ALC-Administrative Rules

Warning members if you will taking chairs will get the exhilarating administrative rules subcommittee going chair she's quorum. No opening comments representative Jane do you have any comments. K.. With that being the case the will call this meeting to order and our first item on the agenda is the adoption of the bureaus report on the axe of the twenty twenty one regular session requiring new rulemaking will begin with comments by our staff member Jessica Whitaker administration administrator sorry regarding the report Jessica. Thank you good morning exhibit be in your packet is the bureaus report and the axe from the last session that require rulemaking and these are some of the rules that will be seeing it in the coming year and this report as you will note is broken into four different categories the first category are those acts that specifically requiring an agency to promulgate rules. The second category are those that require promulgating necessary roles we wanted to separate that into its own category that we also have a third category of those acts that reassign rulemaking to another an agency because it would be unclear whether additional rules would be necessary and so we put that in there and then the fourth and final category are those that require agencies to take action but they don't use the word rule maybe they use standards or criteria or guidelines and because those items could be could fit within the definition of role we wanted to include those as a separate category and that is the bureaus report and I would be happy to take any questions. The members have any questions. You have a motion to adopt the report. In a motion and second order by Senator English any all in favor say aye. The posed motion carries we have a report of the executive subcommittee you have the report of the executive subcommittee in your package regarding its approval of an emergency rule since our last meeting do I have a motion to adopt this report. Got a motions are second second over here any discussion. All favor say aye opposed motion carries. Next on the agenda the agency rules and if you find that in your packet and we're start with the department of commerce offices skills development and. Coty way to miss Stephanie Isaacs or your own room if you would please come forward for the presentation of the rule. More Stephanie if you would introduce yourself for the record your name and title please. Stephanie Isaacs department commerce of school development and associate director good morning would you head presents rule please yes we cleaned up a little bit the online language in the rules which on the three transformation we no longer have the department of career education so we change that language to AT and also skills development but the main come the bulk of the rule changes on page four so we do our the funding of the centers is through enrollment funding. And this year during the pandemic we realized that due to the lower lower enrollment some of that some centers didn't have enough money to make their payroll but the only mechanism we had to give them to fund these programs was there in Roman funding if you're funding went from if you enrollment went from two hundred students to fifty students that left you with a huge deficit so we came before this committee and we got an emergency rule to help students will to help the programs make their payroll basically to give them extra funding so during that time we realized that we needed to change our rules to have some flexibility so the rules basically say is that the courage cation develop workforce development board during the year if we have another year of lowered enrollment where we have. We have centers who don't have enough funding we can't make the decision to give them funding to cover to make them whole which is what we did this year so both in the fall in the spring after we received a permission from this committee we were able to get extra funding in addition to their enrollment funding to eighteen centers and had we not done that they would have been a huge deficit so all this rule does is give us some flexibility it also gives us the flexibility in years where we have more enrollment then we have budget we would be able to adjust the tiered funding rates on the other the other big thing that the rule changes have here is we're capping the amount of carryover that some centers have. So we put that cap at twenty percent of their current year revenue so we have thirty centers twenty four The center signs on Committee college campuses and six are on large on high school campuses approximately five of those centers have huge carryover balances well we have other centers you don't have enough funding to cover the programs in the institution has to make up the difference so what we did is in these rules we we were going to happen in the coming years the carrier to twenty percent so we did have public comment not surprisingly from centers who had large carryover balances and we have asked them to come to our September courage cation workforce development board to give us a plan for how they're gonna spend that money damn but we we feel confident that the board approved this and we feel confident that we can work with them to spend down these carryover balances in a way that will help bill the workforce and get employers the kind of skills employees that they need moving forward I'm happy taking questions. All right any questions from committee members. If you would when you set that meeting would you send that to Jessica and she'll send it up to all the committee members in case they want to attend that meeting you just referenced about certain how the money's going to be spent down the future and that this right of any questions. Without objection in this rule is reviewed and approved thank you very much. All right next on the agenda department of corrections miss Lindsay Walsh. For Sullivan. It's in the. Some of you would name and title for the record please Sir good morning miss Mister members of the sub committee solemn grave secretary corrections right and we've got four items on the agenda thank you a report on the first one is on page nine reporting of incidents yes yes Sir A. R. five extends the applicability of a rule that currently only applies to what is now the Division of correction to the entirety of the department of corrections it also clarifies the individuals required to be no notified of all series ends incidents as defined by policy. And ensures that a complete record of incidences maintained within the departments of electronic