Ark. Code Ann. § 20-48-416 — AR Code / Title 20 / Chapter 48 / Subchapter 4 / Section 20-48-416
Designation as state entity for carrying out federal acts
Status: in_force

(a) The Board of Developmental Disabilities Services is designated as the single state entity for carrying out any federal act or law pertaining to individuals with intellectual disabilities and other forms of developmental disabilities. (b) The board may take all action of every nature whatever necessary or desirable in complying with the requirements of any federal act or law and accomplishing the purposes thereof, including without limitation: (1) The receiving, handling, and disbursing of grants and funds appropriated by any federal act or law; (2) The making of provisions to assure full consideration of all aspects of services essential to planning for comprehensive state and community action to combat the effects of intellectual and developmental disabilities and provide services for individuals with intellectual and developmental disabilities, including services in the fields of education, employment, rehabilitation, habilitation, welfare, health, and the law, and services provided through community programs for and institutions for individuals with intellectual and developmental disabilities; (3) The preparing and submitting of plans for expenditure of such grants and funds and providing the assurance required by any federal act or law as to carrying out the purposes of any federal act or law; (4) The preparing and submitting of reports of the activities of human developmental centers in carrying out the purposes of any federal act or law in such form and containing such information as may be required by any federal act or law and keeping records and affording access to the records in order to assure correctness and verification of such reports as may be required by any federal act or law; (5) The providing for such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of and accounting for grants and funds paid to the human development centers in accordance with the requirements of any federal act or law; and (6) The doing of all things and taking of all action to carry out any plans for expenditures of the grants and funds in accordance with and for the accomplishment of the purposes of any federal act or law. (c) (1) This section shall be liberally construed. (2) The enumeration of any object, purpose, power, manner, method, and thing does not exclude like or similar objects, purposes, powers, manners, methods, or things. (3) This section is supplementary to any existing purposes and powers authorized to be accomplished by the human development centers or the board. Amended by Act 2019, No. 1035,§ 30, eff. 7/24/2019. Acts 1963, No. 277, §§ 1-3; A.S.A. 1947, §§ 59-1127 -- 59-1129.

(a) The Board of Developmental Disabilities Services is designated as the single state entity for carrying out any federal act or law pertaining to individuals with intellectual disabilities and other forms of developmental disabilities.

(b) The board may take all action of every nature whatever necessary or desirable in complying with the requirements of any federal act or law and accomplishing the purposes thereof, including without limitation: (1) The receiving, handling, and disbursing of grants and funds appropriated by any federal act or law; (2) The making of provisions to assure full consideration of all aspects of services essential to planning for comprehensive state and community action to combat the effects of intellectual and developmental disabilities and provide services for individuals with intellectual and developmental disabilities, including services in the fields of education, employment, rehabilitation, habilitation, welfare, health, and the law, and services provided through community programs for and institutions for individuals with intellectual and developmental disabilities; (3) The preparing and submitting of plans for expenditure of such grants and funds and providing the assurance required by any federal act or law as to carrying out the purposes of any federal act or law; (4) The preparing and submitting of reports of the activities of human developmental centers in carrying out the purposes of any federal act or law in such form and containing such information as may be required by any federal act or law and keeping records and affording access to the records in order to assure correctness and verification of such reports as may be required by any federal act or law; (5) The providing for such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of and accounting for grants and funds paid to the human development centers in accordance with the requirements of any federal act or law; and (6) The doing of all things and taking of all action to carry out any plans for expenditures of the grants and funds in accordance with and for the accomplishment of the purposes of any federal act or law.

(1) The receiving, handling, and disbursing of grants and funds appropriated by any federal act or law;

(2) The making of provisions to assure full consideration of all aspects of services essential to planning for comprehensive state and community action to combat the effects of intellectual and developmental disabilities and provide services for individuals with intellectual and developmental disabilities, including services in the fields of education, employment, rehabilitation, habilitation, welfare, health, and the law, and services provided through community programs for and institutions for individuals with intellectual and developmental disabilities;

(3) The preparing and submitting of plans for expenditure of such grants and funds and providing the assurance required by any federal act or law as to carrying out the purposes of any federal act or law;

(4) The preparing and submitting of reports of the activities of human developmental centers in carrying out the purposes of any federal act or law in such form and containing such information as may be required by any federal act or law and keeping records and affording access to the records in order to assure correctness and verification of such reports as may be required by any federal act or law;

(5) The providing for such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of and accounting for grants and funds paid to the human development centers in accordance with the requirements of any federal act or law; and

(6) The doing of all things and taking of all action to carry out any plans for expenditures of the grants and funds in accordance with and for the accomplishment of the purposes of any federal act or law.

(c) (1) This section shall be liberally construed. (2) The enumeration of any object, purpose, power, manner, method, and thing does not exclude like or similar objects, purposes, powers, manners, methods, or things. (3) This section is supplementary to any existing purposes and powers authorized to be accomplished by the human development centers or the board.

(1) This section shall be liberally construed.

(2) The enumeration of any object, purpose, power, manner, method, and thing does not exclude like or similar objects, purposes, powers, manners, methods, or things.

(3) This section is supplementary to any existing purposes and powers authorized to be accomplished by the human development centers or the board.

Amended by Act 2019, No. 1035,§ 30, eff. 7/24/2019.

Acts 1963, No. 277, §§ 1-3; A.S.A. 1947, §§ 59-1127 -- 59-1129.
Ark. Code Ann. § 20-17-1402 — AR Code / Title 20 / Chapter 17 / Subchapter 14 / Section 20-17-1402
Definitions
Status: in_force

As used in this subchapter: (1) "Authorizing agent" means the person who assumes original and lawful possession of a body under § 20-17-102 or § 20-17-701 et seq.; (2) "DD Form 93" means a United States Department of Defense Record of Emergency Data or its successor form; (3) (A) "Funeral establishment" means an entity or person: (i) Devoted to sheltering, caring for, cremating, preparing, storing, or disposing of a human body; and (ii) That is licensed by the State of Arkansas to embalm, cremate, care, or dispose of a dead human body. (B) "Funeral establishment" includes the office of a coroner or medical examiner of: (i) A municipality of the State of Arkansas; (ii) A county of the state; or (iii) The state; (4) "Interment" means the disposition of human remains by entombment, burial, or placement in an urn that is deposited above or below ground; (5) "Next of kin" means the following in the order named if the person is eighteen (18) years of age or older and is of sound mind: (A) First, if the decedent died while serving in any branch of the United States Armed Forces, the National Guard, or a reserve component of the armed forces, the next of kin is the person authorized to direct disposition on the DD Form 93; (B) Second, a person appointed by the decedent in the decedent's declaration of final disposition; (C) Third, a surviving spouse; (D) Fourth, a surviving child, or if there is more than one (1) child of the decedent, the majority of the surviving children; (E) Fifth, a surviving parent; (F) Sixth, a surviving sibling; (G) Seventh, a surviving grandparent; (H) Eighth, the guardian of the decedent at the time of the decedent's death; and (I) Ninth, the person in the classes of the next degree of kinship, in descending order, under the laws of descent and distribution to inherit the estate of the decedent; (6) "Person" means an individual, firm, partnership, copartnership, association, corporation, or other entity; (7) "Unclaimed remains" means the remains of a decedent when the next of kin entitled to the right to control the disposition of the remains: (A) Cannot be located; or (B) Does not exercise his or her right of disposition within two (2) days of notification of the death of the decedent or within five (5) days of the decedent's death, whichever is earlier; (8) "Veteran" means a person who served in the United States active military, naval, or air service, and who was discharged or released therefrom under conditions other than dishonorable; (9) "Veterans cemetery" means a cemetery under the control of: (A) The United States Department of Veterans Affairs National Cemetery Administration; or (B) The Department of Veterans Affairs; and (10) "Veterans service organization" means an entity that is: (A) A charitable organization that is tax exempt under the United States Internal Revenue Code; and (B) Organized for the benefit of veterans and has been recognized by the United States Congress, including without limitation the Disabled American Veterans, Veterans of Foreign Wars of the United States, the American Legion, the Legion of Honor, the Vietnam Veterans of America, and the Missing in America Project. Added by Act 2013, No. 723,§ 1, eff. 8/16/2013.

As used in this subchapter:

(1) "Authorizing agent" means the person who assumes original and lawful possession of a body under § 20-17-102 or § 20-17-701 et seq.;

(2) "DD Form 93" means a United States Department of Defense Record of Emergency Data or its successor form;

(3) (A) "Funeral establishment" means an entity or person: (i) Devoted to sheltering, caring for, cremating, preparing, storing, or disposing of a human body; and (ii) That is licensed by the State of Arkansas to embalm, cremate, care, or dispose of a dead human body. (B) "Funeral establishment" includes the office of a coroner or medical examiner of: (i) A municipality of the State of Arkansas; (ii) A county of the state; or (iii) The state;

(A) "Funeral establishment" means an entity or person: (i) Devoted to sheltering, caring for, cremating, preparing, storing, or disposing of a human body; and (ii) That is licensed by the State of Arkansas to embalm, cremate, care, or dispose of a dead human body.

(i) Devoted to sheltering, caring for, cremating, preparing, storing, or disposing of a human body; and

(ii) That is licensed by the State of Arkansas to embalm, cremate, care, or dispose of a dead human body.

(B) "Funeral establishment" includes the office of a coroner or medical examiner of: (i) A municipality of the State of Arkansas; (ii) A county of the state; or (iii) The state;

(i) A municipality of the State of Arkansas;

(ii) A county of the state; or

(iii) The state;

(4) "Interment" means the disposition of human remains by entombment, burial, or placement in an urn that is deposited above or below ground;

(5) "Next of kin" means the following in the order named if the person is eighteen (18) years of age or older and is of sound mind: (A) First, if the decedent died while serving in any branch of the United States Armed Forces, the National Guard, or a reserve component of the armed forces, the next of kin is the person authorized to direct disposition on the DD Form 93; (B) Second, a person appointed by the decedent in the decedent's declaration of final disposition; (C) Third, a surviving spouse; (D) Fourth, a surviving child, or if there is more than one (1) child of the decedent, the majority of the surviving children; (E) Fifth, a surviving parent; (F) Sixth, a surviving sibling; (G) Seventh, a surviving grandparent; (H) Eighth, the guardian of the decedent at the time of the decedent's death; and (I) Ninth, the person in the classes of the next degree of kinship, in descending order, under the laws of descent and distribution to inherit the estate of the decedent;

(A) First, if the decedent died while serving in any branch of the United States Armed Forces, the National Guard, or a reserve component of the armed forces, the next of kin is the person authorized to direct disposition on the DD Form 93;

(B) Second, a person appointed by the decedent in the decedent's declaration of final disposition;

(C) Third, a surviving spouse;

(D) Fourth, a surviving child, or if there is more than one (1) child of the decedent, the majority of the surviving children;

(E) Fifth, a surviving parent;

(F) Sixth, a surviving sibling;

(G) Seventh, a surviving grandparent;

(H) Eighth, the guardian of the decedent at the time of the decedent's death; and

(I) Ninth, the person in the classes of the next degree of kinship, in descending order, under the laws of descent and distribution to inherit the estate of the decedent;

(6) "Person" means an individual, firm, partnership, copartnership, association, corporation, or other entity;

(7) "Unclaimed remains" means the remains of a decedent when the next of kin entitled to the right to control the disposition of the remains: (A) Cannot be located; or (B) Does not exercise his or her right of disposition within two (2) days of notification of the death of the decedent or within five (5) days of the decedent's death, whichever is earlier;

(A) Cannot be located; or

(B) Does not exercise his or her right of disposition within two (2) days of notification of the death of the decedent or within five (5) days of the decedent's death, whichever is earlier;

(8) "Veteran" means a person who served in the United States active military, naval, or air service, and who was discharged or released therefrom under conditions other than dishonorable;

(9) "Veterans cemetery" means a cemetery under the control of: (A) The United States Department of Veterans Affairs National Cemetery Administration; or (B) The Department of Veterans Affairs; and

(A) The United States Department of Veterans Affairs National Cemetery Administration; or

(B) The Department of Veterans Affairs; and

(10) "Veterans service organization" means an entity that is: (A) A charitable organization that is tax exempt under the United States Internal Revenue Code; and (B) Organized for the benefit of veterans and has been recognized by the United States Congress, including without limitation the Disabled American Veterans, Veterans of Foreign Wars of the United States, the American Legion, the Legion of Honor, the Vietnam Veterans of America, and the Missing in America Project.

(A) A charitable organization that is tax exempt under the United States Internal Revenue Code; and

(B) Organized for the benefit of veterans and has been recognized by the United States Congress, including without limitation the Disabled American Veterans, Veterans of Foreign Wars of the United States, the American Legion, the Legion of Honor, the Vietnam Veterans of America, and the Missing in America Project.

