Arkansas Code
Title 20 - Public Health and Welfare
Subtitle 5 - Social Services

§ 20-76-113. Promoting outcomes for the Transitional Employment Assistance Program and the Arkansas Work Pays Program - (a) The administration of the Transitional Employment Assistance Program and...

§ 20-76-114. Department of Human Services — Authority limited - The Department of Human Services shall not seek, apply for,...

§ 20-76-115. Federal resource limits for Supplemental Nutrition Assistance Program - (a) Unless required by federal law: (1) The resource limit...

§ 20-76-116. Targeted incentive and instruction program for the Supplemental Nutrition Assistance Program - (a) To the extent possible, the Department of Human Services...

§ 20-76-117. Child support — Supplemental Nutrition Assistance Program - The Department of Human Services shall require a custodial parent...

Subchapter 2 - Administration Generally

§ 20-76-201. Department of Human Services — Powers and duties - The Department of Human Services shall: (1) Administer assigned forms...

§ 20-76-202. Department of Human Services — Public assistance — Temporary funding - (a) (1) It is found and determined that the continued...

§ 20-76-204. County offices — Powers and duties - (a) The appropriate division of the Department of Human Services...

§ 20-76-207. Political activity - (a) (1) No officer or employee of the appropriate division...

§ 20-76-208. Legislative finding — Regional offices - (a) It is hereby found and determined by the Seventy-Seventh...

§ 20-76-209. Payment of certain contributions and withholdings by Department of Human Services generally - (a) The appropriate division of the Department of Human Services...

§ 20-76-210. Payment of certain contributions and withholdings — Certain nursing home care projects - (a) The appropriate division of the Department of Human Services...

§ 20-76-211. Secretary's office of Department of Human Services — Client Specific Emergency Services Revolving Fund Paying Account - (a) The Secretary's office of the Department of Human Services...

§ 20-76-212. Reimbursement rate to providers — Arkansas Medicaid Program - Notwithstanding any other provision in federal law or departmental commitment...

§ 20-76-213. Electronic benefit transfer system for food stamps - The Division of Medical Services of the Department of Human...

§ 20-76-214. Payment of certain contributions and withholdings — Transitional employment assistance - (a) The Department of Human Services is authorized to pay...

§ 20-76-215. [Deleted.] - A.C.R.C. Notes. Former § 20-76-215, regarding Administrative Services and the...

Subchapter 3 - Social Security Disability Determination

§ 20-76-301. State Department for Social Security Administration Disability Determination — Creation - There is created and established at the seat of government...

§ 20-76-302. State Department for Social Security Administration Disability Determination — Director — Bonds - (a) The executive head of the State Department for Social...

§ 20-76-303. State Department for Social Security Administration Disability Determination and director — Powers and duties - It shall be the function, power, and duty of the...

§ 20-76-304. Validation of contracts between State of Arkansas and United States - (a) Any executory contract or agreement, or applicable part thereof,...

§ 20-76-305. Federal Disability Determination Fund — Creation - There is created and established in the State Treasury a...

§ 20-76-306. Use of subpoenas in hearings on benefit determinations - (a) The Director of the State Department for Social Security...

Subchapter 4 - Grants of Assistance

§ 20-76-401. Eligibility generally — Transitional Employment Assistance Program - (a) (1) The Transitional Employment Assistance Program is created. (2)...

§ 20-76-402. Work activities — Definitions - (a) The Division of Workforce Services shall develop and describe...

§ 20-76-403. Application — Fraud - (a) The application for assistance shall contain a statement of...

§ 20-76-404. Duration of assistance — Extended support services - (a) (1) The Division of Workforce Services shall not provide...

§ 20-76-405. Diversion from assistance - (a) When an applicant applies for employment assistance, the Department...

§ 20-76-407. Micro-lending program and individual development accounts - (a) (1) In accordance with their personal responsibility agreement, low-income...

§ 20-76-408. Appeal to Department of Human Services - If an application for assistance is denied in whole or...

§ 20-76-409. Opt out - The State of Arkansas opts out of Section 115 of...

§ 20-76-410. Administrative sanctions — Transitional employment assistance - (a) A reduction in financial assistance or case closure shall...

§ 20-76-412. Abandonment — Duties of Department of Human Services - Whenever any person makes an application for Transitional Employment Assistance...

§ 20-76-418. Foster care — Reduction in long-term care - (a) It shall be the goal of the State of...

§ 20-76-419. Blind persons generally - (a) Assistance grants shall be given under this act to...

§ 20-76-420. Blind persons — Choice of eye care - (a) No state official, employee of the Department of Human...

§ 20-76-421. Aged and blind persons generally - (a) The appropriate division of the Department of Human Services...

§ 20-76-423. Aged, blind, and disabled — Supplemental Security Income — Legislative intent - It was the intent of the Sixty-Ninth General Assembly that...

§ 20-76-429. Receipt of additional property or income by assistance recipient - (a) If at any time during the continuance of assistance...

§ 20-76-431. Transfer of property prohibited - (a) No person shall, at any time during the continuance...

§ 20-76-432. Removal to another county - (a) Any recipient of assistance who is moved, moves, or...

§ 20-76-433. Records — Confidentiality - (a) (1) (A) Records identifying persons participating in programs administered...

§ 20-76-434. Maintenance of list of recipients - (a) In order to ensure that the needy citizens of...

§ 20-76-435. No entitlement to assistance - (a) This chapter shall not be interpreted to entitle any...

§ 20-76-436. Recovery of benefits from recipients' estates - (a) (1) Federal or state benefits in cash or in...

§ 20-76-437. Reporting — Transitional employment assistance - The Department of Human Services, the Division of Workforce Services,...

§ 20-76-438. Purpose - (a) (1) The General Assembly finds that it is important...

§ 20-76-439. Self-sufficiency — Assessments, personal responsibility agreements, and supportive services - (a) (1) At the time of application for transitional employment...

§ 20-76-443. Education and training - (a) (1) The Department of Human Services and the Division...

§ 20-76-444. Arkansas Work Pays Program — Created — Duties - (a) (1) There is created the Arkansas Work Pays Program....

§ 20-76-445. Career Pathways Initiative — Findings - (a) The General Assembly finds that: (1) Higher education credentials...

§ 20-76-446. Community Investment Initiative - (a) (1) There is created the Community Investment Initiative. (2)...

Subchapter 7 - Drug Screening and Testing Act of 2015

§ 20-76-701. Title - This act shall be known and may be cited as...

§ 20-76-702. Definitions - As used in this subchapter: (1) “Caretaker relative” means any...

§ 20-76-703. Administration - (a) (1) Subject to state appropriation, the Division of Workforce...

§ 20-76-704. Powers and duties - (a) The Division of Workforce Services, in coordination with the...

§ 20-76-705. Standards in drug screening and testing pilot program - The drug screening and testing program shall include without limitation:...

§ 20-76-706. Information regarding drug testing - (a) All information, interviews, reports, statements, memoranda, and drug test...

§ 20-76-707. Positive drug test result not a disability - An applicant or recipient who receives a positive result on...

§ 20-76-708. Rulemaking authority - (a) The Director of the Division of Workforce Services, in...

§ 20-76-709. Effective date - This subchapter shall be effective no later than December 31,...

Subchapter 8 - Employment Opportunities for Able-Bodied Adults Act of 2019

§ 20-76-801. Title - This subchapter shall be known and may be cited as...

§ 20-76-802. Legislative findings and intent - (a) The General Assembly finds that: (1) Arkansas has made...

§ 20-76-803. Employment and training program requirement - The Department of Human Services shall require an able-bodied adult...

§ 20-76-804. Reporting requirement - (a) The Department of Human Services shall report the department's...

Chapter 77 - Medical Assistance

Subchapter 1 - General Provisions

§ 20-77-101. Cost-sharing charges for medically indigent — Legislative intent - (a) It is the intent of the General Assembly that...

§ 20-77-102. Program for long-term care facility care - (a) The appropriate division of the Department of Human Services...

§ 20-77-103. Compacts with certain out-of-state hospitals — Definition - (a) The Governor is authorized to enter into compacts or...

§ 20-77-104. Double billing — Legislative intent - (a) It is the specific intent of this section and...

§ 20-77-105. Double billing — Suspension of medical services provider from Arkansas Medicaid Program - (a) Any provider of medical services which shall be determined...

§ 20-77-106. Medical services program for Medicaid-eligible patients of Arkansas Children's Hospital - (a) The Arkansas Children's Hospital, as recognized by § 20-78-102,...

§ 20-77-107. Program for indigent medical care — Rules - (a) (1) The appropriate division of the Department of Human...

§ 20-77-108. Furnishing of annual audit by nonprofit Medicaid providers - (a) Every nonprofit corporation, except those licensed under § 20-9-201...

§ 20-77-109. Medicaid assistance for children — Effect on child support - (a) By accepting Medicaid assistance for or on behalf of...

§ 20-77-110. Increase in reimbursement rate - Notwithstanding any other provision in federal law or departmental commitment...

§ 20-77-111. Data reports - (a) The Secretary of the Department of Human Services shall...

§ 20-77-115. Personal care reimbursement rates - Personal care reimbursement rates shall be established at twelve dollars...

§ 20-77-119. Finding — Resource eligibility limit - (a) The General Assembly finds that: (1) The income of...

§ 20-77-121. Adverse decisions — Notice — Rights — Definitions - (a) As used in this section: (1) “Adverse action” means...

§ 20-77-122. Survey agency for psychiatric residential treatment facilities of children - (a) To the extent required by federal law, the Division...

§ 20-77-123. Drugs for asthma and other respiratory diseases — Definitions - (a) As used in this section: (1) “Drug Review Committee”...

§ 20-77-124. Medicaid waiver for autism — Definitions - (a) As used in this section: (1) “Autism spectrum disorder”...

§ 20-77-125. Contingency fee audits prohibited — Definitions - (a) As used in this section: (1) “Healthcare provider” means...

§ 20-77-126. Relation to Arkansas Pharmacy Audit Bill of Rights - (a) From and after the date that a state plan...

§ 20-77-127. Eligibility for long-term care - (a) The eligibility determination regarding every applicant for long-term care...

§ 20-77-128. In-home caregiver drug tests and criminal background checks — Definition - (a) As used in this section, “caregiver” means an individual...

§ 20-77-129. Ambulatory surgery centers — Medicaid reimbursement — Definitions - (a) As used in this section: (1) “Ambulatory surgery center”...

§ 20-77-130. Medicaid provider tax returns — Definition - (a) As used in this section, “affected Medicaid entity” means...

§ 20-77-131. Determination that a Medicaid provider is out of business — Definition - (a) As used in this section, “entity” means: (1) A...

§ 20-77-132. Diagnosis-related group methodology for hospitals — Definition - (a) As used in this section, “diagnosis-related group methodology” means...

§ 20-77-133. Walk-in clinic and emergent care clinic — Medicaid reimbursement — Definitions - (a) As used in this section: (1) “Emergent care clinic”...

§ 20-77-134. Direct access to chiropractic physicians - (a) On or before January 1, 2018, the Department of...

§ 20-77-135. Peer support specialist - The Department of Human Services shall not disqualify or exclude...

§ 20-77-136. Additional albuterol inhaler - (a) Annually in the month of August, the Arkansas Medicaid...

§ 20-77-137. Ridesharing application — Medicaid reimbursement — Definition - (a) As used in this section, “ridesharing application” means an...

§ 20-77-138. Medications approved by United States Food and Drug Administration for tobacco cessation coverage - (a) The Department of Human Services shall ensure that the...

§ 20-77-139. Elimination of waiting list - (a) The Department of Human Services shall eliminate the waiting...

Subchapter 3 - Third-Party Liability

§ 20-77-301. Action by Department of Human Services - (a) (1) When medical assistance benefits are provided or will...

§ 20-77-302. Action by recipient alone — Reimbursement of division - (a) When an action or claim is brought by a...

§ 20-77-303. Action by division and recipient - (a) If an action is prosecuted both by the medical...

§ 20-77-304. Notice of action or claim — Intervention or consolidation - (a) (1) If either the medical assistance recipient or the...

§ 20-77-305. Notice to Department of Human Services of award or settlement by recipient required - (a) A judgment, an award, or a settlement in any...

§ 20-77-306. Liability of third parties to Department of Human Services — Definitions - (a) As used in this section: (1) “Health insurer” means...

§ 20-77-307. Assignment to Department of Human Services of rights of recovery - (a) As a condition of eligibility, every Medicaid applicant shall...