offender record system all of this is current practice which is updating the rule to reflect practice. Okay any questions from members. Without objection then this rules reviewed and approved item be the internal affairs investigation on page ten A. R. five I'm sorry A. R. seventeen is the ops are a R. fourteen of again my numbers right is the companion rule to a R. five this simply extends the applicability of our internal affairs rule to apply to the entirety of the department of corrections we now operate our internal affairs division as a shared service within the department accessible to all divisions. Any questions from members. Was there any increased cost or did you have to transfer anything out of your budget. As a result of this no Sir we we purpose the assisting internal affairs division that a previously was assigned to just the Division of correction about ninety eight percent of their lotus still in is still the Division of correct shin worker it we were able to pick up the additional load without any additional staff costs or resources K. A. questions from members. Without objection in this rule is reviewed approved items the to back on page eleven we of previously had a tobacco and smoke free policy that was applicable to the Division of correction this extends the applicability of the rule to the department of corrections as a whole and also clarifies its applicability of preventing the use of E. cigarettes on department property. Any questions from members. The objections rules reviewed and approved and the last one is best practices fund this is this is a repeal and twenty nineteen General Assembly passed legislation to repeal the enabling of land language for the best practices fund this simply repealed the rule that is no longer authorized by legislation. Okay any questions from members see ninety I'm not sure who that is someone who's. Okay Senator Garner thank you chairman some issued me go back to the last rule I know certain approved if you don't mind explain the E. cigarette band and what exactly it looks like. The We have since two thousand proved committed the use of. The battle on are a great option facility property however the policy was specific to only restricting the use of tobacco to we just wanted to catch up with the times because and more and more we're seeing the use of E. cigarettes for among our staff while that is perfectly permitted in their vehicles and while they're off duty the because those E. cigarettes can be a former contraband within our facilities we wanted to make sure that our policy reflects their prevalence in society now is there any area where they're allowed to use that on the property at all it in the vehicle the parking lot. Okay I guess I understand tobacco ban in general for cigarettes because of the secondhand smoke is dangerous but is an easy vapor used a water vapor being released into the atmosphere is it because the contraband insurers and health issue contraband thank you. Senator Hill. Thank you Sir my question tobacco ban in this is for informational purposes only what under the guise of coming in that are addicted to the nicotine. If they if they're. Addicts if there utilization of nicotine is at a level that it meets the medical definition of addiction they we may make Gums are patches accessible that's few and far between I can probably only think of one incidents in the last sixteen years I'm aware of where we've added to the. This is not less restrictive or more restrictive than what's already put in place with the other products the church right to just bring it as you said yes Sir modernization of the time yes Sir okay any other questions from any other members. Right and this is for we we went back to the conversation back above what we're about to approve is the best practices fund any questions on it. Without objection then this rules reviewed approved before you get away those chair want to take a little latitude to ask you a couple questions just or are the COVID cases holding in the prison systems right now what the up tick in the outside world where are you as far as code cases in the units we're unfortunately seeing an uptake in covid as of this morning we have seventy four active cases about ninety percent of those are restricted to our intake areas individuals who have either come from one of our county jails into the system or who were intake of from the street the balance of those are population shin cases largely driven by individuals who have gone out to a outside visit whether Court hospital and contracted code within the community and when they return back to the Department they're placed in quarantine we're also becoming extremely concerned with our staff numbers on June the first we had one positive staff member yesterday afternoon I had fifty so we're fifteen or fifty fifty five zero okay that have that or were in direct contact with him it okay positive for golden under quarantine we're continuing to require masking within our facilities as a precautionary measure along with all of our in hand sanitation and other mitigation Senate efforts in addition to encouraging banks the nation's among inmates and staff we now hold monthly vaccination clinics are contracted medical provider will path provides those month out will Aston makes to sign up if they're interested in taking the vaccine and that following months uh will make the vaccine available to them this month we are scheduled to vaccinate. Two hundred and eighty inmates okay and are you leading outside chaplains in now. Yes Sir at the wheel we're working our way toward that okay we at the end of may allow outside volunteers back in actually was at an event with our chaplaincy administrator within the Division of correction last week in one of the items we call. About was his of phasing back in of those bags to a religious volunteers okay and then last thing is when it as the same progressive based on past history with the work release centers yes are you know would you please if you see that you've got a work release center that's got up tick or there's a possibility that they might be you know cut off from going out into the Committee to their workplaces let all the legislators that are affected by those impacted areas no sooner than later yes Sir that that there's a potential of people may not be able to get out to work yes I'd appreciate that chair's gonna exercise will lead to recognize seat ninety. They retire so you've had a mask mandating your facility throughout the cover pandemic is that correct yes Sir and the cases are still rising at this point is that correct. There in in