Added by Act 2013, No. 723,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 20-77-2104 — AR Code / Title 20 / Chapter 77 / Subchapter 21 / Section 20-77-2104
Medicaid eligibility verification
Status: in_force

(a) Except when prohibited by federal law, the Department of Human Services shall adopt the following procedures to verify Medicaid eligibility for participation in the Arkansas Medicaid Program or receipt of benefits in the Arkansas Medicaid Program: (1) All conditions of eligibility for Medicaid assistance shall be verified before authorization of Medicaid assistance and during a reevaluation of a recipient's eligibility; and (2) (A) Except when prohibited by federal law, a condition of eligibility for assistance is that an applicant or recipient consents to the disclosure of information about the age, residence, citizenship, employment, applications for employment, income, and resources of the applicant or recipient that are in the possession of third parties. (B) The consent described in subdivision (a)(2)(A) of this section shall be effective to empower any third party to release information requested by the Department of Human Services. (b) (1) The Department of Human Services shall enter into a data matching agreement with the Office of the Arkansas Lottery and the Arkansas Racing Commission to identify individuals with substantial winnings. (2) On at least a quarterly basis, the Department of Human Services shall review this information and act on any changes that may affect eligibility consistent with 42 U.S.C. § 1396 , as existing on January 1, 2021. (c) The Department of Human Services shall review information: (1) From the Department of Health concerning individuals enrolled in Medicaid assistance that indicates a change in circumstances, including without limitation death certificates, that may affect eligibility, on at least a monthly basis; (2) From the Division of Workforce Services and the Department of Finance and Administration concerning individuals enrolled in assistance that indicates a change in circumstances that may affect eligibility, including without limitation a change in employment or wages, on at least a quarterly basis; (3) Concerning individuals enrolled in assistance that indicates a change in circumstances that may affect eligibility, including without limitation potential changes in residency as identified by out-of-state electronic benefit transfer transactions, on at least a monthly basis; and (4) From the Department of Corrections and the Division of Correction concerning individuals enrolled in Medicaid assistance that indicates a change in circumstances that may affect eligibility. (d) Annually, the Department of Human Services shall make available to the public on its website data, including without limitation information regarding noncompliance and fraud investigations in assistance for the following aggregate and nonconfidential and nonpersonally identifying information: (1) The number of assistance cases investigated for intentional Arkansas Medicaid Program violations or fraud; (2) The total number of assistance cases referred for prosecution; (3) Improper payments and expenditures; (4) Monies recovered; and (5) Aggregate data concerning improper payments and ineligible recipients as a percentage of those investigated and reviewed. (e) If the Department of Human Services receives information concerning an individual enrolled in Medicaid assistance that indicates a change in circumstances that may affect eligibility, the Department of Human Services shall review the individual's or household's case. (f) The Department of Human Services may execute a memorandum of understanding with any other state department, agency, or division for information required to be shared between agencies under this section. Added by Act 2021, No. 780,§ 4, eff. 7/28/2021.

(a) Except when prohibited by federal law, the Department of Human Services shall adopt the following procedures to verify Medicaid eligibility for participation in the Arkansas Medicaid Program or receipt of benefits in the Arkansas Medicaid Program: (1) All conditions of eligibility for Medicaid assistance shall be verified before authorization of Medicaid assistance and during a reevaluation of a recipient's eligibility; and (2) (A) Except when prohibited by federal law, a condition of eligibility for assistance is that an applicant or recipient consents to the disclosure of information about the age, residence, citizenship, employment, applications for employment, income, and resources of the applicant or recipient that are in the possession of third parties. (B) The consent described in subdivision (a)(2)(A) of this section shall be effective to empower any third party to release information requested by the Department of Human Services.

(1) All conditions of eligibility for Medicaid assistance shall be verified before authorization of Medicaid assistance and during a reevaluation of a recipient's eligibility; and

(2) (A) Except when prohibited by federal law, a condition of eligibility for assistance is that an applicant or recipient consents to the disclosure of information about the age, residence, citizenship, employment, applications for employment, income, and resources of the applicant or recipient that are in the possession of third parties. (B) The consent described in subdivision (a)(2)(A) of this section shall be effective to empower any third party to release information requested by the Department of Human Services.

(A) Except when prohibited by federal law, a condition of eligibility for assistance is that an applicant or recipient consents to the disclosure of information about the age, residence, citizenship, employment, applications for employment, income, and resources of the applicant or recipient that are in the possession of third parties.

(B) The consent described in subdivision (a)(2)(A) of this section shall be effective to empower any third party to release information requested by the Department of Human Services.

(b) (1) The Department of Human Services shall enter into a data matching agreement with the Office of the Arkansas Lottery and the Arkansas Racing Commission to identify individuals with substantial winnings. (2) On at least a quarterly basis, the Department of Human Services shall review this information and act on any changes that may affect eligibility consistent with 42 U.S.C. § 1396 , as existing on January 1, 2021.

(1) The Department of Human Services shall enter into a data matching agreement with the Office of the Arkansas Lottery and the Arkansas Racing Commission to identify individuals with substantial winnings.

(2) On at least a quarterly basis, the Department of Human Services shall review this information and act on any changes that may affect eligibility consistent with 42 U.S.C. § 1396 , as existing on January 1, 2021.

(c) The Department of Human Services shall review information: (1) From the Department of Health concerning individuals enrolled in Medicaid assistance that indicates a change in circumstances, including without limitation death certificates, that may affect eligibility, on at least a monthly basis; (2) From the Division of Workforce Services and the Department of Finance and Administration concerning individuals enrolled in assistance that indicates a change in circumstances that may affect eligibility, including without limitation a change in employment or wages, on at least a quarterly basis; (3) Concerning individuals enrolled in assistance that indicates a change in circumstances that may affect eligibility, including without limitation potential changes in residency as identified by out-of-state electronic benefit transfer transactions, on at least a monthly basis; and (4) From the Department of Corrections and the Division of Correction concerning individuals enrolled in Medicaid assistance that indicates a change in circumstances that may affect eligibility.

(1) From the Department of Health concerning individuals enrolled in Medicaid assistance that indicates a change in circumstances, including without limitation death certificates, that may affect eligibility, on at least a monthly basis;

(2) From the Division of Workforce Services and the Department of Finance and Administration concerning individuals enrolled in assistance that indicates a change in circumstances that may affect eligibility, including without limitation a change in employment or wages, on at least a quarterly basis;

(3) Concerning individuals enrolled in assistance that indicates a change in circumstances that may affect eligibility, including without limitation potential changes in residency as identified by out-of-state electronic benefit transfer transactions, on at least a monthly basis; and

(4) From the Department of Corrections and the Division of Correction concerning individuals enrolled in Medicaid assistance that indicates a change in circumstances that may affect eligibility.

(d) Annually, the Department of Human Services shall make available to the public on its website data, including without limitation information regarding noncompliance and fraud investigations in assistance for the following aggregate and nonconfidential and nonpersonally identifying information: (1) The number of assistance cases investigated for intentional Arkansas Medicaid Program violations or fraud; (2) The total number of assistance cases referred for prosecution; (3) Improper payments and expenditures; (4) Monies recovered; and (5) Aggregate data concerning improper payments and ineligible recipients as a percentage of those investigated and reviewed.

(1) The number of assistance cases investigated for intentional Arkansas Medicaid Program violations or fraud;

(2) The total number of assistance cases referred for prosecution;

(3) Improper payments and expenditures;

(4) Monies recovered; and

(5) Aggregate data concerning improper payments and ineligible recipients as a percentage of those investigated and reviewed.

(e) If the Department of Human Services receives information concerning an individual enrolled in Medicaid assistance that indicates a change in circumstances that may affect eligibility, the Department of Human Services shall review the individual's or household's case.

(f) The Department of Human Services may execute a memorandum of understanding with any other state department, agency, or division for information required to be shared between agencies under this section.

Added by Act 2021, No. 780,§ 4, eff. 7/28/2021.
Ark. Code Ann. § 20-77-1907 — AR Code / Title 20 / Chapter 77 / Subchapter 19 / Section 20-77-1907
Notice of assessment
Status: in_force

(a) (1) The Division of Medical Services of the Department of Human Services shall send a notice of assessment to each hospital informing the hospital of the assessment rate, the hospital's net patient revenue calculation, and the estimated assessment amount owed by the hospital for the applicable fiscal year. (2) Except as set forth in subdivision (a)(3) of this section, annual notices of assessment shall be sent at least forty-five (45) days before the due date for the first quarterly assessment payment of each fiscal year. (3) The first notice of assessment shall be sent within forty-five (45) days after receipt by the division of notification from the Centers for Medicare & Medicaid Services that the payments required under § 20-77-1908 and, if necessary, the waiver granted under 42 C.F.R. § 433.68 have been approved. (b) The hospital shall have thirty (30) days from the date of its receipt of a notice of assessment to review and verify the assessment rate, the hospital's net patient revenue calculation, and the estimated assessment amount. (c) (1) If a hospital provider operates, conducts, or maintains more than one (1) hospital in the state, the hospital provider shall pay the assessment for each hospital separately. (2) However, if the hospital provider operates more than one (1) hospital under one (1) Medicaid provider number, the hospital provider may pay the assessment for the hospitals in the aggregate. (d) (1) For a hospital subject to the assessment imposed under § 20-77-1902 that ceases to conduct hospital operations or maintain its state license or did not conduct hospital operations throughout a state fiscal year, the assessment for the state fiscal year in which the cessation occurs shall be adjusted by multiplying the annual assessment computed under § 20-77-1902 by a fraction, the numerator of which is the number of days during the year that the hospital operated and the denominator of which is three hundred sixty-five (365). (2) (A) Immediately upon ceasing to operate, the hospital shall pay the adjusted assessment for that state fiscal year to the extent not previously paid. (B) The hospital also shall receive payments under § 20-77-1908 for the state fiscal year in which the cessation occurs, which shall be adjusted by the same fraction as its annual assessment. (e) A hospital subject to an assessment under this subchapter that has not been previously licensed as a hospital in Arkansas and that commences hospital operations during a state fiscal year shall pay the required assessment computed under § 20-77-1902 and shall be eligible for hospital access payments under § 20-77-1908 on the date specified in rules promulgated by the division under the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (f) A hospital that is exempted from payment of the assessment under § 20-77-1905 at the beginning of a state fiscal year but during the state fiscal year experiences a change in status so that it becomes subject to the assessment shall pay the required assessment computed under § 20-77-1902 and shall be eligible for hospital access payments under § 20-77-1908 on the date specified in rules promulgated by the division under the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (g) A hospital that is subject to payment of the assessment computed under § 20-77-1902 at the beginning of a state fiscal year but during the state fiscal year experiences a change in status so that it becomes exempted from payment under § 20-77-1905 shall be relieved of its obligation to pay the hospital assessment and shall become ineligible for hospital access payments under § 20-77-1908 on the date specified in rules promulgated by the division under the Arkansas Administrative Procedure Act, § 25-15-201 et seq. Acts 2009, No. 562, § 1.

(a) (1) The Division of Medical Services of the Department of Human Services shall send a notice of assessment to each hospital informing the hospital of the assessment rate, the hospital's net patient revenue calculation, and the estimated assessment amount owed by the hospital for the applicable fiscal year. (2) Except as set forth in subdivision (a)(3) of this section, annual notices of assessment shall be sent at least forty-five (45) days before the due date for the first quarterly assessment payment of each fiscal year. (3) The first notice of assessment shall be sent within forty-five (45) days after receipt by the division of notification from the Centers for Medicare & Medicaid Services that the payments required under § 20-77-1908 and, if necessary, the waiver granted under 42 C.F.R. § 433.68 have been approved.

(1) The Division of Medical Services of the Department of Human Services shall send a notice of assessment to each hospital informing the hospital of the assessment rate, the hospital's net patient revenue calculation, and the estimated assessment amount owed by the hospital for the applicable fiscal year.

(2) Except as set forth in subdivision (a)(3) of this section, annual notices of assessment shall be sent at least forty-five (45) days before the due date for the first quarterly assessment payment of each fiscal year.

(3) The first notice of assessment shall be sent within forty-five (45) days after receipt by the division of notification from the Centers for Medicare & Medicaid Services that the payments required under § 20-77-1908 and, if necessary, the waiver granted under 42 C.F.R. § 433.68 have been approved.

(b) The hospital shall have thirty (30) days from the date of its receipt of a notice of assessment to review and verify the assessment rate, the hospital's net patient revenue calculation, and the estimated assessment amount.

(c) (1) If a hospital provider operates, conducts, or maintains more than one (1) hospital in the state, the hospital provider shall pay the assessment for each hospital separately. (2) However, if the hospital provider operates more than one (1) hospital under one (1) Medicaid provider number, the hospital provider may pay the assessment for the hospitals in the aggregate.

(1) If a hospital provider operates, conducts, or maintains more than one (1) hospital in the state, the hospital provider shall pay the assessment for each hospital separately.

(2) However, if the hospital provider operates more than one (1) hospital under one (1) Medicaid provider number, the hospital provider may pay the assessment for the hospitals in the aggregate.

