services Policy Manual of the Division of County Operations of the Department of Human Services; and(2) “Healthcare coverage” means healthcare insurance as defined by rules promulgated by th…
Ark. Code Ann. § 20-77-1104 Waiver — Rules — Definitions
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(a) As used in this section:(1) (A) “Healthcare coverage” means healthcare insurance regulated by the State Insurance Department, including without limitation group and employer-sponsored health insurance plans.(B) The Department of Human Services may by rule exclude other plans …
Ark. Code Ann. § 20-77-1105 Funding
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(a) Funding for the uninsured children's program shall be derived from funds as may be provided by the General Assembly, copayments, and any federal matching funds available to the program. (b) It is further the intent of this subchapter that funds appropriated by the General Ass…
Ark. Code Ann. § 20-77-111 Data reports
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(a) The Secretary of the Department of Human Services shall cause to be prepared a compilation of data on the Arkansas Medicaid Program. (b) (1) The report shall be issued quarterly and shall include comparisons of expenditures and recipients for the quarter with those of the pre…
Ark. Code Ann. § 20-77-115 Personal care reimbursement rates — Legislative findings — Definition
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(a) The General Assembly finds that:(1) The provision of high-quality personal care services in Arkansas is a priority concern;(2) Personal care service:(A) Is an essential service that enables residents of Arkansas to live in their own homes and avoid institutional care;(B) Is v…
Ark. Code Ann. § 20-77-119 Finding — Resource eligibility limit
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(a) The General Assembly finds that:(1) The income of many elderly Arkansans slightly exceeds the Medicaid eligibility level;(2) Without adequate health care, many elderly Arkansans will develop more serious health problems, causing them to become debilitated and resulting in los…
Ark. Code Ann. § 20-77-120 [Repealed.]
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A.C.A. § 20-77-120Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved
Ark. Code Ann. § 20-77-1201 Title
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This subchapter shall be known and may be cited as the “Medicaid Program for Low-Income Disabled Working Persons”.
Ark. Code Ann. § 20-77-1202 Purpose
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The purpose and intent of this subchapter is to establish a new optional categorically needy Medicaid eligibility group under section 4733 of the Balanced Budget Act of 1997 to provide medical assistance to disabled working persons whose family incomes are less than two hundred f…
Ark. Code Ann. § 20-77-1203 Definitions
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(1) As used in this subchapter, unless the context otherwise requires:(1) (A) “Cost sharing” means the portion of the cost of a Medicaid-covered service which must be paid at the point of service by the eligible individual.(B) Cost sharing shall be set on a sliding scale based on…
Ark. Code Ann. § 20-77-1204 Administration — Regulation
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(a) The Department of Human Services is authorized to apply to the Centers for Medicare & Medicaid Services for approval to create and administer the low-income disabled working person category of Medicaid eligibility. (b) The department shall promulgate rules for and administer …
Ark. Code Ann. § 20-77-1205 Funding
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(a) Funding for the low-income disabled working person category of Medicaid eligibility shall be derived from funds as may be provided by the General Assembly, premiums, cost sharing, and any federal matching funds available to the Medicaid Program for Low-Income Disabled Working…
Ark. Code Ann. § 20-77-121 Adverse decisions — Notice — Rights — Definitions
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(a) As used in this section:(1) “Adverse action” means the denial, termination, suspension, or reduction of Medicaid eligibility or covered services; and(2) “Beneficiary” means:(A) A person who has applied for medical assistance under the Arkansas Medicaid Program; or(B) A person…
Ark. Code Ann. § 20-77-122 Survey agency for psychiatric residential treatment facilities of children
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(a) To the extent required by federal law, the Division of Medical Services of the Department of Human Services shall designate a survey agency to conduct restraint and seclusion surveys in psychiatric residential treatment facilities for children as defined in § 9-28-402. (b) No…
Ark. Code Ann. § 20-77-123 Drugs for asthma and other respiratory diseases — Definitions
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(a) As used in this section:(1) “Drug Review Committee” means physicians and pharmacists who perform unbiased reviews of drugs to determine which drugs should be recommended for inclusion on the Preferred Drug List maintained by the Division of Medical Services of the Department …
Ark. Code Ann. § 20-77-124 Medicaid waiver for autism spectrum disorder — Definitions
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(a) As used in this section:(1) “Autism spectrum disorder” means a condition that is diagnosed by at least two (2) qualified professionals of different types from the list in subdivision (a)(4)(B) of this section who each conclude that a child fully meets the diagnostic criteria …
Ark. Code Ann. § 20-77-125 Contingency fee audits prohibited — Definitions
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(a) As used in this section:(1) “Healthcare provider” means a person enrolled to provide health or medical care services or goods authorized under Medicaid;(2) “Medicaid” means the medical assistance program provided in this state under Title XIX of the Social Security Act of 196…
