Arkansas 2025 Regular Session

Arkansas House Bill HB1172 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	Stricken language would be deleted from and underlined language would be added to present law.
2	2	JMB124 01/16/2025 1:35:03 PM JMB124
3	3	State of Arkansas 1
4	4	95th General Assembly A Bill 2
5	5	Regular Session, 2025 HOUSE BILL 1172 3
6	6	4
7	7	By: Representatives L. Johnson, Gramlich 5
8	8	6
9	9	7
10	10	For An Act To Be Entitled 8
11	11	AN ACT TO ADD DEFINITIONS TO THE MEDICAID FAIRNESS 9
12	12	ACT TO ENSURE THAT ALL RULE ENFORCEMENT ACTIONS ARE 10
13	13	APPEALABLE; AND FOR OTHER PURPOSES. 11
14	14	12
15	15	13
16	16	Subtitle 14
17	17	TO ADD DEFINITIONS TO THE MEDICAID 15
18	18	FAIRNESS ACT TO ENSURE THAT ALL RULE 16
19	19	ENFORCEMENT ACTIONS ARE APPEALABLE. 17
20	20	18
21	21	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 19
22	22	20
23	23	SECTION 1. Arkansas Code § 20 -77-1702(2)(B), concerning the definition 21
24	24	of "adverse action" within the Medicaid Fairness Act, is amended to read as 22
25	25	follows: 23
26	26	(B) To constitute an adverse decision, an agency decision 24
27	27	need not have a monetary penalty attached but must have or a direct monetary 25
28	28	consequence to the provider , including an enforcement action . 26
29	29	27
30	30	SECTION 2. Arkansas Code § 20 -77-1702, concerning the definitions 28
31	31	within the Medicaid Fairness Act, is amended to add an additional subdivision 29
32	32	to read as follows: 30
33	33	(20) "Enforcement action" means an action or decision by the 31
34	34	department or its reviewers or contractors that affects a Medicaid provider 32
35	35	in regard to the enforcement of a rule of the department. 33
36	36	34
37	37	SECTION 3. Arkansas Code Title 20, Chapter 77, Subchapter 17, is 35
38	38	amended to add an additional section to read as follows: 36 HB1172
39	39
40	40	2 01/16/2025 1:35:03 PM JMB124
41	41	20-77-1719. Adverse actions resulting from enforcement actions. 1
42	42	In addition to the requirements of this subchapter regarding an adverse 2
43	43	action, the Department of Human Services shall ensure that an adverse action 3
44	44	resulting from an enforcement action meets the following minimum 4
45	45	requirements: 5
46	46	(1)(A) A provider shall be given no less than forty -eight (48) 6
47	47	hours' notice of a scheduled, routine monitor visit to conduct an 7
48	48	organization-wide one (1) time per licensing or certification period in a 8
49	49	single audit event. 9
50	50	(B) An inspection visit to conduct an investigation of a 10
51	51	complaint of non-compliance received from a third party shall not require 11
52	52	notice as described under subdivision (1)(A) of this section; 12
53	53	(2)(A) A provider may challenge a violation in any enforcement 13
54	54	action by filing a reconsideration request setting forth the reasons the 14
55	55	alleged violation resulting in an enforcement act is invalid. 15
56	56	(B) The reconsideration request shall be ruled upon by the 16
57	57	enforcement entity within thirty (30) calendar days of receipt of the 17
58	58	reconsideration request under subdivision (2)(A) of this section. 18
59	59	(C) If the reconsideration request under subdivision 19
60	60	(2)(A) of this section is not ruled upon within the time frame under 20
61	61	subdivision (2)(B) of this section, the violation shall be vacated by 21
62	62	operation of law; and 22
63	63	(3) If a provider's reconsideration request under subdivision 23
64	64	(2) of this section is not approved, the provider may administratively appeal 24
65	65	the violation. 25
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