our intake areas yes case against all right rights and is there today are as they enter in our intake areas just in general population thank okay all right Mister graves thank you I see no other questions for you appreciate to be we appreciate you being here today moved on to Arkansas ethics Graham Sloan this is the rules on campaign contribution limits on page thirteen members. Response you would please name and title for the record. Thank you Mr chairman members committee on Graham Sloan director the Arkansas ethics commission. The under state law the ethics commission is required every two years to See if the campaign contribution limit needs to be indexed for inflation and the method on that is the federal government publishes some economic indicators are markers if you will and then we have a pre prescribed formula that we apply and in the yields a number which gets rounded to the nearest Hendren and this year those numbers came out in February. And when we apply the formula. And rounded to the nearest hundreds of resulting answers twenty nine hundred the campaign contribution limited in twenty eight hundred dollars so this set of rules is been amended to reflect that the campaign had recently gone up to twenty nine hundred dollars. C. thirty four. Thank you Mr over here Mr Sloan. David right you're right okay thank you yeah so the the federal elections commission updated the contribution limits in February I think they put it out on the second of the month I'm trying to understand why why it takes basically half a calendar year for us to just mirror that change for Arkansas can you explain that process to be glad to the the federal government it's not consumer price index but in light terms they put out some consumer price index numbers that came out February second our formula is not the same one the Federal Election Commission would usually have a separate formula so step one would mean for the commission staff to take those numbers and apply under the formula we're required to use and then we would have taken that number two our board at the March meeting and Requested permission to open a rule making there's a thirty day public comment period. It would not have been possible to have it on the April meeting so we passed it our board pass to get the gene meeting but because it the meeting occurred after June fifteenth we meet on the third Friday the drawbridge already been pulled up on you this committees Jean meeting so we're just here at the July meeting is you know under the way that process works this is the earliest day we could have been here is that formula's spelled out in statute or is that okay. Yeah we don't let's not discretion formula were required to. When we're given the formula and then we have to wait on those numbers and you know currents the numbers of using the formula and then Alexei those numbers came out February and then Yeah we had it on the you know the March meeting and so I mean are the are agency was essentially done with in March I will say also though that one step I left out was before we can open a rule making we have to get the governor's office approval and so we would have sent you know sent the proposed new set of rules to the governor's office and then waited on approval and then once approval was obtained publish notice have a hearing so forth and then the but like I said we. Rooted at the may meeting but it just was you know the drawbridge and then pulled up for this committees demanding okay thank you. Senator Mark Johnson. Thank you Mr chairman Mr slaw one is the effective date of this change well under state law rules not effective till ten days after you all the proved it it's been filed and so if you know if you all approved today the the state law effective date would be July thirtieth however in previous instances the commission when called upon has just said that it was retroactively applied back to the beginning of the election cycle but it it it mean it won't be officially official until July thirty well it if and I'm getting not correcting you I'm just asking Would be thirteen days after full a LC a rule which presumably will be Fridays at I don't know what because what we've got the paperwork ready to. Pilot today we will take to the state library today and take it to the secretary of state's office and then but if I'm hearing you say that it will be a face you know that they will be approved by LC till Friday then it would be ten days after Friday so what I'm hearing you say correct me if I'm wrong is any candidate that accepted a donation of twenty nine hundred for the twenty twenty two in this case primary election cycle would not be considered out of compliance is that correct the last time we cross that bridge we said it was retroactive and there would not have been any exposure I'm and I see no reason it wouldn't be that way but I'm I really can't speak to what the the commission's board would do if they want with there's we get new members every a new member every year so it's a different group of people but if you know if if the past is any indication of the president then the I don't think there would be any exposure okay thank you Mr slaw thank you Mr. A any other questions from members. Just for clarity in. Make sure there's no confusion we walk out of here as far as accept any twenty nine hundred dollar checks that needs to be ten days after you'll see is that correct there's no there's absolutely no doubt that that's firm ground safe harbor and and so that you know what they're just. That that would be the best practice but if somebody had taken one you know during this process then you you know it last time at the of Commission cross that bridge they said was retroactive but. Yeah you wouldn't you wouldn't need to rely on that if the if it is after ten days after bail C. approved it it's it's it is S. the law okay all right Senator Hill. Gates over over here I know several of. Represented representative and senators Act already had fund raisers one of those and I do have actually already received twenty nine hundred dollars in the past thinking it was legal. Well I've already deposited and. If I was in no she's I would just proceed forward if if the issue came up this. Have faith that the commission's gonna say it was retroactive for keep my fingers crossed that that was gonna be the outcome. Say that again one more time really loud yeah a little louder if you would into the microphone. The M.. I'm just I'm just going to keep it and just cross my fingers that it's going to be retroactive. So you are encouraging those who have received it. If I was if I had already