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Arkansas General Assembly· HB 1096Notification that HB1096 is now Act 786

An act TO MAKE AN APPROPRIATION FOR THE MEDICAID 10 TOBACCO SETTLEMENT PROGRAM FOR THE DEPARTMENT OF 11 HUMAN SERVICES FOR THE FISCAL YEAR ENDING JUNE 30, 12 2026, the official text

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Stricken language would be deleted from and underlined language would be added to present law.

1 State of Arkansas           As Engrossed: H3/12/25
2 95th General Assembly
                                    A Bill

3 Regular Session, 2025                                           HOUSE BILL 1096

4

5 By: Joint Budget Committee

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7

8                             For An Act To Be Entitled

9              AN ACT TO MAKE AN APPROPRIATION FOR THE MEDICAID

10             TOBACCO SETTLEMENT PROGRAM FOR THE DEPARTMENT OF

11             HUMAN SERVICES FOR THE FISCAL YEAR ENDING JUNE 30,

12             2026; AND FOR OTHER PURPOSES.

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14

15                                     Subtitle

16                       AN ACT FOR THE DEPARTMENT OF HUMAN

17                       SERVICES - MEDICAID TOBACCO SETTLEMENT

18                       PROGRAM APPROPRIATION FOR THE 2025-2026

19                       FISCAL YEAR.

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22 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:

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24  SECTION 1. REGULAR SALARIES - MEDICAL SERVICES - MEDICAID TOBACCO

25 SETTLEMENT PROGRAM. There is hereby established for the Department of Human

26 Services - Division of Medical Services - Medicaid Tobacco Settlement Program

27 for the 2025-2026 fiscal year, the following maximum number of regular

28 employees.

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30                                                                Maximum Annual

31                                               Maximum           Salary Rate

32 Item Class                                    No. of            Fiscal Year

33  No. Code Title                               Employees          2025-2026

34  (1) G152C DHS PROGRAM MANAGER                            1      GRADE GS08

35  MAX. NO. OF EMPLOYEES                                    1

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    *LCW005*                                                      03-12-2025 15:38:19 LCW005
    As Engrossed: H3/12/25                                                  HB1096

1        SECTION 2. REGULAR SALARIES - AGING, ADULT, AND BEHAVIORAL HEALTH

2 SERVICES - MEDICAID TOBACCO SETTLEMENT PROGRAM. There is hereby established

3 for the Department of Human Services - Division of Aging, Adult, and

4 Behavioral Health Services - Medicaid Tobacco Settlement Program for the

5 2025-2026 fiscal year, the following maximum number of regular employees.

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7                                                               Maximum Annual

8                                             Maximum           Salary Rate

9 Item Class                                         No. of     Fiscal Year

10  No. Code Title                            Employees         2025-2026

11  (1) L038C REGISTERED NURSE                               1  GRADE MP01

12  (2) G129C DHS/DCO PROGRAM MANAGER                        1  GRADE GS08

13  (3) M037C PROGRAM ELIGIBILITY SUPERVISOR                 2  GRADE GS07

14  (4) M066C PROGRAM ELIGIBILITY SPECIALIST         14         GRADE GS06

15       MAX. NO. OF EMPLOYEES                       18

16

17       SECTION 3. APPROPRIATION - MEDICAL SERVICES - MEDICAID TOBACCO

18 SETTLEMENT PROGRAM. There is hereby appropriated, to the Department of Human

19 Services, to be payable from the Medicaid Expansion Program Account, for

20 personal services and operating expenses of the Department of Human Services

21 - Division of Medical Services - Medicaid Tobacco Settlement Program for the

22 fiscal year ending June 30, 2026, the following:

23

24 ITEM                                                         FISCAL YEAR

25 NO.                                                          2025-2026

26 (01) REGULAR SALARIES                                        $55,025

27 (02) PERSONAL SERVICES MATCHING                                      20,741

28 (03) MAINT. & GEN. OPERATION

29       (A) OPER. EXPENSE                                               9,484

30       (B) CONF. & TRAVEL                                              2,000

31       (C) PROF. FEES                                                      0

32       (D) CAP. OUTLAY                                                     0

33       (E) DATA PROC.                                                      0

34       TOTAL AMOUNT APPROPRIATED                              $87,250

35

36       SECTION 4. APPROPRIATION - MEDICAL SERVICES - MEDICAID TOBACCO

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    As Engrossed: H3/12/25                                                  HB1096

