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NOTICE OF RULE MAKING
The Department of Human Services (DHS) announces for a public comment period of thirty (30) calendar days a notice of rulemaking for the following proposed rule under one or more of the following chapters, subchapters, or sections of the Arkansas Code: §§ 20-76-201, 20 77-107, and 25-10-129. The proposed effective date is September 1, 2026.
The Director of the Division of Aging, Adult and Behavioral Health Services proposes a rule revising the Personal Care (PC) Medicaid Provider Manual and Arkansas Independent Assessment (ARIA) Medicaid Provider Manual. This rule also implements Acts 625 and 853 of the 2025 session. Act 625 mandates adoption of an abbreviated independent assessment process for certain beneficiaries enrolled in a risk-based provider organization. Act 853 moved private care agency certification to the Department of Health.
This rule repeals the current PC manual and issues a streamlined manual focusing on State Plan Personal Care (SPPC). The new PC manual describes the parameters of SPPC, and other programs and services in other manuals are now cross-referenced and linked to ensure availability of services. The rule also separates services for adults from services for those under twenty-one. The repeal implements Act 853. The projected savings for State Fiscal Year 2027 is ($2,213,688.00) and for SFY 2028 ($2,656,426.00).
The ARIA manual currently contains information on how to administer independent assessments using the standardized ARIA tool to determine functional eligibility for Home and Community Based Services (HCBS) waiver/1915 state plan optional programs. While an independent assessment is mandatory to determine the functional need for waiver/1915 benefits, a standardized assessment tool (like ARIA) is not required (see 42 CFR Section 441.720) for SPPC. Accordingly, this rule removes the personal care section from the ARIA manual. Reassessments for Behavioral Health and Development Disabilities Assessments will have an abbreviated option pursuant to Act 625.
The Personal Care Medicaid Provider Manual outlines the new streamlined process for evaluation review to SPPC, replacing the ARIA for determining eligibility. It updates processes to implement the following: (1) an Evaluation Referral for SPPC is conducted by the vendor, Optum, through a Medical Eligibility Review to approve medical necessity for SPPC based on medical diagnosis/condition; (2) a registered nurse with the personal care provider will conduct an in-person assessment of the beneficiary’s functional needs utilizing a DHS-approved tool; and (3) require all forms be submitted for prior authorization. The new manual institutes a standardized format for SPPC functional assessments and treatment plans across personal care providers. The new Medical Eligibility Review process for SPPC will be operated by the same vendor that operates the ARIA at a much lower cost. It will use claims data to verify the requestor’s medical condition or diagnosis on file related to a physical impairment that creates barriers to Activities of Daily Living (ADLs) and Instrumental Activities of Daily Living (IADLs) before approving the beneficiary for SPPC. The rule changes the prior authorization (PA) time period from six (6) months to one (1) year. The rule clarifies that the sixty-four (64) hours per month service cap will remain, but that youths may receive over sixty-four (>64) hours per month with Extension of Benefits.
The other change being made to the ARIA Manual is the addition of explicit sections that describe how to administer an independent assessment using the standardized ARIA tool for Arkansas’ aging waivers (ARChoices, Living Choices Assisted Living, and Program of All-Inclusive Care for the Elderly (PACE)). These processes are already in practice but were not previously included in the ARIA manual.
The proposed rule is available for review at the Department of Human Services (DHS) Office of Policy and Rules, 2nd floor Donaghey Plaza South Building, 7th and Main Streets, P. O. Box 1437, Slot S295, Little Rock, Arkansas 72203 1437. You may also access and download the proposed rule at ar.gov/dhs-proposed-rules. Public comments can be submitted in writing at the above address or at the following email address: ORP@dhs.arkansas.gov. All public comments must be received by DHS no later than July 12, 2026. Please note that public comments submitted in response to this notice are considered public documents. A public comment, including the commenter’s name and any personal information contained within the public comment, will be made publicly available and may be seen by various people.
A public hearing will be held by remote access through Microsoft Teams. Public comments may be submitted at the hearing. The details for attending the Microsoft Teams hearing appear at ar.gov/dhspublichearings.
If you need this material in a different format, such as large print, contact the Office of Policy and Rules at 501-320-6428. The Arkansas Department of Human Services is in compliance with Titles VI and VII of the Civil Rights Act and is operated, managed, and delivers services without regard to religion, disability, political affiliation, veteran status, age, race, color, or national origin. 4502292178
Jay Hill, Director
Division of Aging, Adult and Behavioral Health Services
604095f
The Department of Human Services (DHS) announces for a public comment period of thirty (30) calendar days a notice of rulemaking for the following proposed rule under one or more of the following chapters, subchapters, or sections of the Arkansas Code: §§ 20-76-201, 20 77-107, and 25-10-129. The proposed effective date is September 1, 2026.
