Current through Register Vol. 49, No. 9, September, 2024
1348
Inmates of Public
Institutions
An inmate of a public institution is not eligible for a
Medicaid payment.
Exception: An inmate in the custody of the
Arkansas Department of Corrections or the Department of Community Corrections
who has been admitted and received treatment at an inpatient facility may be
eligible for a Medicaid payment provided all eligibility requirements are met.
Income, resource and categorical eligibility will be determined in accordance
with MS 3310, MS 12000 and MS 16000.
Public institution means an institution that is the
responsibility of a governmental unit or over which a governmental unit
exercises administrative control.
"Public Institutions" include:
1. Institutions for the mental diseases which
are hospitals, nursing facilities, or other institutions of more than 16 beds
that are primarily engaged in providing diagnosis, treatment or care of persons
with mental diseases.
2.
Institutions for tuberculosis, which are primarily engaged in providing
diagnosis, treatment, or care of persons with tuberculosis.
3. Correctional or holding facilities for
individuals, who are prisoners, arrested or detained pending disposition of
charges, or are being held under court order as material witnesses or
juveniles. Correctional facilities include prisons, jails, juvenile detention
centers and other facilities operated primarily for the detention of children
who are determined to be delinquent. Wilderness camps and boot camps are
considered public institutions if a governmental unit has any degree of
administrative control.
If an individual in a public institution must be temporarily
transferred to a medical treatment or evaluation facility, or if he/she is
given temporary furlough, the individual is still considered to be under
custody of the penal system and is not eligible for a Medicaid payment
(See above Exception).
An individual will be considered in a public institution until
the indictment against the individual is dismissed or until he/she is released
from custody either as "not guilty" or for some other reason (bail, parole,
pardon, suspended sentence, home release program, probation,
etc.).
"Public institutions" do not
include:
1. Inpatient
psychiatric facilities for individuals under age 21 (22 if an inpatient on the
21st birthday) and over age 65.
2. Medical Institutions which are organized
to provide medical, nursing and convalescent care, which have the professional
staff, equipment and facilities to manage the medical, nursing and other health
needs of patients in accordance with accepted standards, and which are
authorized under State law to provide medical care. Medical institutions
include hospitals and nursing facilities.
3. Intermediate care facilities for the
mentally retarded which meet the standards under
42 CFR
483.440(a) for providing
active treatment for persons with mental retardation or for persons with
related conditions.
4. Child-care
institutions which are private, non private or public that accommodate no more
than twenty-five children and are licensed by the State or approved by the
State agency responsible for licensing or approval of such
institutions.
5. Therapeutic Group
Homes, Residential Treatment facilities, Emergency Shelters and Therapeutic
Foster Homes which meet facility and staffing requirements of the Minimum
Licensing Standards for Child Welfare Agencies published by the Child Welfare
Agency Review Board.
6. Publically
operated community residences that serve no more than 16 residents are
facilities that provide some services beyond food and shelter such as social
services, help with personal living activities, or training in socialization
and life skills. They cannot be on the grounds of or immediately adjacent to
any large institution or multiple purpose complexes such as educational or
vocational training institutions, correctional or holding facilities, or
hospitals, nursing facilities or intermediate care facilities for the mentally
retarded.
