AR
Arkansas House Bill HB1096

Arkansas 2025 Regular Session

Arkansas House Bill HB1096 Compare Versions

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11 Stricken language would be deleted from and underlined language would be added to present law.
2-Act 786 of the Regular Session
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5-State of Arkansas As Engrossed: H3/12/25 1
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3+State of Arkansas 1
64 95th General Assembly A Bill 2
75 Regular Session, 2025 HOUSE BILL 1096 3
86 4
97 By: Joint Budget Committee 5
108 6
119 7
1210 For An Act To Be Entitled 8
1311 AN ACT TO MAKE AN APPROPRIATION FOR THE MEDICAID 9
1412 TOBACCO SETTLEMENT PROGRAM FOR THE DEPARTMENT OF 10
1513 HUMAN SERVICES FOR THE FISCAL YEAR ENDING JUNE 30, 11
1614 2026; AND FOR OTHER PURPOSES. 12
1715 13
1816 14
1917 Subtitle 15
2018 AN ACT FOR THE DEPARTMENT OF HUMAN 16
2119 SERVICES - MEDICAID TOBACCO SETTLEMENT 17
2220 PROGRAM APPROPRIATION FOR THE 2025 -2026 18
2321 FISCAL YEAR. 19
2422 20
2523 21
2624 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 22
2725 23
2826 SECTION 1. REGULAR SALARIES - MEDICAL SERVICES - MEDICAID TOBACCO 24
2927 SETTLEMENT PROGRAM. There is hereby established for the Department of Human 25
3028 Services - Division of Medical Services - Medicaid Tobacco Settlement Program 26
3129 for the 2025-2026 fiscal year, the following maximum number of regular 27
3230 employees. 28
3331 29
3432 Maximum Annual 30
3533 Maximum Salary Rate 31
3634 Item Class No. of Fiscal Year 32
3735 No. Code Title Employees 2025-2026 33
3836 (1) G152C DHS PROGRAM MANAGER 1 GRADE GS08 34
3937 MAX. NO. OF EMPLOYEES 1 35
40- 36 As Engrossed: H3/12/25 HB1096
38+ 36 HB1096
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45- SECTION 2. REGULAR SALARIES - AGING, ADULT, AND BEHAVIORAL HEALTH 1
46-SERVICES - MEDICAID TOBACCO SETTLEMENT PROGRAM. There is hereby established 2
47-for the Department of Human Services - Division of Aging, Adult, and 3
48-Behavioral Health Services - Medicaid Tobacco Settlement Program for the 4
49-2025-2026 fiscal year, the following maximum number of regular employees. 5
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41+ SECTION 2. REGULAR SALARIES - PROVIDER SERVICES AND QUALITY ASSURANCE - 1
42+MEDICAID TOBACCO SETTLEMENT PROGRAM . There is hereby established for the 2
43+Department of Human Services - Division of Provider Services and Quality 3
44+Assurance - Medicaid Tobacco Settlement Program for the 2025-2026 fiscal 4
45+year, the following maximum number of regular employees. 5
5046 6
5147 Maximum Annual 7
5248 Maximum Salary Rate 8
5349 Item Class No. of Fiscal Year 9
5450 No. Code Title Employees 2025-2026 10
5551 (1) L038C REGISTERED NURSE 1 GRADE MP01 11
5652 (2) G129C DHS/DCO PROGRAM MANAGER 1 GRADE GS08 12
5753 (3) M037C PROGRAM ELIGIBILITY SUPERVISOR 2 GRADE GS07 13
5854 (4) M066C PROGRAM ELIGIBILITY SPECIALIST 14 GRADE GS06 14
5955 MAX. NO. OF EMPLOYEES 18 15
6056 16
6157 SECTION 3. APPROPRIATION - MEDICAL SERVICES - MEDICAID TOBACCO 17
6258 SETTLEMENT PROGRAM. There is hereby appropriated, to the Department of Human 18
6359 Services, to be payable from the Medicaid Expansion Program Account , for 19
6460 personal services and operating expenses of the Department of Human Services 20
6561 - Division of Medical Services - Medicaid Tobacco Settlement Program for the 21
6662 fiscal year ending June 30, 2026, the following: 22
6763 23
6864 ITEM FISCAL YEAR 24
6965 NO. 2025-2026 25
7066 (01) REGULAR SALARIES $55,025 26
7167 (02) PERSONAL SERVICES MATCHING 20,741 27
7268 (03) MAINT. & GEN. OPERATION 28
7369 (A) OPER. EXPENSE 9,484 29
7470 (B) CONF. & TRAVEL 2,000 30
7571 (C) PROF. FEES 0 31
7672 (D) CAP. OUTLAY 0 32
7773 (E) DATA PROC. 0 33
7874 TOTAL AMOUNT APPROPRIATED $87,250 34
7975 35
80- SECTION 4. APPROPRIATION - MEDICAL SERVICES - MEDICAID TOBACCO 36 As Engrossed: H3/12/25 HB1096
