Browse Arkansas Code titles and sections
20-77-2703. Definitions.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-77-2703. Definitions.
As used in this subchapter:
(1) “Associated participant” means an organization or individual that is a member or contractor of a risk-based provider organization and provides necessary administrative functions, including without limitation claims processing, data collection, and outcome reporting;
(2) “Capitated” means an actuarially sound healthcare payment that is based on a payment per person that covers the total risk for providing healthcare services as provided in this subchapter for a person;
(3)(A) “Care coordination” means the coordination of healthcare services delivered by healthcare provider teams to empower patients in their health care and to improve the efficiency and effectiveness of the healthcare sector.
(B) “Care coordination” includes without limitation:
(i) Health education and coaching;
(ii) Promotion of links with medical home services and the healthcare system in general;
(iii) Coordination with other healthcare providers for diagnostics, ambulatory care, and hospital services;
(iv) Assistance with social determinants of health, such as access to healthy food and exercise;
(v) Promotion of activities focused on the health of a patient and the community, including without limitation outreach, quality improvement, and patient panel management; and
(vi) Community-based management of medication therapy;
(4) “Carrier” means an organization that is:
(A) Licensed or otherwise authorized to transact health insurance as an insurance company under § 23-62-103;
(B) Authorized to provide healthcare plans under § 23-76-108 as a health maintenance organization; or
(C) Authorized to issue hospital service or medical service plans as a hospital medical service corporation under § 23-75-108;
(5)(A) “Covered
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-77-2703
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Stable record: arkansas_code:legal_authorities:20-77-2703
Source file: gov.ar.code.title.20.odt
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Passage SHA-256: 338754980d49f21a471899fb0fa7784f6a1323503669d348138bd254b6a24d42
Source location: content.xml paragraph 38707
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20-77-2703. Definitions.
As used in this subchapter:
(1) “Associated participant” means an organization or individual that is a member or contractor of a risk-based provider organization and provides necessary administrative functions, including without limitation claims processing, data collection, and outcome reporting;
(2) “Capitated” means an actuarially sound healthcare payment that is based on a payment per person that covers the total risk for providing healthcare services as provided in this subchapter for a person;
(3)(A) “Care coordination” means the coordination of healthcare services delivered by healthcare provider teams to empower patients in their health care and to improve the efficiency and effectiveness of the healthcare sector.
(B) “Care coordination” includes without limitation:
(i) Health education and coaching;
(ii) Promotion of links with medical home services and the healthcare system in general;
(iii) Coordination with other healthcare providers for diagnostics, ambulatory care, and hospital services;
(iv) Assistance with social determinants of health, such as access to healthy food and exercise;
(v) Promotion of activities focused on the health of a patient and the community, including without limitation outreach, quality improvement, and patient panel management; and
(vi) Community-based management of medication therapy;
(4) “Carrier” means an organization that is:
(A) Licensed or otherwise authorized to transact health insurance as an insurance company under § 23-62-103;
(B) Authorized to provide healthcare plans under § 23-76-108 as a health maintenance organization; or
(C) Authorized to issue hospital service or medical service plans as a hospital medical service corporation under § 23-75-108;
(5)(A) “Covered Medicaid beneficiary population” means a group of individuals with:
(i) Significant behavioral health needs, including for substance abuse treatment and services, and who are eligible for participation in the Medicaid provider-led organized care system as determined by an independent assessment under criteria established by the Department of Human Services; or
(ii) Intellectual or developmental disabilities and who are eligible for participation in the Medicaid provider-led organized care system as determined by an independent assessment under criteria established by the department.
