(a) The Department of Human Services shall:
(1) Create and administer the Health Care Independence Program; and
(2) (A) Submit and apply for any:
(i) Federal waivers necessary to implement the program in a manner consistent with this subchapter, including without limitation approval for a comprehensive waiver under section 1115 of the Social Security Act, 42 U.S.C. § 1315; and
(ii) (a) Medicaid State Plan Amendments necessary to implement the program in a manner consistent with this subchapter.
(b) The Department of Human Services shall submit only those Medicaid State Plan Amendments under subdivision (a)(2)(A)(ii)(a) of this section that are optional and therefore may be revoked by the state at its discretion.
(B) (i) As part of its actions under subdivision (a)(2)(A) of this section, the Department of Human Services shall confirm that employers shall not be subject to the penalties, including without limitation an assessable payment, under section 1513 of the Patient Protection and Affordable Care Act, Pub. L. No. 111-148, as existing on January 1, 2013, concerning shared responsibility, for employees who are eligible individuals if the employees:
(a) Are enrolled in the program; and
(b) Enroll in a Qualified Health Plan through the Arkansas Health Insurance Marketplace.
(ii) If the Department of Human Services is unable to confirm provisions under subdivision (a)(2)(B)(i) of this section, the program shall not be implemented.
(b) (1) Implementation of the program is conditioned upon the receipt of necessary federal approvals.
(2) If the Department of Human Services does not receive the necessary federal approvals, the program shall not be implemented.
(c) The program shall include premium assistance for eligible individuals to enable their enrollment in a Qualified Health Plan through the Arkansas Health Insurance Marketplace.
(d) (1) The Department of Human Services is specifically authorized to pay premiums and supplemental cost-sharing subsidies directly to the Qualified Health Plan for enrolled eligible individuals.
(2) The intent of the payments under subdivision (d)(1) of this section is to increase participation and competition in the Health Insurance Marketplace, intensify price pressures, and reduce costs for both publicly and privately funded health care.
(e) To the extent allowable by law:
(1) The Department of Human Services shall pursue strategies that promote insurance coverage of children in their parents' or caregivers' plan, including children eligible for the ARKids First Program Act, § 20-77-1101 et seq., commonly known as the "ARKids B program";
(2) Upon the receipt of necessary federal approval, during calendar year 2015 the Department of Human Services shall include and transition to the Arkansas Health Insurance Marketplace:
(A) Children eligible for the ARKids First Program Act, § 20-77-1101 et seq.; and
(B) Populations under Medicaid from zero percent (0%) of the federal poverty level to seventeen percent (17%) of the federal poverty level; and
(3) The Department of Human Services shall develop and implement a strategy to inform Medicaid-recipient populations whose needs would be reduced or better served through participation in the Arkansas Health Insurance Marketplace.
(f) The program shall include allowable cost sharing for eligible individuals that is comparable to that for individuals in the same income range in the private insurance market and is structured to enhance eligible individuals' investment in their healthcare purchasing decisions.
(g) (1) The State Insurance Department and the Department of Human Services shall administer and promulgate rules to administer the program authorized under this subchapter.
(2) No less than thirty (30) days before the State Insurance Department and the Department of Human Services begin promulgating a rule under this subchapter, the proposed rule shall be presented to the Legislative Council.
(h) The program authorized under this subchapter shall terminate within one hundred twenty (120) days after a reduction in any of the following federal medical assistance percentages:
(1) One hundred percent (100%) in 2014, 2015, or 2016;
(2) Ninety-five percent (95%) in 2017;
(3) Ninety-four percent (94%) in 2018;
(4) Ninety-three percent (93%) in 2019; and
(5) Ninety percent (90%) in 2020 or any year after 2020.
(i) An eligible individual enrolled in the program shall affirmatively acknowledge that:
(1) The program is not a perpetual federal or state right or a guaranteed entitlement;
(2) The program is subject to cancellation upon appropriate
notice; and
(3) The program is not an entitlement program.
(j) (1) The Department of Human Services shall develop a model and seek from the Centers for Medicare and Medicaid Services all necessary waivers and approvals to allow non-aged, non-disabled program-eligible participants to enroll in a program that will create and utilize independence accounts that operate similarly to a health savings account or medical savings account during the calendar year 2015.
(2) The independence accounts shall:
(A) Allow a participant to purchase cost-effective high-deductible health insurance; and
(B) Promote independence and self-sufficiency.
(3) The state shall implement cost sharing and copays and, as a condition of participation, earnings shall exceed fifty percent (50%) of the federal poverty level.
(4) Participants may receive rewards based on healthy living and self-sufficiency.
(5) (A) At the end of each fiscal year, if there are funds remaining in the account, a majority of the state's contribution will remain in the participant's control as a positive incentive for the responsible use of the healthcare system and personal responsibility of health maintenance.
(B) Uses of the funds may include without limitation rolling the funds into a private sector health savings account for the participant according to rules promulgated by the Department of Human Services.
(6) The Department of Human Services shall promulgate rules to implement this subsection.
(k) (1) State obligations for uncompensated care shall be projected, tracked, and reported to identify potential incremental future decreases.
(2) The Department of Human Services shall recommend appropriate adjustments to the General Assembly.
(3) Adjustments shall be made by the General Assembly as appropriate.
(l) The Department of Human Services shall track the hospital assessment under § 20-77-1902 and report to the General Assembly subsequent decreases based upon reduced uncompensated care.
(m) On a quarterly basis, the Department of Human Services and the State Insurance Department shall report to the Legislative Council, or to the Joint Budget Committee if the General Assembly is in session, available information regarding:
(1) Program enrollment;
(2) Patient experience;
(3) Economic impact including enrollment distribution;
(4) Carrier competition; and
(5) Avoided uncompensated care.
Section: Previous 20-77-2402 20-77-2403 20-77-2404 20-77-2405 20-77-2406 20-77-2407 20-77-2408 NextLast modified: November 15, 2016