taken it then I would keep it and uh and just This. How are you know just keep my fingers crossed and hope done always work I'm but I mean but even if you stand back it wouldn't it wouldn't change the fact that you're taking it you know I mean if it was prohibited refuse six if it was named excessively set some back it's not going to change the fact that you taken an excess contribution by there wasn't somebody filed a complaint is in for some action it's are you gonna be permissible you know by that time so I just I just to me Senate back is just it's not really improve your position any thank you Sir. Any other questions. Without objection is rules reviewed and approved thank you Sir thank you all right I'm for almost the annual hang on and unforced parm Human Services. And the Mr Clark right miss Elizabeth Pittman please. One page fourteen members we have to. And if you all would name and title for a record please. Thank you Sir and more quiet for Human Services Elizabeth admin Division of Medical Services okay Page fourteen pharmacy rule please. This role is a technical corrections to our pharmacy provider manual Arkansas place of services to has historically been ninety nine which under the national place of service codes means other so we are changing it to wind which is the national code for pharmacy place of service we have discussed this with the providers it is a welcome change we are putting out in our a notification once we get approval so that they'll understand the new billing rules and that that is it and I'm happy to take any questions any questions from members. Subject to the rules reviewed approved next items technical correction also yes this is a separate technical correction this one's a little bit larger and we have also historically used vendor name Senator manual and as you know under state procurement laws we have to refer care every seven years so that makes our manuals out of date quickly sometimes so we have gone through and actually removed those vendor names from the mammals themselves instead including links where the vendor name somewhere so that you can click on the link and go to the contact information for that fender find out how to contact them and who they are I'm done not in all of the manuals listed here why we were opening these manuals we take the opportunity to correct a few other minor things and taking office and prior authorizations that didn't match federal or national billing practices anymore and and fixing a few other billing things and again happy to take questions we we got no comments on these or. Senator Mark Johnson. Thank you Mr chairman of Mr quiet you may recall last month they ask you about the correction of the billing code issue dealing with optometrists what is the status of that. I know we're working on it I don't have a status now but I can get you one today if that's okay I can check on it as required coming back to rules or is it simply something be handled administratively the last that we have to talk with the folks with whom the Division I think they decided that could be done Mr doubly as a matter making system changes that the system I don't believe that has changed I've not talked to lawyers last week or so on that see there's something different but the last I heard they thought it would be just administrative change okay thank you and please let me know we went in there and it's all straightened out thank you so much thank you Mr chairman. Any other questions from members. One question I have on our handout page sixteen. Says the MS updates electronic billing requirements dental provider menu removed prior authorization from national procedure code devices any type in the prosthetics manual what why's that specifically singled out. This is a I'm sorry Mr are looking at the rule itself. I'm looking. Yes I think he is. I am and generally what our prior authorization and I and I have several nurses that they keep up with the national codes that come out every quarter if they change that national billing codes my nurses that do that they will go through and make decisions on what needs to be changed on how we treat things and based on those national coding recommendations I'm not sure why they made this decision but I'm happy to find that out for you and get back on and does this deal with prior authorization in the per static world yes it's S. for the Medicaid population only years as to what passes as well ours only apply to the Medicaid population your service okay and because discussions we had like over children's hospital's emergency cases where physicians are wanted to make immediate adjustments to the prosthetics but they're being held up or not paid because of problems a recession that some of the passes are requiring that is not the case in this so if there are Medicaid client receiving the services this will ease up having to have prior authorization so they can get their needs taken care with her is that a fair assessment on this particular card yes Sir and we are looking at all prosthetics carried as we discussed in that meeting that you're talking about and and and should be having recommendations on those same. Okay our question Johnny right represent right thank you thank you Mr chairman couple years ago mark ACT five seventy nine which made it to where the local optometrist if they were trained properly could could perform laser surgery those folks have not been getting your reimbursement for for the surgery is there anything we can do about sex or yes working on the changes now this change of necessary in the system to allow for that billing it's the the way it was the ophthalmologist could build that laser surgery but enforcing years past scope of practice laws so that operators could not do this procedures you'll change the laws so that is not legal for an optometrist to do that so recognized in that yet we we are working on changing the systems allow for that bill. All right any other questions. Without objection this rule is reviewed and approved thank you all for being here today thank you thank you members are finalized a minor agenda is a letter from the department of agriculture Arkansas bureau standards regarding its status update in accordance with ACT five seventeen of two thousand nineteen you have a letter in your packet for review and if there's no objection we will review and filed a letter as a status update are there any questions regarding this item. Then without objection we will review on file this letter as a status update and with no further business coming before the committee maturity good. Good words aren't thank health.