Arkansas Code Annotated

Ark. Code Ann. § 20-77-101 (2020)

Cost-sharing charges for medically indigent — Legislative intent

✓ Arkansas Code release r76: Acts through about 2020 (2021-2025 sessions missing)
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  1. It is the intent of the General Assembly that the Medicaid medical assistance program administered by the Department of Human Services is intended to be supplemental to other potential sources of payment which are or may be available to pay for the costs of medical care delivered to residents of this state. To ensure that the appropriated funds are available to meet the needs of those residents, it is hereby declared the public policy of the State of Arkansas that the program is the payor of last resort to supplement and not supplant other sources which are or may be available to any individual, except when federal requirements under Title V specify otherwise.
  2. The appropriate division of the department, in order to comply with Pub. L. No. 92-603, § 208, may, with respect to the medically indigent:
    1. Provide that an enrollment fee, premium, or similar charge may be imposed;
    2. Specify the amount of and the period of liability for the charges; and
    3. Define the state's policy regarding the effect on the recipient of nonpayment of required charges.

History. Acts 1974 (1st Ex. Sess.), No. 24, § 13; 1993, No. 249, § 1.

A.C.R.C. Notes. Title V, referred to in this section, is an apparent reference to Title V of the Social Security Act, codified as 42 U.S.C. § 501 et seq.

U.S. Code. Pub. L. No. 92-603, § 208, referred to in this section, is codified as 42 U.S.C. §§ 1396a and 1396a note.

Research References

Ark. L. Rev.

An Accident Waiting to Happen: Arkansas Department of Health and Human Services v. Ahlborn Exposes Inequities in Medical Benefits Legislation, 60 Ark. L. Rev. 533.

Case Notes

Eligibility.

Department of Human Services prevailed in its argument that the applicant's daughter sold the applicant a life estate in the daughter's home and spent thousands of dollars of the applicant's money to improve the home to artificially impoverish the applicant so that the applicant would be eligible for Medicaid. Groce v. Dir., 82 Ark. App. 447, 117 S.W.3d 618 (2003).

Public Policy and Trusts.

Trustee intended to modify the trust in order to qualify a beneficiary for public benefits; because impoverishing the beneficiary in order to qualify her would make the trust provisions void, the modified provisions would have been void on grounds of public policy, and the trial court's denial of the modification motion was that the purpose for modifying the trust would be defeated. In re Ruby G. Owen Trust, 2012 Ark. App. 381, 418 S.W.3d 421 (2012).

Trial court considered case law from other jurisdictions that permitted the modification the trustee requested in this case, in order to qualify a beneficiary for public benefits, but the trial court did not find that the modification was permissible under public policy and Arkansas law; the court was not left with a firm conviction that a mistake was committed. In re Ruby G. Owen Trust, 2012 Ark. App. 381, 418 S.W.3d 421 (2012).

Notes of Decisions
Cited in 10 cases (3 in the last 5 years), 1993–2022 · leading case: Arkansas Dep't of Human Servs. v. Walters, 866 S.W.2d 823 (Ark. 1993).
Arkansas Dep't of Human Servs. v. Walters, 866 S.W.2d 823 (Ark. 1993). · cites it 4× “Ark.Code Ann. § 20-77-101 (Supp.1993). The settlor argues that any attempt by the State to legislatively void the provision in her trust constitutes a retroactive legislative enactment.”
Arkansas Dep't of Health & Human Servs. v. Smith, 262 S.W.3d 167 (Ark. 2007). · cites it 2× “§ 20-10-129 (a)(4) (declaring it the legislature’s intent to give DHHS the authority to adopt rules in conformity with federal laws); Ark. Code Ann. § 20-77-101 (a) (Repl. 2001) (referring to the “Medicaid medical assistance program administered by the Department of Human…”
In re Ruby G. Owen Trust, 418 S.W.3d 421 (Ark. Ct. App. 2012). · cites it 2× “Ark.Code Ann. § 20-77-101 (2004). Medicaid is the “payor of last resort [intended] to supplement and not supplant other sources.”
Est. of Martin v. Ark. Dep't of Human Servs., 2019 Ark. App. 180, 574 S.W.3d 693. · cites it 2× “Additionally, the laws authorizing DHS's repayment from a Medicaid recipient's third-party settlement were enacted to protect the integrity of the Medicaid program by preventing a Medicaid recipient from recovering payment for medical costs that he or she never paid in the first…”
Arkansas Dep't of Human Servs. v. Pierce, 2014 Ark. 251, 435 S.W.3d 469. · cites it 4× “According to DHS, this method for counting resources is consistent with the public policy of the State of Arkansas, as stated, in relevant part, in Arkansas Code Annotated section 20-77-101(a) (Repl. 2001): It is the intent of the General Assembly that the Medicaid medical…”
Arkansas Dep't of Human Servs. v. Wilson, 913 S.W.2d 783 (Ark. 1996). · cites it 2× “In another Act of the same 1993 session, the General Assembly declared the public policy of this State to be that Medicaid is to be the payor of last resort. It is only after the individual has exhausted his or her own resources that the taxpayers are to assume the financial…”
Groce v. Dir., 117 S.W.3d 618 (Ark. Ct. App. 2003). · cites it 2× “Ark. Code Ann. § 20-77-101 (a) (Supp. 1999).”
James Parsons v. Preferred Fam. Healthcare, Inc., 2022 Ark. App. 277, 647 S.W.3d 120. · cites it 2× “Accordingly, as in Bowerman, Arkansas patients received precisely the mental-health treatments prescribed by licensed medical personnel.”
James Parsons v. Preferred Fam. Healthcare, Inc., 2022 Ark. App. 277, 647 S.W.3d 120. · cites it 2× “Accordingly, as in Bowerman, Arkansas patients received precisely the mental-health treatments prescribed by licensed medical personnel.”
James Parsons v. Preferred Fam. Healthcare, Inc., 2022 Ark. App. 277, 647 S.W.3d 120. · cites it 2× “Accordingly, as in Bowerman, Arkansas patients received precisely the mental-health treatments prescribed by licensed medical personnel.”
Ark. Code Ann. § 20-77-101(a): 1 case
Arkansas Dep't of Human Servs. v. Pierce, 2014 Ark. 251, 435 S.W.3d 469. “According to DHS, this method for counting resources is consistent with the public policy of the State of Arkansas, as stated, in relevant part, in Arkansas Code Annotated section 20-77-101(a) (Repl. 2001): It is the intent of the General Assembly that the Medicaid medical…”
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