Stricken language will be deleted and underlined language will be added.
Act 213 of the Fiscal Session
1 State of Arkansas As Engrossed: S3/2/22
2 93rd General Assembly A Bill
3 Fiscal Session, 2022 SENATE BILL 54
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, 2023; 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 2022-2023 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 2022-2023 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 2022-2023
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 8 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 6 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 1 GRADE GS06
29 (34) G180C GRANTS ANALYST 1 GRADE GS06
30 (35) C013C MEDICAL SERVICES REPRESENTATIVE 1 GRADE GS06
31 (36) G178C POLICY DEVELOPMENT COORDINATOR 1 GRADE GS06
32 (37) X136C QUALITY ASSURANCE REVIEWER 1 GRADE GS06
33 (38) C050C ADMINISTRATIVE SUPPORT SUPERVISOR 1 GRADE GS05
34 (39) L070C HEALTH CARE ANALYST 7 GRADE GS05
35 (40) C056C ADMINISTRATIVE SPECIALIST III 4 GRADE GS04
36 (41) A098C FISCAL SUPPORT SPECIALIST 1 GRADE GS04
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1 (42) N249N DHS DIVISION DIRECTOR 1 GRADE SE02
2 (43) D006N STATE SYSTEMS ARCHITECT 1 GRADE IT10
3 (44) P077C DHS COMM & COMMUNITY ENGAGEMENT OFCR 1 GRADE GS14
4 (45) D026N DHS ELIGIBILITY SYSTEM PROGRAM MGR 1 GRADE GS13
5 (46) N110N DHS ASST DIR CONTRACT MONITORING UNIT 1 GRADE GS13
6 (47) G024C DEP ADMINISTRATIVE LAW JUDGE 1 GRADE GS12
7 (48) L040C DIETARY SERVICES DIRECTOR 1 GRADE GS09
8 MAX. NO. OF EMPLOYEES 102
9
10 SECTION 2. EXTRA HELP - OPERATIONS. There is hereby authorized, for
11 the Department of Human Services - Division of Medical Services for the 2022-
12 2023 fiscal year, the following maximum number of part-time or temporary
13 employees, to be known as "Extra Help", payable from funds appropriated
14 herein for such purposes: ten (10) temporary or part-time employees, when
15 needed, at rates of pay not to exceed those provided in the Uniform
16 Classification and Compensation Act, or its successor, or this act for the
17 appropriate classification.
18
19 SECTION 3. APPROPRIATION - OPERATIONS. There is hereby appropriated,
20 to the Department of Human Services, to be payable from the paying account as
21 determined by the Chief Fiscal Officer of the State, for personal services
22 and operating expenses of the Department of Human Services - Division of
23 Medical Services for the fiscal year ending June 30, 2023, the following:
24
25 ITEM FISCAL YEAR
26 NO. 2022-2023
27 (01) REGULAR SALARIES $6,555,157
28 (02) EXTRA HELP 201,892
29 (03) PERSONAL SERVICES MATCHING 2,194,598
30 (04) OVERTIME 2,241
31 (05) MAINT. & GEN. OPERATION
32 (A) OPER. EXPENSE 1,813,290
33 (B) CONF. & TRAVEL 40,099
34 (C) PROF. FEES 500,000
35 (D) CAP. OUTLAY 0
36 (E) DATA PROC. 0
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 As Engrossed: S3/2/22 SB54
1 (06) DATA PROCESSING SERVICES 1,499,600
2 TOTAL AMOUNT APPROPRIATED $12,806,877
3
4 SECTION 4. APPROPRIATION - GRANTS. There is hereby appropriated, to
5 the Department of Human Services, to be payable from the paying account as
6 determined by the Chief Fiscal Officer of the State, for grant payments of
7 the Department of Human Services - Division of Medical Services for the
8 fiscal year ending June 30, 2023, the following:
9
10 ITEM FISCAL YEAR
11 NO. 2022-2023
12 (01) ARKIDS B PROGRAM $207,222,020
13 (02) HOSPITAL AND MEDICAL SERVICES 7,547,865,506
14 (03) PRESCRIPTION DRUGS 579,386,547
15 (04) PRIVATE NURSING HOME CARE 842,142,061
16 (05) CHILD AND FAMILY LIFE INSTITUTE 2,100,000
17 (06) INFANT INFIRMARY 18,588,441
18 (07) PUBLIC NURSING HOME CARE 257,529,350
19 TOTAL AMOUNT APPROPRIATED $9,454,833,925
20
21 SECTION 5. APPROPRIATION - NURSING HOME CLOSURE COSTS. There is hereby
22 appropriated, to the Department of Human Services - Division of Medical
23 Services, to be payable from the Long-Term Care Trust Fund, for the payment
24 of relocation costs of residents in long-term care facilities, maintenance
25 and operation of a facility pending correction of deficiencies or closure,
26 and reimbursement of residents for personal funds lost for the fiscal year
27 ending June 30, 2023, the following:
28
29 ITEM FISCAL YEAR
30 NO. 2022-2023
31 (01) EXPENSES $4,500,000
32
33 SECTION 6. APPROPRIATION - LONG-TERM CARE FACILITY RECEIVERSHIP. There
34 is hereby appropriated, to the Department of Human Services, to be payable
35 from the Long Term Care Facility Receivership Fund Account, for the payment
36 of expenses of long-term care facility receivers as authorized by law of the
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 As Engrossed: S3/2/22 SB54
1 Department of Human Services - Division of Medical Services - Long-Term Care
2 Facility Receivership for the fiscal year ending June 30, 2023, the
3 following:
4
5 ITEM FISCAL YEAR
6 NO. 2022-2023
7 (01) EXPENSES $100,000
8
9 SECTION 7. APPROPRIATION - NURSING HOME QUALITY GRANTS. There is
10 hereby appropriated, to the Department of Human Services, to be payable from
11 the Long-Term Care Trust Fund, for Nursing Home Quality Care Grants of the
12 Department of Human Services - Division of Medical Services - Nursing Home
13 Quality Grants for the fiscal year ending June 30, 2023, the following:
14
15 ITEM FISCAL YEAR
16 NO. 2022-2023
17 (01) NURSING HOME QUALITY GRANTS AND AID $4,000,000
18
19 SECTION 8. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS
20 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. MEDICAL