(d) (1) For a hospital subject to the assessment imposed under § 20-77-1902 that ceases to conduct hospital operations or maintain its state license or did not conduct hospital operations throughout a state fiscal year, the assessment for the state fiscal year in which the cessation occurs shall be adjusted by multiplying the annual assessment computed under § 20-77-1902 by a fraction, the numerator of which is the number of days during the year that the hospital operated and the denominator of which is three hundred sixty-five (365). (2) (A) Immediately upon ceasing to operate, the hospital shall pay the adjusted assessment for that state fiscal year to the extent not previously paid. (B) The hospital also shall receive payments under § 20-77-1908 for the state fiscal year in which the cessation occurs, which shall be adjusted by the same fraction as its annual assessment.

(1) For a hospital subject to the assessment imposed under § 20-77-1902 that ceases to conduct hospital operations or maintain its state license or did not conduct hospital operations throughout a state fiscal year, the assessment for the state fiscal year in which the cessation occurs shall be adjusted by multiplying the annual assessment computed under § 20-77-1902 by a fraction, the numerator of which is the number of days during the year that the hospital operated and the denominator of which is three hundred sixty-five (365).

(2) (A) Immediately upon ceasing to operate, the hospital shall pay the adjusted assessment for that state fiscal year to the extent not previously paid. (B) The hospital also shall receive payments under § 20-77-1908 for the state fiscal year in which the cessation occurs, which shall be adjusted by the same fraction as its annual assessment.

(A) Immediately upon ceasing to operate, the hospital shall pay the adjusted assessment for that state fiscal year to the extent not previously paid.

(B) The hospital also shall receive payments under § 20-77-1908 for the state fiscal year in which the cessation occurs, which shall be adjusted by the same fraction as its annual assessment.

(e) A hospital subject to an assessment under this subchapter that has not been previously licensed as a hospital in Arkansas and that commences hospital operations during a state fiscal year shall pay the required assessment computed under § 20-77-1902 and shall be eligible for hospital access payments under § 20-77-1908 on the date specified in rules promulgated by the division under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(f) A hospital that is exempted from payment of the assessment under § 20-77-1905 at the beginning of a state fiscal year but during the state fiscal year experiences a change in status so that it becomes subject to the assessment shall pay the required assessment computed under § 20-77-1902 and shall be eligible for hospital access payments under § 20-77-1908 on the date specified in rules promulgated by the division under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(g) A hospital that is subject to payment of the assessment computed under § 20-77-1902 at the beginning of a state fiscal year but during the state fiscal year experiences a change in status so that it becomes exempted from payment under § 20-77-1905 shall be relieved of its obligation to pay the hospital assessment and shall become ineligible for hospital access payments under § 20-77-1908 on the date specified in rules promulgated by the division under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

Acts 2009, No. 562, § 1.
Ark. Code Ann. § 20-77-130 — AR Code / Title 20 / Chapter 77 / Subchapter 1 / Section 20-77-130
Medicaid provider tax returns - Definition
Status: in_force

(a) As used in this section, "affected Medicaid entity" means an individual or entity that: (1) Provides and is directly reimbursed by Medicaid for services in the Arkansas Medicaid Program; (2) Is required to submit an annual financial audit to the Department of Human Services; and (3) Is required to file a state income tax return, state withholding tax return, pass-through entity withholding tax return, or a composite pass-through entity tax return or pay any tax due for the previous calendar year. (b) (1) On or before December 1 of each year, the Department of Human Services shall provide the Department of Finance and Administration with a list of the tax identification number of each person and entity enrolled to furnish Medicaid services as an affected Medicaid entity. (2) The Department of Finance and Administration shall: (A) Verify whether each person and entity enrolled to furnish Medicaid services identified to it under subdivision (b)(1) of this section filed and paid any state income tax liability owed for the tax year for which the return was due; and (B) Notify the Department of Human Services if any affected Medicaid entity failed to file any state income tax return, state withholding tax return, pass-through entity withholding tax return, or a composite pass-through entity tax return or pay any tax due for the previous calendar year. (3) Upon receiving notice from the Department of Finance and Administration under subdivision (b)(2) of this section, the Department of Human Services shall notify the affected Medicaid entity that the Department of Human Services will terminate the affected Medicaid entity's enrollment in the Arkansas Medicaid Program unless the affected Medicaid entity shows good cause why the affected Medicaid entity's Medicaid enrollment should continue. (c) The Department of Human Services and the Department of Finance and Administration may adopt rules as needed to implement this section. Added by Act 2013, No. 1436,§ 1, eff. 8/16/2013.

(a) As used in this section, "affected Medicaid entity" means an individual or entity that: (1) Provides and is directly reimbursed by Medicaid for services in the Arkansas Medicaid Program; (2) Is required to submit an annual financial audit to the Department of Human Services; and (3) Is required to file a state income tax return, state withholding tax return, pass-through entity withholding tax return, or a composite pass-through entity tax return or pay any tax due for the previous calendar year.

(1) Provides and is directly reimbursed by Medicaid for services in the Arkansas Medicaid Program;

(2) Is required to submit an annual financial audit to the Department of Human Services; and

(3) Is required to file a state income tax return, state withholding tax return, pass-through entity withholding tax return, or a composite pass-through entity tax return or pay any tax due for the previous calendar year.

(b) (1) On or before December 1 of each year, the Department of Human Services shall provide the Department of Finance and Administration with a list of the tax identification number of each person and entity enrolled to furnish Medicaid services as an affected Medicaid entity. (2) The Department of Finance and Administration shall: (A) Verify whether each person and entity enrolled to furnish Medicaid services identified to it under subdivision (b)(1) of this section filed and paid any state income tax liability owed for the tax year for which the return was due; and (B) Notify the Department of Human Services if any affected Medicaid entity failed to file any state income tax return, state withholding tax return, pass-through entity withholding tax return, or a composite pass-through entity tax return or pay any tax due for the previous calendar year. (3) Upon receiving notice from the Department of Finance and Administration under subdivision (b)(2) of this section, the Department of Human Services shall notify the affected Medicaid entity that the Department of Human Services will terminate the affected Medicaid entity's enrollment in the Arkansas Medicaid Program unless the affected Medicaid entity shows good cause why the affected Medicaid entity's Medicaid enrollment should continue.

(1) On or before December 1 of each year, the Department of Human Services shall provide the Department of Finance and Administration with a list of the tax identification number of each person and entity enrolled to furnish Medicaid services as an affected Medicaid entity.

(2) The Department of Finance and Administration shall: (A) Verify whether each person and entity enrolled to furnish Medicaid services identified to it under subdivision (b)(1) of this section filed and paid any state income tax liability owed for the tax year for which the return was due; and (B) Notify the Department of Human Services if any affected Medicaid entity failed to file any state income tax return, state withholding tax return, pass-through entity withholding tax return, or a composite pass-through entity tax return or pay any tax due for the previous calendar year.

(A) Verify whether each person and entity enrolled to furnish Medicaid services identified to it under subdivision (b)(1) of this section filed and paid any state income tax liability owed for the tax year for which the return was due; and

(B) Notify the Department of Human Services if any affected Medicaid entity failed to file any state income tax return, state withholding tax return, pass-through entity withholding tax return, or a composite pass-through entity tax return or pay any tax due for the previous calendar year.

(3) Upon receiving notice from the Department of Finance and Administration under subdivision (b)(2) of this section, the Department of Human Services shall notify the affected Medicaid entity that the Department of Human Services will terminate the affected Medicaid entity's enrollment in the Arkansas Medicaid Program unless the affected Medicaid entity shows good cause why the affected Medicaid entity's Medicaid enrollment should continue.

(c) The Department of Human Services and the Department of Finance and Administration may adopt rules as needed to implement this section.

Added by Act 2013, No. 1436,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 20-27-1702 — AR Code / Title 20 / Chapter 27 / Subchapter 17 / Section 20-27-1702
Definitions
Status: in_force

As used in this subchapter: (1) "Child" means a person under eighteen (18) years of age; and (2) "Unexpected death" means: (A) A death involving a child who has not been in the care of a licensed physician for treatment of an illness that is the cause of death; (B) A clinical diagnosis of death due to Sudden Infant Death Syndrome; or (C) A death due to an unknown cause. Acts 2005, No. 1818, § 1.

As used in this subchapter:

(1) "Child" means a person under eighteen (18) years of age; and

(2) "Unexpected death" means: (A) A death involving a child who has not been in the care of a licensed physician for treatment of an illness that is the cause of death; (B) A clinical diagnosis of death due to Sudden Infant Death Syndrome; or (C) A death due to an unknown cause.

(A) A death involving a child who has not been in the care of a licensed physician for treatment of an illness that is the cause of death;

(B) A clinical diagnosis of death due to Sudden Infant Death Syndrome; or

(C) A death due to an unknown cause.

Acts 2005, No. 1818, § 1.
Ark. Code Ann. § 20-12-503 — AR Code / Title 20 / Chapter 12 / Subchapter 5 / Section 20-12-503
Eligibility
Status: in_force

(a) (1) Any person licensed to practice medicine in this state who subsequent to July 1, 1999, establishes a full-time practice of family medicine in a community in Arkansas having a population of not more than fifteen thousand (15,000) persons as set forth in § 20-12-501 , when that community is identified by the Department of Health as medically underserved shall be eligible to make application for a grant under this subchapter in an amount described under § 20-12-501 . (2) Grants shall be awarded on the basis of available funds, with priority given to rural communities having the greatest need. (3) Grant recipients shall enter into a contract to serve a proportionate number of Medicaid patients for the community, agree to work within the existing healthcare system, and practice a minimum of thirty-two (32) hours a week. (b) (1) The department shall enter into a grant agreement with the recipient of a Rural Physician Incentive Grant. (2) Each applicant to whom a grant is awarded shall execute a written grant agreement which shall incorporate the following obligations and conditions: (A) The recipient of a grant shall commit to provide four (4) continuous years of primary care services in accordance with § 20-12-501 ; (B) (i) If any grant recipient under this subchapter does not engage in the practice of primary care services in accordance with the terms of this section, the recipient shall be obligated to repay the grant received together with interest thereon at the maximum rate allowed by Arkansas law or the federal discount rate plus five percent (5%) per year, whichever is less, the interest to accrue from the date each payment of funds was received by the recipient. (ii) No interest shall accrue nor obligation to repay the principal sums accrued during any one (1) period of time that the recipient involuntarily serves on active duty in the United States Armed Forces; and (C) Repayment of principal with interest shall be due and payable in full at the earliest to occur of the following events: (i) Failure to remain in the originating rural community for four (4) continuous years for any reason other than temporary personal illness; and (ii) Failure to practice primary care on a regularly sustained basis as defined in § 20-12-501(a) . (c) Persons accepted into and participating in the Rural Physician Incentive Grant Program before July 1, 1999, will be eligible to complete the program under the payment system established when they entered the program. Acts 1991, No. 360, § 2; 1993, No. 763, § 2; 1995, No. 1089, § 3; 1999, No. 589, § 3.

(a) (1) Any person licensed to practice medicine in this state who subsequent to July 1, 1999, establishes a full-time practice of family medicine in a community in Arkansas having a population of not more than fifteen thousand (15,000) persons as set forth in § 20-12-501 , when that community is identified by the Department of Health as medically underserved shall be eligible to make application for a grant under this subchapter in an amount described under § 20-12-501 . (2) Grants shall be awarded on the basis of available funds, with priority given to rural communities having the greatest need. (3) Grant recipients shall enter into a contract to serve a proportionate number of Medicaid patients for the community, agree to work within the existing healthcare system, and practice a minimum of thirty-two (32) hours a week.

(1) Any person licensed to practice medicine in this state who subsequent to July 1, 1999, establishes a full-time practice of family medicine in a community in Arkansas having a population of not more than fifteen thousand (15,000) persons as set forth in § 20-12-501 , when that community is identified by the Department of Health as medically underserved shall be eligible to make application for a grant under this subchapter in an amount described under § 20-12-501 .

(2) Grants shall be awarded on the basis of available funds, with priority given to rural communities having the greatest need.

(3) Grant recipients shall enter into a contract to serve a proportionate number of Medicaid patients for the community, agree to work within the existing healthcare system, and practice a minimum of thirty-two (32) hours a week.

(b) (1) The department shall enter into a grant agreement with the recipient of a Rural Physician Incentive Grant. (2) Each applicant to whom a grant is awarded shall execute a written grant agreement which shall incorporate the following obligations and conditions: (A) The recipient of a grant shall commit to provide four (4) continuous years of primary care services in accordance with § 20-12-501 ; (B) (i) If any grant recipient under this subchapter does not engage in the practice of primary care services in accordance with the terms of this section, the recipient shall be obligated to repay the grant received together with interest thereon at the maximum rate allowed by Arkansas law or the federal discount rate plus five percent (5%) per year, whichever is less, the interest to accrue from the date each payment of funds was received by the recipient. (ii) No interest shall accrue nor obligation to repay the principal sums accrued during any one (1) period of time that the recipient involuntarily serves on active duty in the United States Armed Forces; and (C) Repayment of principal with interest shall be due and payable in full at the earliest to occur of the following events: (i) Failure to remain in the originating rural community for four (4) continuous years for any reason other than temporary personal illness; and (ii) Failure to practice primary care on a regularly sustained basis as defined in § 20-12-501(a) .