76+ SECTION 4. APPROPRIATION - MEDICAL SERVICES - MEDICAID TOBACCO 36 HB1096
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8579 SETTLEMENT PROGRAM GRANTS . There is hereby appropriated, to the Department 1
8680 of Human Services, to be payable from the Medicaid Expansion Program Account , 2
8781 for grant payments of the Department of Human Services - Division of Medical 3
8882 Services - Medicaid Tobacco Settlement Program Grants for the fiscal year 4
8983 ending June 30, 2026, the following: 5
9084 6
9185 ITEM FISCAL YEAR 7
9286 NO. 2025-2026 8
9387 (01) HOSPITAL AND MEDICAL SERVICES $140,426,470 9
9488 (02) PRESCRIPTION DRUGS 5,142,643 10
9589 TOTAL AMOUNT APPROPRIATED $145,569,113 11
9690 12
97- SECTION 5. APPROPRIATION - AGING, ADULT, AND BEHAVIORAL HEALTH SERVICES 13
98-- MEDICAID TOBACCO SETTLEMENT PROGRAM. There is hereby appropriated, to the 14
91+ SECTION 5. APPROPRIATION - PROVIDER SERVICES AND QUALITY ASSURANCE - 13
92+MEDICAID TOBACCO SETTLEMENT PROGRAM . There is hereby appropriated, to the 14
9993 Department of Human Services , to be payable from the Medicaid Expansion 15
10094 Program Account, for personal services and operating expenses of the 16
101-Department of Human Services - Division of Aging, Adult, and Behavioral 17
102-Health Services - Medicaid Tobacco Settlement Program for the fiscal year 18
103-ending June 30, 2026, the following: 19
95+Department of Human Services - Division of Provider Services and Quality 17
96+Assurance - Medicaid Tobacco Settlement Program for the fiscal year ending 18
97+June 30, 2026, the following: 19
10498 20
10599 ITEM FISCAL YEAR 21
106100 NO. 2025-2026 22
107101 (01) REGULAR SALARIES $860,531 23
108102 (02) PERSONAL SERVICES MATCHING 342,463 24
109103 (03) MAINT. & GEN. OPERATION 25
110104 (A) OPER. EXPENSE 98,598 26
111105 (B) CONF. & TRAVEL 0 27
112106 (C) PROF. FEES 0 28
113107 (D) CAP. OUTLAY 0 29
114108 (E) DATA PROC. 0 30
115109 TOTAL AMOUNT APPROPRIATED $1,301,592 31
116110 32
117111 SECTION 6. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 33
118112 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. ACCOUNTS. 34
119113 Such appropriations and fund accounts as may be necessary to administer the 35
120-provisions of this act shall be established on the books of the Chief Fiscal 36 As Engrossed: H3/12/25 HB1096
114+provisions of this act shall be established on the books of the Chief Fiscal 36 HB1096
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125117 Officer of the State, State Treasurer, and the Auditor of the State. 1
126118 The provisions of this section shall be in effect only from July 1, 2024 2
127119 2025 through June 30, 2025 2026. 3
128120 4
129121 SECTION 7. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 5
130122 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. 6
131123 POSITIONS. (a) Nothing in this act shall be construed as a commitment of the 7
132124 State of Arkansas or any of its agencies or institutions to continue funding 8
133125 any position paid from the proceeds of the Tobacco Settlement in the event 9
134126 that Tobacco Settlement funds are not sufficient to finance the position. 10
135127 (b) State funds will not be used to replace Tobacco Settlement funds when 11
136128 such funds expire, unless appropriated by the General Assembly and authorized 12
137129 by the Governor. 13
138130 (c) A disclosure of the language contained in (a) and (b) of this Section 14
139131 shall be made available to all new hire and current positions paid from the 15
140132 proceeds of the Tobacco Settlement by the Tobacco Settlement Commission. 16
141133 (d) Whenever applicable the information contained in (a) and (b) of this 17
142134 Section shall be included in the employee handbook and/or Professional 18
143135 Services Contract paid from the proceeds of the Tobacco Settlement. 19
144136 The provisions of this section shall be in effect only from July 1, 2024 20
145137 2025 through June 30, 2025 2026. 21
