(a) The General Assembly recognizes that in order to provide for appropriate health care for all Arkansans:
(1) Personal care service providers are a vital component in the recovery from an illness or an injury;
(2) Sufficient personal care service providers should be available to meet the needs of all eligible recipients; and
(3) Personal care service providers should be allowed to provide in-home personal care service to eligible recipients twenty-four (24) hours a day and seven (7) days a week.
(b) It is the purpose of this subchapter to:
(1) Allow a private care agency to provide in-home personal care services twenty-four (24) hours a day and seven (7) days a week to eligible recipients;
(2) Provide for the reimbursement of the personal care services through Medicaid; and
(3) Authorize the Department of Human Services in its administration of the Arkansas Medicaid Program to set forth Medicaid provider participation requirements for a private care agency that will ensure sufficient available personal care service providers in order to meet the needs of all eligible recipients, including available in-home personal care services twenty-four (24) hours a day and seven (7) days a week.
(c) This subchapter does not supersede department rules that establish monthly benefit limits and prior authorization requirements.
(d) The department is not required to reimburse a private care agency for twenty-four-hour-a-day and seven-day-a-week personal care services.