(1) The department shall enter into a grant agreement with the recipient of a Rural Physician Incentive Grant.

(2) Each applicant to whom a grant is awarded shall execute a written grant agreement which shall incorporate the following obligations and conditions: (A) The recipient of a grant shall commit to provide four (4) continuous years of primary care services in accordance with § 20-12-501 ; (B) (i) If any grant recipient under this subchapter does not engage in the practice of primary care services in accordance with the terms of this section, the recipient shall be obligated to repay the grant received together with interest thereon at the maximum rate allowed by Arkansas law or the federal discount rate plus five percent (5%) per year, whichever is less, the interest to accrue from the date each payment of funds was received by the recipient. (ii) No interest shall accrue nor obligation to repay the principal sums accrued during any one (1) period of time that the recipient involuntarily serves on active duty in the United States Armed Forces; and (C) Repayment of principal with interest shall be due and payable in full at the earliest to occur of the following events: (i) Failure to remain in the originating rural community for four (4) continuous years for any reason other than temporary personal illness; and (ii) Failure to practice primary care on a regularly sustained basis as defined in § 20-12-501(a) .

(A) The recipient of a grant shall commit to provide four (4) continuous years of primary care services in accordance with § 20-12-501 ;

(B) (i) If any grant recipient under this subchapter does not engage in the practice of primary care services in accordance with the terms of this section, the recipient shall be obligated to repay the grant received together with interest thereon at the maximum rate allowed by Arkansas law or the federal discount rate plus five percent (5%) per year, whichever is less, the interest to accrue from the date each payment of funds was received by the recipient. (ii) No interest shall accrue nor obligation to repay the principal sums accrued during any one (1) period of time that the recipient involuntarily serves on active duty in the United States Armed Forces; and

(i) If any grant recipient under this subchapter does not engage in the practice of primary care services in accordance with the terms of this section, the recipient shall be obligated to repay the grant received together with interest thereon at the maximum rate allowed by Arkansas law or the federal discount rate plus five percent (5%) per year, whichever is less, the interest to accrue from the date each payment of funds was received by the recipient.

(ii) No interest shall accrue nor obligation to repay the principal sums accrued during any one (1) period of time that the recipient involuntarily serves on active duty in the United States Armed Forces; and

(C) Repayment of principal with interest shall be due and payable in full at the earliest to occur of the following events: (i) Failure to remain in the originating rural community for four (4) continuous years for any reason other than temporary personal illness; and (ii) Failure to practice primary care on a regularly sustained basis as defined in § 20-12-501(a) .

(i) Failure to remain in the originating rural community for four (4) continuous years for any reason other than temporary personal illness; and

(ii) Failure to practice primary care on a regularly sustained basis as defined in § 20-12-501(a) .

(c) Persons accepted into and participating in the Rural Physician Incentive Grant Program before July 1, 1999, will be eligible to complete the program under the payment system established when they entered the program.

Acts 1991, No. 360, § 2; 1993, No. 763, § 2; 1995, No. 1089, § 3; 1999, No. 589, § 3.
Ark. Code Ann. § 20-16-1709 — AR Code / Title 20 / Chapter 16 / Subchapter 17 / Section 20-16-1709
Criminal penalty
Status: in_force

A person who intentionally, knowingly, or recklessly violates this subchapter commits a Class A misdemeanor. Added by Act 2015, No. 1086,§ 2, eff. 7/22/2015.

A person who intentionally, knowingly, or recklessly violates this subchapter commits a Class A misdemeanor.

Added by Act 2015, No. 1086,§ 2, eff. 7/22/2015.
Ark. Code Ann. § 20-14-804 — AR Code / Title 20 / Chapter 14 / Subchapter 8 / Section 20-14-804
Advisory Board for Interpreters between Hearing Individuals and Individuals who are Deaf, Deafblind, Hard of Hearing, or Oral Deaf - Creation - Membership
Status: in_force

(a) The Advisory Board for Interpreters between Hearing Individuals and Individuals who are Deaf, Deafblind, Hard of Hearing, or Oral Deaf is created within the Department of Health. (b) The board shall consist of seven (7) members appointed by the Secretary of the Department of Health as follows: (1) Four (4) licensed qualified interpreters appointed from a list of eight (8) submitted by the Arkansas Registry of Interpreters for the Deaf, Inc. in conjunction with the Arkansas Association for the Deaf; (2) Two (2) members appointed from a list of four (4) submitted by the Arkansas Association for the Deaf in conjunction with the Arkansas Registry of Interpreters for the Deaf, Inc. who are deaf persons, hard of hearing persons, or oral deaf persons not licensed under this subchapter; and (3) One (1) member appointed from a list of two (2) submitted by the Arkansas Association for the Deaf in conjunction with the Arkansas Registry of Interpreters for the Deaf, Inc. who are neither individuals who are deaf, deafblind, hard of hearing, or oral deaf and who are not licensed under this subchapter. (c) (1) Each member shall serve a term of three (3) years. (2) A member shall not serve more than two (2) consecutive terms. (d) Four (4) members of the board constitute a quorum for the transaction of business of the board. (e) If a vacancy occurs on the board, the secretary shall appoint to complete the term vacated a person who possesses the same qualifications as those required for the position to which he or she is appointed. Amended by Act 2019, No. 910,§ 4994, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4993, eff. 7/1/2019. Added by Act 2013, No. 1314,§ 2, eff. 11/1/2013.

(a) The Advisory Board for Interpreters between Hearing Individuals and Individuals who are Deaf, Deafblind, Hard of Hearing, or Oral Deaf is created within the Department of Health.

(b) The board shall consist of seven (7) members appointed by the Secretary of the Department of Health as follows: (1) Four (4) licensed qualified interpreters appointed from a list of eight (8) submitted by the Arkansas Registry of Interpreters for the Deaf, Inc. in conjunction with the Arkansas Association for the Deaf; (2) Two (2) members appointed from a list of four (4) submitted by the Arkansas Association for the Deaf in conjunction with the Arkansas Registry of Interpreters for the Deaf, Inc. who are deaf persons, hard of hearing persons, or oral deaf persons not licensed under this subchapter; and (3) One (1) member appointed from a list of two (2) submitted by the Arkansas Association for the Deaf in conjunction with the Arkansas Registry of Interpreters for the Deaf, Inc. who are neither individuals who are deaf, deafblind, hard of hearing, or oral deaf and who are not licensed under this subchapter.

(1) Four (4) licensed qualified interpreters appointed from a list of eight (8) submitted by the Arkansas Registry of Interpreters for the Deaf, Inc. in conjunction with the Arkansas Association for the Deaf;

(2) Two (2) members appointed from a list of four (4) submitted by the Arkansas Association for the Deaf in conjunction with the Arkansas Registry of Interpreters for the Deaf, Inc. who are deaf persons, hard of hearing persons, or oral deaf persons not licensed under this subchapter; and

(3) One (1) member appointed from a list of two (2) submitted by the Arkansas Association for the Deaf in conjunction with the Arkansas Registry of Interpreters for the Deaf, Inc. who are neither individuals who are deaf, deafblind, hard of hearing, or oral deaf and who are not licensed under this subchapter.

(c) (1) Each member shall serve a term of three (3) years. (2) A member shall not serve more than two (2) consecutive terms.

(1) Each member shall serve a term of three (3) years.

(2) A member shall not serve more than two (2) consecutive terms.

(d) Four (4) members of the board constitute a quorum for the transaction of business of the board.

(e) If a vacancy occurs on the board, the secretary shall appoint to complete the term vacated a person who possesses the same qualifications as those required for the position to which he or she is appointed.

Amended by Act 2019, No. 910,§ 4994, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4993, eff. 7/1/2019.

Added by Act 2013, No. 1314,§ 2, eff. 11/1/2013.
Ark. Code Ann. § 20-22-1003 — AR Code / Title 20 / Chapter 22 / Subchapter 10 / Section 20-22-1003
Definitions
Status: in_force

As used in this subchapter: (1) "Adjunct services" refers to those activities related to or performed by a fire services agency, such as hazardous and toxic materials response and recovery, search and rescue, and such other functions as may be assigned to or reasonably expected of a local fire services agency; (2) "Fire mitigation" means, but is not limited to, those activities designed to lessen the impact of fire upon structures, persons, or the natural environment; (3) "Fire prevention" means, but is not limited to, those actions taken directly or indirectly by an entity of state, county, or municipal government to prevent the occurrence of fire, whether the result of accident or through arson; (4) "Fire services" means those functions of firefighting, fire prevention, fire mitigation, fire training, and fire administration performed by rural or municipal, volunteer or paid professional firefighters and fire departments created in accordance with the laws of the State of Arkansas; (5) "Fire training" refers to those teaching, educational, or training activities conducted to improve the ability of an individual or a fire department to contain, suppress, or otherwise reduce the danger incurred from fire and includes not only technical training on the use of equipment and resources for fire suppression but also those administrative, training, fiscal, and other programs designed to enhance an individual's or a fire department's ability to perform his or her or its assigned duties; and (6) "Local government" means a county, city of the first class, city of the second class, or an incorporated town, a fire protection district, a subordinate services district of a county, an improvement district organized to provide fire services, or any other fire department created in accordance with the laws of the State of Arkansas. Acts 1993, No. 1303, § 3.

As used in this subchapter:

(1) "Adjunct services" refers to those activities related to or performed by a fire services agency, such as hazardous and toxic materials response and recovery, search and rescue, and such other functions as may be assigned to or reasonably expected of a local fire services agency;

(2) "Fire mitigation" means, but is not limited to, those activities designed to lessen the impact of fire upon structures, persons, or the natural environment;

(3) "Fire prevention" means, but is not limited to, those actions taken directly or indirectly by an entity of state, county, or municipal government to prevent the occurrence of fire, whether the result of accident or through arson;

(4) "Fire services" means those functions of firefighting, fire prevention, fire mitigation, fire training, and fire administration performed by rural or municipal, volunteer or paid professional firefighters and fire departments created in accordance with the laws of the State of Arkansas;

(5) "Fire training" refers to those teaching, educational, or training activities conducted to improve the ability of an individual or a fire department to contain, suppress, or otherwise reduce the danger incurred from fire and includes not only technical training on the use of equipment and resources for fire suppression but also those administrative, training, fiscal, and other programs designed to enhance an individual's or a fire department's ability to perform his or her or its assigned duties; and

(6) "Local government" means a county, city of the first class, city of the second class, or an incorporated town, a fire protection district, a subordinate services district of a county, an improvement district organized to provide fire services, or any other fire department created in accordance with the laws of the State of Arkansas.

Acts 1993, No. 1303, § 3.
Ark. Code Ann. § 20-59-504 — AR Code / Title 20 / Chapter 59 / Subchapter 5 / Section 20-59-504
[Repealed]
Status: repealed

Repealed by Act 2019, No. 1091,§ 8, eff. 7/24/2019. Acts 1981, No. 506, §§ 11-14, 16, 17; A.S.A. 1947, §§ 82-4026 -- 82-4029, 82-4031, 82-4032.

Repealed by Act 2019, No. 1091,§ 8, eff. 7/24/2019.

Acts 1981, No. 506, §§ 11-14, 16, 17; A.S.A. 1947, §§ 82-4026 -- 82-4029, 82-4031, 82-4032.
Ark. Code Ann. § 20-27-205 — AR Code / Title 20 / Chapter 27 / Subchapter 2 / Section 20-27-205
Label required
Status: in_force

No person shall sell, offer for sale, deliver, consign for sale, or have in his or her possession with intent to sell, offer for sale, deliver, or consign for sale any article of bedding unless the bedding is labeled as follows: (1) (A) Upon each of the articles of bedding, there shall be securely sewed upon the outside thereof a label upon which shall be legibly written or printed, in the English language, the names of the materials used as the filling of the article of bedding. (B) If all the material used as the filling of the article of bedding shall not have been previously used, the words "manufactured of new material" shall appear upon the label together with the name and address of the maker of the bedding. (C) If any of the material used in the making or remaking of the article of bedding shall have been previously used, the words "manufactured of previously used material" or "remade of previously used materials", as the case may be, shall appear upon the label, together with the name and address of the maker thereof and also a description of the material used in the filling of the article of bedding. (D) Any article of bedding not remade but which has been used shall be labeled "second-hand"; (2) The label required by this section shall be muslin or linen and not less than two inches by three inches (2" x 3") in size; (3) The statement required under this section shall be in the form as follows: Click here to view form. (4) The words "manufactured of new material" or "remade of previously used material", "second-hand", or "materials used in filling not known", together with the description of the material used as the filling of an article of bedding shall be in letters not less than one-eighth inch (1/8") in height; (5) The sewing of one (1) edge of the label securely into an outside seam of any article of bedding shall be deemed a compliance with that portion of the subchapter requiring that the label be securely sewed upon the article. This label shall contain all the statements required by this subchapter and shall be securely sewed to the ticking or cover of every article of bedding to be manufactured before the filling material has been placed inside the ticking or cover; and (6) No term or description likely to mislead shall be used on any label required by this subchapter in the description of the materials used in the filling of any article of bedding. Acts 1927, No. 249, § 5; Pope's Dig., § 6459; A.S.A. 1947, § 82-720.