21 SERVICES - PHARMACEUTICAL DISPENSING FEE SURVEY. No more than two years prior
22 to making any changes to the current pharmaceutical dispensing fee, the State
23 shall conduct an independent survey utilizing generally accepted accounting
24 principles, to determine the cost of dispensing a prescription by pharmacists
25 in Arkansas. Only factors relative to the cost of dispensing shall be
26 surveyed. These factors shall not include actual acquisition costs or average
27 profit or any combination of actual acquisition costs or average profit. The
28 survey results shall be the basis for establishing the dispensing fee paid to
29 participating pharmacies in the Medicaid prescription drug program in
30 accordance with Federal requirements. The dispensing fee shall be no lower
31 than the cost of dispensing as determined by the survey. Nothing in this
32 section shall be construed to prohibit the State from increasing the
33 dispensing fee at any time.
34 The provisions of this section shall be in effect only from July 1, 2021
35 2022 through June 30, 2022 2023.
36
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1 SECTION 9. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS
2 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. MEDICAL
3 SERVICES - GENERAL MEDICAID RATE METHODOLOGY PROVISIONS.
4 (a) Rates established by the Division of Medical Services for the services
5 or programs covered by this Act shall be calculated by the methodologies
6 approved by the Centers for Medicare and Medicaid Services (CMS). The
7 Division of Medical Services shall have the authority to reduce or increase
8 rates based on the approved methodology. Further, the Division of Medical
9 Services shall have the authority to increase or decrease rates for good
10 cause including, but not limited to: (1) Identification of provider(s) who
11 can render needed services of equal quality at rates less than traditionally
12 charged and who meet the applicable federal and state laws, rules and
13 regulations pertaining to the provision of a particular service;
14 (2) Identification that a provider or group of providers has consistently
15 charged rates to the Arkansas Medicaid Program greater than to other
16 purchasers of medical services of similar size;
17 (3) The Division determines that there has been significant changes in the
18 technology or process by which services are provided by a provider or group
19 of providers which has affected the costs of providing services, or;
20 (4) A severe economic downturn in the Arkansas economy which has affected the
21 overall state budget of the Division of Medical Services.
22 The Division of Medical Services shall make available to requesting
23 providers, the CMS's inflationary forecasts (CMS Market Basket Index). Rates
24 established with cost of living increases based on the CMS Market Basket
25 Index or other indices will be adjusted annually except when the state budget
26 does not provide sufficient appropriation and funding to affect the change or
27 portion thereof.
28 (b) Any rate methodology changes proposed by the Division of Medical
29 Services both of a general and specific nature, shall be subject to prior
30 approval by the Legislative Council or Joint Budget Committee.
31 Determining the maximum number of employees and the maximum amount of
32 appropriation and general revenue funding for a state agency each fiscal year
33 is the prerogative of the General Assembly. This is usually accomplished by
34 delineating such maximums in the appropriation act(s) for a state agency and
35 the general revenue allocations authorized for each fund and fund account by
36 amendment to the Revenue Stabilization law. Further, the General Assembly has
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 As Engrossed: S3/2/22 SB54
1 determined that the Department of Human Services Division of Medical
2 Services may operate more efficiently if some flexibility is provided to the
3 Department of Human Services Division of Medical Services authorizing broad
4 powers under this section. Therefore, it is both necessary and appropriate
5 that the General Assembly maintain oversight by requiring prior approval of
6 the Legislative Council or Joint Budget Committee as provided by this
7 section. The requirement of approval by the Legislative Council or Joint
8 Budget Committee is not a severable part of this section. If the requirement
9 of approval by the Legislative Council or Joint Budget Committee is ruled
10 unconstitutional by a court of competent jurisdiction, this entire section is
11 void.
12 The provisions of this section shall be in effect only from July 1, 2021
13 2022 through June 30, 2022 2023.
14
15 SECTION 10. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS
16 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. FUND
17 USAGE AUTHORIZED. The Arkansas Children's Hospital may request the Department
18 of Human Services - Division of Medical Services to retain in the Department
19 of Human Services Grant Fund account an amount not to exceed $2,100,000 from
20 funds made available by this Act in the Child and Family Life Institute line
21 item of the Grants appropriation to be used to match federal funds used for
22 supplemental Medicaid payments to Arkansas Children's Hospital. These
23 retained funds shall not be recovered to transfer to the General Revenue
24 Allotment Reserve Fund.
25 The provisions of this section shall be in effect only from July 1, 2021
26 2022 through June 30, 2022 2023.
27
28 SECTION