Arkansas Administrative Code
Agency 016 - DEPARTMENT OF HUMAN SERVICES
Division 06 - Medical Services
Rule 016.06.21-002 - DMS COVID-19 Response Manual

The following rules are duly adopted and promulgated by the Division of Medical Services (DMS) of the Arkansas Department of Human Services (DHS) under the authority of Arkansas Code Annotated §§ 20-76-20120-77-107, and 25-10-129.

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.

Section 141.103 concerning fingerprint submission requirements for high risk providers related to background screening is suspended through date of service December 31, 2021.

With respect to providers not already enrolled with another State Medicaid Agency or Medicare, DMS will waive the following screening requirements so the state may temporarily enroll the providers for the duration of the public health emergency:

The Centers for Medicare and Medicaid Services (CMS) is granting 1135 waiver authority to allow Arkansas to enroll providers who are not currently enrolled with another SMA or Medicare so long as the state meets the following minimum requirements:

Sections 210.200(A) and 212.000, regarding the definition of an Ambulatory Surgical Center (ASC) as exclusively furnishing outpatient surgical services to patients not requiring hospitalization, are suspended through date of service December 31, 2021.

The Division of Medical Services (DMS) is allowing Ambulatory Surgical Centers (ASCs) to temporarily enroll as hospitals under certain circumstances to provide acute hospital services to patients as needed during the COVID-19 pandemic.

ASCs that wish to enroll as temporary hospitals must submit a waiver request to CMS. Once that waiver is approved, the ASC must seek a temporary hospital license from the Arkansas Department of Health.

To bill Medicaid as hospital, the ASC must provide that temporary hospital license to Arkansas Medicaid Provider Enrollment. The ASC will receive a temporary Medicaid Provider Number as a hospital and will be able to bill for hospital services. Once the temporary hospital provider number is issued and active, the ASC provider number will be suspended temporarily. All services provided will need to be billed under the hospital provider number.

For guidance on billing services, please contact the DMS Utilization Review Unit at (501) 6828340.

Independent Assessments are generally performed by Qualified Assessors in a face-to-face setting with behavioral health and developmentally disabled PASSE members. Due to the COVID-19 public health emergency, this rule is suspended to allow members to request phone assessments instead for periodic assessments.

Families First Corona Virus Response Act requires states to maintain an individual eligibility for amount, duration, and scope of benefits during the public health emergency BH AND IDD PASSE Members who do not receive a BH or IDD Independent re-assessment within 365 days of their existing BH AND IDD IA would be transitioned to traditional Medicaid and lose access to care coordination, home and community based and psychiatric residential services.

This rule is suspended to allow members who do not receive a timely reassessment to remain in PASSE.

Section 212. 419, regarding the prohibition of coverage of swing bed services by the Arkansas Medicaid Program is suspended through date of service December 31, 2021.

Arkansas Medicaid will cover Swing Beds (Revenue code 194) at a rate of $400 per diem for the following providers:

* Provider Type 05 - Hospital/Provider Specialty CH - Critical Access Hospital Provider billing instructions for Swing Beds:

* Claims can be submitted electronically or by paper with required attachments

* Attach a cover sheet requesting coverage of Swing Bed in a critical access hospital.

* Revenue Code 194 should be billed for Swing Bed days.

* Bill all dates of service for each month on one claim (there will be separate claims filed for dates of service in different months)

* Bill at the amount of $400 per day.

Sections 212.500 through 212.550 concerning prior authorization requirements related to Medicaid Utilization Management Program (MUMP) review for hospital stays greater than four (4) days are suspended through date of service December 31, 2021.

All hospital stays through date of service December 31, 2021 are subject only to retrospective review. This includes transfers between hospitals.

Section 214.200 concerning annual review and renewal of personal care service plans (PCSPs) is suspended through date of service, December 31, 2021.

DHS nurses may extend PCSPs and authorizations based on review of current medical/functional needs. Division of Aging and Adult Service and Behavioral Health Services (DAABHS) nurses will complete an assessment of the beneficiary's current needs and will extend the end dates for qualifying beneficiaries, ensuring continued eligibility for services. PCSP's are living documents and are to be updated as goals and needs are met. During the extension period, the PCSP will continue to be updated to the level of current service needs based on continued phone contact with beneficiary.

Division of Medical Services (DMS) is covering administration of monoclonal antibodies through date of service December 31, 2021.

DMS will cover the administration of the following monoclonal antibodies in accordance with the terms set out in this memorandum.

The patient must have a COVID-19 diagnosis and be considered at high risk for progressing to severe COVID-19 and/or hospitalization. The Arkansas Department of Health (ADH) issued an updated Health Alert through the Health Alert Network (HAN) on November 25, 2020, that outlines the criteria and limitations on use of these monoclonal antibodies. DMS will follow the criteria and limitations outlined in that ADH alert and by the FDA in their Emergency Use Authorizations (EUAs) for the above listed drugs, which can be found here:

EUA for Bamlanivimab -https://www.fda.gov/media/143603/download

Patient Fact Sheet -https://www.fda.gov/media/143604/download

FDA Frequently Asked Questions -https://www.fda.gov/media/143605/download

EUA for Casirivimab and Imdevimab -https://www.fda.gov/media/143892/download

Patient Fact Sheet - https://www.fda.gov/media/143893/download

FDA Frequently Asked Questions -https://www.fda.gov/media/143894/download

Section 225.100 (A), regarding limitations on outpatient laboratory services, is suspended as to claims for any lab or x-ray services related to a COVID-19 diagnosis through date of service December 31, 2021.

