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20-10-109. Findings — Intent.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-10-109. Findings — Intent.
(a) The General Assembly finds that:
(1) Residents in Arkansas' long-term care facilities are particularly vulnerable to the theft or illegal diversion of personal funds designated as residents' share of cost under the Arkansas Medicaid program;
(2) The theft or illegal diversion of residents' share of cost under the program has an adverse impact on the resources available to ensure high-quality care for all facility residents; and
(3) This section and § 20-10-110 are necessary to:
(A) Protect long-term care residents' rights;
(B) Provide appropriate resources for residents' care; and
(C) Ensure that residents' funds designated to pay for long-term care are used for that purpose.
(b) The General Assembly intends that this section and § 20-10-110 affect individuals who intentionally steal or divert residents' share of cost and not change the obligations or responsibilities of residents of long-term care facilities or deter legitimate disputes over the amount of a resident's share of cost.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-10-109
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:20-10-109
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 3cde751c6973a2ea91ba63d4adf8cece5f32bce69fcbaf12f35dfc0f0144c8f3
Source location: content.xml paragraph 5171
Stored source content
20-10-109. Findings — Intent.
(a) The General Assembly finds that:
(1) Residents in Arkansas' long-term care facilities are particularly vulnerable to the theft or illegal diversion of personal funds designated as residents' share of cost under the Arkansas Medicaid program;
(2) The theft or illegal diversion of residents' share of cost under the program has an adverse impact on the resources available to ensure high-quality care for all facility residents; and
(3) This section and § 20-10-110 are necessary to:
(A) Protect long-term care residents' rights;
(B) Provide appropriate resources for residents' care; and
(C) Ensure that residents' funds designated to pay for long-term care are used for that purpose.
(b) The General Assembly intends that this section and § 20-10-110 affect individuals who intentionally steal or divert residents' share of cost and not change the obligations or responsibilities of residents of long-term care facilities or deter legitimate disputes over the amount of a resident's share of cost.
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Arkansas Code — all titles (historical 2020) · legal_authorities
20-10-110. Protection of residents' personal funds — Definitions.
(a) As used in this section:
(1) “Agent” means a person who manages, uses, controls, or otherwise has legal access to a resident's income or resources that legally may be used to pay a resident's share of cost or other charges not paid by the Arkansas Medicaid program;
(2) “Long-term care facility” means a nursing home, residential care facility, post-acute head injury retraining and residential care facility, or any other facility that provides long-term medical or personal care;
(3) “Medicaid recipient” means any individual in whose behalf any person claimed or received any payment or payments from the program; and
(4) “Resident” means a person:
(A) Who resides on a permanent and full-time basis in a long-term care facility;
(B) Who is a Medicaid recipient; and
(C) Whose facility care is paid, in whole or in part, by Medicaid.
(b)(1) No long-term care facility may require a third-party guarantee of payment to the facility as a condition of admission, expedited admission, or continued stay in the facility.
(2) However, a long-term care facility may require an agent who has legal access to a resident's income or resources available to pay for facility care to sign a contract without incurring personal financial liability to provide facility payment from the resident's income or resources.
(c) An agent who guarantees payment under subdivision (b)(2) of this section shall be personally liable to the facility for payment of a resident's share of cost or other charges incurred by the resident if and to the extent that the agent uses a resident's income or resources for purposes other than the resident's facility care.
(d) Unless otherwise exempted by law or contract, a resident or his
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-10-110
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 20-10-110. This identifies an authority to review, not proof of applicability.