Arkansas Administrative Code
Agency 016 - DEPARTMENT OF HUMAN SERVICES
Division 06 - Medical Services
Rule 016.06.07-012 - Division of Developmental Disabilities Alternative Community Service (DDS ACS) Transmittal Update 84
Current through Register Vol. 49, No. 9, September, 2024
201.200 Organized Health Care Delivery System Provider
The DDS Alternative Community Services (ACS) Waiver allows a provider who is licensed and certified as a DDS ACS case manager or a DDS ACS supportive living services provider to enroll in the Arkansas Medicaid Program as a DDS ACS organized health care delivery system (OHCDS) provider.
As long as the OHCDS provides at least one waiver service directly utilizing its own employees, an OHCDS provider may provide any other DDS ACS Waiver service via a sub-contract with an entity qualified to furnish the service.
The OHCDS provider furnishes the services as the individual's provider of choice as described in that individual's multi-agency plan of services (MAPS). The OHCDS provider must adhere to DDS ACS Waiver regulations as outlined in this provider manual. The OHCDS assumes all liability for services provided and/or performed by a sub-contracted entity.
211.000 Scope
The Arkansas Medical Assistance Program (Medicaid) offers certain home and community based services as an alternative to institutionalization. These services are available for eligible individuals with a developmental disability who would otherwise require an intermediate care facility for the mentally retarded (ICF/MR) level of care. The home and community based services to be provided through this waiver are described herein as the DDS Alternative Community Services Waiver Renewal, hereafter referred to as DDS ACS Waiver.
As stated in the DDS ACS Waiver, "waiver services will not be furnished to persons while they are inpatients of a hospital. Nursing Facility (NF), or Intermediate Care Facility for the Mentally Retarded (ICF/MR) unless payment to the hospital, NF, or ICF/MR is being made through private pay or private insurance."
A person may be placed in abeyance in three (3) month increments (with status report every month) for up to 12 months when a person is in a licensed/certified treatment program for purposes of behavior, physical or health treatment or stabilization. This is an option as long as the following conditions are met:
Example: If the cause is behavior oriented, the request must be reviewed and recommended by DDS Psychological Team member.
NOTE: Personal visit versus contact depends upon the circumstances of the abeyance. If the person is receiving treatment out of state or in a facility/hospital where a visit may not be an option, contact with applicable medical/social work personnel, the individual, and the legal representative is permissible. When/if the case management agency cannot be reimbursed, this function will be the responsibility of the DD specialist.
NOTE: This procedure does not stop closure of the Medicaid case relative to iVIedicaid income eiigibiiity. it simpiy hoids a siot in abeyance for the person's return. iVIedicaid income eligibility will be closed on the 60th day. If the person does not return to services within 60 days, IVIedicaid income eligibility must be re-determined once the person is released from treatment and ready to return to Waiver services.
In order for individuals to continue to be eligible for waiver services while they are in abeyance the following two requirements must be met:
As stated in the Medicaid Service Manual, Section 1348, an individual living in a public institution is not eligible for Medicaid.
Thus, a person who is living in a public institution as defined above would be closed under Medicaid and also under the waiver program.
Services provided under this program are as follows:
213.000 Supportive Living
Supportive living is an array of individually tailored services and activities provided to enable eligible individuals to reside successfully in their own homes, with their families, or in an alternative living residence or setting. The services are designed to assist individuals in acquiring, retaining and improving the self-inelp, socialization and adaptive sl[LESS THAN]ills necessary to reside successfully in the home and community based setting.
213.100 Supportive Living Exclusions
Only hired caregivers may be reimbursed for supportive living services provided.
Payments for supportive living services will not be made to the parent, stepparent or legal guardian of a person less than 18 years old.
Payments will not be made to a spouse.
The payments for these services exclude the costs of room and board, including general maintenance, upkeep or improvement to the individual's own home or that of his or her family.
Routine care and supervision for which payment will not be made are defined as those activities that are necessary to assure a person's well being but are not activities that directly relate to active treatment goals and objectives.
See section 270.000 for billing information.
213.200 Supportive Living Array
Three broadly defined service models are covered through supportive living services. They include residential habilitation supports, residential habilitation reinforcement supports and companion and activities therapy services.
Residential habilitation supports are aimed at assisting the person to acquire, retain or improve his or her skill in a wide variety of areas that directly affect his or her ability to reside as independently as possible in the community. These services provide the supervision and support necessary for a person to live in the community. The supports that may be provided to an eligible individual include the following habilitation areas of need:
accessing and using public transportation, independent travel or movement within the community.