No person shall sell, offer for sale, deliver, consign for sale, or have in his or her possession with intent to sell, offer for sale, deliver, or consign for sale any article of bedding unless the bedding is labeled as follows:

(1) (A) Upon each of the articles of bedding, there shall be securely sewed upon the outside thereof a label upon which shall be legibly written or printed, in the English language, the names of the materials used as the filling of the article of bedding. (B) If all the material used as the filling of the article of bedding shall not have been previously used, the words "manufactured of new material" shall appear upon the label together with the name and address of the maker of the bedding. (C) If any of the material used in the making or remaking of the article of bedding shall have been previously used, the words "manufactured of previously used material" or "remade of previously used materials", as the case may be, shall appear upon the label, together with the name and address of the maker thereof and also a description of the material used in the filling of the article of bedding. (D) Any article of bedding not remade but which has been used shall be labeled "second-hand";

(A) Upon each of the articles of bedding, there shall be securely sewed upon the outside thereof a label upon which shall be legibly written or printed, in the English language, the names of the materials used as the filling of the article of bedding.

(B) If all the material used as the filling of the article of bedding shall not have been previously used, the words "manufactured of new material" shall appear upon the label together with the name and address of the maker of the bedding.

(C) If any of the material used in the making or remaking of the article of bedding shall have been previously used, the words "manufactured of previously used material" or "remade of previously used materials", as the case may be, shall appear upon the label, together with the name and address of the maker thereof and also a description of the material used in the filling of the article of bedding.

(D) Any article of bedding not remade but which has been used shall be labeled "second-hand";

(2) The label required by this section shall be muslin or linen and not less than two inches by three inches (2" x 3") in size;

(3) The statement required under this section shall be in the form as follows: Click here to view form.

Click here to view form.

(4) The words "manufactured of new material" or "remade of previously used material", "second-hand", or "materials used in filling not known", together with the description of the material used as the filling of an article of bedding shall be in letters not less than one-eighth inch (1/8") in height;

(5) The sewing of one (1) edge of the label securely into an outside seam of any article of bedding shall be deemed a compliance with that portion of the subchapter requiring that the label be securely sewed upon the article. This label shall contain all the statements required by this subchapter and shall be securely sewed to the ticking or cover of every article of bedding to be manufactured before the filling material has been placed inside the ticking or cover; and

(6) No term or description likely to mislead shall be used on any label required by this subchapter in the description of the materials used in the filling of any article of bedding.

Acts 1927, No. 249, § 5; Pope's Dig., § 6459; A.S.A. 1947, § 82-720.

27_205_1 - Attachment
Ark. Code Ann. § 20-16-102 — AR Code / Title 20 / Chapter 16 / Subchapter 1 / Section 20-16-102
Authorization to distribute organ and tissue donation information for a fatal fetal diagnosis
Status: in_force

(a) A physician may distribute information regarding organ and tissue donation to a pregnant woman when the unborn fetus is diagnosed with a fatal fetal condition which will result in death within three (3) months of birth. (b) The information shall include: (1) The telephone number, address, and website information for the Arkansas Regional Organ Recovery Agency, Inc.; and (2) The steps in the process of organ and tissue donation. (c) The physician shall document in writing that the information has been distributed to the pregnant woman. Added by Act 2015, No. 823,§ 1, eff. 7/22/2015.

(a) A physician may distribute information regarding organ and tissue donation to a pregnant woman when the unborn fetus is diagnosed with a fatal fetal condition which will result in death within three (3) months of birth.

(b) The information shall include: (1) The telephone number, address, and website information for the Arkansas Regional Organ Recovery Agency, Inc.; and (2) The steps in the process of organ and tissue donation.

(1) The telephone number, address, and website information for the Arkansas Regional Organ Recovery Agency, Inc.; and

(2) The steps in the process of organ and tissue donation.

(c) The physician shall document in writing that the information has been distributed to the pregnant woman.

Added by Act 2015, No. 823,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 20-76-703 — AR Code / Title 20 / Chapter 76 / Subchapter 7 / Section 20-76-703
Administration
Status: in_force

(a) (1) Subject to state appropriation, the Department of Human Services shall establish and administer a drug screening and testing program of suspicion-based drug screening and testing for each applicant who is otherwise eligible for the Temporary Assistance for Needy Families Program, § 20-76-101 et seq., or its successor program and for each recipient of the Temporary Assistance for Needy Families Program, § 20-76-101 et seq., or its successor program. (2) The drug screening and testing program shall include the population statewide. (b) (1) A dependent child under eighteen (18) years of age is exempt from the drug screening and testing requirement unless the dependent child is a parent who is also an applicant for the Temporary Assistance for Needy Families Program and who does not live with a parent, legal guardian, or other adult caretaker relative. (2) An entity or individual participating in the Career Pathways Initiative or Community Investment Initiative under the Temporary Assistance for Needy Families Program is exempt from the drug screening and testing requirement. (c) (1) An applicant or recipient may inform the drug testing agency administering the test of any prescription or over-the-counter medication that the individual is taking. (2) An applicant or recipient shall not be denied Temporary Assistance for Needy Families Program benefits on the basis of failing a drug test if the applicant has a current and valid prescription or a written certification and a registry identification card issued under the Arkansas Medical Marijuana Amendment of 2016, Arkansas Constitution, Amendment 98, for the drug in question. (d) (1) An applicant or recipient shall undergo a confirmation test using the same specimen sample from the initial positive test before receiving Temporary Assistance for Needy Families Program benefits. (2) The results of the confirmation test shall be used to determine final eligibility for Temporary Assistance for Needy Families Program benefits. Amended by Act 2023, No. 832,§ 23, eff. 7/1/2023. Amended by Act 2019, No. 910,§ 547, eff. 7/1/2019. Amended by Act 2017, No. 314,§ 3, eff. 8/1/2017. Amended by Act 2017, No. 314,§ 2, eff. 8/1/2017. Amended by Act 2017, No. 314,§ 1, eff. 8/1/2017. Added by Act 2015, No. 1205,§ 1, eff. 7/22/2015.

(a) (1) Subject to state appropriation, the Department of Human Services shall establish and administer a drug screening and testing program of suspicion-based drug screening and testing for each applicant who is otherwise eligible for the Temporary Assistance for Needy Families Program, § 20-76-101 et seq., or its successor program and for each recipient of the Temporary Assistance for Needy Families Program, § 20-76-101 et seq., or its successor program. (2) The drug screening and testing program shall include the population statewide.

(1) Subject to state appropriation, the Department of Human Services shall establish and administer a drug screening and testing program of suspicion-based drug screening and testing for each applicant who is otherwise eligible for the Temporary Assistance for Needy Families Program, § 20-76-101 et seq., or its successor program and for each recipient of the Temporary Assistance for Needy Families Program, § 20-76-101 et seq., or its successor program.

(2) The drug screening and testing program shall include the population statewide.

(b) (1) A dependent child under eighteen (18) years of age is exempt from the drug screening and testing requirement unless the dependent child is a parent who is also an applicant for the Temporary Assistance for Needy Families Program and who does not live with a parent, legal guardian, or other adult caretaker relative. (2) An entity or individual participating in the Career Pathways Initiative or Community Investment Initiative under the Temporary Assistance for Needy Families Program is exempt from the drug screening and testing requirement.

(1) A dependent child under eighteen (18) years of age is exempt from the drug screening and testing requirement unless the dependent child is a parent who is also an applicant for the Temporary Assistance for Needy Families Program and who does not live with a parent, legal guardian, or other adult caretaker relative.

(2) An entity or individual participating in the Career Pathways Initiative or Community Investment Initiative under the Temporary Assistance for Needy Families Program is exempt from the drug screening and testing requirement.

(c) (1) An applicant or recipient may inform the drug testing agency administering the test of any prescription or over-the-counter medication that the individual is taking. (2) An applicant or recipient shall not be denied Temporary Assistance for Needy Families Program benefits on the basis of failing a drug test if the applicant has a current and valid prescription or a written certification and a registry identification card issued under the Arkansas Medical Marijuana Amendment of 2016, Arkansas Constitution, Amendment 98, for the drug in question.

(1) An applicant or recipient may inform the drug testing agency administering the test of any prescription or over-the-counter medication that the individual is taking.

(2) An applicant or recipient shall not be denied Temporary Assistance for Needy Families Program benefits on the basis of failing a drug test if the applicant has a current and valid prescription or a written certification and a registry identification card issued under the Arkansas Medical Marijuana Amendment of 2016, Arkansas Constitution, Amendment 98, for the drug in question.

(d) (1) An applicant or recipient shall undergo a confirmation test using the same specimen sample from the initial positive test before receiving Temporary Assistance for Needy Families Program benefits. (2) The results of the confirmation test shall be used to determine final eligibility for Temporary Assistance for Needy Families Program benefits.

(1) An applicant or recipient shall undergo a confirmation test using the same specimen sample from the initial positive test before receiving Temporary Assistance for Needy Families Program benefits.

(2) The results of the confirmation test shall be used to determine final eligibility for Temporary Assistance for Needy Families Program benefits.

Amended by Act 2023, No. 832,§ 23, eff. 7/1/2023.

Amended by Act 2019, No. 910,§ 547, eff. 7/1/2019.

Amended by Act 2017, No. 314,§ 3, eff. 8/1/2017.

Amended by Act 2017, No. 314,§ 2, eff. 8/1/2017.

Amended by Act 2017, No. 314,§ 1, eff. 8/1/2017.

Added by Act 2015, No. 1205,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 20-10-909 — AR Code / Title 20 / Chapter 10 / Subchapter 9 / Section 20-10-909
Duties of receiver
Status: in_force

The receiver appointed pursuant to this subchapter: (1) Shall operate the facility in such a manner as to assure safety and adequate health care for the residents; (2) Shall receive and expend in a reasonable and prudent manner the revenues of the facility; (3) May hire, direct, manage, and discharge any employees, including the administrator of the facility; (4) Shall be entitled to and shall take possession of all property or assets of residents which are in the possession of the licensee or operator of the facility. The receiver shall preserve all property, assets, and records of residents of which the receiver takes possession; (5) (A) May contract for such outside services as may be needed for the operation of the facility. (B) Any contract for outside services in excess of three thousand dollars ($3,000) shall be approved by the court; (6) Shall pay commercial creditors of the facility determined by the receiver to be valid; (7) (A) May do all things necessary and proper to maintain and operate the facility in accordance with sound fiscal policies. (B) The receiver shall take such action as is reasonably necessary to protect or conserve the assets or property of which the receiver takes possession and may use such assets or property only in the performance of the powers and duties set out in this section; (8) Shall conduct the day-to-day business operations of the facility; (9) (A) Shall correct or eliminate any deficiency in the structure or furnishings of the facility which endangers the safety or health of residents while they remain in the facility, provided the total cost of correction does not exceed three thousand dollars ($3,000). (B) The circuit court may order expenditures for this purpose in excess of three thousand dollars ($3,000) upon application from the receiver, after notice to the owner and hearing; (10) Shall collect incoming payments from all sources and apply them to the costs incurred in the performance of his or her functions as receiver, including the compensation of the receiver; (11) Shall honor existing leases, mortgages, chattel mortgages, and security interests determined by the receiver to be valid; (12) Shall remedy violations of federal and state rules and regulations governing the operation of the facility; (13) May close the facility or negotiate with the owners for the sale of the facility upon approval of the court; (14) Shall give each resident of the facility and the family representative of each resident notice of the receivership; (15) (A) May hire consultants or undertake any studies of the facility he or she deems appropriate. (B) Any expenditure under this subdivision (15) in excess of three thousand dollars ($3,000) shall be approved by the court. (C) "Consultants" excludes the owner, licensee, administrator, persons affiliated with the facility, persons with a financial interest in the facility, and persons who have owned or operated a facility that has been ordered into receivership unless approved by the court; and (16) Shall file reports concerning the receivership and expenditures with the court in such frequency as the court deems appropriate and shall forward a copy of each report to the owner and administrator or licensee of the facility. Amended by Act 2019, No. 315,§ 1889, eff. 7/24/2019. Acts 1988 (4th Ex. Sess.), No. 3, § 1; 1988 (4th Ex. Sess.), No. 13, § 1.