§ 20-77-308. Release of information to Department of Human Services - All recipients of medical assistance under the Arkansas Medicaid Program...

§ 20-77-309. Denial or reduction of benefits — Insurance policies - No policy of accident or illness insurance issued or renewed...

§ 20-77-310. Denial or reduction of benefits — Service plan corporation contracts - After July 1, 1981, no service plan corporation shall deliver,...

§ 20-77-311. Denial or reduction of benefits — Healthcare providers - After July 1, 1981, no association authorized to do business...

§ 20-77-312. Denial or reduction of benefits — Provisions not applicable to Arkansas Medicaid Program - General exclusion or reduction provisions relating to benefits paid by...

§ 20-77-313. Billing statements - Billing statements forwarded to recipients of medical assistance by vendors...

§ 20-77-314. Definitions - As used in this subchapter: (1) “Action” or “claim” means...

§ 20-77-315. Distribution of proceeds from third-party settlement, judgment, or award or from other third-party payment - (a) The Department of Human Services is entitled to reimbursement...

Subchapter 4 - Prescription Drugs

§ 20-77-401. Purpose - The purpose of this subchapter is to allow for the...

§ 20-77-402. Continuation of program - (a) The Secretary of the Department of Human Services and...

§ 20-77-403. Fees paid to participating pharmacists - (a) The Secretary of the Department of Human Services and...

§ 20-77-404. Approval from United States Department of Health and Human Services - (a) The Secretary of the Department of Human Services and...

§ 20-77-405. Preference for generic drugs - Drugs dispensed under the Arkansas Medicaid Program provided for in...

Subchapter 5 - Eye Care

§ 20-77-501. Definition - For the purpose of this subchapter, unless the context otherwise...

§ 20-77-502. Applicability - (a) Nothing in this subchapter shall apply to any person...

§ 20-77-503. Practice of optometry not affected - Nothing in this subchapter shall be construed to enlarge or...

§ 20-77-504. Penalty - (a) Any person violating this subchapter shall be guilty of...

§ 20-77-505. Injunctions - (a) The circuit courts of this state having general equity...

§ 20-77-506. Right of freedom of choice - (a) Every person eligible for an eye examination, the payment...

§ 20-77-507. List of ocular practitioners - (a) When expending public money for any purpose involving human...

§ 20-77-508. Recommendation of individual practitioner unlawful and nuisance - The recommendation or naming of any particular ocular practitioner or...

Subchapter 7 - Special Needs Trust Revolving Fund

§ 20-77-701. Legislative intent - It is the intent of the General Assembly to provide...

§ 20-77-702. Definitions - As used in this subchapter: (1) “Allowable expense” means charges...

§ 20-77-703. Creation of Special Needs Trust Revolving Fund - (a) There is created in the State Treasury a revolving...

§ 20-77-704. Payment of trust funds - (a) The cotrustees of the Special Needs Trust Revolving Fund...

§ 20-77-705. Conditions for benefits — Changes in benefits - (a) Benefits shall not be awarded: (1) Unless the claim...

§ 20-77-706. Waiver of physician-patient privilege — Examinations and reports - (a) Any person filing a claim under the provisions of...

§ 20-77-707. Application forms — Cooperation by applicant - Each local office of the Department of Human Services shall...

§ 20-77-708. Confidential information - The following information, when submitted to the cotrustees of the...

§ 20-77-709. Powers of cotrustees of Special Needs Trust Revolving Fund — Logistical support - (a) (1) (A) The cotrustees of the Special Needs Trust...

§ 20-77-710. Annual report of cotrustees of Special Needs Trust Revolving Fund - The cotrustees of the Special Needs Trust Revolving Fund shall...

Subchapter 8 - Home Intravenous Drug Therapy Services

§ 20-77-801. Definitions - As used in this subchapter: (1) (A) “Home intravenous drug...

§ 20-77-802. Medicaid payment - (a) The Medicaid payment shall not exceed an amount equal...

§ 20-77-803. Physician clinical management fees - (a) The referring physician prescribing the home intravenous therapy shall...

§ 20-77-804. Limitation on acceptance of and payments for certain referrals - (a) Except as provided in subsection (b) of this section,...

§ 20-77-805. Administration of medication - When the home intravenous drug therapy medication must be administered...

§ 20-77-806. Sales and delivery - No person or entity shall sell intravenous drugs in this...

§ 20-77-807. Sanctions - No payment may be made under this subchapter for home...

§ 20-77-808. Exclusion - The provisions of this subchapter shall not be deemed to...

Subchapter 9 - Medicaid Fraud False Claims Act

§ 20-77-901. Definitions - As used in this subchapter: (1) “Arkansas Medicaid Program” means...

§ 20-77-902. Liability for certain acts - A person shall be liable to the State of Arkansas,...

§ 20-77-903. Restitution, damages, and civil penalties - (a) (1) It shall be unlawful for any person to...

§ 20-77-904. Investigation by Attorney General - (a) If the Attorney General has reasonable cause to believe...

§ 20-77-905. Order compelling testimony or production of evidence — Immunity — Contempt - (a) (1) (A) In any proceeding or investigation under this...

§ 20-77-906. Evidence — Disclosure - (a) If the Attorney General determines that disclosure to the...

§ 20-77-907. Records - (a) (1) A Medicaid provider or person providing healthcare goods...

§ 20-77-908. False claims jurisdiction — Procedure - (a) Any action under this subchapter may be brought in...

§ 20-77-909. Injunctions against fraud - (a) (1) Whenever it appears that any person is engaged...

§ 20-77-910. Suspension of violators - The Secretary of the Department of Human Services may suspend...

§ 20-77-911. Persons providing information regarding false Medicaid claims — Rewards - (a) The court is authorized to pay a person sums,...

§ 20-77-912. Funds for investigations and prosecutions - (a) Under this subchapter and the Medicaid Fraud Act, §...

Subchapter 10 - Donated Dental Services Program of Arkansas

§ 20-77-1001. Creation — Reporting requirement - (a) The Department of Human Services shall establish the Donated...

Subchapter 11 - ARKids First Program Act

§ 20-77-1101. Title - This subchapter shall be known and may be cited as...

§ 20-77-1102. Purpose - The purpose and intent of this subchapter is to establish...

§ 20-77-1103. Definitions - For purposes of this subchapter: (1) “Family” means a family...

§ 20-77-1104. Waiver — Rules — Definitions - (a) As used in this section: (1) (A) “Healthcare coverage”...