Ark. Code Ann. § 20-77-126 Relation to Arkansas Pharmacy Audit Bill of Rights
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(a) From and after the date that a state plan amendment submitted under § 20-77-125 is approved by the Centers for Medicare & Medicaid Services, § 20-77-125 shall supersede and replace § 17-92-1201(f) with regard to Medicaid integrity audits of pharmacies and pharmacists, but all…
Ark. Code Ann. § 20-77-127 Eligibility for long-term care — Definition
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(a) The eligibility determination regarding every applicant for long-term care nursing facility placement shall be made according to the criteria in the rules promulgated by the Department of Human Services. (b) The department shall promulgate rules to establish eligibility deter…
Ark. Code Ann. § 20-77-128 In-home caregiver drug tests and criminal background checks — Definitions
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(a) As used in this section:(1) “Caregiver” means an individual who has responsibility for the protection, in-home care, or custody of a Medicaid enrollee as a result of assuming the responsibility by contract; and(2) “Registry records check” means the review of one (1) or more d…
Ark. Code Ann. § 20-77-129 Ambulatory surgery centers — Medicaid reimbursement — Definitions
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(a) As used in this section:(1) “Ambulatory surgery center” means an entity certified by Medicare as an ambulatory surgical center that operates for the purpose of providing surgical services to patients and that is eligible to receive reimbursement from Medicaid for ambulatory s…
Ark. Code Ann. § 20-77-130 Medicaid provider tax returns — Definition
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(a) As used in this section, “affected Medicaid entity” means an individual or entity that:(1) Provides and is directly reimbursed by Medicaid for services in the Arkansas Medicaid Program;(2) Is required to submit an annual financial audit to the Department of Human Services; an…
Ark. Code Ann. § 20-77-1301 Title
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This subchapter may be cited as the “Medical Assistance Programs Integrity Law”.
Ark. Code Ann. § 20-77-1302 Legislative intent and purpose
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(a) This subchapter is enacted to combat and prevent fraud and abuse committed by some healthcare providers participating in the medical assistance programs and by other persons and to negate the adverse effects those activities have on fiscal and programmatic integrity. The admi…
Ark. Code Ann. § 20-77-1303 Definitions
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(1) As used in this subchapter, the following terms shall have the following meanings:(1) “Administrative adjudication” means adjudication and the adjudication process contained in the Arkansas Administrative Procedure Act, § 25-15-201 et seq.;(2) “Claim” includes any request or …
Ark. Code Ann. § 20-77-1304 Claims review and administrative sanctions
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(a) (1) Pursuant to rules promulgated in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., the Secretary of the Department of Human Services shall establish a process to review a claim made by a healthcare provider to determine whether the claim shou…
Ark. Code Ann. § 20-77-1305 Settlement
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The Secretary of the Department of Human Services may agree to settle an administrative sanction. The terms of the settlement shall be reduced to writing and signed by the parties to the agreement. The terms of the settlement shall be a public record. The settlement shall include…
Ark. Code Ann. § 20-77-131 Determination that a Medicaid provider is out of business — Definition
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(a) As used in this section, “entity” means:(1) A corporation, including without limitation a professional, medical, or dental corporation;(2) A limited liability company, including without limitation a professional, medical, or dental limited liability company; and(3) A partners…
Ark. Code Ann. § 20-77-132 Diagnosis-related group methodology for hospitals — Definition
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(a) As used in this section, “diagnosis-related group methodology” means a system of classification of diagnoses and procedures based on the International Classification of Diseases, Tenth Revision, Clinical Modification, also known as ICD-10-CM, including without limitation:(1) …
Ark. Code Ann. § 20-77-133 Walk-in clinic and emergent care clinic — Medicaid reimbursement — Definitions
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(a) As used in this section:(1) “Emergent care clinic” means a walk-in clinic focused on the delivery of ambulatory care in a facility outside of traditional emergency care; and(2) “Walk-in clinic” means a medical clinic that accepts patients on a walk-in basis and without an app…
Ark. Code Ann. § 20-77-134 Direct access to chiropractic physicians
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(a) On or before January 1, 2018, the Department of Human Services shall adopt rules to allow a Medicaid recipient direct access to a chiropractic physician. (b) Rules adopted under this section shall:(1) Allow a Medicaid recipient to receive diagnosis and treatment from a chirop…
Ark. Code Ann. § 20-77-135 Peer support specialist
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(1) The Department of Human Services shall not disqualify or exclude an individual from participation in the Arkansas Medicaid Program based on a criminal background check if:(1) The individual is employed as a peer support specialist or other similar position;(2) The individual …