The receiver appointed pursuant to this subchapter:

(1) Shall operate the facility in such a manner as to assure safety and adequate health care for the residents;

(2) Shall receive and expend in a reasonable and prudent manner the revenues of the facility;

(3) May hire, direct, manage, and discharge any employees, including the administrator of the facility;

(4) Shall be entitled to and shall take possession of all property or assets of residents which are in the possession of the licensee or operator of the facility. The receiver shall preserve all property, assets, and records of residents of which the receiver takes possession;

(5) (A) May contract for such outside services as may be needed for the operation of the facility. (B) Any contract for outside services in excess of three thousand dollars ($3,000) shall be approved by the court;

(A) May contract for such outside services as may be needed for the operation of the facility.

(B) Any contract for outside services in excess of three thousand dollars ($3,000) shall be approved by the court;

(6) Shall pay commercial creditors of the facility determined by the receiver to be valid;

(7) (A) May do all things necessary and proper to maintain and operate the facility in accordance with sound fiscal policies. (B) The receiver shall take such action as is reasonably necessary to protect or conserve the assets or property of which the receiver takes possession and may use such assets or property only in the performance of the powers and duties set out in this section;

(A) May do all things necessary and proper to maintain and operate the facility in accordance with sound fiscal policies.

(B) The receiver shall take such action as is reasonably necessary to protect or conserve the assets or property of which the receiver takes possession and may use such assets or property only in the performance of the powers and duties set out in this section;

(8) Shall conduct the day-to-day business operations of the facility;

(9) (A) Shall correct or eliminate any deficiency in the structure or furnishings of the facility which endangers the safety or health of residents while they remain in the facility, provided the total cost of correction does not exceed three thousand dollars ($3,000). (B) The circuit court may order expenditures for this purpose in excess of three thousand dollars ($3,000) upon application from the receiver, after notice to the owner and hearing;

(A) Shall correct or eliminate any deficiency in the structure or furnishings of the facility which endangers the safety or health of residents while they remain in the facility, provided the total cost of correction does not exceed three thousand dollars ($3,000).

(B) The circuit court may order expenditures for this purpose in excess of three thousand dollars ($3,000) upon application from the receiver, after notice to the owner and hearing;

(10) Shall collect incoming payments from all sources and apply them to the costs incurred in the performance of his or her functions as receiver, including the compensation of the receiver;

(11) Shall honor existing leases, mortgages, chattel mortgages, and security interests determined by the receiver to be valid;

(12) Shall remedy violations of federal and state rules and regulations governing the operation of the facility;

(13) May close the facility or negotiate with the owners for the sale of the facility upon approval of the court;

(14) Shall give each resident of the facility and the family representative of each resident notice of the receivership;

(15) (A) May hire consultants or undertake any studies of the facility he or she deems appropriate. (B) Any expenditure under this subdivision (15) in excess of three thousand dollars ($3,000) shall be approved by the court. (C) "Consultants" excludes the owner, licensee, administrator, persons affiliated with the facility, persons with a financial interest in the facility, and persons who have owned or operated a facility that has been ordered into receivership unless approved by the court; and

(A) May hire consultants or undertake any studies of the facility he or she deems appropriate.

(B) Any expenditure under this subdivision (15) in excess of three thousand dollars ($3,000) shall be approved by the court.

(C) "Consultants" excludes the owner, licensee, administrator, persons affiliated with the facility, persons with a financial interest in the facility, and persons who have owned or operated a facility that has been ordered into receivership unless approved by the court; and

(16) Shall file reports concerning the receivership and expenditures with the court in such frequency as the court deems appropriate and shall forward a copy of each report to the owner and administrator or licensee of the facility.

Amended by Act 2019, No. 315,§ 1889, eff. 7/24/2019.

Acts 1988 (4th Ex. Sess.), No. 3, § 1; 1988 (4th Ex. Sess.), No. 13, § 1.
Ark. Code Ann. § 20-13-1803 — AR Code / Title 20 / Chapter 13 / Subchapter 18 / Section 20-13-1803
Definitions
Status: in_force

As used in this subchapter: (1) "Emergency medical services technician" means an individual licensed by the Department of Health at any level established by the rules adopted by the State Board of Health under § 20-13-301 et seq. and authorized to perform emergency medical services, including without limitation an EMT, Advanced EMT, paramedic, EMS Instructor, or EMS Instructor Trainer; (2) "First responders" means state and local law enforcement personnel, fire department personnel, and emergency medical personnel who will be deployed to bioterrorism attacks, terrorist attacks, catastrophic or natural disasters, and emergencies; (3) "Harm reduction organization" means an organization that provides direct assistance and services such as syringe exchanges, counseling, homeless services, advocacy, and drug treatment and screening to individuals at risk of experiencing a drug overdose; (4) "Healthcare professional" means a person or entity that is licensed, certified, or otherwise authorized by the laws of this state to administer health care in the ordinary course of the practice of his or her profession or as a function of an entity's administration of the practice of medicine; (5) "Opioid" means a drug or medication that relieves pain, including without limitation: (A) Hydrocodone; (B) Oxycodone; (C) Morphine; (D) Codeine; (E) Heroin; and (F) Fentanyl; (6) "Opioid antagonist" means any drug that binds to opioid receptors and blocks or inhibits the effects of opioids acting on the receptors and that is approved by the United States Food and Drug Administration for the treatment of an opioid-related drug overdose; and (7) "Opioid-related drug overdose" means an acute condition resulting from, or that a reasonable person would believe to be resulting from, the consumption or use of an opioid or another substance with which an opioid was combined by an individual with signs and symptoms that include without limitation: (A) Extreme physical illness; (B) Decreased level of consciousness; (C) Respiratory depression; (D) Coma; (E) Mania; or (F) Death. Added by Act 2015, No. 1222,§ 2, eff. 7/22/2015.

As used in this subchapter:

(1) "Emergency medical services technician" means an individual licensed by the Department of Health at any level established by the rules adopted by the State Board of Health under § 20-13-301 et seq. and authorized to perform emergency medical services, including without limitation an EMT, Advanced EMT, paramedic, EMS Instructor, or EMS Instructor Trainer;

(2) "First responders" means state and local law enforcement personnel, fire department personnel, and emergency medical personnel who will be deployed to bioterrorism attacks, terrorist attacks, catastrophic or natural disasters, and emergencies;

(3) "Harm reduction organization" means an organization that provides direct assistance and services such as syringe exchanges, counseling, homeless services, advocacy, and drug treatment and screening to individuals at risk of experiencing a drug overdose;

(4) "Healthcare professional" means a person or entity that is licensed, certified, or otherwise authorized by the laws of this state to administer health care in the ordinary course of the practice of his or her profession or as a function of an entity's administration of the practice of medicine;

(5) "Opioid" means a drug or medication that relieves pain, including without limitation: (A) Hydrocodone; (B) Oxycodone; (C) Morphine; (D) Codeine; (E) Heroin; and (F) Fentanyl;

(A) Hydrocodone;

(B) Oxycodone;

(C) Morphine;

(D) Codeine;

(E) Heroin; and

(F) Fentanyl;

(6) "Opioid antagonist" means any drug that binds to opioid receptors and blocks or inhibits the effects of opioids acting on the receptors and that is approved by the United States Food and Drug Administration for the treatment of an opioid-related drug overdose; and

(7) "Opioid-related drug overdose" means an acute condition resulting from, or that a reasonable person would believe to be resulting from, the consumption or use of an opioid or another substance with which an opioid was combined by an individual with signs and symptoms that include without limitation: (A) Extreme physical illness; (B) Decreased level of consciousness; (C) Respiratory depression; (D) Coma; (E) Mania; or (F) Death.

(A) Extreme physical illness;

(B) Decreased level of consciousness;

(C) Respiratory depression;

(D) Coma;

(E) Mania; or

(F) Death.

Added by Act 2015, No. 1222,§ 2, eff. 7/22/2015.
Ark. Code Ann. § 20-16-1108 — AR Code / Title 20 / Chapter 16 / Subchapter 11 / Section 20-16-1108
Reporting
Status: in_force

(a) The Department of Health shall prepare a reporting form for physicians containing a reprint of this subchapter and listing: (1) (A) The number of females to whom the physician or an agent of the physician provided the information described in § 20-16-1103(1) . (B) Of that number, the number provided by telephone and the number provided in person. (C) Of each of the numbers described in this subdivision (a)(1) and subdivision (a)(2) of this section, the number provided in the capacity of: (i) A physician who is to perform the abortion; or (ii) An agent of the physician; (2) The number of females who did not avail themselves of the opportunity to obtain a copy other than on the website of the printed information described in § 20-16-1105 ; (3) The number who, to the best of the reporting physician's information and belief, went on to obtain the abortion; (4) The number of abortions performed by the physician for which information otherwise required to be provided at least twenty-four (24) hours before the abortion was not so provided because an immediate abortion was necessary to prevent the female's death; and (5) The number of abortions for which information otherwise required to be provided at least twenty-four (24) hours before the abortion information was not so provided because a delay would create serious risk of substantial and irreversible impairment of a major bodily function of the pregnant female. (b) The department shall ensure that copies of the reporting forms described in subsection (a) of this section are provided: (1) Within one hundred twenty (120) days after August 12, 2005, to all physicians licensed to practice in this state; (2) To each physician who subsequently becomes newly licensed to practice in this state, at the same time as official notification to that physician that the physician is so licensed; and (3) By December 1 of each year after the calendar year in which this subchapter becomes effective, to all physicians licensed to practice in this state. (c) By February 28 of each year following a calendar year in any part of which this subchapter was in effect, each physician who provided or whose agent provided information to one (1) or more females in accordance with § 20-16-1103 during the previous calendar year shall submit to the department a copy of the form described in subsection (a) of this section with the requested data entered accurately and completely. (d) (1) For each of the items listed in subsection (a) of this section, the department shall issue by June 30 of each year a public report providing statistics compiled by the department on the basis of reports for the previous calendar year submitted in accordance with this section. (2) Each report shall also provide the statistics for all previous calendar years, adjusted to reflect any additional information from late or corrected reports. (3) The department shall ensure that none of the information included in the public reports could reasonably lead to the identification of any individual providing or provided information in accordance with § 20-16-1103(1) or § 20-16-1103(2) . (e) So long as reporting forms are sent to all licensed physicians in the state at least one (1) time every year and the report described in this section is issued at least one (1) time every year, the department, in order to achieve administrative convenience or fiscal savings, or to reduce the burden of reporting requirements, may: (1) Alter any of the dates established in this section; or (2) Consolidate the forms or reports described in this section with other forms or reports issued by the department. (f) (1) The department shall assess against a physician who fails to submit a report required under this section within thirty (30) days after the due date a fee of five hundred dollars ($500) for each additional thirty-day period or portion of a thirty-day period during which the report is overdue. (2) (A) If a physician who is required to report under this section has not submitted a report or has submitted an incomplete report more than one (1) year following the due date of the report, the department may bring an action in a court of competent jurisdiction to seek an order requiring the physician to submit a complete report within a period established by the court. (B) Failure of the physician to file the complete report within the court-ordered period is punishable as civil contempt. Acts 2005, No. 1696, § 1.

(a) The Department of Health shall prepare a reporting form for physicians containing a reprint of this subchapter and listing: (1) (A) The number of females to whom the physician or an agent of the physician provided the information described in § 20-16-1103(1) . (B) Of that number, the number provided by telephone and the number provided in person. (C) Of each of the numbers described in this subdivision (a)(1) and subdivision (a)(2) of this section, the number provided in the capacity of: (i) A physician who is to perform the abortion; or (ii) An agent of the physician; (2) The number of females who did not avail themselves of the opportunity to obtain a copy other than on the website of the printed information described in § 20-16-1105 ; (3) The number who, to the best of the reporting physician's information and belief, went on to obtain the abortion; (4) The number of abortions performed by the physician for which information otherwise required to be provided at least twenty-four (24) hours before the abortion was not so provided because an immediate abortion was necessary to prevent the female's death; and (5) The number of abortions for which information otherwise required to be provided at least twenty-four (24) hours before the abortion information was not so provided because a delay would create serious risk of substantial and irreversible impairment of a major bodily function of the pregnant female.

(1) (A) The number of females to whom the physician or an agent of the physician provided the information described in § 20-16-1103(1) . (B) Of that number, the number provided by telephone and the number provided in person. (C) Of each of the numbers described in this subdivision (a)(1) and subdivision (a)(2) of this section, the number provided in the capacity of: (i) A physician who is to perform the abortion; or (ii) An agent of the physician;

(A) The number of females to whom the physician or an agent of the physician provided the information described in § 20-16-1103(1) .

(B) Of that number, the number provided by telephone and the number provided in person.

