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054.00.117-4. Definitions

AR ADC 054.00.117-4Arkansas Administrative CodeEffective: September 25, 2017

West's Arkansas Administrative Code
Title 054. Insurance Department
Division 00.
Rule 117. Provider-Led Organization Licensure Standards
Effective: September 25, 2017
Ark. Admin. Code 054.00.117-4
054.00.117-4. Definitions
As used in this Rule:
(1) “ADHS” means the Arkansas Department of Human Services;
(2) “Associated participant” means an organization or individual that is a member or contractor of a risk-based provider organization and provides necessary administrative functions, including without limitation claims processing, data collection, and outcome reporting;
(3) “Capitated” means an actuarially sound healthcare payment that is based on a payment per person that covers the total risk for providing healthcare services as provided in this subchapter for a person;
(4)(A) “Care coordination” means the coordination of healthcare services delivered by healthcare provider teams to empower patients in their health care and to improve the efficiency and effectiveness of the healthcare sector.
(B) “Care coordination” includes without limitation:
(i) Health education and coaching;
(ii) Promoting linkages with medical home services and the healthcare system in general;
(iii) Coordination with other healthcare providers for diagnostics, ambulatory care, and hospital services;
(iv) Assistance with social determinants of health, such as access to healthy food and exercise; and
(v) Promotion of activities focused on the health of a patient and the community, including without limitation outreach, quality improvement, and patient panel management;
(B)(vi) [FN1] Community-based management of medication therapy;
(5) “Carrier” means an organization that is licensed or otherwise authorized to provide health insurance or health benefit plans under § 23-85-101 or § 23-76-101;
(A) licensed or otherwise authorized to transact health insurance as an insurance company under § 23-62-103;
(B) authorized to provide healthcare plans under § 23-76-108 as a health maintenance organization; or
(C) authorized to issue hospital service or medical service plans as a hospital medical service corporation under § 23-75-108.
(6) “Commissioner” means the Arkansas Insurance Commissioner;
(7) “Covered Medicaid beneficiary population” means a group of individuals with:
(A) Significant behavioral health needs, including substance abuse treatment and services, and who are eligible for participation in the Medicaid provider-led organized care system as determined by an independent assessment under criteria established by the Department of Human Services; or
(B) Intellectual or developmental disabilities who are eligible for participation in the Medicaid provider-led organized care system as determined by an independent assessment under criteria established by ADHS;
(C) “Covered Medicaid Beneficiary population” does not include individuals enrolled in any long-term services and supports program under 42 U.S.C. § 1396n or 42 U.S.C. § 1315 by reason of a physical functional limitation;
(8) “Department” means the Arkansas Insurance Department;
(9) “Direct service provider” means an organization or individual that delivers healthcare services to enrollable Medicaid beneficiary populations;
(10) “Enrollable Medicaid beneficiary population” means a group of individuals who are either:
(A) Members of a covered Medicaid beneficiary population; or
(B) Members of a voluntary Medicaid beneficiary population.
(11) “Flexible services” means alternative services that are not included in the state plan or waiver of the Arkansas Medicaid Program and that are appropriate and cost-effective services that improve the health or social determinants of a member of an enrollable Medicaid beneficiary population that affect the health of the member of an enrollable Medicaid beneficiary population;
(12) “Global payment” means a population-based payment methodology that is actuarially sound and based on an all-inclusive per-person-per-month calculation for all benefits, administration, care management, and care coordination for enrollable Medicaid beneficiary populations;
(13) “Medicaid” means the programs authorized under Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq., and Title XXI of the Social Security Act, 42 U.S.C. § 1397aa et seq., as they existed on January 1, 2017, for the provision of healthcare services to members of enrollable Medicaid beneficiary populations;
(14) “NAIC” means the National Association of Insurance Commissioners;
(15) “Participating provider” means an organization or individual that is a member or has an ownership interest in of a risk-based provider organization and delivers healthcare services to enrollableMedicaid [FN1] beneficiary populations;
(16) “Quality incentive pool” means a funding source established and maintained by ADHS to be used to reward risk-based provider organizations that meet or exceed specific performance and outcome measures;
(17) “Risk assumption” or “risk sharing” means, for the purpose of this regulation, a transaction whereby the chance of loss, including the expenses for the delivery of service, with respect to the health care of a person, is transferred to or shared with another entity, in return for a consideration. Examples include but are not limited to, full or partial capitation agreements, withholds, risk corridors, and indemnity agreements;
(18) “Risk based capital” means the “RBC level” defined under Ark. Code Ann. § 23-63-1501 (8); and
(19) “Risk-based provider organization” means an entity that:
(A)(i) Is licensed by the Insurance Commissioner under this Rule.
(ii) Notwithstanding any other provision of law, a risk-based provider organization is an insurance company upon licensure by the Commissioner.
(iii) The Commissioner shall not license a risk-based provider organization except as provided under Subchapter 27 -- Medicaid Provider-Led Organized Care Act;
(B) Is obligated to assume the financial risk for the delivery of specifically defined healthcare services to an enrollable Medicaid beneficiary population; and
(C) Is paid by ADHS on a capitated basis with a global payment made, whether or not a particular member of an enrollable Medicaid beneficiary population receives services during the period covered by the payment;
(20) “Voluntary Medicaid beneficiary populations” means individuals who are in need of behavioral health services or developmental disabilities services, not otherwise excluded in this subchapter, who are eligible for Medicaid and may elect to enroll in a risk-based provider organization.

Credits

Adopted emergency effective May 22, 2017. Amended Sept. 25, 2017.
[FN1]
So in original.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 054.00.117-4, AR ADC 054.00.117-4
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