DRA Protests the Arkansas Department of Human Services Request for Emergency Rule-Making

NOTE: the updates provided in this article are all links to articles published by the Arkansas Democrat-Gazette, as this story continues to evolve:

UPDATE 6/1/18: DHS freezes home-based care sign-ups; order results in backlog of unprocessed applications

UPDATE 5/24/18: State agency found in contempt of court over rule changes

UPDATE 5/22/18:  Arkansas judge orders state to end care-hours setup, sets hearing on whether to hold DHS in contempt

UPDATE 5/19/18:  Panel affirms state method to assign care

 

DRA lodged a protest with the members of the Executive Subcommittee of the Arkansas Legislative Council regarding the request by the Arkansas Department of Human Services (DHS) for emergency rule-making with respect to the ARChoices 1-18 – Resource Utilization Groups (RUGS) Overview rule.  The rulemaking at issue “concerns the method in which attendant care hours are determined for persons with physical disabilities and elderly persons under the State’s ARChoices Medicaid waiver program.”  To read the letter of protest, click on the first link below.  DRA’s letter references the decision issued in the Ledgerwood lawsuit, which can also be read by clicking the second link below.

ALC Executive Committee letter

Ledgerwood Decision

 

UPDATE: Legislative subcommittee approved the use of the emergency rule by DHS; Legislative Council to vote 5/18/18- NWA Online: Care-hours algorithm favored