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20-77-1302. Legislative intent and purpose.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-77-1302. Legislative intent and purpose.
(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 administrative sanctions imposed pursuant to this subchapter are intended to be in addition to those provided for in the Medicaid Fraud Act, § 5-55-101 et seq., and the Medicaid Fraud False Claims Act, § 20-77-901 et seq., and any proceeding brought hereunder shall not be a bar or defense to actions brought pursuant to these or other acts.
(b) The General Assembly intends to provide the Secretary of the Department of Human Services with the ability, authority, and resources to pursue administrative sanctions and liquidated damages to protect the fiscal and programmatic integrity of the medical assistance programs from healthcare providers and other persons who engage in fraud, misrepresentation, abuse, or other ill practices, as set forth in this subchapter in order to obtain payments to which these healthcare providers or persons are not entitled.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-77-1302
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:20-77-1302
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 3370ecf5bf53c26820dd4a9e35189c2ceab484a81ef4e6a0c92cc2478610416f
Source location: content.xml paragraph 37072
Stored source content
20-77-1302. Legislative intent and purpose.
(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 administrative sanctions imposed pursuant to this subchapter are intended to be in addition to those provided for in the Medicaid Fraud Act, § 5-55-101 et seq., and the Medicaid Fraud False Claims Act, § 20-77-901 et seq., and any proceeding brought hereunder shall not be a bar or defense to actions brought pursuant to these or other acts.
(b) The General Assembly intends to provide the Secretary of the Department of Human Services with the ability, authority, and resources to pursue administrative sanctions and liquidated damages to protect the fiscal and programmatic integrity of the medical assistance programs from healthcare providers and other persons who engage in fraud, misrepresentation, abuse, or other ill practices, as set forth in this subchapter in order to obtain payments to which these healthcare providers or persons are not entitled.
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Arkansas Code — all titles (historical 2020) · legal_authorities
20-77-901. Definitions.
As used in this subchapter:
(1) “Arkansas Medicaid Program” means the program authorized under Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq., that provides for payments for medical goods or services on behalf of indigent families with dependent children and of aged, blind, or disabled individuals whose income and resources are insufficient to meet the cost of necessary medical services, including all transactions through the actual delivery of healthcare goods or services to a Medicaid recipient regardless of whether the healthcare goods or services are paid for directly by the Department of Human Services or indirectly through a fiscal agent, contractor, subcontractor, risk-based provider organization, managed care organization, or individual;
(2)(A) “Claim” means any request or demand for money or property, regardless of whether under a contract, that:
(i) Is presented to an officer, employee, agent, or fiscal agent of the Arkansas Medicaid Program; and
(ii) Is made to a contractor, grantee, or other recipient if:
(a) The money or property is spent or used on behalf of the Arkansas Medicaid Program or to advance the Arkansas Medicaid Program or its interest; and
(b) The Arkansas Medicaid Program:
(1) Provides or has provided any portion of the money or property requested or demanded; or
(2) Is reimbursing the contractor, grantee, or other recipient for any portion of the money or property that is requested or demanded.
(B) “Claim” includes:
(i) Billing documentation;
(ii) All documentation required to be created or maintained by law or rule to justify, support, or document the delivery of healthcare goods or services to a Medicaid recipient;
(iii) All documentation submitted to justify or help establish
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-77-901
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 20-77-901. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-55-101. Title.
This subchapter shall be known and may be cited as the “Medicaid Fraud Act”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-55-101
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 5-55-101. This identifies an authority to review, not proof of applicability.