1 SETTLEMENT PROGRAM GRANTS. There is hereby appropriated, to the Department

2 of Human Services, to be payable from the Medicaid Expansion Program Account,

3 for grant payments of the Department of Human Services - Division of Medical

4 Services - Medicaid Tobacco Settlement Program Grants for the fiscal year

5 ending June 30, 2026, the following:

6

7 ITEM                                   FISCAL YEAR

8 NO.                                    2025-2026

9 (01) HOSPITAL AND MEDICAL SERVICES     $140,426,470

10 (02) PRESCRIPTION DRUGS               5,142,643

11       TOTAL AMOUNT APPROPRIATED       $145,569,113

12

13       SECTION 5. APPROPRIATION - AGING, ADULT, AND BEHAVIORAL HEALTH SERVICES

14 - MEDICAID TOBACCO SETTLEMENT PROGRAM. There is hereby appropriated, to the

15 Department of Human Services, to be payable from the Medicaid Expansion

16 Program Account, for personal services and operating expenses of the

17 Department of Human Services - Division of Aging, Adult, and Behavioral

18 Health Services - Medicaid Tobacco Settlement Program for the fiscal year

19 ending June 30, 2026, the following:

20

21 ITEM                                  FISCAL YEAR

22 NO.                                   2025-2026

23 (01) REGULAR SALARIES                 $860,531

24 (02) PERSONAL SERVICES MATCHING       342,463

25 (03) MAINT. & GEN. OPERATION

26       (A) OPER. EXPENSE                                               98,598

27       (B) CONF. & TRAVEL                                                 0

28       (C) PROF. FEES                                                     0

29       (D) CAP. OUTLAY                                                    0

30       (E) DATA PROC.                                                      0

31       TOTAL AMOUNT APPROPRIATED       $1,301,592

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33       SECTION 6. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS

34 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. ACCOUNTS.

35 Such appropriations and fund accounts as may be necessary to administer the

36 provisions of this act shall be established on the books of the Chief Fiscal

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    As Engrossed: H3/12/25                                                  HB1096

1 Officer of the State, State Treasurer, and the Auditor of the State.

2   The provisions of this section shall be in effect only from July 1, 2024

3 2025 through June 30, 2025 2026.

4

5   SECTION 7. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS

6 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW.

7 POSITIONS. (a) Nothing in this act shall be construed as a commitment of the

8 State of Arkansas or any of its agencies or institutions to continue funding

9 any position paid from the proceeds of the Tobacco Settlement in the event

10 that Tobacco Settlement funds are not sufficient to finance the position.

11  (b) State funds will not be used to replace Tobacco Settlement funds when

12 such funds expire, unless appropriated by the General Assembly and authorized

13 by the Governor.

14  (c) A disclosure of the language contained in (a) and (b) of this Section

15 shall be made available to all new hire and current positions paid from the

16 proceeds of the Tobacco Settlement by the Tobacco Settlement Commission.

17  (d) Whenever applicable the information contained in (a) and (b) of this

18 Section shall be included in the employee handbook and/or Professional

19 Services Contract paid from the proceeds of the Tobacco Settlement.

20  The provisions of this section shall be in effect only from July 1, 2024

21 2025 through June 30, 2025 2026.

22

23  SECTION 8. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS

24 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. TRANSFER

25 RESTRICTIONS. The appropriations provided in this act shall not be

26 transferred under the provisions of Arkansas Code 19-4-522, but only as

27 provided by this act.

28  The provisions of this section shall be in effect only from July 1, 2024

29 2025 through June 30, 2025 2026.

30

31  SECTION 9. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS

32 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. TRANSFERS

33 OF APPROPRIATIONS. In the event the amount of any of the budget

34 classifications of maintenance and general operation in this act are found by

35 the administrative head of the agency to be inadequate, then the agency head

36 may request, upon forms provided for such purpose by the Chief Fiscal Officer

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    As Engrossed: H3/12/25                                                  HB1096

1 of the State, a modification of the amounts of the budget classification. In

2 that event, he shall set out on the forms the particular classifications for

3 which he is requesting an increase or decrease, the amounts thereof, and his

4 reasons therefor. In no event shall the total amount of the budget exceed

5 either the amount of the appropriation or the amount of the funds available,

6 nor shall any transfer be made from the capital outlay or data processing

7 subclassifications unless specific authority for such transfers is provided

8 by law, except for transfers from capital outlay to data processing when

9 determined by the Division of Information Systems that data processing

10 services for a state agency can be performed on a more cost-efficient basis

11 by the Division of Information Systems than through the purchase of data

12 processing equipment by that state agency. In considering the proposed

13 modification as prepared and submitted by each state agency, the Chief Fiscal

14 Officer of the State shall make such studies as he deems necessary. The Chief

15 Fiscal Officer of the State shall, after obtaining the approval of the

16 Legislative Council or Joint Budget Committee, approve the requested transfer

17 if in his opinion it is in the best interest of the state.

18  Upon determination by the Secretary of the Department of Human Services

19 that a Reallocation of Resources is necessary for the effective operation of

20 the Medicaid Tobacco Settlement Program Grants, the Secretary, with the

21 approval of the Governor, shall have the authority to request from the Chief

22 Fiscal Officer of the State a transfer of Appropriation. This transfer

23 authority applies only to the Medicaid Tobacco Settlement Program Grants

24 appropriation section of this Act between the Hospital and Medical Services

25 line item and the Prescription Drugs line item. The limitation restrictions

26 applicable to the Department Reallocation of Resources authority applies to

27 this section.

28  The General Assembly has determined that the agency in this act could be

29 operated more efficiently if some flexibility is given to that agency and

30 that flexibility is being accomplished by providing authority to transfer

31 between certain items of appropriation made by this act. Since the General

32 Assembly has granted the agency broad powers under the transfer of

33 appropriations, it is both necessary and appropriate that the General

34 Assembly maintain oversight of the utilization of the transfers by requiring

35 prior approval of the Legislative Council or Joint Budget Committee in the

36 utilization of the transfer authority. Therefore, the requirement of approval

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    As Engrossed: H3/12/25                                                  HB1096

1 by the Legislative Council or Joint Budget Committee is not a severable part

2 of this section. If the requirement of approval by the Legislative Council or

3 Joint Budget Committee is ruled unconstitutional by a court of competent

4 jurisdiction, this entire section is void.

5   The provisions of this section shall be in effect only from July 1, 2024

6 2025 through June 30, 2025 2026.

7

8   SECTION 10. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS

9 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW.

10 COMPLIANCE WITH OTHER LAWS. Disbursement of funds authorized by this act

11 shall be limited to the appropriation for such agency and funds made

12 available by law for the support of such appropriations; and the restrictions

13 of the State Purchasing Law, the General Accounting and Budgetary Procedures

14 Law, the Regular Salary Procedures and Restrictions Act, or their successors,

15 and other fiscal control laws of this State, where applicable, and

16 regulations promulgated by the Department of Finance and Administration, as

17 authorized by law, shall be strictly complied with in disbursement of said

18 funds.

19  The provisions of this section shall be in effect only from July 1, 2024

20 2025 through June 30, 2025 2026.

21

22  SECTION 11. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS

23 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW.

24 LEGISLATIVE INTENT. It is the intent of the General Assembly that any funds

25 disbursed under the authority of the appropriations contained in this act

26 shall be in compliance with the stated reasons for which this act was

27 adopted, as evidenced by Initiated Act 1 of 2000, the Agency Requests,

28 Executive Recommendations and Legislative Recommendations contained in the

29 budget manuals prepared by the Department of Finance and Administration,

30 letters, or summarized oral testimony in the official minutes of the Arkansas

31 Legislative Council or Joint Budget Committee which relate to its passage and

32 adoption.

33  The provisions of this section shall be in effect only from July 1, 2024

34 2025 through June 30, 2025 2026.

35

36         SECTION 12. EMERGENCY CLAUSE. It is found and determined by the

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    As Engrossed: H3/12/25                                                HB1096

1 General Assembly, that the Constitution of the State of Arkansas prohibits

2 the appropriation of funds for more than a one (1) year period; that the

3 effectiveness of this Act on July 1, 2025 is essential to the operation of

4 the agency for which the appropriations in this Act are provided, and that in

5 the event of an extension of the legislative session, the delay in the

6 effective date of this Act beyond July 1, 2025 could work irreparable harm

7 upon the proper administration and provision of essential governmental

8 programs. Therefore, an emergency is hereby declared to exist and this Act

9 being necessary for the immediate preservation of the public peace, health

10 and safety shall be in full force and effect from and after July 1, 2025.

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12                          /s/Joint Budget Committee

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