(B) “Covered Medicaid beneficiary population” does not include individuals enrolled in a long-term care services and supports program under 42 U.S.C. § 1396n or 42 U.S.C. § 1315, due to a physical functional limitation;
(6) “Direct service provider” means an organization or individual that delivers healthcare services to enrollable Medicaid beneficiary populations;
(7) “Enrollable Medicaid beneficiary population” means a group of individuals who are either:
(A) Members of a covered Medicaid beneficiary population; or
(B) Members of a voluntary Medicaid beneficiary population;
(8) “Flexible services” means alternative services that are not included in the state plan or waiver of the Arkansas Medicaid Program and that are appropriate and cost-effective services that improve the health or social determinants of a member of an enrollable Medicaid beneficiary population that affect the health of the member of the enrollable Medicaid beneficiary population;
(9) “Global payment” means a population-based payment methodology that is actuarially sound and based on an all-inclusive per-person-per-month calculation for all benefits, administration, care management, and care coordination for enrollable Medicaid beneficiary populations;
(10) “Medicaid” means the programs authorized under Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq., and Title XXI of the Social Security Act, 42 U.S.C. § 1397aa et seq., as they existed on January 1, 2017, for the provision of healthcare services to members of enrollable Medicaid beneficiary populations;
(11) “Participating provider” means an organization or individual that is a member of or has an ownership interest in a risk-based provider organization and delivers healthcare services to enrollable Medicaid beneficiary populations;
(12) “Quality incentive pool” means a funding source established and maintained by the department to be used to reward risk-based provider organizations that meet or exceed specific performance and outcome measures;
(13) “Risk-based provider organization” means an entity that:
(A)(i) Is licensed by the Insurance Commissioner under the rules established for risk-based provider organizations by the commissioner.
(ii) Notwithstanding any other provision of law, a risk-based provider organization is an insurance company upon licensure by the commissioner but is not deemed an insurer for purposes of the Arkansas Life and Health Insurance Guaranty Association Act, § 23-96-101 et seq.
(iii) The commissioner shall not license a risk-based provider organization except as provided in this subchapter;
(B) Is obligated to assume the financial risk for the delivery of specifically defined healthcare services to an enrollable Medicaid beneficiary population; and
(C) Is paid by the department on a capitated basis with a global payment made, whether or not a particular member of an enrollable Medicaid beneficiary population receives services during the period covered by the payment; and
(14) “Voluntary Medicaid beneficiary population” means a group of individuals who:
(A) Are in need of behavioral health services or developmental disabilities services;
(B) Are eligible for the Arkansas Medicaid Program; and
(C) May elect to enroll in a risk-based provider organization if the group is not otherwise excluded by this subchapter.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Waiver of State plan requirements; costs regarded as State plan expenditures; availability of appropriations** In the case of any experimental, pilot, or demonstration project which, in the judgment of the Secretary, is likely to assist in promoting the objectives of subchapter I, X, XIV, XVI, or XIX, or part A or D of subchapter IV, in a State or States—
(1) the Secretary may waive compliance with any of the requirements of section 302, 602, 654, 1202, 1352, 1382, or 1396a of this title, as the case may be, to the extent and for the period he finds necessary to enable such State or States to carry out such project, and
(2)
(A) costs of such project which would not otherwise be included as expenditures under section 303, 655, 1203, 1353, 1383, or 1396b of this title, as the case may be, and which are not included as part of the costs of projects under [section 1310 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1310&num=0&edition=prelim), shall, to the extent and for the period prescribed by the Secretary, be regarded as expenditures under the State plan or plans approved under such subchapter, or for administration of such State plan or plans, as may be appropriate, and
(B) costs of such project which would not otherwise be a permissible use of funds under part A of subchapter IV and which are not included as part of the costs of projects under [section 1310 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1310&num=0&edition=prelim), shall to the extent and for the period prescribed by the Secretary, be regarded as a permissible use of funds under such part.
In addition, not to exceed $4,000,000 of the aggregate amount appropriated for payments to States under such subch
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1315
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 1315. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 2582
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1315
1 See References in Text note below.
(iv) Developing the criteria and guide-
lines necessary for establishing safe resi-
dential placements for foster children who
have been sex trafficked as well as victims
of trafficking identified through inter-
action with law enforcement.
