20 CAR Part 544 — Appeals

Chapter XIV

Subchapter A

Subpart 1

20 CAR § 544-101 Purpose {#sec-20-car-544-101 omnilex-key=us-ar-regs-official--title-20-part-544--20 CAR § 544-101}

20 CAR § 544-101. Purpose.

This part is provided to allow for appealing decisions made by the Division of Developmental Disabilities Services regarding the following programs:

(1) Human development centers;

(2) Community programs and services;

(3) Medicaid Home and Community-Based Waiver services;

(4) Licensure of community programs/services and certification of providers of waiver services, providers of early intervention voucher services, and independent (self-employed) care coordinators; and

(5)(A) Nursing facility PASRR determinations.

(B) These determinations are made as required by the Omnibus Budget Reconciliation Act of 1987 (OBRA), Pub. L. No. 100-203, for persons with an ID/DD diagnosis who seek admission or for whom admission is sought to a nursing facility.

(C) It includes annual reviews for continued stay.

History

• Codification Notes: "ID/DD" means intellectual disability/developmental disability."PASRR" means preadmission screening and resident review. Authorities: Arkansas Code § 20-48-205; Arkansas Code § 20-48-210; Arkansas Code § 20-77-1716

20 CAR § 544-102 Scope {#sec-20-car-544-102 omnilex-key=us-ar-regs-official--title-20-part-544--20 CAR § 544-102}

20 CAR § 544-102. Scope.

(a) This part applies to:

(1) Recipients of services and their parents/guardians;

(2) Community programs;

(3) Service providers;

(4) Care coordinators;

(5) Other interested parties; and

(6) All Division of Developmental Disabilities Services employees.

(b)(1) The Board of Developmental Disabilities Services, according to board Policy 1003, has delegated its authority to hear appeals to the Director of the Division of Developmental Disabilities Services.

(2) The director hereby adopts this part to apply to all appeals of division services.

20 CAR § 544-103 General provisions {#sec-20-car-544-103 omnilex-key=us-ar-regs-official--title-20-part-544--20 CAR § 544-103}

20 CAR § 544-103. General provisions.

(a) All reconsiderations and appeals of Division of Developmental Disabilities Services decisions shall be made in accordance with the:

(1) Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq.;

(2) Medicaid Fairness Act, Arkansas Code § 20-77-1701 et seq.; and

(3) Medicaid Provider Manual §§ 160.000, 190.000, and 191.000.

(b)(1) Reconsiderations will be heard by the Director of the Division of Developmental Disabilities Services or their designee, and must be filed within fifteen (15) business days of receipt of the denial notice.

(2) Reconsideration requests should be mailed to:

DDS Director’s Office P.O. Box 1437, Slot N501 Little Rock, AR 72201-1437