§ 20-77-1105. Funding - (a) Funding for the uninsured children's program shall be derived...

Subchapter 12 - Medicaid Program for Low-Income Disabled Working Persons

§ 20-77-1201. Title - This subchapter shall be known and may be cited as...

§ 20-77-1202. Purpose - The purpose and intent of this subchapter is to establish...

§ 20-77-1203. Definitions - As used in this subchapter, unless the context otherwise requires:...

§ 20-77-1204. Administration — Regulation - (a) The Department of Human Services is authorized to apply...

§ 20-77-1205. Funding - (a) Funding for the low-income disabled working person category of...

Subchapter 13 - Medical Assistance Programs Integrity Law

§ 20-77-1301. Title - This subchapter may be cited as the “Medical Assistance Programs...

§ 20-77-1302. Legislative intent and purpose - (a) This subchapter is enacted to combat and prevent fraud...

§ 20-77-1303. Definitions - As used in this subchapter, the following terms shall have...

§ 20-77-1304. Claims review and administrative sanctions - (a) (1) Pursuant to rules promulgated in accordance with the...

§ 20-77-1305. Settlement - The Secretary of the Department of Human Services may agree...

Subchapter 14 - Prescription Drug Access Improvement Act

§ 20-77-1401. Title - This subchapter shall be known and may be cited as...

§ 20-77-1402. Purpose - The purpose and intent of this subchapter is to authorize...

§ 20-77-1403. Definitions - As used in this subchapter: (1) [Repealed.] (2) “Medicaid” means...

§ 20-77-1404. Prescription drug benefit Medicaid waiver - The Department of Human Services may apply to the Centers...

§ 20-77-1405. Waiver application - Any waiver application submitted by the Department of Human Services...

Subchapter 15 - Community-Based Healthcare Access Programs

§ 20-77-1501. Legislative findings and intent - (a) The General Assembly finds that: (1) The State of...

§ 20-77-1502. Definitions - As used in this subchapter: (1) “Community-based” means based in,...

§ 20-77-1503. Program administration — Member agreements — Definition - (a) A community-based health cooperative shall administer a community-based healthcare...

§ 20-77-1504. Coordination with local health education center programs - Whenever feasible, community-based health cooperatives shall participate actively with area...

§ 20-77-1505. Donations by community-based health cooperatives - A community-based health cooperative may make donations for the public...

§ 20-77-1506. Program report - (a) In order to demonstrate community-based healthcare access program viability...

§ 20-77-1507. Community-based health cooperatives' activity deemed not to be practice of medicine - No community-based health cooperative shall be deemed to be engaged...

§ 20-77-1508. Immunity and liability - No liability on the part of and no cause of...

§ 20-77-1509. Community-based health cooperative deemed not to be public utility or regulated industry - (a) (1) Community-based health cooperatives shall not be considered or...

Subchapter 17 - Medicaid Fairness Act

§ 20-77-1701. Legislative findings and intent - (a) The General Assembly finds that: (1) Healthcare providers who...

§ 20-77-1702. Definitions - As used in this subchapter: (1) “Abuse” means a pattern...

§ 20-77-1703. Recoupment - (a) (1) The Department of Human Services shall not use...

§ 20-77-1704. Provider administrative appeals allowed - (a) The General Assembly finds it necessary to: (1) Clarify...

§ 20-77-1705. Explanations for adverse decisions required - Each denial or other deficiency that the Department of Human...

§ 20-77-1706. Reimbursement at an alternate level instead of complete denial - (a) (1) (A) Subject to § 20-77-1707 for retrospective reviews,...

§ 20-77-1707. Prior authorizations — Retrospective reviews - If the Department of Human Services requires a provider to...

§ 20-77-1708. Medical necessity - (a) There is a presumption in favor of the medical...

§ 20-77-1709. Promulgation before enforcement - (a) The Department of Human Services may not use state...

§ 20-77-1710. Delivery of files - (a) If the Department of Human Services makes an adverse...

§ 20-77-1711. Copies of records to be supplied to department — Exception - (a) Except as provided in subsection (b) of this section,...

§ 20-77-1712. Notices - When the Department of Human Services sends letters or other...

§ 20-77-1713. Deadlines - (a) The Department of Human Services may not issue a...

§ 20-77-1714. Hospital claims - (a) When more than one (1) hospital provides services to...

§ 20-77-1715. Federal law - (a) If any provision of this subchapter is found to...

§ 20-77-1716. Promulgation of rules - The Department of Human Services may promulgate rules to implement...

§ 20-77-1717. Timelines for audits - (a) If a Medicaid provider audit by the federal Medicaid...

§ 20-77-1718. Termination — Appeals - (a) A Medicaid provider that is aggrieved by an adverse...

Subchapter 18 - Arkansas Long-Term Care Partnership Program

§ 20-77-1801. Findings - The General Assembly finds that in order to alleviate the...

§ 20-77-1802. Definitions - As used in this subchapter: (1) “Long-term care facility” means...

§ 20-77-1803. Arkansas Long-Term Care Partnership Program — Created - (a) The Arkansas Long-Term Care Partnership Program is created within...

§ 20-77-1804. Applicability - This subchapter does not supersede the obligations under the Long-Term...

§ 20-77-1805. Continuity of asset protection - If this subchapter is repealed, any Medicaid asset protection afforded...

Subchapter 19 - Assessment Fee on Hospitals to Improve Healthcare Access

§ 20-77-1901. Definitions - As used in this subchapter: (1) “Division” means the Division...

§ 20-77-1902. Assessment - (a) (1) An assessment is imposed on each hospital except...

§ 20-77-1903. Program administration - (a) The Director of the Division of Medical Services of...

§ 20-77-1904. Hospital Assessment Account - (a) (1) There is created within the Arkansas Medicaid Program...

§ 20-77-1905. Exemptions - (a) The following hospitals shall be exempt from the assessment...

§ 20-77-1906. Quarterly notice and collection - (a) (1) The annual assessment imposed under § 20-77-1902 shall...

§ 20-77-1907. Notice of assessment - (a) (1) The Division of Medical Services of the Department...

§ 20-77-1908. Medicaid hospital access payments - (a) To preserve and improve access to hospital services, for...

§ 20-77-1909. Effectiveness and cessation - (a) The assessment imposed under § 20-77-1902 shall cease to...

§ 20-77-1910. State plan amendment - (a) The Division of Medical Services of the Department of...

Subchapter 20 - ARKids First Medical Assistance Programs Enrollment and Retention Improvement Program

§ 20-77-2001. Findings - The General Assembly finds that: (1) Almost two-thirds (2/3) of...

§ 20-77-2002. Administration - (a) In administering the ARKids First A and B programs,...

§ 20-77-2003. ARKids First enrollment and renewals - (a) The Department of Human Services shall perform the initiatives...

Subchapter 21 - Medicaid Eligibility Verification System

§ 20-77-2102. Medicaid Eligibility Verification System — Definitions - (a) The Department of Human Services shall establish and maintain...

Subchapter 22 - Healthcare Quality and Payment Policy Advisory Committee

§ 20-77-2201. Title - This subchapter shall be known and may be cited as...

§ 20-77-2202. Definitions - As used in this subchapter: (1) “Data, records, reports, and...

§ 20-77-2203. Healthcare Quality and Payment Policy Advisory Committee — Created — Membership - (a) The Healthcare Quality and Payment Policy Advisory Committee is...

§ 20-77-2204. Purpose - The purpose of the Healthcare Quality and Payment Policy Advisory...

§ 20-77-2205. Medicaid payment and reimbursement rules related to development of episodes of care - (a) (1) The Department of Human Services shall not adopt...

§ 20-77-2206. Powers and duties of Healthcare Quality and Payment Policy Advisory Committee - The Healthcare Quality and Payment Policy Advisory Committee shall: (1)...

§ 20-77-2207. Confidentiality - (a) To the extent that the data, records, reports, and...

Subchapter 23 - Home Caregiver Training

§ 20-77-2301. Findings — Intent - (a) The General Assembly finds that: (1) Although a direct-care...

§ 20-77-2302. Definitions - As used in this subchapter: (1) “Caregiver services” means services...

§ 20-77-2303. Training requirement - (a) A person who applies for employment to provide caregiver...

§ 20-77-2304. Exemptions - An individual may provide caregiver services without the training required...

§ 20-77-2305. Rules - The Department of Health shall adopt rules to implement this...

Subchapter 25 - Office of Medicaid Inspector General

§ 20-77-2501. Purpose - The purpose of this subchapter is to: (1) Consolidate staff...

§ 20-77-2502. Definitions - As used in this subchapter: (1) (A) “Abuse” means provider...

§ 20-77-2503. Office of Medicaid Inspector General — Created - The Office of Medicaid Inspector General is created within the...

§ 20-77-2504. Medicaid Inspector General — Appointment — Qualifications - (a) (1) The Medicaid Inspector General shall be appointed by...

§ 20-77-2505. Office of Medicaid Inspector General — Powers and duties - The Office of Medicaid Inspector General shall: (1) Prevent, detect,...

§ 20-77-2506. Medicaid Inspector General — Duties - The Medicaid Inspector General shall, in consultation with the Secretary...

§ 20-77-2507. Cooperation of agency officials and employees - (a) (1) The Medicaid Inspector General shall request information, assistance,...

§ 20-77-2508. Transfer of duties and resources - (a) The duties, functions, records, personnel, property, unexpended balances of...

§ 20-77-2509. Reports required of Medicaid Inspector General — Definition - (a) The Medicaid Inspector General shall, no later than October...

§ 20-77-2510. Department of Human Services consultation with Office of Medicaid Inspector General - (a) The Department of Human Services shall consult with the...

§ 20-77-2511. Provider compliance program - (a) The General Assembly finds that: (1) Medical assistance providers...

§ 20-77-2512. Applicability of Medicaid Fairness Act - The Medicaid Fairness Act, § 20-77-1701 et seq., applies to...

§ 20-77-2513. Enterprise Fraud Program - (a) To realize savings to the Arkansas Medicaid Program and...

Subchapter 26 - Arkansas Lay Caregiver Act

§ 20-77-2601. Title - This act shall be known and may be cited as...

§ 20-77-2602. Definitions - As used in this subchapter: (1) “Aftercare” means assistance that:...

§ 20-77-2603. Designation of caregiver - (a) (1) A hospital shall provide each patient or, if...

§ 20-77-2604. Compensation to caregiver - (a) A caregiver designated under this subchapter shall not accept...

§ 20-77-2605. Notification to caregiver - (a) If a patient has designated a caregiver, the hospital...

§ 20-77-2606. Consultation with caregiver — Discharge plan - (a) (1) As soon as practicable before the discharge of...

§ 20-77-2607. Construction — Immunity - (a) This subchapter shall not: (1) Confer upon the caregiver...

Subchapter 27 - Medicaid Provider-Led Organized Care Act

§ 20-77-2701. Title - This subchapter shall be known and may be cited as...

§ 20-77-2702. Legislative intent and purpose - (a) As the single state agency for administration of the...

§ 20-77-2703. Definitions - As used in this subchapter: (1) “Associated participant” means an...

§ 20-77-2704. Licensure by Insurance Commissioner - (a) The Insurance Commissioner may license for participation in the...

§ 20-77-2705. Excluded services - (a) Except as provided in subsection (b) of this section,...

§ 20-77-2706. Characteristics and duties of risk-based provider organization - (a) A risk-based provider organization shall: (1) Be authorized to...

§ 20-77-2707. Reporting and performance measures - (a) (1) On a quarterly basis, a risk-based provider organization...

§ 20-77-2708. Waiver and rulemaking authority - The Department of Human Services: (1) Shall submit an application...

Subchapter 28 - Assessment Fee and Program on Medical Transportation Providers

§ 20-77-2801. Legislative findings and intent - (a) The General Assembly finds that: (1) Emergency medical services...

§ 20-77-2802. Definitions - As used in this subchapter: (1) “Air ambulance services” means...

§ 20-77-2803. Medical transportation provider assessment - (a) (1) Except as provided in this subchapter, an assessment...

§ 20-77-2804. Program administration - (a) The Director of the Division of Medical Services of...

§ 20-77-2805. Medical Transportation Assessment Account - (a) (1) There is created within the Arkansas Medicaid Program...

§ 20-77-2806. Exemptions - (a) The following medical transportation providers are exempt from the...

§ 20-77-2807. Quarterly notice and collection - (a) (1) The annual medical transportation provider assessment imposed under...

§ 20-77-2808. Notice of assessment - (a) (1) The Division of Medical Services of the Department...

§ 20-77-2809. Emergency medical transportation access payments - (a) To preserve and improve access to medical transportation services,...

§ 20-77-2810. Effectiveness — Cessation - (a) The medical transportation provider assessment imposed under § 20-77-2803...

§ 20-77-2811. State plan amendment - (a) The Division of Medical Services of the Department of...

Chapter 78 - Child Care

Subchapter 1 - General Provisions

§ 20-78-101. Family planning information for parents of children in state custody - (a) The Department of Human Services shall provide informational materials,...

§ 20-78-102. Arkansas Children's Hospital — Annual report - In order to provide accountability to the citizens of Arkansas...

§ 20-78-103. State or federal funds — Licensing requirements - (a) The Department of Human Services shall not expend any...

§ 20-78-104. Child Health and Family Life Institute - (a) (1) The Child Health and Family Life Institute shall...

§ 20-78-105. Children's advocacy centers — Legislative intent - (a) Currently, sexually abused children often have to describe their...

§ 20-78-106. Availability of records from children's advocacy centers during investigation of suspected cases of child abuse or neglect - (a) Reports, correspondence, memoranda, case histories, medical records, or other...

§ 20-78-107. Criminal background checks for employees of private businesses that provide short-term child care for patrons — Definition - (a) A private business that provides short-term child care for...

§ 20-78-108. University of Arkansas for Medical Sciences — Building Effective Services for Trauma — Report - The University of Arkansas for Medical Sciences shall report quarterly...

Subchapter 2 - Childcare Facility Licensing Act

§ 20-78-201. Title - This subchapter shall be known and cited as the “Childcare...

§ 20-78-202. Definitions - As used in this subchapter, unless the context otherwise requires:...

§ 20-78-203. Penalties - (a) (1) Any person violating any provisions of this subchapter...

§ 20-78-204. Injunction - When any person, partnership, group, corporation, organization, or association shall...

§ 20-78-205. Division of Child Care and Early Childhood Education - (a) There is created the Division of Child Care and...

§ 20-78-206. Division of Child Care and Early Childhood Education — Rules - (a) (1) (A) The Division of Child Care and Early...

§ 20-78-207. Declaratory judgments on licensing rules - Any rule promulgated by the Division of Child Care and...

§ 20-78-208. Unlicensed childcare facility unlawful - (a) It shall be unlawful for any person, partnership, group,...

§ 20-78-209. License — Religious exception — Definitions - (a) Any church or group of churches exempt from the...

§ 20-78-210. License — Application and issuance - (a) Any person, partnership, group, corporation, organization, or association desiring...

§ 20-78-211. License — Provisional - (a) If the Division of Child Care and Early Childhood...

§ 20-78-212. License — Nontransferability - (a) A license for a childcare facility shall apply only...

§ 20-78-213. License — Denial, revocation, or suspension - (a) The Division of Child Care and Early Childhood Education...

§ 20-78-214. Inspections and investigations of childcare facilities and personnel — Child abuse - (a) The Division of Child Care and Early Childhood Education...

§ 20-78-215. Child sexual abuse — Federal funds — Legislative intent - (a) (1) By the enactment of this section, it is...

§ 20-78-216. Records and reports - The Division of Child Care and Early Childhood Education may...

§ 20-78-217. Smoking prohibited — Legislative intent - (a) Whereas, health authorities have established that smoking is not...

§ 20-78-218. Administration of subchapter - The Division of Child Care and Early Childhood Education shall...

§ 20-78-219. Fines and penalties — Disposition of funds - (a) If any licensee fails to pay any monetary fine...

§ 20-78-220. Persons or facilities abusing juveniles in their custody - (a) If a juvenile is found to be abused or...

§ 20-78-221. Voluntary registration - (a) Registry. There shall be created a voluntary registry of...

§ 20-78-222. Continuing education - (a) (1) All persons employed by a childcare facility who...

§ 20-78-223. License fees — Disposition - (a) The Division of Child Care and Early Childhood Education...

§ 20-78-224. Child Care Fund - (a) There is established on the books of the Treasurer...

§ 20-78-225. Child safety alarm devices - (a) All agencies or childcare facilities licensed by the Department...

§ 20-78-226. Violation - (a) It shall be unlawful to transport children in a...

§ 20-78-227. General liability insurance coverage required - (a) The purpose of this section is to enhance safe...

§ 20-78-228. Childcare facility floor plan on file with emergency management coordinator — Definition - (a) (1) As used in this section, “floor plan” means...

Subchapter 3 - Agreements with Adjoining States

§ 20-78-301. Purpose - It is the purpose of this subchapter to permit the...

§ 20-78-302. Authority to enter agreements - Subject to the conditions and limitations contained in this subchapter,...

§ 20-78-303. Requirements of agreements - Every agreement or contract entered into in accordance with this...

§ 20-78-304. Attorney General approval - Every agreement made hereunder shall, before and as a condition...

§ 20-78-305. Status of agreements - Every agreement or contract entered into pursuant to this subchapter...

Subchapter 5 - Early Childhood Commission

§ 20-78-501. Creation — Composition — Meetings - (a) (1) There is hereby established the Arkansas Early Childhood...

§ 20-78-502. Duties — Assistance - (a) The Arkansas Early Childhood Commission shall have the following...

§ 20-78-503. Arkansas Child Care Facilities Loan Guarantee Trust Fund - (a) There is established a cash fund account of the...

§ 20-78-504. Moneys for Arkansas Child Care Facilities Loan Guarantee Trust Fund - (a) (1) After providing for the exclusion of the interest...

§ 20-78-505. Loan guarantees — Annual report - (a) The Division of Child Care and Early Childhood Education...

§ 20-78-506. Criteria for grant approval - The Division of Child Care and Early Childhood Education of...

Subchapter 6 - Background Checks of Childcare Facility Licensees and Employees

§ 20-78-606. Criminal history records checks required — Definitions - (a) As used in this section: (1) “Registry records check”...

Subchapter 7 - Prenatal and Early Childhood Nurse Home Visitation Program

§ 20-78-701. Legislative declaration - The General Assembly hereby finds that, in order to adequately...

§ 20-78-702. Creation — Duties and powers - (a) The Rita Rowell Hale Prenatal and Early Childhood Nurse...