Residential habilitation reinforcement supports may be provided to eligible individuals. The services include the following:
NOTE: This does not include nursing services available through Medicaid State Plan.
The Direct Care Supervisor is responsible for ensuring the delivery of all direct care services. This responsibility includes:
215.000 Respite Care
Respite care is defined as services provided to or for waiver participants who are unable to care for themselves, regardless of their age. It is furnished on a short-term basis because of the absence or need for relief of non-paid individuals, including parents of minors, primary caregivers and spouses of participants, who normally provide the care.
Respite care may be provided in the individual's home or place of residence, a foster home, Medicaid certified ICF/MR, group home, licensed respite care facility or licensed/accredited residential mental health facility for participants who have a dual diagnosis.
Room and board is not a covered service except winen provided as part of respite care furnisined in a facility tinat is not a private residence but is approved by tine state as a respite care facility.
215.100 Respite Care Child Support Services
Respite care service includes child care support services, which are services that promote access to and participation in child care through a combination of basic child care and support services required to meet the needs of a mentally retarded, developmentally disabled child aged birth to 18 years.
These services are not intended to supplant the responsibility of the parent or guardian. Parents or guardians will be responsible for the cost of basic child care, which is defined as fees charged for services provided in a specific childcare setting the same as for a child who does not have a developmental disability, mental retardation or both.
The services will be provided only in the absence of the primary caregiver during those hours when the caregiver is at work, in job training or at school.
Child care support services may be provided in a variety of settings including a licensed daycare facility, licensed daycare home, the child's home or other lawful childcare setting.
Medicaid pays only for support staff required due to the individual's developmental disability, not for daycare fees.
Services are separate and distinct from educational services provided at a school where attendance is mandated and the primary focus of the institution is the accomplishment of specified educational goals.
The services are separate and distinct from respite care services that are provided on a short-term basis because of the need for relief of those unpaid individuals normally providing the care.
Parents of minors, primary caregivers or a spouse of a participant may not be covered as respite care providers.
See section 270.000 for billing information.
216.000 Non-IVIedicalTransportation
Non-medical transportation services are provided to enable individuals served to gain access to DDS ACS and other community services, activities and resources. Activities and resources must be identified and specified in the plan of care.
This service is offered in addition to medical transportation as required under 42 CFR 431.53 and transportation services under the Medicaid State Plan, defined at 42 CFR 440.170(a) (if applicable), and must not replace them.
ACS transportation services must be offered in accordance with the individual's plan of care. Whenever possible, family, neighbors, friends or community agencies that can provide this service without charge must be utilized. In no case will a parent or legal guardian be reimbursed for the provision of transportation for a minor.
See section 270.000 for billing instructions.
217.000 RESERVED
217.100 RESERVED
219.000 Adaptive Equipment (Environmental Accessibility Adaptations)
Adaptive equipment service provides for tine purcinase, leasing and, as necessary, repair of adaptive, tinerapeutic and augmentative equipment required to enable individuals to increase, maintain or improve their functional capacity to perform daily life tasks that would not be possible otherwise.
Adaptive equipment needs for supportive employment for a person are also included. This service may include specialized medical equipment such as devices, controls or appliances that will enable the person to perceive, to control or to communicate with the environment in which they live.
Equipment may only be covered if not available to the individual from any other source. Professional consultation must be accessed to ensure that the equipment will meet the needs of the individual. All items must meet applicable standards of manufacture, design and installation.
Computer equipment may be approved when it allows the participant control of his or her environment, assists in gaining independence or when it can be demonstrated that it is necessary to protect the health and safety of the person. Computers will not be purchased to improve socialization or educational skills.
Printers may be approved for non-verbal persons.
Computer desks or other furniture items will not be covered.
Communication boards are allowable devices. Computers may be approved for communication when there is substantial documentation that a computer will meet the needs of the person more appropriately than a communication board.
Software will be approved only when required to operate the accessories included for environmental control or to provide text-to-speech capability.
Personal emergency response systems (PERS) may be approved when they can be demonstrated as necessary to protect the health and safety of the participant. PERS are electronic devices that enable individuals to secure help in an emergency. The individual may also wear a portable "help" button to allow for mobility. The system is connected to the individual's telephone and programmed to signal a response center once a "help" button is activated. The response center must be staffed by trained professionals.
PERS services are limited to individuals who live alone or who are alone for significant parts of the day and have no regular caregiver for extended periods of time and who would otherwise require extensive routine supervision.
219.100 Benefit Limits for Adaptive Equipment
The annual expenditure for adaptive equipment is $7500.00 per person. If the person is also receiving environmental modification services, the COMBINED annual expenditure cannot exceed $7500.00.
221.000 Specialized IVIedical Supplies
Specialized medical supplies include items necessary for life support and the ancillary supplies and equipment necessary for the proper functioning of such items. Non-durable medical equipment not available under the Medicaid State Plan may also be provided as a specialized medical supply. All items provided must be specified in the individual's multi-agency plan of service (MAPS) and must be in addition to any medical equipment and supplies covered as a Medicaid State Plan service. Items that are not of direct medical or remedial benefit to the individual are excluded from this service.
Additional supply items are covered as a waiver service when they are considered essential for home and community-care. Covered items include:
Incontinence undergarments, ostomy and colostomy supplies, nutritional supplements and non-prescription medications must be ordered by a physician for beneficiaries. A physician, psychologist or court of law must order drug and/or alcohol screening.
Item(s) must be included in the plan of care. When the items are included in Medicaid State Plan services, this service will be an extension of such services.
221.100 Benefit Limits for Specialized IVIedical Supplies
The maximum annual allowance for specialized medical supplies is $3600.00. This service is a companion service to supplemental support services that has a maximum annual allowance of $1200.00. When both services are accessed in the same plan of care review year, the combined maximum allowance is $3600.00.
See Section 270.000 for billing information.
223.000 Case Management Services
Case management services refer to a system of ongoing monitoring of the provision of services included in the waiver participant's multi-agency plan of service (MAPS). Case managers initiate and oversee the process of assessment of the individual's level of care and the review of MAPS at specified reassessment intervals.
Case management services include responsibility for guidance and support in all life activities. These activities include locating, coordinating and monitoring:
The intent of case management services is to enable waiver participants to receive a full range of appropriate services in a planned, coordinated, efficient and effective manner.
Case management services consist of the following activities:
Service gaps of thirty (30) consecutive days must be reported to the DDS Specialist assigned to the case with a copy of the report sent to the DDS Program Director. The report must include the reason for the gap and identify remedial action to be taken.
Case management services are available at three levels of support. They are:
The level is determined by the needs or options of the person receiving waiver services as defined in sections 230.211, 230.212 and 230.213.
See section 270.000 for billing information.
226.200 Crisis Center Plan of Care
All persons must have a pre-approved interim plan of care that permits options based upon the level of need. Each plan is specific to pre-identified treatment needs with the amount or intensity of each service option adjustable within a maximum daily reimbursement rate. Appropriate psychiatric supports will be available. Medical needs will be met through private, Medicaid State Plan or other funding sources.
See section 270.000 for billing information.
230.210 Levels of Support
Coverage is provided within three levels of support. Levels of support are defined as pervasive, extensive and limited.
230.211 Pervasive Level of Support
The pervasive level of support is defined as needs that require constant supports provided across environments that are intrusive, long term and include a combination of any available waiver supports provided 24 hours a day, 7 days a week for 365 days a year.
Services Programs; Intermediate care facility/mental retardation; nursing facilities and persons who have compulsive behavior disorders.
230.212 Extensive Level of Support
The extensive level of support is defined as needs that require daily supports in one or more environments (work, home or community). Supports are less intrusive than the pervasive supports and may require a schedule of weekly supports that may be needed daily, but less than twenty four hours a day, seven days a week.
230.213 Limited Level of Support
The limited level of support is defined as needs that are anticipated to be consistent for a foreseeable future period of time, individually time-limited and may be intermittent in nature, subject to re-evaluation every 12 months. This level of support is less because of parental support, group settings and community assistance available to the individual.
Supported living arrangements: Provided for beneficiaries of DDS-funded supported living arrangements. General revenue must be available and in use for the existing level of support with supporting general revenue to be used for the payment of Medicaid match in order for waiver conversion to occur. There are two categories of supported living arrangements:
230.220 Service Models-Traditional, and Supported Living Arrangement
There are two distinct service models available: traditional and supportive living arrangement.
230.222 Supportive Living Arrangement Model
In the supported living arrangement model, care is provided in DDS-supported living arrangements, in supported living apartments, in home and in group homes up to (but not inclusive of) 15 beds.
Supported living, community experiences, respite, and non-medical transportation are available for one rate of reimbursement with at least one service component being provided on at least 15 days each month for the moderate level or at least 10 days each month for the minimum level.
Under this model, the provider must deliver the level of support needed regardless of minimum service provision requirements. Case management, crisis center and crisis intervention is available and payable in addition to the monthly rates.
Living arrangements include:
Exception: Only those supportive living apartments and group homes licensed by the DDS prior to July 1, 1995, are approved to serve more than 4 adults. No expansions will be approved beyond the July 1, 1995, total capacity (waiver and non-waiver).
230.400 Multi-Agency Plan of Services (MAPS)
During the initial three months of DDS ACS Waiver Services, an individual receives services based on a DDS pre-approved interim plan of care that provides for case management at a rate of $107.00 per month, up to three months; and supportive living services at a rate of $100.00 per month, up to three months.
Prior to expiration of the interim plan of care, each individual eligible for ACS Waiver services must have an individualized, specific, written multi-agency plan of services developed by a multi-agency team and approved by the DDS authority.
The MAPS must be designed to assure that services provided will be:
230.410 MAPS for All Category Types
Information must include:
Justification must, at a minimum:
230.420 MAPS
251.000 Approval Authority
For the purpose of plan of care and service approvals, DDS, a Division under the umbrella of the Department Human Services, is the Medicaid authority.
272.100 DDS ACS Waiver Procedure Codes
The following procedure codes and any associated modifier(s) must be billed for DDS ACS Waiver Services. Prior authorization is required for all services.
Procedure Code |
M1 |
M2 |
PA |
Description |
Unit of Service |
Nationai POS Codes |
A00806 |
Y |
***Non-Medical Transportation |
1 Mile |
99 |
||
H20166 |
Y |
***Supportive Living (Individual) |
1 Year |
12, 99 |
||
H20166 |
UB |
Y |
***Supportive Living (Group) |
1 Year |
12, 99 |
|
H20231 |
Y |
Supported Employment |
15 Minutes |
99 |
||
S51516 |
Y |
***Respite Care |
1 Year |
12,99 |
||
T20206 |
Y |
***Community Experiences |
1 Year |
12,99 |
||
T20202 |
UA |
Y |
***Supplemental Support Services |
1 Month |
12,99 |
|
T2022 |
Y |
Case Management Services |
1 Month |
12, 99 |
||
120254 |
Y |
***Consultation Services |
1 Hour |
12,99 |
||
T20283 |
Y |
***Specialized Medical Supplies |
1 Month |
12,99 |
||
T2034 |
Y |
***Crisis Center |
1 Day |
99, 12 |
||
T20345 |
U1 |
UA |
Y |
Crisis Intervention Services |
1 Hour |
99, 12 |
1 Individuals are limited to a maximum of 32 units (8 hours) of supported employment services per date of service.
A breakdown of the supported employment units of service includes:
One unit = 15 minutes to 21 minutes Two units = 22 minutes to 37 minutes Three units = 38 minutes to 52 minutes Four units = 53 minutes to 67 minutes
2 Reimbursement for supplemental support cannot exceed $1200.00 per year.
3 Reimbursement for specialized medical supplies cannot exceed $300 per month.
Specialized medical supplies and supplemental support has a combined benefit limit of $3600.00 per year.
4 Beneficiaries may receive twenty-five (25) hours of consultation services per waiver-eligible year.
5 Crisis intervention services may require a maximum of 24 hours of service during any one day.
6 The supportive living array, which includes transportation, respite care, community experiences, and supportive living services, cannot exceed the $356.32 per day maximum (pervasive level).
The following list contains the procedure codes used for environmental modifications and adaptive equipment which has a combined benefit limit of $7500 per year.
K0108 |
Y |
***(ACS environmental modifications) Other accessories |
12 |
|
S5160 |
Y |
***(Adaptive equipment, personal emergency response system [PERS], installation and testing) Emergency response system; installation and testing |
12 |
|
S5161 |
Y |
***(Adaptive equipment, personal emergency response system [PERS], service fee, per month, excludes installation and testing) Emergency response system; service fee, per month (excludes installation and testing) |
12 |
|
S5162 |
Y |
***(Adaptive equipment, personal emergency response system [PERS], purchase only) Emergency response system; purchase only |
12 |
|
S5165 |
U1 |
Y |
***(ACS adaptive equipment) Home modifications, per service |
12 |
***(...) This symbol, along with text in parentheses, indicates the Arkansas Medicaid description of the product.
Refer to section 272.200 for definitions of the place of service codes listed above.