9 CAR § 100-402 – Access to health care — Policy

(a) It is the policy of the Division of Youth Services to afford informed and unimpeded access to appropriate health care for all youth in its legal and physical custody.
(b)
1. (1) All youth shall have access to necessary medical and dental care.
2. (2) The process by which a youth accesses medical care and services may vary as long as timely unimpeded access is not denied.
(c)
1. (1) The division, contracted staff, and contracted healthcare providers shall provide access to routine and specialized medical care and services as needed for youth residing within secure residential facilities and programs overseen by the division.
2. (2) Each facility under division jurisdiction or contract shall collaborate with professional community healthcare providers to obtain necessary emergency and specialized medical care and services.
(d)
1. (1)
  1. (A) Informed consent is required for all medical care except for emergency medical treatment.
  2. (B) Consent is not required for emergency medical treatment.
2. (2) When the consent of a parent or guardian cannot be obtained, the division may provide approval for all reasonable and necessary medical services, including hospitalization, during the period of a youth’s physical custody with the division.
(e)
1. (1) A parent, guardian, or the youth may consent to routine treatment.
2. (2) Only the parent, guardian, or the youth, if the youth is eighteen (18) years of age or older, may consent to elective or invasive medical care.
(f) During the first seventy-two (72) hours of a youth’s initial commitment to the division’s physical custody, division-designated staff shall contact the youth and provide him or her with a general healthcare orientation that contains information on how to access or request access to healthcare services.
(g) During the first twenty-four (24) hours of a youth’s admission to a residential program, designated staff shall provide the juvenile with both verbal and written information on how to access or request access to healthcare services.
(h) The general healthcare orientation shall include written information about:
1. (1) How to access emergency or routine medical, mental health, vision, or dental services;
2. (2) The identity and facility location of onsite medical and mental health staff;
3. (3) How to access or obtain follow up on any prior medical, mental health, vision, or dental services; and
4. (4) How to access the grievance process for health-related complaints.
(i)
1. (1) Access to health services information shall be presented and communicated in a language and manner clearly understood by each youth.
2. (2) Each youth shall be allowed opportunity to:
  1. (A) Ask questions;
  2. (B) Seek additional clarity; or
  3. (C) Express related concerns.
(j) Each division-operated or contract facility shall have special procedures in place to assist any youth who have language barriers or difficulty with communication or comprehension on how to access healthcare services.
(k) A sign or poster explaining how to access healthcare services shall be posted in all dorms, cottages, housing units, and common areas in which juveniles routinely receive programmatic services, supervision, and care.
(l) All policies under this section are intended to be consistent with Arkansas Medicaid rules, and where they conflict, Medicaid rules supersede these policies.
(m) Where policies under this section conflict with state or federal law, the law shall supersede these policies.