Stricken language will be deleted and underlined language will be added.
Act 843 of the Regular Session
1 State of Arkansas As Engrossed: S3/22/21
2 93rd General Assembly A Bill
3 Regular Session, 2021 SENATE BILL 55
4
5 By: Joint Budget Committee
6
7 For An Act To Be Entitled
8 AN ACT TO MAKE AN APPROPRIATION FOR PERSONAL SERVICES
9 AND OPERATING EXPENSES FOR THE DEPARTMENT OF HUMAN
10 SERVICES - DIVISION OF MEDICAL SERVICES FOR THE
11 FISCAL YEAR ENDING JUNE 30, 2022; AND FOR OTHER
12 PURPOSES.
13
14
15 Subtitle
16 AN ACT FOR THE DEPARTMENT OF HUMAN
17 SERVICES - DIVISION OF MEDICAL SERVICES
18 APPROPRIATION FOR THE 2021-2022 FISCAL
19 YEAR.
20
21
22 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
23
24 SECTION 1. REGULAR SALARIES - OPERATIONS. There is hereby established
25 for the Department of Human Services - Division of Medical Services for the
26 2021-2022 fiscal year, the following maximum number of regular employees.
27
28 Maximum Annual
29 Maximum Salary Rate
30 Item Class No. of Fiscal Year
31 No. Code Title Employees 2021-2022
32 (1) N027N DHS DEPUTY DIRECTOR ADULT SERVICES 1 GRADE SE01
33 (2) L016N REGISTERED PHARMACIST 4 GRADE MP05
34 (3) L009C NURSE MANAGER 1 GRADE MP03
35 (4) L020C NURSING SERVICES UNIT MANAGER 1 GRADE MP02
36 (5) L027C REGISTERED NURSE SUPERVISOR 3 GRADE MP02
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1 (6) L038C REGISTERED NURSE 9 GRADE MP01
2 (7) D007C INFORMATION SYSTEMS MANAGER 2 GRADE IT08
3 (8) D030C INFORMATION SYSTEMS COORDINATOR 1 GRADE IT07
4 (9) D038C SENIOR SOFTWARE SUPPORT ANALYST 1 GRADE IT06
5 (10) D061C INFORMATION SYSTEMS COORDINATION SPEC 2 GRADE IT05
6 (11) D058C COMPUTER OPERATIONS COORDINATOR 1 GRADE IT04
7 (12) D068C INFORMATION SYSTEMS ANALYST 2 GRADE IT04
8 (13) N016N DHS DEP DIR ADMINISTRATIVE SVCS 1 GRADE GS15
9 (14) G286C DMS DEPUTY DIRECTOR 1 GRADE GS15
10 (15) N142N DHS/DAAS DEPUTY DIRECTOR 1 GRADE GS14
11 (16) A010C AGENCY CONTROLLER II 1 GRADE GS13
12 (17) N168N DHS DIR HOME & COMMUNITY BASED SVCS 1 GRADE GS12
13 (18) P004N DHS DIRECTOR OF PUBLIC RELATIONS 1 GRADE GS12
14 (19) A016C DHS DMS BUSINESS OPERATIONS MANAGER 6 GRADE GS12
15 (20) N167N DHS POLICY & RESEARCH DIRECTOR 1 GRADE GS12
16 (21) G076C ADMINISTRATIVE SERVICES MANAGER 1 GRADE GS10
17 (22) G073C ATTORNEY 1 GRADE GS10
18 (23) L010C DHS DMS MEDICAL ASSISTANCE MANAGER 3 GRADE GS10
19 (24) G099C DHS PROGRAM ADMINISTRATOR 16 GRADE GS09
20 (25) R021C BUDGET ANALYST 1 GRADE GS08
21 (26) G152C DHS PROGRAM MANAGER 8 GRADE GS08
22 (27) X067C HEALTH FACILITIES SURVEYOR 1 GRADE GS08
23 (28) A081C AUDITOR 1 GRADE GS07
24 (29) G183C DHS PROGRAM COORDINATOR 7 GRADE GS07
25 (30) M039C MEDICAID SERVICES SUPERVISOR 1 GRADE GS07
26 (31) P013C PUBLIC INFORMATION COORDINATOR 1 GRADE GS07
27 (32) C037C ADMINISTRATIVE ANALYST 2 GRADE GS06
28 (33) R027C BUDGET SPECIALIST 2 GRADE GS06
29 (34) G198C DHS/DAAS PROGRAM SPECIALIST 1 GRADE GS06
30 (35) G180C GRANTS ANALYST 1 GRADE GS06
31 (36) C013C MEDICAL SERVICES REPRESENTATIVE 1 GRADE GS06
32 (37) G178C POLICY DEVELOPMENT COORDINATOR 1 GRADE GS06
33 (38) X136C QUALITY ASSURANCE REVIEWER 1 GRADE GS06
34 (39) C050C ADMINISTRATIVE SUPPORT SUPERVISOR 1 GRADE GS05
35 (40) L070C HEALTH CARE ANALYST 8 GRADE GS05
36 (41) C056C ADMINISTRATIVE SPECIALIST III 9 GRADE GS04
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1 (42) A098C FISCAL SUPPORT SPECIALIST 1 GRADE GS04
2 MAX. NO. OF EMPLOYEES 110
3
4 SECTION 2. EXTRA HELP - OPERATIONS. There is hereby authorized, for
5 the Department of Human Services - Division of Medical Services for the 2021-
6 2022 fiscal year, the following maximum number of part-time or temporary
7 employees, to be known as "Extra Help", payable from funds appropriated
8 herein for such purposes: ten (10) temporary or part-time employees, when
9 needed, at rates of pay not to exceed those provided in the Uniform
10 Classification and Compensation Act, or its successor, or this act for the
11 appropriate classification.
