Bill Summary – FastDemocracy

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                                                 Act 3 of the Fiscal Session
 State of Arkansas
 94th General Assembly                            A Bill
 Fiscal Session, 2024                                                                   HOUSE BILL 1024
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 By: Joint Budget Committee
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                                      For An Act To Be Entitled
                 AN ACT TO MAKE AN APPROPRIATION FOR THE MEDICAID
                 TOBACCO SETTLEMENT PROGRAM FOR THE DEPARTMENT OF
                 HUMAN SERVICES FOR THE FISCAL YEAR ENDING JUNE 30,
                 2025; AND FOR OTHER PURPOSES.
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                                                   Subtitle
                           AN ACT FOR THE DEPARTMENT OF HUMAN
                           SERVICES - MEDICAID TOBACCO SETTLEMENT
                           PROGRAM APPROPRIATION FOR THE 2024-2025
                           FISCAL YEAR.
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 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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         SECTION 1. REGULAR SALARIES - MEDICAL SERVICES - MEDICAID TOBACCO
 SETTLEMENT PROGRAM.            There is hereby established for the Department of Human
 Services - Division of Medical Services - Medicaid Tobacco Settlement Program
 for the 2024-2025 fiscal year, the following maximum number of regular
 employees.
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                                                                                      Maximum Annual
                                                                    Maximum              Salary Rate
  Item    Class                                                      No. of              Fiscal Year
   No.    Code       Title                                        Employees                     2024-2025
   (1)    G152C DHS PROGRAM MANAGER                                           1             GRADE GS08
          MAX. NO. OF EMPLOYEES                                               1
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         SECTION 2. REGULAR SALARIES - PROVIDER SERVICES AND QUALITY ASSURANCE -
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 MEDICAID TOBACCO SETTLEMENT PROGRAM.        There is hereby established for the
 Department of Human Services - Division of Provider Services and Quality
 Assurance - Medicaid Tobacco Settlement Program for the 2024-2025 fiscal
 year, the following maximum number of regular employees.
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                                                                    Maximum Annual
                                                      Maximum        Salary Rate
  Item   Class                                         No. of        Fiscal Year
   No.   Code    Title                               Employees          2024-2025
   (1)   L038C REGISTERED NURSE                                 1      GRADE MP01
   (2)   G129C DHS/DCO PROGRAM MANAGER                          1      GRADE GS08
   (3)   M037C PROGRAM ELIGIBILITY SUPERVISOR                   2      GRADE GS07
   (4)   M066C PROGRAM ELIGIBILITY SPECIALIST               14         GRADE GS06
   (5)   C062C LOCAL OFFICE ADMINISTRATIVE ASSISTANT            1      GRADE GS03
         MAX. NO. OF EMPLOYEES                              19
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         SECTION 3. APPROPRIATION - MEDICAL SERVICES - MEDICAID TOBACCO
 SETTLEMENT PROGRAM.       There is hereby appropriated, to the Department of Human
 Services, to be payable from the Medicaid Expansion Program Account, for
 personal services and operating expenses of the Department of Human Services
 - Division of Medical Services - Medicaid Tobacco Settlement Program for the
 fiscal year ending June 30, 2025, the following:
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 ITEM                                                                 FISCAL YEAR
  NO.                                                                   2024-2025
 (01)    REGULAR SALARIES                                                 $55,025
 (02)    PERSONAL SERVICES MATCHING                                        20,741
 (03)    MAINT. & GEN. OPERATION
         (A) OPER. EXPENSE                                                  9,484
         (B) CONF. & TRAVEL                                                 2,000
         (C) PROF. FEES                                                         0
         (D) CAP. OUTLAY                                                           0
         (E) DATA PROC.                                                            0
         TOTAL AMOUNT APPROPRIATED                                        $87,250
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         SECTION 4. APPROPRIATION - MEDICAL SERVICES - MEDICAID TOBACCO
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 SETTLEMENT PROGRAM GRANTS.    There is hereby appropriated, to the Department
 of Human Services, to be payable from the Medicaid Expansion Program Account,
 for grant payments of the Department of Human Services - Division of Medical
 Services - Medicaid Tobacco Settlement Program Grants for the fiscal year
 ending June 30, 2025, the following:
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 ITEM                                                               FISCAL YEAR
  NO.                                                                  2024-2025