DMS is exempting claims where a patient is diagnosed with COVID-19 from the lab and x-ray benefit limit outlined in Section 225.100 of the Medicaid Provider Manual for physician/Independent Lab/CRNA/Radiation Therapy Centers. If one of the following COVID-19 diagnoses is listed on any diagnosis field/position on the claim, the procedure will not count against the annual $500.00 benefit limit for lab and x-ray for adults over the age of 21:

* A41.89-Other specified sepsis

* O98.511-Other viral diseases complicating pregnancy, first trimester

* O98.512-other viral diseases complicating pregnancy, second trimester

* O98.513-other viral diseases complicating pregnancy, third trimester

* O98.519-other viral diseases complicating pregnancy, unspecified trimester

* O98.52-Other viral disease complicating childbirth

* O98.53-other viral disease complicating the puerperium

* U07. 1-COVID-19

* Z03.818-Encounter for observation for suspected exposure to other biological agents ruled out

* Z09-Encounter for follow-up examination after completed treatment for conditions other than malignant neoplasm

* Z11.59-Encounter for screening for other viral diseases

* Z20.828-Contact with and (suspected) exposure to other viral communicable disease

Section 225.100(A), regarding limitations on outpatient laboratory services, is suspended as to claims for COVID-19 antigen laboratory testing using procedure code 87426 through date of service December 31, 2021.

The following procedures codes are available for billing COVID-19 antigen detection testing.

The following provider types may bill for these services:

* Physicians (PT 01, 03 & 69) . Nurse Practitioners (PT 58)

* Rural Health Clinics (PT 29) . Hospitals (PT 05)

* Arkansas Department of Health (PT 30)

* Rehabilitation Centers (PT 26)

Medicaid is exempting these COVID-19 screens from the $500.00 limit on laboratory and x-ray services for beneficiaries over 21 years of age and from requiring a PCP referral.

Section 225. 100(A), regarding limitations on outpatient laboratory services, is suspended for claims for COVID-19 laboratory testing using procedure codes U0001, U0002, U0003, and U0004 through date of service December 31, 2021.

DMS is covering the following laboratory services:

The following procedure codes are available for billing "high-through put" COVID-19 diagnostic testing:

The following provider types may bill for these services:

* Physicians (PT 01 & 03)

* Nurse Practitioners (PT 58)

* Rural Health Clinics (PT 29)

* Hospitals (PT 05)

* Arkansas Department of Health (PT 30)

* Rehabilitation Centers (PT 26)

These codes are appropriate to be billed when at least one (1) of the following symptoms is present and documented on the claim:

* R05: Cough

* R06/02: Shortness of breath

* R50.9: Fever, unspecified

Medicaid is exempting these COVID-19 screens from the $500.00 limit on laboratory and x-ray services for beneficiaries over 21 years of age.

The following diagnosis codes may also be used to bill for a COVID-19 test:

* A41.89-Other specified sepsis

* O98.511-Other viral diseases complicating pregnancy, first trimester

* O98.512-Other viral diseases complicating pregnancy, second trimester

* O98.513-Other viral diseases complicating pregnancy, third trimester

* O98.519-Other viral diseases complicating pregnancy, unspecified trimester

* O98.52-Other viral disease complicating childbirth

* O98.53-Other viral disease complicating the puerperium

* U07. 1-COVID-19

* Z03.818-Encounter for observation for suspected exposure to other biological agents ruled out

* Z09-Encounter for follow-up examination after completed treatment for conditions other than malignant neoplasm

* Z11.59-Encounter for screening for other viral diseases

* Z20.828-Contact with and (suspected) exposure to other viral communicable disease

Section 292.210 concerning places for delivery of services provided by physicians, advanced practice registered nurses, and hospitals is suspended to allow for billing for COVID-19 screening and diagnostic testing at a mobile (drive thru) clinic (Place of Service 15) through date of service December 31, 2021.

DMS is allowing certain providers to set up Mobile ("Pop-up") clinics to screen and test for COVID-19.

Specifically, physicians' clinics, rural health clinics, federally qualified health centers and hospitals may set up Pop-up or drive-thru clinics in remote locations to provide the following services only:

* Screening for COVID-19 (99499, described below)

* Diagnostic Testing for COVID-19 (U0001, U0002, 87426)

These services will be billed using the provider's Medicaid Provider Number and Place of Service Code 15 (Mobile Clinic).

To accommodate screening for COVID-19, DMS is loading the following code:

99499-Unlisted E&M Service to be billed for COVID-19 Screening. The code will be available to the following provider types:

* Physicians (PT 01 & 03)

* APRNs (PT 58)

* Rural Health Clinics (PT 29)

* Federally Qualified Health Centers (PT 49)

* Hospitals (PT 05)

This code is not to be used in conjunction with any other E&M or encounter code that may be billed by the provider but only be used to reflect a screening for COVID-19 (i.e., completing a questionnaire and taking temperature). The rate is $25.00 for each screening.

Sections 213.000, 204.000, and 205.000(A)(2) concerning pick-up and delivery locations and physician certification prior to transport by non-emergency ground ambulance are suspended through date of service December 31, 2021.

DMS is suspending the following policies: