(a) The General Assembly recognizes that in order to provide for appropriate health care for all Arkansans:

(1) Personal care service providers are a vital component in the recovery from an illness or an injury;

(2) Sufficient personal care service providers should be available to meet the needs of all eligible recipients; and

(3) Personal care service providers should be allowed to provide in-home personal care service to eligible recipients twenty-four (24) hours a day and seven (7) days a week.

(b) It is the purpose of this subchapter to:

(1) Allow a private care agency to provide in-home personal care services twenty-four (24) hours a day and seven (7) days a week to eligible recipients;

(2) Provide for the reimbursement of the personal care services through Medicaid; and

(3) Authorize the Department of Human Services in its administration of the Arkansas Medicaid Program to set forth Medicaid provider participation requirements for a private care agency that will ensure sufficient available personal care service providers in order to meet the needs of all eligible recipients, including available in-home personal care services twenty-four (24) hours a day and seven (7) days a week.

(c) This subchapter does not supersede department rules that establish monthly benefit limits and prior authorization requirements.

(d) The Department of Human Services is not required to reimburse a private care agency for twenty-four-hour-a-day and seven-day-a-week personal care services.