Ark. Code Ann. § 20-77-136 Additional albuterol inhaler
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(a) Annually in the month of August, the Arkansas Medicaid Program shall cover the cost of one (1) additional albuterol inhaler for a Medicaid beneficiary who has been prescribed an albuterol inhaler and who is under eighteen (18) years of age. (b) The Department of Human Service…
Ark. Code Ann. § 20-77-137 Ridesharing application — Medicaid reimbursement — Definition
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(a) As used in this section, “ridesharing application” means an online application that connects a passenger with a driver who is licensed under the Transportation Network Company Services Act, § 23-13-701 et seq., for a fee. (b) The Arkansas Medicaid Program may reimburse for th…
Ark. Code Ann. § 20-77-138 Medications approved by United States Food and Drug Administration for tobacco cessation coverage
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(a) The Department of Human Services shall ensure that the Arkansas Medicaid Program covers medications approved by the United States Food and Drug Administration for tobacco cessation, including without limitation:(1) Nicotine replacement therapy patches;(2) Nicotine replacement…
Ark. Code Ann. § 20-77-139 Elimination of waiting list
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(a) The Department of Human Services shall eliminate the waiting list as existing on March 1, 2019, for the Alternative Community Services Waiver Program, also known as the “Developmental Disabilities Waiver”, or successor program. (b) The department shall meet the requirements o…
Ark. Code Ann. § 20-77-140 Primary care provider for Arkansas Medicaid Program — Advanced practice registered nurse
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(a) (1) The Arkansas Medicaid Program shall recognize an advanced practice registered nurse licensed by the Arkansas State Board of Nursing for all purposes as a primary care provider authorized to carry out the duties of a primary care case manager, except as provided under subd…
Ark. Code Ann. § 20-77-1401 Title
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This subchapter shall be known and may be cited as the “Prescription Drug Access Improvement Act”.
Ark. Code Ann. § 20-77-1402 Purpose
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The purpose and intent of this subchapter is to authorize a Medicaid waiver to provide affordable prescription drugs for eligible persons sixty-five (65) years of age and over.
Ark. Code Ann. § 20-77-1403 Definitions
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(1) As used in this subchapter:(1) [Repealed.](2) “Medicaid” means the Arkansas program of medical assistance established under Title XIX of the Social Security Act;(3) “Prescription Drug Access Program” means the limited prescription drug benefit Medicaid waiver program establis…
Ark. Code Ann. § 20-77-1404 Prescription drug benefit Medicaid waiver
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(1) The Department of Human Services may apply to the Centers for Medicare & Medicaid Services for a limited prescription drug benefit Medicaid waiver for persons who:(1) Are sixty-five (65) years of age or over;(2) Have no prescription drug coverage; and(3) Have incomes and reso…
Ark. Code Ann. § 20-77-1405 Waiver application
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(1) Any waiver application submitted by the Department of Human Services shall include provisions for the department to:(1) (A) Establish an income eligibility standard not to exceed:(i) Eighty percent (80%) of the federal poverty guideline for the period July 1, 2001, through Ju…
Ark. Code Ann. § 20-77-141 Provision of behavioral and mental health services via telemedicine — Medicaid reimbursement
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(a) (1) The General Assembly finds that during the public health emergency caused by coronavirus 2019 (COVID-19), the Department of Human Services issued several memorandums authorizing certain reimbursement for behavioral and mental health services provided via telemedicine for …
Ark. Code Ann. § 20-77-142 Off-label use of drug treatment to treat pediatric acute-onset neuropsychiatric syndrome and pediatric autoimmune neuropsychiatric disorders associated with streptococcal infection
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(a) The General Assembly finds that:(1) Pediatric acute-onset neuropsychiatric syndrome, also known as “PANS”, is a clinically defined disorder characterized by the sudden onset of obsessive-compulsive symptoms or eating restrictions, accompanied by two (2) or more symptoms of ac…
Ark. Code Ann. § 20-77-143 Products and label expansions approved by the United States Food and Drug Administration
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(a) The General Assembly finds that:(1) The Arkansas Medicaid Program has historically delayed or denied access to new products and label expansions approved by the United States Food and Drug Administration during the time period after the products or label expansions have been …
Ark. Code Ann. § 20-77-144 Reimbursement for behavioral health services
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(a) The Arkansas Medicaid Program shall reimburse for behavioral health services that are provided in a federally qualified health center by at a minimum:(1) A clinical psychologist;(2) A licensed certified social worker;(3) A licensed professional counselor;(4) A licensed mental…
Ark. Code Ann. § 20-77-145 Vagus nerve stimulation therapy system device reimbursement rates
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(a) The Department of Human Services shall establish separate vagus nerve stimulation therapy system device reimbursement rates for all acute care hospitals that are Medicaid providers. (b) The vagus nerve stimulation therapy system device reimbursement rates for implantation of …