Browse Arkansas Code titles and sections
20-77-2810. Effectiveness — Cessation.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-77-2810. Effectiveness — Cessation.
(a) The medical transportation provider assessment imposed under § 20-77-2803 shall cease to be imposed, the emergency medical transportation access payments made under § 20-77-2809 shall cease to be paid, and any moneys remaining in the Medical Transportation Assessment Account in the Arkansas Medicaid Program Trust Fund shall be refunded to medical transportation providers in proportion to the amounts paid by them if:
(1) The Medical Transportation Assessment Account access payments required under § 20-77-2809 are changed or the assessments imposed under § 20-77-2803 are not eligible for federal matching funds under Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq., or Title XXI of the Social Security Act, 42 U.S.C. § 1397aa et seq.; or
(2) It is determined in the course of an administrative adjudication or in an action under § 25-15-207 that the Division of Medical Services of the Department of Human Services:
(A) Established Medicaid medical transportation provider payment rates that include an offset, in whole or in part, for any emergency medical transportation access payments under § 20-77-2809; or
(B) Included the net effect of any emergency medical transportation access payment under § 20-77-2809 when considering whether Medicaid medical transportation provider payment rates are:
(i) Consistent with efficiency, economy, and quality of care; and
(ii) Sufficient to enlist enough providers so that Medicaid care and services are available at least to the extent that the care and services are available to the general population in the geographic area.
(b)(1) The medical transportation provider assessment imposed under § 20-77-2803 shall cease to be imposed and the emergency medical transportation ac
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-77-2810
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:20-77-2810
Source file: gov.ar.code.title.20.odt
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Source location: content.xml paragraph 39005
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20-77-2810. Effectiveness — Cessation.
(a) The medical transportation provider assessment imposed under § 20-77-2803 shall cease to be imposed, the emergency medical transportation access payments made under § 20-77-2809 shall cease to be paid, and any moneys remaining in the Medical Transportation Assessment Account in the Arkansas Medicaid Program Trust Fund shall be refunded to medical transportation providers in proportion to the amounts paid by them if:
(1) The Medical Transportation Assessment Account access payments required under § 20-77-2809 are changed or the assessments imposed under § 20-77-2803 are not eligible for federal matching funds under Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq., or Title XXI of the Social Security Act, 42 U.S.C. § 1397aa et seq.; or
(2) It is determined in the course of an administrative adjudication or in an action under § 25-15-207 that the Division of Medical Services of the Department of Human Services:
(A) Established Medicaid medical transportation provider payment rates that include an offset, in whole or in part, for any emergency medical transportation access payments under § 20-77-2809; or
(B) Included the net effect of any emergency medical transportation access payment under § 20-77-2809 when considering whether Medicaid medical transportation provider payment rates are:
(i) Consistent with efficiency, economy, and quality of care; and
(ii) Sufficient to enlist enough providers so that Medicaid care and services are available at least to the extent that the care and services are available to the general population in the geographic area.
(b)(1) The medical transportation provider assessment imposed under § 20-77-2803 shall cease to be imposed and the emergency medical transportation access payments under § 20-77-2809 shall cease to be paid if the assessment is determined to be an impermissible tax under Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq.
(2) Moneys in the Medical Transportation Assessment Account in the Arkansas Medicaid Program Trust Fund derived from assessments imposed before the determination described in subdivision (b)(1) of this section shall be disbursed under § 20-77-2809 to the extent federal matching is not reduced due to the impermissibility of the assessments, and any remaining moneys shall be refunded to medical transportation providers in proportion to the amounts paid by them.
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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) 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
20-77-2803. Medical transportation provider assessment.
(a)(1) Except as provided in this subchapter, an assessment is imposed on each medical transportation provider for each state fiscal year in an amount calculated as a percentage of the net operating revenues of the medical transportation provider.
(2) The assessment rate shall be determined annually based upon the percentage of net operating revenue needed to generate an amount up to the nonfederal portion of the upper payment limit gap plus the annual fee to be paid to the Arkansas Medicaid Program under § 20-77-2805(f)(1)(C), but in no case at a rate that would cause the assessment proceeds to exceed the indirect guarantee threshold set forth in 42 C.F.R. § 433.68(f)(3)(i).
(3) The assessment rate described in subsection (a) of this section shall be determined after consultation with The Arkansas Ambulance Association or its successor association.
(b) This subchapter does not authorize a unit of county or local government to license for revenue or impose a tax or assessment:
(1) Upon medical transportation providers; or
(2) Measured by the income or earnings of a medical transportation provider.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-77-2803
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 20-77-2803. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-77-2809. Emergency medical transportation access payments.
(a) To preserve and improve access to medical transportation services, for medical transportation services rendered on or after July 1, 2017, the Division of Medical Services of the Department of Human Services shall make emergency medical transportation access payments as set forth in this section.
(b) The division shall calculate the emergency medical transportation access payment amount as the balance of the Medical Transportation Assessment Account plus any federal matching funds earned on the balance, up to but not to exceed the upper payment limit gap for all medical transportation providers.
(c)(1) Except as provided in § 20-77-2806, all medical transportation providers shall be eligible for emergency medical transportation access payments each state fiscal year as set forth in this subsection.
(2)(A) In addition to any other funds paid to medical transportation providers for emergency medical services to Medicaid patients, each eligible medical transportation provider shall receive emergency medical transportation access payments each state fiscal year equal to the medical transportation provider's proportionate share of the total upper payment limit gap for all providers of emergency medical services.
(B) Emergency medical transportation access payments shall be made on a quarterly basis.
(C) In addition to other rules as the division determines are necessary to implement emergency medical transportation access payments, the division may create separate levels of assessments and emergency medical transportation access payments for ambulance services and air ambulance services.
(d) An emergency medical transportation access payment shall not be used to offset any other payment by Medicai
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-77-2809
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 20-77-2809. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
25-15-207. Rules — Actions for declaratory judgments.
(a) The validity or applicability of a rule may be determined in an action for declaratory judgment if it is alleged that the rule, or its threatened application, injures or threatens to injure the plaintiff in his or her person, business, or property.
(b) The action may be brought in the circuit court of any county in which the plaintiff resides or does business or in Pulaski County Circuit Court.
(c) The agency shall be made defendant in that action.
(d) A declaratory judgment may be rendered whether or not the plaintiff has requested the agency to pass upon the validity or applicability of the rule in question.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 25-15-207
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 25-15-207. This identifies an authority to review, not proof of applicability.