146138 22
147139 SECTION 8. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 23
148140 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. TRANSFER 24
149141 RESTRICTIONS. The appropriations provided in this act shall not be 25
150142 transferred under the provisions of Arkansas Code 19 -4-522, but only as 26
151143 provided by this act. 27
152144 The provisions of this section shall be in effect only from July 1, 2024 28
153145 2025 through June 30, 2025 2026. 29
154146 30
155147 SECTION 9. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 31
156148 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. TRANSFERS 32
157149 OF APPROPRIATIONS. In the event the amount of any of the budget 33
158150 classifications of maintenance and general operation in this act are found by 34
159151 the administrative head of the agency to be inadequate, then the agency head 35
160-may request, upon forms provided for such purpose by the Chief Fiscal Officer 36 As Engrossed: H3/12/25 HB1096
152+may request, upon forms provided for such purpose by the Chief Fiscal Officer 36 HB1096
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165155 of the State, a modification of the amounts of the budget classification. In 1
166156 that event, he shall set out on the forms the particular classifications for 2
167157 which he is requesting an increase or decrease, the amounts thereof, and his 3
168158 reasons therefor. In no event shall the total amount of the budget exceed 4
169159 either the amount of the appropriation or the amount of the funds available, 5
170160 nor shall any transfer be made from the capital outlay or data processing 6
171161 subclassifications unless specific authority for such transfers is provided 7
172162 by law, except for transfers from capital outlay to data processing when 8
173163 determined by the Division of Information Systems that data processing 9
174164 services for a state agency can be performed on a more cost -efficient basis 10
175165 by the Division of Information Systems than through the purchase of data 11
176166 processing equipment by that state agency. In considering the proposed 12
177167 modification as prepared and submitted by each state agency, the Chief Fiscal 13
178168 Officer of the State shall make such studies as he deems necessary. The Chief 14
179169 Fiscal Officer of the State shall, after obtaining the approval of the 15
180170 Legislative Council or Joint Budget Committee, approve the requested transfer 16
181171 if in his opinion it is in the best interest of the state. 17
182172 Upon determination by the Secretary of the Department of Human Services 18
183173 that a Reallocation of Resources is necessary for the effective operation of 19
184174 the Medicaid Tobacco Settlement Program Grants, the Secretary, with the 20
185175 approval of the Governor, shall have the authority to request from the Chief 21
186176 Fiscal Officer of the State a transfer of Appropriation. This transfer 22
187177 authority applies only to the Medicaid Tobacco Settlement Program Grants 23
188178 appropriation section of this Act between the Hospital and Medical Services 24
189179 line item and the Prescription Drugs line item. The limitation restrictions 25
190180 applicable to the Department Reallocation of Resources authority applies to 26
191181 this section. 27
192182 The General Assembly has determined that the agency in this act could be 28
193183 operated more efficiently if some flexibility is given to that agency and 29
194184 that flexibility is being accomplished by providing authority to transfer 30
195185 between certain items of appropriation made by this act. Since the General 31
196186 Assembly has granted the agency broad powers under the transfer of 32
197187 appropriations, it is both necessary and appropriate that the General 33
198188 Assembly maintain oversight of the utilization of the transfers by requiring 34