 (01)   HOSPITAL AND MEDICAL SERVICES                               $160,426,470
 (02)   PRESCRIPTION DRUGS                                             9,543,457
        TOTAL AMOUNT APPROPRIATED                                   $169,969,927
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        SECTION 5. APPROPRIATION - PROVIDER SERVICES AND QUALITY ASSURANCE -
 MEDICAID TOBACCO SETTLEMENT PROGRAM.       There is hereby appropriated, to the
 Department of Human Services, to be payable from the Medicaid Expansion
 Program Account, for personal services and operating expenses of the
 Department of Human Services - Division of Provider Services and Quality
 Assurance - Medicaid Tobacco Settlement Program for the fiscal year ending
 June 30, 2025, the following:
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 ITEM                                                                FISCAL YEAR
  NO.                                                                 2024-2025
 (01)   REGULAR SALARIES                                               $841,440
 (02)   PERSONAL SERVICES MATCHING                                       345,315
 (03)   MAINT. & GEN. OPERATION
        (A) OPER. EXPENSE                                                 98,598
        (B) CONF. & TRAVEL                                                     0
        (C) PROF. FEES                                                         0
        (D) CAP. OUTLAY                                                        0
        (E) DATA PROC.                                                         0
        TOTAL AMOUNT APPROPRIATED                                     $1,285,353
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        SECTION 6. SPECIAL LANGUAGE.    NOT TO BE INCORPORATED INTO THE ARKANSAS
 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW.       ACCOUNTS.
 Such appropriations and fund accounts as may be necessary to administer the
 provisions of this act shall be established on the books of the Chief Fiscal
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 Officer of the State, State Treasurer, and the Auditor of the State.
   The provisions of this section shall be in effect only from July 1, 2023
 2024 through June 30, 2024 2025.
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     SECTION 7. SPECIAL LANGUAGE.    NOT TO BE INCORPORATED INTO THE ARKANSAS
 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW.
 POSITIONS. (a) Nothing in this act shall be construed as a commitment of the
 State of Arkansas or any of its agencies or institutions to continue funding
 any position paid from the proceeds of the Tobacco Settlement in the event
 that Tobacco Settlement funds are not sufficient to finance the position.
   (b) State funds will not be used to replace Tobacco Settlement funds when
 such funds expire, unless appropriated by the General Assembly and authorized
 by the Governor.
   (c) A disclosure of the language contained in (a) and (b) of this Section
 shall be made available to all new hire and current positions paid from the
 proceeds of the Tobacco Settlement by the Tobacco Settlement Commission.
   (d) Whenever applicable the information contained in (a) and (b) of this
 Section shall be included in the employee handbook and/or Professional
 Services Contract paid from the proceeds of the Tobacco Settlement.
   The provisions of this section shall be in effect only from July 1, 2023
 2024 through June 30, 2024 2025.
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     SECTION 8. SPECIAL LANGUAGE.    NOT TO BE INCORPORATED INTO THE ARKANSAS
 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW.     TRANSFER
 RESTRICTIONS.   The appropriations provided in this act shall not be
 transferred under the provisions of Arkansas Code 19-4-522, but only as
 provided by this act.
   The provisions of this section shall be in effect only from July 1, 2023
 2024 through June 30, 2024 2025.
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     SECTION 9. SPECIAL LANGUAGE.    NOT TO BE INCORPORATED INTO THE ARKANSAS
 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW.     TRANSFERS
 OF APPROPRIATIONS.   In the event the amount of any of the budget
 classifications of maintenance and general operation in this act are found by
 the administrative head of the agency to be inadequate, then the agency head
 may request, upon forms provided for such purpose by the Chief Fiscal Officer
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 of the State, a modification of the amounts of the budget classification. In
 that event, he shall set out on the forms the particular classifications for
 which he is requesting an increase or decrease, the amounts thereof, and his
 reasons therefor. In no event shall the total amount of the budget exceed
 either the amount of the appropriation or the amount of the funds available,
 nor shall any transfer be made from the capital outlay or data processing
 subclassifications unless specific authority for such transfers is provided
 by law, except for transfers from capital outlay to data processing when
 determined by the Division of Information Systems that data processing
 services for a state agency can be performed on a more cost-efficient basis
 by the Division of Information Systems than through the purchase of data
 processing equipment by that state agency. In considering the proposed
 modification as prepared and submitted by each state agency, the Chief Fiscal
 Officer of the State shall make such studies as he deems necessary. The Chief
 Fiscal Officer of the State shall, after obtaining the approval of the
 Legislative Council or Joint Budget Committee, approve the requested transfer
 if in his opinion it is in the best interest of the state.