The Director of the Division of Aging, Adult and Behavioral Health Services proposes a rule revising the Personal Care (PC) Medicaid Provider Manual and Arkansas Independent Assessment (ARIA) Medicaid Provider Manual. This rule also implements Acts 625 and 853 of the 2025 session. Act 625 mandates adoption of an abbreviated independent assessment process for certain beneficiaries enrolled in a risk-based provider organization. Act 853 moved private care agency certification to the Department of Health.
This rule repeals the current PC manual and issues a streamlined manual focusing on State Plan Personal Care (SPPC). The new PC manual describes the parameters of SPPC, and other programs and services in other manuals are now cross-referenced and linked to ensure availability of services. The rule also separates services for adults from services for those under twenty-one. The repeal implements Act 853. The projected savings for State Fiscal Year 2027 is ($2,213,688.00) and for SFY 2028 ($2,656,426.00).
The ARIA manual currently contains information on how to administer independent assessments using the standardized ARIA tool to determine functional eligibility for Home and Community Based Services (HCBS) waiver/1915 state plan optional programs. While an independent assessment is mandatory to determine the functional need for waiver/1915 benefits, a standardized assessment tool (like ARIA) is not required (see 42 CFR Section 441.720) for SPPC. Accordingly, this rule removes the personal care section from the ARIA manual. Reassessments for Behavioral Health and Development Disabilities Assessments will have an abbreviated option pursuant to Act 625.
The Personal Care Medicaid Provider Manual outlines the new streamlined process for evaluation review to SPPC, replacing the ARIA for determining eligibility. It updates processes to implement the following: (1) an Evaluation Referral for SPPC is conducted by the vendor, Optum, through a Medical Eligibility Review to approve medical necessity for SPPC based on medical diagnosis/condition; (2) a registered nurse with the personal care provider will conduct an in-person assessment of the beneficiary’s functional needs utilizing a DHS-approved tool; and (3) require all forms be submitted for prior authorization. The new manual institutes a standardized format for SPPC functional assessments and treatment plans across personal care providers. The new Medical Eligibility Review process for SPPC will be operated by the same vendor that operates the ARIA at a much lower cost. It will use claims data to verify the requestor’s medical condition or diagnosis on file related to a physical impairment that creates barriers to Activities of Daily Living (ADLs) and Instrumental Activities of Daily Living (IADLs) before approving the beneficiary for SPPC. The rule changes the prior authorization (PA) time period from six (6) months to one (1) year. The rule clarifies that the sixty-four (64) hours per month service cap will remain, but that youths may receive over sixty-four (>64) hours per month with Extension of Benefits.
The other change being made to the ARIA Manual is the addition of explicit sections that describe how to administer an independent assessment using the standardized ARIA tool for Arkansas’ aging waivers (ARChoices, Living Choices Assisted Living, and Program of All-Inclusive Care for the Elderly (PACE)). These processes are already in practice but were not previously included in the ARIA manual.
The proposed rule is available for review at the Department of Human Services (DHS) Office of Policy and Rules, 2nd floor Donaghey Plaza South Building, 7th and Main Streets, P. O. Box 1437, Slot S295, Little Rock, Arkansas 72203 1437. You may also access and download the proposed rule at ar.gov/dhs-proposed-rules. Public comments can be submitted in writing at the above address or at the following email address: ORP@dhs.arkansas.gov. All public comments must be received by DHS no later than July 12, 2026. Please note that public comments submitted in response to this notice are considered public documents. A public comment, including the commenter’s name and any personal information contained within the public comment, will be made publicly available and may be seen by various people.
A public hearing will be held by remote access through Microsoft Teams. Public comments may be submitted at the hearing. The details for attending the Microsoft Teams hearing appear at ar.gov/dhspublichearings.
If you need this material in a different format, such as large print, contact the Office of Policy and Rules at 501-320-6428. The Arkansas Department of Human Services is in compliance with Titles VI and VII of the Civil Rights Act and is operated, managed, and delivers services without regard to religion, disability, political affiliation, veteran status, age, race, color, or national origin. 4502292178
Jay Hill, Director
Division of Aging, Adult and Behavioral Health Services
604095f
Refcode: #604095
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