199189 prior approval of the Legislative Council or Joint Budget Committee in the 35
200-utilization of the transfer authority. Therefore, the requirement of approval 36 As Engrossed: H3/12/25 HB1096
190+utilization of the transfer authority. Therefore, the requirement of approval 36 HB1096
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205193 by the Legislative Council or Joint Budget Committee is not a severable part 1
206194 of this section. If the requirement of approval by the Legislative Council or 2
207195 Joint Budget Committee is ruled unconstitutional by a court of competent 3
208196 jurisdiction, this entire section is void. 4
209197 The provisions of this section shall be in effect only from July 1, 2024 5
210198 2025 through June 30, 2025 2026. 6
211199 7
212200 SECTION 10. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 8
213201 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. 9
214202 COMPLIANCE WITH OTHER LAWS. Disbursement of funds authorized by this act 10
215203 shall be limited to the appropriation for such agency and funds made 11
216204 available by law for the support of such appropriations; and the restrictions 12
217205 of the State Purchasing Law, the General Accounting and Budgetary Procedures 13
218206 Law, the Regular Salary Procedures and Restrictions Act, or their successors, 14
219207 and other fiscal control laws of this State, where applicable, and 15
220208 regulations promulgated by the Department of Finance and Administration, as 16
221209 authorized by law, shall be strictly complied with in disbursement of said 17
222210 funds. 18
223211 The provisions of this section shall be in effect only from July 1, 2024 19
224212 2025 through June 30, 2025 2026. 20
225213 21
226214 SECTION 11. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 22
227215 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. 23
228216 LEGISLATIVE INTENT. It is the intent of the General Assembly that any funds 24
229217 disbursed under the authority of the appropriations contained in this act 25
230218 shall be in compliance with the stated reasons for which this act was 26
231219 adopted, as evidenced by Initiated Act 1 of 2000, the Agency Requests, 27
232220 Executive Recommendations and Legislative Recommendations contained in the 28
233221 budget manuals prepared by the Department of Finance and Administration, 29
234222 letters, or summarized oral testimony in the official minutes of the Arkansas 30
235223 Legislative Council or Joint Budget Committee which relate to its passage and 31
236224 adoption. 32
237225 The provisions of this section shall be in effect only from July 1, 2024 33
238226 2025 through June 30, 2025 2026. 34
239227 35
240- SECTION 12. EMERGENCY CLAUSE. It is found and determined by the 36 As Engrossed: H3/12/25 HB1096
228+ SECTION 12. EMERGENCY CLAUSE. It is found and determined by the 36 HB1096
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245231 General Assembly, that the Constitution of the State of Arkansas prohibits 1
246232 the appropriation of funds for more than a one (1) year period; that the 2
247233 effectiveness of this Act on July 1, 2025 is essential to the operation of 3
248234 the agency for which the appropriations in this Act are provided, and that in 4
249235 the event of an extension of the legislative session, the delay in the 5
250236 effective date of this Act beyond July 1, 2025 could work irreparable harm 6
251237 upon the proper administration and provision of essential governmental 7
252238 programs. Therefore, an emergency is hereby declared to exist and this Act 8
253239 being necessary for the immediate preservation of the public peace, health 9
254240 and safety shall be in full force and effect from and after July 1, 2025. 10
255241 11
256-/s/Joint Budget Committee 12
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259-APPROVED: 4/17/25 15
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