§ 20-78-703. Rita Rowell Hale Prenatal and Early Childhood Nurse Home Visitation Program Advisory Council - (a) There is created the Rita Rowell Hale Prenatal and...

§ 20-78-704. Freedom of Information Act — Exemption - The Rita Rowell Hale Prenatal and Early Childhood Nurse Home...

§ 20-78-705. Patient records - (a) All institutions receiving state or federal support and with...

§ 20-78-706. Limitation - Nothing performed pursuant to this subchapter shall be deemed to...

§ 20-78-707. Referrals — Findings - (a) Any physician, clinic, person, or organization may provide information...

§ 20-78-708. Funding - The Secretary of the Department of Health is authorized to...

Subchapter 8 - Birth Through Prekindergarten Teaching Credential and Endorsement

§ 20-78-801. Credential and endorsement — Definition - (a) (1) A person teaching in a public early childhood...

§ 20-78-802. Minimum requirements for a teaching credential - The Division of Child Care and Early Childhood Education of...

§ 20-78-803. Professional development - A person holding a birth through prekindergarten teaching credential under...

§ 20-78-804. Monitoring and assessment - The Division of Child Care and Early Childhood Education of...

§ 20-78-805. Core courses - In consultation with the Division of Child Care and Early...

Chapter 79 - Rehabilitation Services

Subchapter 1 - General Provisions

§ 20-79-102. Caseworkers for the blind - The deputy director of the appropriate division of the Department...

Subchapter 2 - Rehabilitation Act of Arkansas

§ 20-79-201. Title - This subchapter may be cited as the “Rehabilitation Act of...

§ 20-79-202. Policy - (a) (1) It is declared to be the policy of...

§ 20-79-203. Definitions - As used in this subchapter, unless the context otherwise requires:...

§ 20-79-204. Deputy director - (a) Arkansas Rehabilitation Services shall be administered, under the general...

§ 20-79-205. Administration - The deputy director of the Division of Workforce Services shall...

§ 20-79-206. Operation of rehabilitation facilities - (a) Arkansas Rehabilitation Services is authorized to utilize funds made...

§ 20-79-207. Cooperative agreements - The Division of Workforce Services, through Arkansas Rehabilitation Services, is...

§ 20-79-208. Ownership, exchange, and sale of equipment - (a) The Arkansas Rehabilitation Services is authorized to retain title...

§ 20-79-209. Acceptance and use of gifts - The division is authorized and empowered to accept and use...

§ 20-79-210. Receipt and disbursement of rehabilitation funds - (a) The Treasurer of State is designated as custodian of...

§ 20-79-211. Appropriations - (a) Budget estimates of the amount of appropriations needed each...

§ 20-79-212. Limitation of political activity by officer or employee - (a) No officer or employee engaged in the administration of...

§ 20-79-213. Eligibility for rehabilitation services - (a) Rehabilitation services shall be provided to any individual with...

§ 20-79-214. Nonassignability and exemption from claims of creditors of maintenance - The right of individuals with a disability to maintenance under...

§ 20-79-215. Hearings - Any individual applying for or receiving rehabilitation who is aggrieved...

§ 20-79-216. Use of Arkansas Rehabilitation Services information prohibited — Exception - It shall be unlawful, except for purposes directly connected with...

Subchapter 3 - Technology Equipment Revolving Loan Fund

§ 20-79-301. Committee — Establishment — Members - (a) (1) There is created the Technology Equipment Revolving Loan...

§ 20-79-302. Committee — Meetings — Rules and regulations - (a) The Technology Equipment Revolving Loan Fund Committee shall meet...

§ 20-79-303. Technology Equipment Revolving Loan Fund — Administration - (a) Arkansas Rehabilitation Services shall administer the Technology Equipment Revolving...

Subchapter 4 - Telecommunications Devices

§ 20-79-401. Statewide program established - (a) (1) Arkansas Rehabilitation Services is hereby directed to establish,...

§ 20-79-402. Eligibility - (a) In order for a person to be eligible for...

§ 20-79-403. Ownership of equipment — Telecommunications Equipment Fund - (a) (1) Equipment purchased under this subchapter shall remain the...

Chapter 80 - Community Services

Subchapter 2 - Older Worker Community Service Employment Act

§ 20-80-201. Title - This subchapter may be cited as the “Older Worker Community...

§ 20-80-202. Purpose - (a) In order to foster and promote useful part-time employment...

§ 20-80-203. Definitions - As used in this subchapter: (1) “Community service” means social,...

§ 20-80-204. Administration of program - To implement this subchapter, the Division of Aging, Adult, and...

§ 20-80-205. Program standards and procedures - (a) In the development and implementation of the Older Worker...

Subchapter 3 - Community Service and Community Action Program Act of 1985

§ 20-80-301. Title - This subchapter shall be known as the “Community Service and...

§ 20-80-302. Purpose - (a) The purpose of this subchapter is to encourage nonprofit...

§ 20-80-303. Exception - Nothing in this subchapter is intended to change or in...

§ 20-80-304. Recognition of agencies generally — Establishment of financial assistance - In furtherance of the purposes of this subchapter, the General...

§ 20-80-305. Recognition of specific agencies — Jurisdiction - The General Assembly recognizes as community action agencies and their...

§ 20-80-306. Recognition of specific agencies — Change of boundaries and number - The appropriate division of the Department of Human Services is...

§ 20-80-307. Recognition of representative organizations - (a) The governing boards of directors of the nineteen (19)...

§ 20-80-309. Funding — Appropriations — Permitted use of funds - (a) The appropriate division of the Department of Human Services...

§ 20-80-310. Funding — Notification by General Assembly — Application - (a) Whenever the General Assembly has appropriated funds in order...

§ 20-80-311. Funding — Antipoverty programs - State funds appropriated by the General Assembly to the appropriate...

§ 20-80-312. Funds transfer to Weatherization Assistance Program - The Department of Human Services shall transfer annually to the...

Subchapter 4 - Commissioner of State Lands Urban Homestead Act

§ 20-80-401. Title - This subchapter shall be known as the “Commissioner of State...

§ 20-80-402. Purpose - (a) This subchapter shall apply only to urban property and...

§ 20-80-403. Definitions - As used in this subchapter, unless the context otherwise requires:...

§ 20-80-404. Duties of Commissioner of State Lands - (a) All land subject to donation under this subchapter must...

§ 20-80-405. Applications for donations - (a) (1) Applications for donation may be made by the...