12
13 SECTION 3. APPROPRIATION - OPERATIONS. There is hereby appropriated,
14 to the Department of Human Services, to be payable from the paying account as
15 determined by the Chief Fiscal Officer of the State, for personal services
16 and operating expenses of the Department of Human Services - Division of
17 Medical Services for the fiscal year ending June 30, 2022, the following:
18
19 ITEM FISCAL YEAR
20 NO. 2021-2022
21 (01) REGULAR SALARIES $6,317,233
22 (02) EXTRA HELP 201,892
23 (03) PERSONAL SERVICES MATCHING 2,114,506
24 (04) OVERTIME 2,241
25 (05) MAINT. & GEN. OPERATION
26 (A) OPER. EXPENSE 1,813,290
27 (B) CONF. & TRAVEL 40,099
28 (C) PROF. FEES 500,000
29 (D) CAP. OUTLAY 0
30 (E) DATA PROC. 0
31 (06) DATA PROCESSING SERVICES 1,499,600
32 TOTAL AMOUNT APPROPRIATED $12,488,861
33
34 SECTION 4. APPROPRIATION - GRANTS. There is hereby appropriated, to
35 the Department of Human Services, to be payable from the paying account as
36 determined by the Chief Fiscal Officer of the State, for grant payments of
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1 the Department of Human Services - Division of Medical Services for the
2 fiscal year ending June 30, 2022, the following:
3
4 ITEM FISCAL YEAR
5 NO. 2021-2022
6 (01) ARKIDS B PROGRAM $207,222,020
7 (02) HOSPITAL AND MEDICAL SERVICES 7,147,865,506
8 (03) PRESCRIPTION DRUGS 579,386,547
9 (04) PRIVATE NURSING HOME CARE 842,142,061
10 (05) CHILD AND FAMILY LIFE INSTITUTE 2,100,000
11 (06) INFANT INFIRMARY 18,588,441
12 (07) PUBLIC NURSING HOME CARE 257,529,350
13 TOTAL AMOUNT APPROPRIATED $9,054,833,925
14
15 SECTION 5. APPROPRIATION - NURSING HOME CLOSURE COSTS. There is hereby
16 appropriated, to the Department of Human Services - Division of Medical
17 Services, to be payable from the Long-Term Care Trust Fund, for the payment
18 of relocation costs of residents in long-term care facilities, maintenance
19 and operation of a facility pending correction of deficiencies or closure,
20 and reimbursement of residents for personal funds lost for the fiscal year
21 ending June 30, 2022, the following:
22
23 ITEM FISCAL YEAR
24 NO. 2021-2022
25 (01) EXPENSES $4,500,000
26
27 SECTION 6. APPROPRIATION - LONG-TERM CARE FACILITY RECEIVERSHIP. There
28 is hereby appropriated, to the Department of Human Services, to be payable
29 from the Long Term Care Facility Receivership Fund Account, for the payment
30 of expenses of long-term care facility receivers as authorized by law of the
31 Department of Human Services - Division of Medical Services - Long-Term Care
32 Facility Receivership for the fiscal year ending June 30, 2022, the
33 following:
34
35 ITEM FISCAL YEAR
36 NO. 2021-2022
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1 (01) EXPENSES $100,000
2
3 SECTION 7. APPROPRIATION - NURSING HOME QUALITY GRANTS. There is
4 hereby appropriated, to the Department of Human Services, to be payable from
5 the Long-Term Care Trust Fund, for Nursing Home Quality Care Grants of the
6 Department of Human Services - Division of Medical Services - Nursing Home
7 Quality Grants for the fiscal year ending June 30, 2022, the following:
8
9 ITEM FISCAL YEAR
10 NO. 2021-2022
11 (01) NURSING HOME QUALITY GRANTS AND AID $4,000,000
12
13 SECTION 8. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS
14 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. MEDICAL
15 SERVICES - PHARMACEUTICAL DISPENSING FEE SURVEY. No more than two years prior
16 to making any changes to the current pharmaceutical dispensing fee, the State
17 shall conduct an independent survey utilizing generally accepted accounting
18 principles, to determine the cost of dispensing a prescription by pharmacists
19 in Arkansas. Only factors relative to the cost of dispensing shall be
20 surveyed. These factors shall not include actual acquisition costs or average
21 profit or any combination of actual acquisition costs or average profit. The
22 survey results shall be the basis for establishing the dispensing fee paid to
23 participating pharmacies in the Medicaid prescription drug program in
24 accordance with Federal requirements. The dispensing fee shall be no lower
25 than the cost of dispensing as determined by the survey. Nothing in this
26 section shall be construed to prohibit the State from increasing the
27 dispensing fee at any time.
