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