Medical necessity
Applied in 2 court decisions — leading case Odyssey Healthcare Operating A. LP v. Arkansas Department of Human Services (2015)
Most recently applied in 2022 Ark. App. 312 - Arkansas Department of Human Services, Division of Medical Services v. Northwest Arkansas Hospital, Springdale (September 2022)
Acts 2005, No. 1758, § 1; 2007, No. 596, § 3; 2013, No. 562, § 5.
(1) There is a presumption in favor of the medical judgment of the performing or prescribing physician in determining medical necessity of treatment.
(2) If an administrative law judge finds that the Department of Human Services has overcome the presumption under subsection (a) of this section, he or she shall state the manner by which the presumption was overcome.
Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.