§ 20-80-406. Disposition of applications — Prior municipal approval - (a) The Commissioner of State Lands may accept, modify, or...

§ 20-80-407. Contracts or deeds - (a) (1) Accepted applications will result in a contract or...

§ 20-80-408. Taxes — Liens — Encumbrances - (a) With execution of the donation deed, the Commissioner of...

§ 20-80-409. Title transfer — Consideration — Costs - (a) No consideration shall be required for the transfer of...

§ 20-80-410. Development - (a) (1) Development of the donated parcel shall be strictly...

§ 20-80-411. Restrictions — Taxes - (a) The applicant is responsible for transferring the donated parcel...

Chapter 81 - Veterans' Affairs

§ 20-81-101. Arkansas Veterans' Child Welfare Service - (a) (1) There is established the Arkansas Veterans' Child Welfare...

§ 20-81-104. Arkansas Veterans' Commission - (a) The Arkansas Veterans' Commission is established to: (1) Serve...

§ 20-81-105. Veterans' homes - (a) The Department of Veterans Affairs is authorized to establish...

§ 20-81-106. County programs - (a) (1) The Department of Veterans Affairs is authorized to...

§ 20-81-107. Gifts, volunteer services, etc - (a) The Secretary of the Department of Veterans Affairs is...

§ 20-81-108. Action by municipal governing bodies - (a) County quorum courts, city councils, and other municipal governing...

§ 20-81-109. Cooperation of other state agencies - It shall be the duty of all state, county, and...

§ 20-81-111. Entitlement of all veterans to privileges - The soldiers, sailors, and Marines who were disabled in military...

§ 20-81-112. State veterans' cemetery system - (a) The Department of Veterans Affairs is authorized to establish...

§ 20-81-113. Uniform data collection system - (a) The Department of Veterans Affairs may establish a uniform...

Chapter 82 - Victims of Violent Crimes

Subchapter 2 - Arkansas Child Abuse/Rape/Domestic Violence Commission

§ 20-82-201. Arkansas Child Abuse/Rape/Domestic Violence Commission — Creation — Members - (a) There is created the Arkansas Child Abuse/Rape/Domestic Violence Commission,...

§ 20-82-202. Arkansas Child Abuse/Rape/Domestic Violence Commission — Powers and duties - The Arkansas Child Abuse/Rape/Domestic Violence Commission shall be an advisory...

§ 20-82-204. Arkansas Child Abuse/Rape/Domestic Violence Commission — Costs and expenses - The administrative and associated operating costs and expenses of the...

§ 20-82-205. Child Abuse/Rape/Domestic Violence Section — Creation - There is hereby created the Child Abuse/Rape/Domestic Violence Section within...

§ 20-82-206. Child Abuse/Rape/Domestic Violence Section — Powers and duties - The Child Abuse/Rape/Domestic Violence Section shall have the authority and...

§ 20-82-207. Child Abuse/Rape/Domestic Violence Section — Budget — Staff - The Child Abuse/Rape/Domestic Violence Section shall consist of such staff...

§ 20-82-208. Community Grants for Child Safety Centers Program — Findings — Purpose - (a) Findings and Purpose. (1) The General Assembly finds and...

§ 20-82-209. Multidisciplinary teams — Protocols created — Responsibilities — Definition - (a) As used in this section, “multidisciplinary team” means a...

§ 20-82-210. Subcommittee on Child Safety Centers — Members — Duty to oversee child safety centers - (a) The Arkansas Child Abuse/Rape/Domestic Violence Commission shall establish the...

§ 20-82-211. Child Welfare Ombudsman Division — Creation — Powers and duties - (a) (1) There is created within the Arkansas Child Abuse/Rape/Domestic...

Subchapter 3 - Unlawful Female Genital Mutilation of a Minor

§ 20-82-301. Awareness program established - The Department of Health shall: (1) Develop and administer a...

§ 20-82-302. Statistics required - (a) Healthcare practitioners of each county shall keep annual statistics...

Chapter 83 - Arkansas Farmers' Market Nutrition Program Act

§ 20-83-101. Title - This subchapter shall be known and may be cited as...

§ 20-83-102. Purpose - This subchapter is to establish the Arkansas Farmers' Market Nutrition...

§ 20-83-103. Definitions - As used in this subchapter: (1) “ArFMNP” means the Arkansas...

§ 20-83-104. Coupon administration - The Department of Health shall administer the Arkansas Farmers' Market...

§ 20-83-105. Nutrition education - Nutrition education, including nutritional value, food preparation, storage, and safety,...

§ 20-83-106. Farmer or vendor participation - (a) To qualify for redemption of the nutrition supplement coupons,...

§ 20-83-107. Rules - To the extent that funds are available, the Department of...

Chapter 85 - Maternal Drug Addiction

§ 20-85-101. Family Treatment and Rehabilitation Program for Addicted Women and their Children - (a) There is hereby created the Family Treatment and Rehabilitation...

Chapter 86 - Family Savings Initiative Act

§ 20-86-101. Title - This act shall be known and may be cited as...

§ 20-86-102. Declaration - The General Assembly hereby finds that: (1) Americans of most...

§ 20-86-103. Purpose - The purpose of this act is to provide for the...

§ 20-86-104. Definitions - As used in this subchapter: (1) (A) “Administrative costs” includes,...

§ 20-86-105. Proposals - (a) (1) The Division of Workforce Services shall enter into...

§ 20-86-106. Individual development account - (a) (1) An individual who is a resident of this...

§ 20-86-107. Individual development account — Purpose - (a) Individual development accounts may be used for any of...

§ 20-86-108. Penalty - (a) (1) If the fiduciary organization receives evidence that moneys...

§ 20-86-109. Matching funds - (a) (1) Any individual, business, organization, or other entity may...

§ 20-86-110. Effect on other programs - Funds deposited into an individual development account shall not be...

§ 20-86-111. Reporting requirements - Each fiduciary organization shall provide quarterly to the Division of...

§ 20-86-112. Implementation - The Division of Workforce Services shall be responsible for implementation...

§ 20-86-113. Reports — Recommendations - (a) The Division of Workforce Services shall prepare a written...

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Arkansas Code Title 20 - Public Health and Welfare Subtitle 5 - Social Services

Arkansas Code
Title 20 - Public Health and Welfare
Subtitle 5 - Social Services