(C) Of each of the numbers described in this subdivision (a)(1) and subdivision (a)(2) of this section, the number provided in the capacity of: (i) A physician who is to perform the abortion; or (ii) An agent of the physician;

(i) A physician who is to perform the abortion; or

(ii) An agent of the physician;

(2) The number of females who did not avail themselves of the opportunity to obtain a copy other than on the website of the printed information described in § 20-16-1105 ;

(3) The number who, to the best of the reporting physician's information and belief, went on to obtain the abortion;

(4) The number of abortions performed by the physician for which information otherwise required to be provided at least twenty-four (24) hours before the abortion was not so provided because an immediate abortion was necessary to prevent the female's death; and

(5) The number of abortions for which information otherwise required to be provided at least twenty-four (24) hours before the abortion information was not so provided because a delay would create serious risk of substantial and irreversible impairment of a major bodily function of the pregnant female.

(b) The department shall ensure that copies of the reporting forms described in subsection (a) of this section are provided: (1) Within one hundred twenty (120) days after August 12, 2005, to all physicians licensed to practice in this state; (2) To each physician who subsequently becomes newly licensed to practice in this state, at the same time as official notification to that physician that the physician is so licensed; and (3) By December 1 of each year after the calendar year in which this subchapter becomes effective, to all physicians licensed to practice in this state.

(1) Within one hundred twenty (120) days after August 12, 2005, to all physicians licensed to practice in this state;

(2) To each physician who subsequently becomes newly licensed to practice in this state, at the same time as official notification to that physician that the physician is so licensed; and

(3) By December 1 of each year after the calendar year in which this subchapter becomes effective, to all physicians licensed to practice in this state.

(c) By February 28 of each year following a calendar year in any part of which this subchapter was in effect, each physician who provided or whose agent provided information to one (1) or more females in accordance with § 20-16-1103 during the previous calendar year shall submit to the department a copy of the form described in subsection (a) of this section with the requested data entered accurately and completely.

(d) (1) For each of the items listed in subsection (a) of this section, the department shall issue by June 30 of each year a public report providing statistics compiled by the department on the basis of reports for the previous calendar year submitted in accordance with this section. (2) Each report shall also provide the statistics for all previous calendar years, adjusted to reflect any additional information from late or corrected reports. (3) The department shall ensure that none of the information included in the public reports could reasonably lead to the identification of any individual providing or provided information in accordance with § 20-16-1103(1) or § 20-16-1103(2) .

(1) For each of the items listed in subsection (a) of this section, the department shall issue by June 30 of each year a public report providing statistics compiled by the department on the basis of reports for the previous calendar year submitted in accordance with this section.

(2) Each report shall also provide the statistics for all previous calendar years, adjusted to reflect any additional information from late or corrected reports.

(3) The department shall ensure that none of the information included in the public reports could reasonably lead to the identification of any individual providing or provided information in accordance with § 20-16-1103(1) or § 20-16-1103(2) .

(e) So long as reporting forms are sent to all licensed physicians in the state at least one (1) time every year and the report described in this section is issued at least one (1) time every year, the department, in order to achieve administrative convenience or fiscal savings, or to reduce the burden of reporting requirements, may: (1) Alter any of the dates established in this section; or (2) Consolidate the forms or reports described in this section with other forms or reports issued by the department.

(1) Alter any of the dates established in this section; or

(2) Consolidate the forms or reports described in this section with other forms or reports issued by the department.

(f) (1) The department shall assess against a physician who fails to submit a report required under this section within thirty (30) days after the due date a fee of five hundred dollars ($500) for each additional thirty-day period or portion of a thirty-day period during which the report is overdue. (2) (A) If a physician who is required to report under this section has not submitted a report or has submitted an incomplete report more than one (1) year following the due date of the report, the department may bring an action in a court of competent jurisdiction to seek an order requiring the physician to submit a complete report within a period established by the court. (B) Failure of the physician to file the complete report within the court-ordered period is punishable as civil contempt.

(1) The department shall assess against a physician who fails to submit a report required under this section within thirty (30) days after the due date a fee of five hundred dollars ($500) for each additional thirty-day period or portion of a thirty-day period during which the report is overdue.

(2) (A) If a physician who is required to report under this section has not submitted a report or has submitted an incomplete report more than one (1) year following the due date of the report, the department may bring an action in a court of competent jurisdiction to seek an order requiring the physician to submit a complete report within a period established by the court. (B) Failure of the physician to file the complete report within the court-ordered period is punishable as civil contempt.

(A) If a physician who is required to report under this section has not submitted a report or has submitted an incomplete report more than one (1) year following the due date of the report, the department may bring an action in a court of competent jurisdiction to seek an order requiring the physician to submit a complete report within a period established by the court.

(B) Failure of the physician to file the complete report within the court-ordered period is punishable as civil contempt.

Acts 2005, No. 1696, § 1.
Ark. Code Ann. § 20-58-204 — AR Code / Title 20 / Chapter 58 / Subchapter 2 / Section 20-58-204
Penalties
Status: in_force

(a) Any person, firm, or corporation violating any of the provisions of this subchapter or rules of the Arkansas Livestock and Poultry Commission shall be guilty of a violation and shall upon conviction: (1) For the first offense, be fined not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100); (2) For the second offense, be fined not less than one hundred dollars ($100) nor more than two hundred fifty dollars ($250); and (3) For the third offense, be fined not less than two hundred fifty dollars ($250) nor more than five hundred dollars ($500). (b) In addition to fines, in the discretion of the court: (1) For the first offense, his or her permit may be suspended not more than thirty (30) days; (2) For the second offense, his or her permit may be suspended not more than sixty (60) days; and (3) For the third offense or any subsequent offense, his or her grading and packing permit may be revoked. (c) Public notice shall be made upon conviction of violation under this subchapter. Amended by Act 2019, No. 315,§ 2186, eff. 7/24/2019. Acts 1969, No. 220, § 19; A.S.A. 1947, § 82-1322; Acts 2005, No. 1994, § 132.

(a) Any person, firm, or corporation violating any of the provisions of this subchapter or rules of the Arkansas Livestock and Poultry Commission shall be guilty of a violation and shall upon conviction: (1) For the first offense, be fined not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100); (2) For the second offense, be fined not less than one hundred dollars ($100) nor more than two hundred fifty dollars ($250); and (3) For the third offense, be fined not less than two hundred fifty dollars ($250) nor more than five hundred dollars ($500).

(1) For the first offense, be fined not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100);

(2) For the second offense, be fined not less than one hundred dollars ($100) nor more than two hundred fifty dollars ($250); and

(3) For the third offense, be fined not less than two hundred fifty dollars ($250) nor more than five hundred dollars ($500).

(b) In addition to fines, in the discretion of the court: (1) For the first offense, his or her permit may be suspended not more than thirty (30) days; (2) For the second offense, his or her permit may be suspended not more than sixty (60) days; and (3) For the third offense or any subsequent offense, his or her grading and packing permit may be revoked.

(1) For the first offense, his or her permit may be suspended not more than thirty (30) days;

(2) For the second offense, his or her permit may be suspended not more than sixty (60) days; and

(3) For the third offense or any subsequent offense, his or her grading and packing permit may be revoked.

(c) Public notice shall be made upon conviction of violation under this subchapter.

Amended by Act 2019, No. 315,§ 2186, eff. 7/24/2019.

Acts 1969, No. 220, § 19; A.S.A. 1947, § 82-1322; Acts 2005, No. 1994, § 132.
Ark. Code Ann. § 20-60-206 — AR Code / Title 20 / Chapter 60 / Subchapter 2 / Section 20-60-206
Secretary of the Department of Agriculture - Powers and duties - State Meat Inspection Program
Status: in_force

(a) (1) (A) The Secretary of the Department of Agriculture shall promulgate rules and appoint qualified personnel as necessary to carry out the purposes or provisions of this subchapter. (B) The rules shall be in conformity with the rules and regulations under the Federal Meat Inspection Act, 21 U.S.C. § 601 et seq., as in effect on January 1, 2021, and with subsequent amendments of the Federal Meat Inspection Act, 21 U.S.C. § 601 et seq., unless the rules and regulations under the Federal Meat Inspection Act, 21 U.S.C. § 601 et seq., are considered by the secretary as not to be in accord with the objectives of this subchapter. (2) (A) Notice of proposed rules shall be given to all establishments licensed under this subchapter. (B) A hearing shall be called by the secretary at which proponents and opponents of the proposed rules shall be given the opportunity to present arguments supporting their positions. (C) The time, place, and procedure for the hearing shall be determined by the secretary. (D) A proposed rule shall not become effective until after the hearing. (b) The secretary may cooperate with the United States Government in carrying out the provisions of this subchapter and the Federal Meat Inspection Act, 21 U.S.C. § 601 et seq., as in effect on January 1, 2021. (c) The secretary shall: (1) Create a program to be known as the "State Meat Inspection Program" within the Department of Agriculture to perform inspections required by this subchapter; (2) Consult with the meat and meat food products industry, including the Arkansas Livestock and Poultry Commission, as well as the Department of Health, when developing the procedures, rules, and policies regarding the program; (3) Hire inspectors to inspect: (A) Livestock that are subject to inspection under this subchapter; (B) Livestock carcasses, parts of livestock carcasses, meat, and meat food products; and (C) Sanitary conditions of official establishments in which meat and meat food products are prepared; and (4) Designate at least eight (8) inspectors. Amended by Act 2021, No. 418,§ 2, eff. 3/23/2021. Amended by Act 2019, No. 315,§ 2210, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5075, eff. 7/1/2019. Acts 1967, No. 320, §§ 14, 15; A.S.A. 1947, §§ 82-2014, 82-2015.

(a) (1) (A) The Secretary of the Department of Agriculture shall promulgate rules and appoint qualified personnel as necessary to carry out the purposes or provisions of this subchapter. (B) The rules shall be in conformity with the rules and regulations under the Federal Meat Inspection Act, 21 U.S.C. § 601 et seq., as in effect on January 1, 2021, and with subsequent amendments of the Federal Meat Inspection Act, 21 U.S.C. § 601 et seq., unless the rules and regulations under the Federal Meat Inspection Act, 21 U.S.C. § 601 et seq., are considered by the secretary as not to be in accord with the objectives of this subchapter. (2) (A) Notice of proposed rules shall be given to all establishments licensed under this subchapter. (B) A hearing shall be called by the secretary at which proponents and opponents of the proposed rules shall be given the opportunity to present arguments supporting their positions. (C) The time, place, and procedure for the hearing shall be determined by the secretary. (D) A proposed rule shall not become effective until after the hearing.

(1) (A) The Secretary of the Department of Agriculture shall promulgate rules and appoint qualified personnel as necessary to carry out the purposes or provisions of this subchapter. (B) The rules shall be in conformity with the rules and regulations under the Federal Meat Inspection Act, 21 U.S.C. § 601 et seq., as in effect on January 1, 2021, and with subsequent amendments of the Federal Meat Inspection Act, 21 U.S.C. § 601 et seq., unless the rules and regulations under the Federal Meat Inspection Act, 21 U.S.C. § 601 et seq., are considered by the secretary as not to be in accord with the objectives of this subchapter.

(A) The Secretary of the Department of Agriculture shall promulgate rules and appoint qualified personnel as necessary to carry out the purposes or provisions of this subchapter.

(B) The rules shall be in conformity with the rules and regulations under the Federal Meat Inspection Act, 21 U.S.C. § 601 et seq., as in effect on January 1, 2021, and with subsequent amendments of the Federal Meat Inspection Act, 21 U.S.C. § 601 et seq., unless the rules and regulations under the Federal Meat Inspection Act, 21 U.S.C. § 601 et seq., are considered by the secretary as not to be in accord with the objectives of this subchapter.

(2) (A) Notice of proposed rules shall be given to all establishments licensed under this subchapter. (B) A hearing shall be called by the secretary at which proponents and opponents of the proposed rules shall be given the opportunity to present arguments supporting their positions. (C) The time, place, and procedure for the hearing shall be determined by the secretary. (D) A proposed rule shall not become effective until after the hearing.

(A) Notice of proposed rules shall be given to all establishments licensed under this subchapter.

(B) A hearing shall be called by the secretary at which proponents and opponents of the proposed rules shall be given the opportunity to present arguments supporting their positions.

(C) The time, place, and procedure for the hearing shall be determined by the secretary.

(D) A proposed rule shall not become effective until after the hearing.

(b) The secretary may cooperate with the United States Government in carrying out the provisions of this subchapter and the Federal Meat Inspection Act, 21 U.S.C. § 601 et seq., as in effect on January 1, 2021.

(c) The secretary shall: (1) Create a program to be known as the "State Meat Inspection Program" within the Department of Agriculture to perform inspections required by this subchapter; (2) Consult with the meat and meat food products industry, including the Arkansas Livestock and Poultry Commission, as well as the Department of Health, when developing the procedures, rules, and policies regarding the program; (3) Hire inspectors to inspect: (A) Livestock that are subject to inspection under this subchapter; (B) Livestock carcasses, parts of livestock carcasses, meat, and meat food products; and (C) Sanitary conditions of official establishments in which meat and meat food products are prepared; and (4) Designate at least eight (8) inspectors.

