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5-28-107. Investigation by Attorney General and Department of Human Services.

Arkansas Code — all titles (historical 2020) · legal_authorities

5-28-107. Investigation by Attorney General and Department of Human Services.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-28-107

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:5-28-107
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 20173027a38dcba1b74a93ac08fcb4fa4c7cfe57253581b182ac30b47ef3de06

Source location: content.xml paragraph 14348

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5-28-107. Investigation by Attorney General and Department of Human Services. (a) The office of the Attorney General has concurrent jurisdiction with the Department of Human Services to investigate cases of suspected adult maltreatment of an adult endangered person or an adult impaired person in a long-term care facility certified under Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq. (b) If requested by the office of the Attorney General, a law enforcement agency shall assist in the investigation of any case of suspected adult maltreatment. (c) The purposes of an investigation are to obtain and develop information that may be necessary to: (1) Protect an abused, neglected, or exploited adult; (2) Refer for criminal prosecution a person who abuses, neglects, or exploits any adult endangered person or adult impaired person; and (3) Initiate a civil action, when appropriate, to protect an abused, neglected, or exploited adult. (d) The Attorney General shall conduct a thorough investigation which may include a medical, psychological, social, vocational, financial, and educational evaluation and review. (e)(1) Upon request, the medical, mental health, or other record regarding the abused, neglected, or exploited adult maintained by any facility or maintained by any person required by this chapter to report suspected abuse, neglect, or exploitation shall be made available to the Attorney General for the purpose of conducting an investigation under this chapter. (2) Upon request, a financial record maintained by a bank or a similar institution shall be made available to the Attorney General for the purpose of conducting an investigation under this chapter. (f)(1) A subpoena requiring the production of a document or the attendance of a witness at an interview, trial, or hearing conducted pursuant to the jurisdiction of the Medicaid Fraud Control Unit of the office of the Attorney General may be served by the Attorney General or any duly authorized law enforcement officer in the State of Arkansas personally, telephonically, or by registered or certified mail. (2) In the case of service by registered or certified mail, the return post office receipt of delivery of the subpoena shall accompany the return. (g)(1) If a facility or person upon whom a subpoena is served objects or otherwise fails to comply with the Attorney General's request for records, the Attorney General may file an action in circuit court for an order to enforce the request. (2) Venue for the action to enforce the request is in Pulaski County. (h) Upon cause shown, the circuit court shall order the facility or person who maintains the medical, mental health, or other record regarding the abused, neglected, or exploited adult to tender the requested record to the Attorney General for the purpose of conducting an investigation under this chapter. (i)(1) A record obtained by the Attorney General pursuant to this chapter shall be classified as confidential information and is not subject to outside review or release by any individual except when a record is used or is potentially to be used by any governmental entity in any legal, administrative, or judicial proceeding. (2) Notwithstanding any other law to the contrary, no person is subject to any civil or criminal liability for providing a record or providing access to a record to the Attorney General or to a prosecuting attorney.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 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 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

42 U.S.C. § 1396 — Medicaid and CHIP Payment and Access

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.