Ark. Code Ann. § 19-5-985 (2026)

1. There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund to be known as the “Arkansas Medicaid Program Trust Fund”.
2. 1. The fund shall consist of the following:
      1. All revenues derived from taxes levied on soft drinks sold or offered for sale in Arkansas under the Arkansas Soft Drink Tax Act, § 26-57-901 et seq., there to be used exclusively for the state match of federal funds participation under the Arkansas Medicaid Program;
      2. The additional ambulance annual fees stated in § 20-13-212;
      3. The special revenues specified in §§ 19-6-301(156) and 19-6-301(236);
      4. The amounts collected under §§ 26-57-604 and 26-57-605 above the forecasted level for insurance premium taxes set by the Chief Fiscal Officer of the State under § 10-3-1404(a)(1)(A);
      5. The amount provided for in § 19-5-402(a)(3); and
      6. Payments from surety bonds issued regarding risk-based provider organizations, as defined in § 20-77-2703.
   2. If the Arkansas Medicaid Program should be discontinued for any reason, the revenues derived from the soft drink tax levied in the Arkansas Soft Drink Tax Act, § 26-57-901 et seq., and the funds described in subdivision (b)(1)(E) of this section shall be used exclusively to provide services to Arkansas residents comparable to the services now provided under the Arkansas Medicaid Program.

History. Acts 1993, No. 1073, § 11; 1994 (2nd Ex. Sess.), No. 27, § 3; 1997, No. 1248, § 18; 2007, No. 1201, § 18; 2013, No. 1224, § 2; 2017, No. 141, § 2; 2017, No. 775, § 2.

A.C.R.C. Notes. Acts 1994 (2nd Ex. Sess.), No. 27, § 4, provided:

“It is the purpose and intent of this act to assure that the revenues derived from the tax levied on soft drinks in Arkansas Code § 26-57-901 will never become general revenues of the state but will be used exclusively for matching federal funds available to the state for the Arkansas Medicaid Program or in the event the Arkansas Medicaid Program is discontinued for any reason, such revenues will be used exclusively to provide to Arkansas residents those kinds of services now provided by the Arkansas Medicaid Program.”

Amendments. The 2013 amendment inserted (A) through (D) designations in (b)(1); substituted “Arkansas under the Arkansas Soft Drink Tax Act” for “Arkansas as provided in” in (b)(1)(A); in (b)(1)(B), substituted “stated in” for “as set out in” and deleted “and those” from the end; and substituted “§ 10-3-1404(a)(1)(A)” for “§ 10-3-1404(a)” in (b)(1)(D).

The 2017 amendment by No. 141 inserted (b)(1)(E); and inserted “and the funds described in subdivision (b)(1)(E) of this section” in (b)(2).

The 2017 amendment by No. 775 added (b)(1)(D) [now (b)(1)(F)].

Effective Dates. Acts 2017, No. 141, § 63, as amended by Acts 2017, No. 596, § 1: Jan. 1, 2018, except §§ 1, 62, effective Aug. 1, 2017. Effective date clause provided: “Sections 2 through 61 of this act are effective for tax years beginning on and after January 1, 2018.”