   Upon determination by the Secretary of the Department of Human Services
 that a Reallocation of Resources is necessary for the effective operation of
 the Medicaid Tobacco Settlement Program Grants, the Secretary, with the
 approval of the Governor, shall have the authority to request from the Chief
 Fiscal Officer of the State a transfer of Appropriation. This transfer
 authority applies only to the Medicaid Tobacco Settlement Program Grants
 appropriation section of this Act between the Hospital and Medical Services
 line item and the Prescription Drugs line item. The limitation restrictions
 applicable to the Department Reallocation of Resources authority applies to
 this section.
   The General Assembly has determined that the agency in this act could be
 operated more efficiently if some flexibility is given to that agency and
 that flexibility is being accomplished by providing authority to transfer
 between certain items of appropriation made by this act. Since the General
 Assembly has granted the agency broad powers under the transfer of
 appropriations, it is both necessary and appropriate that the General
 Assembly maintain oversight of the utilization of the transfers by requiring
 prior approval of the Legislative Council or Joint Budget Committee in the
 utilization of the transfer authority. Therefore, the requirement of approval
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 by the Legislative Council or Joint Budget Committee is not a severable part
 of this section. If the requirement of approval by the Legislative Council or
 Joint Budget Committee is ruled unconstitutional by a court of competent
 jurisdiction, this entire section is void.
   The provisions of this section shall be in effect only from July 1, 2023
 2024 through June 30, 2024 2025.
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     SECTION 10. SPECIAL LANGUAGE.        NOT TO BE INCORPORATED INTO THE ARKANSAS
 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW.
 COMPLIANCE WITH OTHER LAWS.     Disbursement of funds authorized by this act
 shall be limited to the appropriation for such agency and funds made
 available by law for the support of such appropriations; and the restrictions
 of the State Purchasing Law, the General Accounting and Budgetary Procedures
 Law, the Regular Salary Procedures and Restrictions Act, or their successors,
 and other fiscal control laws of this State, where applicable, and
 regulations promulgated by the Department of Finance and Administration, as
 authorized by law, shall be strictly complied with in disbursement of said
 funds.
   The provisions of this section shall be in effect only from July 1, 2023
 2024 through June 30, 2024 2025.
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     SECTION 11. SPECIAL LANGUAGE.        NOT TO BE INCORPORATED INTO THE ARKANSAS
 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW.
 LEGISLATIVE INTENT.     It is the intent of the General Assembly that any funds
 disbursed under the authority of the appropriations contained in this act
 shall be in compliance with the stated reasons for which this act was
 adopted, as evidenced by Initiated Act 1 of 2000, the Agency Requests,
 Executive Recommendations and Legislative Recommendations contained in the
 budget manuals prepared by the Department of Finance and Administration,
 letters, or summarized oral testimony in the official minutes of the Arkansas
 Legislative Council or Joint Budget Committee which relate to its passage and
 adoption.
   The provisions of this section shall be in effect only from July 1, 2023
 2024 through June 30, 2024 2025.
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          SECTION 12. EMERGENCY CLAUSE.       It is found and determined by the
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 General Assembly, that the Constitution of the State of Arkansas prohibits
 the appropriation of funds for more than a one (1) year period; that the
 effectiveness of this Act on July 1, 2024 is essential to the operation of
 the agency for which the appropriations in this Act are provided, and that in
 the event of an extension of the legislative session, the delay in the
 effective date of this Act beyond July 1, 2024 could work irreparable harm
 upon the proper administration and provision of essential governmental
 programs. Therefore, an emergency is hereby declared to exist and this Act
 being necessary for the immediate preservation of the public peace, health
 and safety shall be in full force and effect from and after July 1, 2024.
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                               APPROVED: 4/19/24
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