016.28.21 Ark. Code R. 002
The following rules are duly adopted and promulgated by the Division of County Operations (DCO) of the Arkansas Department of Human Services (DHS) under the authority of Arkansas Code Annotated §§ 20-76-201, 20-76-401, 20 77-107, and 25-10-129.
Applicable Guidance:
Families First Coronavirus Response Act (Public Law 116-127 - March 18, 2020)
CMS Families First Coronavirus Response Act - Increased FMAP FAQ (question 6): https://www.medicaid.gov/state-resource-center/downloads/covid-19-section-6008-faqs.pdf
Coronavirus Aid, Relief, and Economic Security (CARES) Act (Public Law No. 116-136 - March 27, 2020)
42 C.F.R. § 433.400; 45 C.F.R. § 260-265, § 286; and TANF-ACF-PI-2007-08
In response to the COVID-19 pandemic, DHS identified programs and services that required additional flexibility or changes to adapt to ensuring the health and safety of our clients. This manual details them so that DHS may render uninterrupted assistance and services to our clients.
Appeal requests for the COVID-19 response policies must adhere to the policy set forth in the Medicaid Provider Manual Section 160.000 Administrative Reconsideration and Appeals which can be accessed at https://medicaid.mmis.arkansas.gov/Provider/Docs/all.aspx.
Each section of this manual is severable from all others. If any section of this manual is held to be invalid, illegal, or unenforceable, such determination shall not affect the validity of other sections in this manual and all such other sections shall remain in full force and effect. In such an event, all other sections shall be construed and enforced as if this section had not been included therein.
Centers for Medicaid and Medicare Services (CMS) provided guidance that outlines the allowances States are permitted to use for standards required for both eligibility and enrollment of beneficiaries during the National Health Emergency. The threat is that during the COVID-19 Pandemic, the State and/or beneficiaries may not be able to comply with eligibility and enrollment procedures regarding timeliness, renewals, asset verification, other verification policies, or change in circumstances, causing Medicaid cases to be denied or close, which will affect the household's access to health care.
The suspension of the following Medical Services Policy Sections is part of the Families First Corona Virus Response Act enhanced FMAP requirement.
Applicable Guidance: Families First Coronavirus Response Act (Public Law 116-127 - March 18, 2020), Section 6008(b), Coronavirus Aid, Relief, and Economic Security (CARES) Act
See also the CMS Families First Coronavirus Response Act - Increased FMAP FAQ (question 6): https://www.medicaid.gov/state-resource-center/downloads/covid-19-section-6008-faqs.pdf
Medical Services Policy A-200 details the Medicaid coverage periods for eligible beneficiaries. Due to the National Health Emergency, coverage periods affected due to ineligibility will be extended; except for closure requested by client, death, out-of-state residence, or incarceration. This policy is suspended until the end of the National Health Emergency.
Medical Services Policy F-130 has a requirement which mandates a beneficiary to cooperate with the Office of Child Support Enforcement. This requirement is suspended until the end of the National Health Emergency.
Medical Services Policy F-172 requires TEFRA beneficiaries to pay a premium in order to receive coverage. TEFRA premium adjustments and case closures for non-payment of premiums are suspended until the end of the National Health Emergency.
While the appeal is pending, the continuation of assistance (coverage) will be automatic for beneficiaries during the National Health Emergency.
The Supplemental Nutrition Assistance Program (SNAP) guidance that has been provided by Food and Nutrition Services (FNS) outlines the allowances States are permitted to use for standards for both eligibility and enrollment of recipients and the operation of the State Agency. The COVID-19 pandemic has altered the standard procedures of the Agency and has affected the compliance processing standards of the Agency and its recipients. The suspension of the following SNAP policy sections is in response to the National Health Emergency.
Applicable Guidance: Families First Coronavirus Response Act (Public Law 116-127 - March 18, 2020) and Coronavirus Aid, Relief, and Economic Security (CARES) Act (Public Law 116-136 - March 27, 2020)
The Supplemental Nutrition Assistance Program (SNAP) Policy 1622.2 describes the criteria that students must meet to be eligible for the program. A household member who is enrolled in an institution of higher education or an institution of post-secondary education is defined a student. Students are eligible to participate in SNAP if they:
This suspension will end at the conclusion of the National Health Emergency unless the regulating agency (FNS) ends suspension earlier.
The Supplemental Nutrition Assistance Program (SNAP) Policy 3503 states that Abled-Bodied Adults without Dependents are ineligible to receive SNAP benefits beyond a three-month period unless they meet the following criteria:
The Families First Coronavirus Response Act, March 2020, allowed flexibilities to States to grant good cause to individuals who were not able to comply with work requirements due to the National Health Emergency. In response to the National Health Emergency, DCO has suspended the work requirements for this group until the Secretary of the United States Department of Agriculture declares the National Public Health Emergency has ended.
Applicable Guidance: Families First Coronavirus Response Act (Public Law 116-127 - March 18, 2020)
Supplemental Nutrition Assistance Program (SNAP) Policy 13200 states that supplemental benefits are issued to a household to correct errors made by the agency or the automated system.
In response to the National Public Health Emergency, and provisions made in the Families First Coronavirus Response Act of 2020 (FFCRA), the agency will grant the maximum benefit amount the SNAP participants based on their household size.
The additional benefits will remain while both the National Public Health Emergency and State Public Health Emergency are in effect. The benefits end upon conclusion of either emergency.
The Administration of Children and Families (ACF) provided guidance to States outlining broad flexibility for adjustments to the TANF program due to the National Health Emergency. This guidance allows the States to make eligibility and enrollment adjustments for TANF applicants and recipients to be less burdensome. This is due to the extensive requirements to maintain eligibility or become eligible in TANF as households were affected by the National Health Emergency.
TEA Policy Section 2004 and 2004.1 addresses TEA interviews and the requirement that TEA interviews be face to face with the applicant. Due to the National Health Emergency, telephone interviews are allowed regardless of the application origin (paper or online). This suspension will remain in effect until the end of the National Public Health Emergency.
016.28.21 Ark. Code R. 002