(v) Developing training guidelines for
caregivers that serve children and youth
being cared for outside the home.
(D) Informing States of best practices
The Committee, in coordination with the
National Governors Association, Secretary
and Attorney General, shall ensure that
State Governors and child welfare agencies
are notified and informed on a quarterly
basis of the best practices and recommenda-
tions for States, and notified 6 months in ad-
vance that the Committee will be evaluating
the extent to which States adopt the Com-
mittee’s recommendations.
(E) Report on State implementation
Within 3 years after the establishment of
the Committee, the Committee shall submit
to the Secretary and the Attorney General,
as part of its final report as well as for on-
line and publicly available publication, a de-
scription of what each State has done to im-
plement the recommendations of the Com-
mittee.
(e) Reports
(1) In general
The Committee shall submit an interim and
a final report on the work of the Committee
to—
(A) the Secretary;
(B) the Attorney General;
(C) the Committee on Finance of the Sen-
ate; and
(D) the Committee on Ways and Means of
the House of Representatives.
(2) Reporting dates
The interim report shall be submitted not
later than 3 years after the establishment of
the Committee. The final report shall be sub-
mitted not later than 4 years after the estab-
lishment of the Committee.
(f) Administr
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 1315
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 1315. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment** There is hereby established the Medicaid and CHIP Payment and Access Commission (in this section referred to as “MACPAC”).
**(b) Duties**
(1) **Review of access policies for all States and annual reports** — MACPAC shall—
(A) review policies of the Medicaid program established under this subchapter (in this section referred to as “Medicaid”) and the State Children’s Health Insurance Program established under subchapter XXI (in this section referred to as “CHIP”) affecting access to covered items and services, including topics described in paragraph (2);
(B) make recommendations to Congress, the Secretary, and States concerning such access policies;
(C) by not later than March 15 of each year (beginning with 2010), submit a report to Congress containing the results of such reviews and MACPAC’s recommendations concerning such policies; and
(D) by not later than June 15 of each year (beginning with 2010), submit a report to Congress containing an examination of issues affecting Medicaid and CHIP, including the implications of changes in health care delivery in the United States and in the market for health care services on such programs.
(2) **Specific topics to be reviewed** — Specifically, MACPAC shall review and assess the following:
(A) *Medicaid and CHIP payment policies* — Payment policies under Medicaid and CHIP, including—
(i) the factors affecting expenditures for the efficient provision of items and services in different sectors, including the process for updating payments to medical, dental, and health professionals, hospitals, residential and long-term care providers, providers of home and community based services, Federally-qualified health centers and rural health clinics, managed care entities, and providers of ot
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1396
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 1396. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 4009
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1396
of the enactment of this Act [Oct. 6, 2014], the Sec-
retary shall develop and report to Congress on a stra-
tegic plan for collecting or otherwise accessing data on
race and ethnicity for purposes of specifying quality
measures and resource use and other measures under
subsections (c) and (d) of section 1899B of the Social Se-
curity Act, as added by subsection (a), and, as the Sec-
retary determines appropriate, other similar provisions
of, including payment adjustments under, title XVIII of
such Act (42 U.S.C. 1395 et seq.).’’
SUBCHAPTER XIX—GRANTS TO STATES
FOR MEDICAL ASSISTANCE PROGRAMS
§ 1396. Medicaid and CHIP Payment and Access
Commission
(a) Establishment
There is hereby established the Medicaid and
CHIP Payment and Access Commission (in this
section referred to as ‘‘MACPAC’’).
