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20-77-1204. Administration — Regulation.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-77-1204. Administration — Regulation.
(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 the low-income disabled working person category of Medicaid eligibility in conformity with this subchapter with a state Medicaid plan amendment or waiver approved by the administration and in a manner that:
(1) Limits the population that may enroll in the low-income disabled working person category of Medicaid eligibility to eligible persons;
(2) Establishes premium and cost-sharing charges on a sliding scale based on income;
(3) Limits the services reimbursed to Medicaid-covered services furnished by providers enrolled as Medicaid providers;
(4) Limits reimbursements to the rates established by the department; and
(5) Provides for the automatic assignment of medical payments due as set out in §§ 20-77-302 and 20-77-307 as a condition of eligibility for benefits under the low-income disabled working person category of Medicaid eligibility.
(c) A rule adopted under this section shall not include a test for income, assets, or resources.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-77-1204
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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Stable record: arkansas_code:legal_authorities:20-77-1204
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 1520361510cf40c8391ee50beb9875a656618890f27d374a6b463a504086ab91
Source location: content.xml paragraph 37034
Stored source content
20-77-1204. Administration — Regulation.
(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 the low-income disabled working person category of Medicaid eligibility in conformity with this subchapter with a state Medicaid plan amendment or waiver approved by the administration and in a manner that:
(1) Limits the population that may enroll in the low-income disabled working person category of Medicaid eligibility to eligible persons;
(2) Establishes premium and cost-sharing charges on a sliding scale based on income;
(3) Limits the services reimbursed to Medicaid-covered services furnished by providers enrolled as Medicaid providers;
(4) Limits reimbursements to the rates established by the department; and
(5) Provides for the automatic assignment of medical payments due as set out in §§ 20-77-302 and 20-77-307 as a condition of eligibility for benefits under the low-income disabled working person category of Medicaid eligibility.
(c) A rule adopted under this section shall not include a test for income, assets, or resources.
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Arkansas Code — all titles (historical 2020) · legal_authorities
20-77-302. Action by recipient alone — Reimbursement of division.
(a) When an action or claim is brought by a medical assistance recipient or his or her legal representative against a third party who may be liable for injury, disease, disability, or death of a medical assistance recipient, any settlement, judgment, or award obtained is subject to the division's claim for reimbursement of the benefits provided to the recipient under the medical assistance program.
(b) In the event of judgment or award in a suit or claim against a third party, if the action or claim is prosecuted by the recipient alone, the court or agency shall first order paid from any judgment or award the reasonable litigation expenses and attorney's fees. After the payment of these expenses and attorney's fees, the court or agency shall order that the Department of Human Services receive an amount sufficient to reimburse the department the full amount of benefits paid on behalf of the recipient under the medical assistance program. The remainder shall be awarded to the medical assistance recipient.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-77-302
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 20-77-302. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-77-307. Assignment to Department of Human Services of rights of recovery.
(a) As a condition of eligibility, every Medicaid applicant shall automatically assign his or her right to any settlement, judgment, or award which may be obtained against any third party to the Department of Human Services to the full extent of any amount which may be paid by Medicaid for the benefit of the applicant.
(b) The application for Medicaid benefits shall, in itself, constitute an assignment by operation of law.
(c) The assignment shall be considered a statutory lien on any settlement, judgment, or award received by the recipient from a third party.
(d) Every Medicaid applicant, as a condition of eligibility, shall cooperate in establishing paternity, except for good cause shown, for a child born out of wedlock for whom the recipient can legally assign rights, in obtaining medical care, support, and payments for himself or herself or any other person for whom the individual can legally assign rights, and in identifying and providing information to assist the department and the Office of Child Support Enforcement in pursuing any liable third party.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-77-307
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 20-77-307. This identifies an authority to review, not proof of applicability.