Arkansas Department of Human Services v. Lori Rawls

── Arkansas Department of Human Services v. Lori Rawls ── Court: Court of Appeals of Arkansas Date: May 06, 2026 Category: General Cite as 2026 Ark. App. 284 ARKANSAS COURT OF APPEALS DIVISION IV No. CV-25-282 Opinion Delivered May 6, 2026 APPEAL FROM THE PHILLIPS ARKANSAS DEPARTMENT OF COUNTY CIRCUIT COURT HUMAN SERVICES [NO. 54CV-24-148] APPELLANT HONORABLE DANNY GLOVER, V. JUDGE LORI RAWLS DISMISSED WITHOUT PREJUDICE APPELLEE CINDY GRACE THYER, Judge The Arkansas Department of Human Services (DHS) appeals an order of the Phillips County Circuit Court remanding the case back to DHS, Office of Appeals and Hearings, for an in-person hearing and to allow for the presentation of additional evidence. We dismiss for lack of a final, appealable order. Appellee Lori Rawls is the mother and guardian of Jackson Rawls, a twenty-one-year- old who suffers from Baraitser-Winter syndrome, hypertonia, hyperextension of the wrists, flat feet, and scoliosis as well as intellectual and developmental disabilities. She applied on Jackson’s behalf for the ARChoices waiver program to receive in-home care.1 1 ARChoices in Homecare is a Medicaid program that provides home and community- based services for adults ages twenty-one through sixty-four with a physical disability, and for seniors age sixty-five or older. Arkansas Department of Human Services, ARChoices in  To determine Jackson’s eligibility in the program, DHS obtained an assessment by a registered nurse with Optum Government Solutions. That assessment found that Jackson had limitations in all three aspects of daily living—eating, transferring/locomotion, and toileting—and assigned him a Tier Two rating, indicating that he might meet the functional eligibility requirements of ARChoices. On February 22, 2024, DHS denied Rawls’s request for ARChoices coverage, stating that Jackson was ineligible. According to the ARChoices waiver program manual, section 212.100(c), in order for a participant to qualify for an intermediate level of care, the participant must be totally dependent or require extensive assistance from another person in two of the three areas of mobility, feeding, and toileting. While Jackson’s assessment showed that he had limitations in all three areas, DHS noted that the assessment indicated he could eat and transfer without hands-on assistance and required only limited assistance while toileting. Rawls appealed the denial and requested a hearing. Homecare, https://humanservices.arkansas.gov/divisions-shared-services/aging-adult- behavioral-health-services/find-home-community-based-services-for-adults-seniors/archoices- in-homecare (archived at https://perma.cc/YJ9Y-T29T) (date last accessed 04/29/2026). The program is designed to prevent nursing home admissions of those at risk. American Council on Aging, Arkansas Medicaid’s ARChoices in Homecare/Independent Choices Program, https://www.medicaidplanningassistance.org/arkans as-archoices-in-homecare (archived at https://perma.cc/7TAT-885T) (date last accessed 04/29/2026). 2  An administrative hearing was held telephonically on May 7. Rawls appeared pro se; DHS appeared through counsel. Rawls testified that Jackson was twenty-one years old and had one year left in school, where he receives occupational therapy due to his disabilities. She stated that Jackson suffers from Baraitser-Winter syndrome, which affects him mentally and physically. He also has a total spine fusion, which limits his ability to bend and