(b) Duties
(1) Review of access policies for all States and
annual reports
MACPAC shall—
(A) review policies of the Medicaid pro-
gram established under this subchapter (in
this section referred to as ‘‘Medicaid’’) and
the State Children’s Health Insurance Pro-
gram established under subchapter XXI (in
this section referred to as ‘‘CHIP’’) affecting
access to covered items and services, includ-
ing topics described in paragraph (2);
(B) make recommendations to Congress,
the Secretary, and States concerning such
access policies;
(C) by not later than March 15 of each year
(beginning with 2010), submit a report to
Congress containing the results of such re-
views and MACPAC’s recommendations con-
cerning such policies; and
(D) by not later than June 15 of each year
(beginning with 2010), submit a report to
Congress
containing
an
examination
of
issues affecting Medicaid and CHIP, includ-
ing the impli
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 1396
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 1396. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Activities deemed as compliance** A State shall not be deemed to be out of compliance with the requirements of paragraphs (1), (10), or (23) of [section 1396a(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396a/a&num=0&edition=prelim) solely by reason of the fact that the State (or any political subdivision thereof)—
(1) has entered into—
(A) a contract with an organization which has agreed to provide care and services in addition to those offered under the State plan to individuals eligible for medical assistance who reside in the geographic area served by such organization and who elect to obtain such care and services from such organization, or by reason of the fact that the plan provides for payment for rural health clinic services only if those services are provided by a rural health clinic; or
(B) arrangements through a competitive bidding process or otherwise for the purchase of laboratory services referred to in [section 1396d(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396d/a/3&num=0&edition=prelim) or medical devices if the Secretary has found that—
(i) adequate services or devices will be available under such arrangements, and
(ii) any such laboratory services will be provided only through laboratories—
(I) which meet the applicable requirements of [section 1395x(e)(9) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395x/e/9&num=0&edition=prelim) or paragraphs (16) and (17) of [section 1395x(s) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395x/s&num=0&edition=prelim), and such additional requirements as the Secretary may require, and
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1396n
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 1396n. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 4222
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1396n
for payment under subchapter XVIII, or sub-
mitted claims for payment under subchapter
XVIII which aggregated less than the amount
of overpayments made to him, and (B)(i) from
whom the Secretary has been unable to re-
cover overpayments received in violation of
the terms of such assignment, or (ii) from
whom the Secretary has been unable to collect
the information necessary to enable him to de-
termine the amount (if any) of the overpay-
ments made to such person under subchapter
XVIII.
(b) Reductions in payments to and by States
The Secretary may (subject to the remaining
provisions of this section) reduce payment to a
State under this subchapter for any quarter by
an amount equal to the lesser of the Federal
matching share of payments to any institution
or person specified in subsection (a), or the total
overpayments to such institution or person
under subchapter XVIII, and may require the
State to reduce its payment to such institution
or person by such amount.
(c) Notice
The Secretary shall not make any adjustment
in the payment to a State, nor require any ad-
justment in the payment to an institution or
person, pursuant to subsection (b) until after he
has provided adequate notice (which shall be not
less than 60 days) to the State agency and the
institution or person.
(d) Regulations
The Secretary shall by regulation provide pro-
cedures for implementation of this section,
which procedures shall (1) determine the amount
of the Federal payment to which the institution
or person would otherwise be entitled under this
section which shall be treated as a setoff against
overpayments under subchapter XVIII, and (2)
assure the restoration to the institution or per-
son of amounts w
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 1396n
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 1396n. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Purpose** Except with respect to the rural health transformation program established in [section 1397ee(h) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1397ee/h&num=0&edition=prelim), the purpose of this subchapter is to provide funds to States to enable them to initiate and expand the provision of child health assistance to uninsured, low-income children in an effective and efficient manner that is coordinated with other sources of health benefits coverage for children. Such assistance shall be provided primarily for obtaining health benefits coverage through—
(1) obtaining coverage that meets the requirements of [section 1397cc of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1397cc&num=0&edition=prelim), or
(2) providing benefits under the State’s medicaid plan under subchapter XIX,
or a combination of both.
