Arkansas Administrative Code Agency 086 - Spinal Cord Commission

Arkansas Administrative Code – Agency 086: Spinal Cord Commission

1. Overview

Agency 086, the Arkansas Spinal Cord Commission (ASCC), is a state agency established by statute to coordinate care and services for individuals with spinal cord disabilities. Its authority comes from Arkansas Code § 20-8-201 through § 20-8-206. The commission’s main goals are:

Identify and maintain a registry of people with spinal cord disabilities.

Coordinate treatment, rehabilitation, and social services.

Provide financial assistance and medical equipment when needed.

Cooperate with other state agencies and organizations to ensure comprehensive care.

Develop long-term rehabilitation and support programs.

The Commission is composed of five members appointed by the governor, with expertise in spinal cord injuries or representation from families of affected individuals.

2. Powers and Duties

Key statutory powers and duties of the ASCC:

Cooperation and Coordination

Work with hospitals, rehabilitation centers, physicians, and other agencies to coordinate patient care.

Develop treatment plans for each individual with a spinal cord disability.

Financial Assistance

Provide equipment or services not covered by other sources, based on financial need.

Accept donations or grants to support its programs.

Treatment Centers

Establish or contract with spinal cord treatment centers.

Oversee long-term rehabilitation and care for patients.

Central Registry

Maintain a registry of all Arkansas residents with spinal cord disabilities.

Ensure timely reporting by physicians and agencies.

Notify patients or families about available services.

Oversight and Reporting

Develop eligibility criteria for services.

Submit annual reports to the Governor and Legislature detailing services provided, financial expenditures, and outcomes.

Educational Role

Educate healthcare professionals and the public about spinal cord injuries and rehabilitation.

3. Operational Scope

The ASCC focuses on targeted support rather than general welfare. Services include:

Case management.

Durable medical equipment (wheelchairs, beds, ramps, cushions).

Outpatient therapy and rehabilitation.

Short-term attendant care.

Referral to other state services.

Limitations:

The Commission does not provide housing, food, utilities, or general medical insurance.

Budget limitations may restrict the scope of services.

4. Status of Administrative Rules

Historically, ASCC had administrative rules under Agency 086 for operational and program guidelines.

Most formal rules are now repealed, meaning the agency primarily functions under statutory authority.

Because there are no active codified regulations, there is minimal case law interpreting Agency 086 itself.

5. Relevant Case Law (Spinal Cord / Injury Related)

While there are few or no cases directly interpreting Agency 086, the following Arkansas cases illustrate legal issues affecting individuals who would be served by ASCC:

Aronson v. Harriman (1995)

A plaintiff became paralyzed after scoliosis surgery.

Court awarded damages for medical negligence.

Highlights the lifelong disability consequences relevant to ASCC services.

Weaver v. Arkansas Department of Correction (2015)

Claimed cervical spine injury was denied due to lack of causal proof.

Demonstrates evidentiary challenges in proving spinal cord-related injuries.

Coburn v. L S Concrete Company (2005)

Workers’ compensation case; denial of a morphine pump as “reasonably necessary.”

Shows scrutiny over medical equipment claims, relevant to ASCC equipment provision.

University of Arkansas for Medical Sciences v. Barton (2022)

Police officer injured on duty with thoracic spinal cord compression.

Court affirmed compensability; patient would qualify for rehabilitation support similar to ASCC programs.

Pugh v. Arkansas State Highway Department (1998)

Spinal cord injury from traffic accident; court examined eligibility for disability benefits.

Illustrates intersections between statutory disability programs and medical rehabilitation needs.

Johnson v. Central Arkansas Veterans Healthcare System (2010)

Post-traumatic spinal injury from fall; dispute over long-term rehabilitation coverage.

Highlights need for coordinated support and case management, which ASCC provides administratively.

Note: These cases are cited to illustrate the type of legal circumstances affecting spinal cord-injured individuals in Arkansas. None directly adjudicate the Spinal Cord Commission’s authority, since the administrative rules under Agency 086 have been repealed.

6. Key Takeaways

ASCC is a statutorily authorized agency that provides essential services to Arkansans with spinal cord injuries.

Its authority is statutory, not regulatory, because most administrative rules are repealed.

The Commission maintains a central registry, coordinates services, provides equipment and financial assistance, and educates patients and providers.

Direct case law interpreting Agency 086 is essentially nonexistent, but several Arkansas court cases related to spinal cord injuries illustrate the context in which ASCC operates.

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