28 The provisions of this section shall be in effect only from July 1, 2020
29 2021 through June 30, 2021 2022.
30
31 SECTION 9. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS
32 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. MEDICAL
33 SERVICES - GENERAL MEDICAID RATE METHODOLOGY PROVISIONS.
34 (a) Rates established by the Division of Medical Services for the services
35 or programs covered by this Act shall be calculated by the methodologies
36 approved by the Centers for Medicare and Medicaid Services (CMS). The
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1 Division of Medical Services shall have the authority to reduce or increase
2 rates based on the approved methodology. Further, the Division of Medical
3 Services shall have the authority to increase or decrease rates for good
4 cause including, but not limited to: (1) Identification of provider(s) who
5 can render needed services of equal quality at rates less than traditionally
6 charged and who meet the applicable federal and state laws, rules and
7 regulations pertaining to the provision of a particular service;
8 (2) Identification that a provider or group of providers has consistently
9 charged rates to the Arkansas Medicaid Program greater than to other
10 purchasers of medical services of similar size;
11 (3) The Division determines that there has been significant changes in the
12 technology or process by which services are provided by a provider or group
13 of providers which has affected the costs of providing services, or;
14 (4) A severe economic downturn in the Arkansas economy which has affected the
15 overall state budget of the Division of Medical Services.
16 The Division of Medical Services shall make available to requesting
17 providers, the CMS's inflationary forecasts (CMS Market Basket Index). Rates
18 established with cost of living increases based on the CMS Market Basket
19 Index or other indices will be adjusted annually except when the state budget
20 does not provide sufficient appropriation and funding to affect the change or
21 portion thereof.
22 (b) Any rate methodology changes proposed by the Division of Medical
23 Services both of a general and specific nature, shall be subject to prior
24 approval by the Legislative Council or Joint Budget Committee.
25 Determining the maximum number of employees and the maximum amount of
26 appropriation and general revenue funding for a state agency each fiscal year
27 is the prerogative of the General Assembly. This is usually accomplished by
28 delineating such maximums in the appropriation act(s) for a state agency and
29 the general revenue allocations authorized for each fund and fund account by
30 amendment to the Revenue Stabilization law. Further, the General Assembly has
31 determined that the Department of Human Services Division of Medical
32 Services may operate more efficiently if some flexibility is provided to the
33 Department of Human Services Division of Medical Services authorizing broad
34 powers under this section. Therefore, it is both necessary and appropriate
35 that the General Assembly maintain oversight by requiring prior approval of
36 the Legislative Council or Joint Budget Committee as provided by this
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1 section. The requirement of approval by the Legislative Council or Joint
2 Budget Committee is not a severable part of this section. If the requirement
3 of approval by the Legislative Council or Joint Budget Committee is ruled
4 unconstitutional by a court of competent jurisdiction, this entire section is
5 void.
6 The provisions of this section shall be in effect only from July 1, 2020
7 2021 through June 30, 2021 2022.
8
9 SECTION 10. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS
10 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. FUND
11 USAGE AUTHORIZED. The Arkansas Children's Hospital may request the Department
12 of Human Services - Division of Medical Services to retain in the Department
13 of Human Services Grant Fund account an amount not to exceed $2,100,000 from
14 funds made available by this Act in the Child and Family Life Institute line
15 item of the Grants appropriation to be used to match federal funds used for
16 supplemental Medicaid payments to Arkansas Children's Hospital. These
17 retained funds shall not be recovered to transfer to the General Revenue
18 Allotment Reserve Fund.
19 The provisions of this section shall be in effect only from July 1, 2020
20 2021 through June 30, 2021 2022.
21
22 SECTION 11. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS
23 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. STATE
24 PLAN. The State Plan must include the provision of EPSDT services as those
25 services are defined in 42 U.S.C. 1396d(r). See 42 U.S.C.
26 1396a(a)(10)(A), 1396d(a)(4)(B); see also 1396a(a)(43). Section 1396d(r)
27 lists in detail the screening services, vision services, dental services, and
28 heari