**(b) State child health plan required** A State is not eligible for payment under subsection (a) or (g) of [section 1397ee of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1397ee&num=0&edition=prelim) unless the State has submitted to the Secretary under [section 1397ff of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1397ff&num=0&edition=prelim) a plan that—
(1) sets forth how the State intends to use the funds provided under this subchapter to provide child health assistance to needy children consistent with the provisions of this subchapter, and
(2) has been approved under [section 1397ff of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1397ff&num=0&edition=prelim).
**(c) State entitlement** This subchapter constitutes budget authority i
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1397aa
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 1397aa. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 4452
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1397n–13
(5) Social impact partnership model
The term ‘‘social impact partnership model’’
means a method of financing social services in
which—
(A) Federal funds are awarded to a State
or local government only if a State or local
government
achieves
certain
outcomes
agreed on by the State or local government
and the Secretary; and
(B) the State or local government coordi-
nates with service providers, investors (if ap-
plicable to the project), and (if necessary) an
intermediary to identify—
(i) an intervention expected to produce
the outcome;
(ii) a service provider to deliver the
intervention to the target population; and
(iii) investors to fund the delivery of the
intervention.
(6) State
The term ‘‘State’’ means each State of the
United States, the District of Columbia, each
commonwealth, territory or possession of the
United States, and each federally recognized
Indian tribe.
(Aug. 14, 1935, ch. 531, title XX, § 2063, as added
Pub. L. 115–123, div. E, title VIII, § 50802(2), Feb.
9, 2018, 132 Stat. 282.)
§ 1397n–13. Funding
Out of any money in the Treasury of the
United States not otherwise appropriated, there
is hereby appropriated $100,000,000 for fiscal year
2018 to carry out this division.
(Aug. 14, 1935, ch. 531, title XX, § 2064, as added
Pub. L. 115–123, div. E, title VIII, § 50802(2), Feb.
9, 2018, 132 Stat. 282.)
SUBCHAPTER XXI—STATE CHILDREN’S
HEALTH INSURANCE PROGRAM
§ 1397aa. Purpose; State child health plans
(a) Purpose
The purpose of this subchapter is to provide
funds to States to enable them to initiate and
expand the provision of child health assistance
to uninsured, low-income children in an effec-
tive and efficient manner that is coordinated
with other so
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 1397aa
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 1397aa. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-62-103. Accident and health insurance.
(a) As used in the Arkansas Insurance Code, unless the context otherwise requires, “accident and health insurance” is insurance of human beings against bodily injury, disablement, or death by accident or accidental means or the expense thereof or against loss of income due to disablement or expense resulting from sickness and every insurance appertaining thereto.
(b) Transaction of accident and health insurance does not include workers' compensation, as defined in § 23-62-105(a)(3).
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-62-103
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 23-62-103. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-75-108. Certificate of authority — Requirements for issuance.
(a) The Insurance Commissioner shall issue an initial certificate of authority authorizing the applicant to issue contracts to its subscribers when it is shown to the satisfaction of the commissioner that:
(1) The applicant is established as a bona fide nonprofit hospital service corporation or medical service corporation or combination of the two;
(2) The contracts, if any, between the applicant and the participating hospitals or physicians obligate each hospital or physician executing the contracts to render service to which each subscriber may be entitled under the terms of the contracts to be issued to the subscribers;
(3) The amounts provided as working capital of the corporation are repayable, without interest, out of operating expenses;
(4) The amount of money actually available for working capital is sufficient to carry on the plan for a period of six (6) months from the date of issuance of the certificate of authority; and
(5) The applicant has secured contracts of participation from sufficient hospitals or physicians, or both, to provide ample protection for its subscribers within the area proposed to be served by the applicant.
(b) The certificate of authority shall expire or terminate and be subject to annual continuation, as provided in § 23-63-211 for insurers in general.
(c) The certificate of authority shall be subject to suspension or revocation as provided in §§ 23-63-212 — 23-63-215.
(d) An applicant under this section may provide reinsurance coverage only in the specific areas of coverage set out in the applicant's certificate of authority.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-75-108
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 23-75-108. This identifies an authority to review, not proof of applicability.