(1) Create a program to be known as the "State Meat Inspection Program" within the Department of Agriculture to perform inspections required by this subchapter;

(2) Consult with the meat and meat food products industry, including the Arkansas Livestock and Poultry Commission, as well as the Department of Health, when developing the procedures, rules, and policies regarding the program;

(3) Hire inspectors to inspect: (A) Livestock that are subject to inspection under this subchapter; (B) Livestock carcasses, parts of livestock carcasses, meat, and meat food products; and (C) Sanitary conditions of official establishments in which meat and meat food products are prepared; and

(A) Livestock that are subject to inspection under this subchapter;

(B) Livestock carcasses, parts of livestock carcasses, meat, and meat food products; and

(C) Sanitary conditions of official establishments in which meat and meat food products are prepared; and

(4) Designate at least eight (8) inspectors.

Amended by Act 2021, No. 418,§ 2, eff. 3/23/2021.

Amended by Act 2019, No. 315,§ 2210, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5075, eff. 7/1/2019.

Acts 1967, No. 320, §§ 14, 15; A.S.A. 1947, §§ 82-2014, 82-2015.
Ark. Code Ann. § 20-23-405 — AR Code / Title 20 / Chapter 23 / Subchapter 4 / Section 20-23-405
Sellers, installers, and repairers
Status: in_force

(a) (1) All persons, firms, or corporations engaged in the sale or installation of boilers, unfired pressure vessels, hot water storage containers, or pressure piping in any location shall be licensed by the Boiler Inspection Division to perform the work. (2) The annual license fee shall be seventy-five dollars ($75.00) per year, payable in advance on or before January 31 of each calendar year. (b) (1) All persons, firms, or corporations engaged in the repair of boilers or unfired pressure vessels shall be licensed by the division. (2) The annual license fee shall be seventy-five dollars ($75.00) annually, payable in advance on or before January 31 of each calendar year. (c) Each person, firm, or corporation shall furnish evidence suitable to the division that the person, firm, or coporation is qualified to perform the work. (d) The license of any person, firm, or corporation may be revoked by the division upon proof that the person, firm, or corporation is not performing the work in compliance with this chapter and the rules as provided in this chapter. (e) Any person violating the provisions of this section shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000) or by imprisonment for not more than five (5) years or by both fine and imprisonment. (f) The provisions of §§ 20-23-104 , 20-23-307 - 20-23-309 , 20-23-403 , 20-23-404 , and this section shall not apply to firms under the regulation of the United States Surface Transportation Board. Amended by Act 2019, No. 315,§ 2059, eff. 7/24/2019. Acts 1961, No. 494, § 7; 1970 (1st Ex. Sess.), No. 65, § 3; 1975, No. 162, § 4; 1979, No. 526, § 4; 1981, No. 9, § 4; 1983, No. 303, § 4; A.S.A. 1947, § 81-507; Acts 1991, No. 560, § 4; 1993, No. 477, § 9.

(a) (1) All persons, firms, or corporations engaged in the sale or installation of boilers, unfired pressure vessels, hot water storage containers, or pressure piping in any location shall be licensed by the Boiler Inspection Division to perform the work. (2) The annual license fee shall be seventy-five dollars ($75.00) per year, payable in advance on or before January 31 of each calendar year.

(1) All persons, firms, or corporations engaged in the sale or installation of boilers, unfired pressure vessels, hot water storage containers, or pressure piping in any location shall be licensed by the Boiler Inspection Division to perform the work.

(2) The annual license fee shall be seventy-five dollars ($75.00) per year, payable in advance on or before January 31 of each calendar year.

(b) (1) All persons, firms, or corporations engaged in the repair of boilers or unfired pressure vessels shall be licensed by the division. (2) The annual license fee shall be seventy-five dollars ($75.00) annually, payable in advance on or before January 31 of each calendar year.

(1) All persons, firms, or corporations engaged in the repair of boilers or unfired pressure vessels shall be licensed by the division.

(2) The annual license fee shall be seventy-five dollars ($75.00) annually, payable in advance on or before January 31 of each calendar year.

(c) Each person, firm, or corporation shall furnish evidence suitable to the division that the person, firm, or coporation is qualified to perform the work.

(d) The license of any person, firm, or corporation may be revoked by the division upon proof that the person, firm, or corporation is not performing the work in compliance with this chapter and the rules as provided in this chapter.

(e) Any person violating the provisions of this section shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000) or by imprisonment for not more than five (5) years or by both fine and imprisonment.

(f) The provisions of §§ 20-23-104 , 20-23-307 - 20-23-309 , 20-23-403 , 20-23-404 , and this section shall not apply to firms under the regulation of the United States Surface Transportation Board.

Amended by Act 2019, No. 315,§ 2059, eff. 7/24/2019.

Acts 1961, No. 494, § 7; 1970 (1st Ex. Sess.), No. 65, § 3; 1975, No. 162, § 4; 1979, No. 526, § 4; 1981, No. 9, § 4; 1983, No. 303, § 4; A.S.A. 1947, § 81-507; Acts 1991, No. 560, § 4; 1993, No. 477, § 9.
Ark. Code Ann. § 20-16-1807 — AR Code / Title 20 / Chapter 16 / Subchapter 18 / Section 20-16-1807
Construction
Status: in_force

This subchapter does not: (1) Create or recognize a right to abortion; (2) Create or recognize a right to a particular method of abortion; or (3) Make lawful an abortion that is currently unlawful under any law of this state. Added by Act 2017, No. 45,§ 1, eff. 8/1/2017.

This subchapter does not:

(1) Create or recognize a right to abortion;

(2) Create or recognize a right to a particular method of abortion; or

(3) Make lawful an abortion that is currently unlawful under any law of this state.

Added by Act 2017, No. 45,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 20-76-115 — AR Code / Title 20 / Chapter 76 / Subchapter 1 / Section 20-76-115
Resource limits for Supplemental Nutrition Assistance Program - Resource limit waiver
Status: in_force

(a) Unless required by federal law, the Department of Human Services shall not: (1) Apply gross income standards for food assistance higher than the standards specified in 7 U.S.C. § 2014(c) ; or (2) Grant categorical eligibility that exempts households from the gross income standard under subdivision (a)(1) of this section for any noncash, in-kind, or other benefit unless a waiver is obtained under subsection (b) of this section. (b) (1) (A) The Department of Human Services shall request a waiver from the United States Department of Agriculture to exempt Supplemental Nutrition Assistance Program enrollees from the federal resource limit, subject to the asset limits under subdivision (b)(2) of this section. (B) The Department of Human Services may request a broad-based categorical eligibility waiver from the United States Department of Agriculture if a waiver is necessary to implement the asset limits under subdivision (b)(2) of this section. (2) Upon the Department of Human Services obtaining the waiver requested under subdivision (b)(1) of this section: (A) The asset limit under the Supplemental Nutrition Assistance Program shall be equal to the federal resource limit; (B) (i) If an enrolled household is determined by the Department of Human Services to have accumulated countable assets greater than the federal resource limit, the Department of Human Services shall grant a temporary increase of the asset limit for that household to an amount set by the Department of Human Services by rule for a period of up to one (1) year. (ii) The Department of Human Services shall set the temporary asset limit at five thousand five hundred dollars ($5,500) and may seek waiver approval from the United States Department of Agriculture to modify that amount to correspond with future changes in the federal resource limit; and (C) An enrolled household may receive a temporary increase of the asset limit no more than one (1) time every five (5) years. Amended by Act 2023, No. 675,§ 1, eff. 8/1/2023. Added by Act 2017, No. 1095,§ 1, eff. 8/1/2017.

(a) Unless required by federal law, the Department of Human Services shall not: (1) Apply gross income standards for food assistance higher than the standards specified in 7 U.S.C. § 2014(c) ; or (2) Grant categorical eligibility that exempts households from the gross income standard under subdivision (a)(1) of this section for any noncash, in-kind, or other benefit unless a waiver is obtained under subsection (b) of this section.

(1) Apply gross income standards for food assistance higher than the standards specified in 7 U.S.C. § 2014(c) ; or

(2) Grant categorical eligibility that exempts households from the gross income standard under subdivision (a)(1) of this section for any noncash, in-kind, or other benefit unless a waiver is obtained under subsection (b) of this section.

(b) (1) (A) The Department of Human Services shall request a waiver from the United States Department of Agriculture to exempt Supplemental Nutrition Assistance Program enrollees from the federal resource limit, subject to the asset limits under subdivision (b)(2) of this section. (B) The Department of Human Services may request a broad-based categorical eligibility waiver from the United States Department of Agriculture if a waiver is necessary to implement the asset limits under subdivision (b)(2) of this section. (2) Upon the Department of Human Services obtaining the waiver requested under subdivision (b)(1) of this section: (A) The asset limit under the Supplemental Nutrition Assistance Program shall be equal to the federal resource limit; (B) (i) If an enrolled household is determined by the Department of Human Services to have accumulated countable assets greater than the federal resource limit, the Department of Human Services shall grant a temporary increase of the asset limit for that household to an amount set by the Department of Human Services by rule for a period of up to one (1) year. (ii) The Department of Human Services shall set the temporary asset limit at five thousand five hundred dollars ($5,500) and may seek waiver approval from the United States Department of Agriculture to modify that amount to correspond with future changes in the federal resource limit; and (C) An enrolled household may receive a temporary increase of the asset limit no more than one (1) time every five (5) years.

(1) (A) The Department of Human Services shall request a waiver from the United States Department of Agriculture to exempt Supplemental Nutrition Assistance Program enrollees from the federal resource limit, subject to the asset limits under subdivision (b)(2) of this section. (B) The Department of Human Services may request a broad-based categorical eligibility waiver from the United States Department of Agriculture if a waiver is necessary to implement the asset limits under subdivision (b)(2) of this section.

(A) The Department of Human Services shall request a waiver from the United States Department of Agriculture to exempt Supplemental Nutrition Assistance Program enrollees from the federal resource limit, subject to the asset limits under subdivision (b)(2) of this section.

(B) The Department of Human Services may request a broad-based categorical eligibility waiver from the United States Department of Agriculture if a waiver is necessary to implement the asset limits under subdivision (b)(2) of this section.

(2) Upon the Department of Human Services obtaining the waiver requested under subdivision (b)(1) of this section: (A) The asset limit under the Supplemental Nutrition Assistance Program shall be equal to the federal resource limit; (B) (i) If an enrolled household is determined by the Department of Human Services to have accumulated countable assets greater than the federal resource limit, the Department of Human Services shall grant a temporary increase of the asset limit for that household to an amount set by the Department of Human Services by rule for a period of up to one (1) year. (ii) The Department of Human Services shall set the temporary asset limit at five thousand five hundred dollars ($5,500) and may seek waiver approval from the United States Department of Agriculture to modify that amount to correspond with future changes in the federal resource limit; and (C) An enrolled household may receive a temporary increase of the asset limit no more than one (1) time every five (5) years.

(A) The asset limit under the Supplemental Nutrition Assistance Program shall be equal to the federal resource limit;

(B) (i) If an enrolled household is determined by the Department of Human Services to have accumulated countable assets greater than the federal resource limit, the Department of Human Services shall grant a temporary increase of the asset limit for that household to an amount set by the Department of Human Services by rule for a period of up to one (1) year. (ii) The Department of Human Services shall set the temporary asset limit at five thousand five hundred dollars ($5,500) and may seek waiver approval from the United States Department of Agriculture to modify that amount to correspond with future changes in the federal resource limit; and

(i) If an enrolled household is determined by the Department of Human Services to have accumulated countable assets greater than the federal resource limit, the Department of Human Services shall grant a temporary increase of the asset limit for that household to an amount set by the Department of Human Services by rule for a period of up to one (1) year.

(ii) The Department of Human Services shall set the temporary asset limit at five thousand five hundred dollars ($5,500) and may seek waiver approval from the United States Department of Agriculture to modify that amount to correspond with future changes in the federal resource limit; and

(C) An enrolled household may receive a temporary increase of the asset limit no more than one (1) time every five (5) years.

Amended by Act 2023, No. 675,§ 1, eff. 8/1/2023.

Added by Act 2017, No. 1095,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 20-47-603 — AR Code / Title 20 / Chapter 47 / Subchapter 6 / Section 20-47-603
Conditional effectiveness
Status: in_force

Unless sufficient appropriations are provided for the purposes of this subchapter, the parties have no new obligations under this subchapter. Acts 2007, No. 1012, § 1.

Unless sufficient appropriations are provided for the purposes of this subchapter, the parties have no new obligations under this subchapter.

Acts 2007, No. 1012, § 1.
Ark. Code Ann. § 20-15-2108 — AR Code / Title 20 / Chapter 15 / Subchapter 21 / Section 20-15-2108
Prohibited sanctions
Status: in_force

The recommendation, prescription, treatment, or participation in the treatment of a terminal illness with an investigational drug, biological product, or device shall not permit: (1) A licensing board to revoke a license, fail to renew a license, or take any other action against a physician's license; (2) A state agency or licensing board to revoke a license, fail to renew a license, or take any other action against: (A) A medical professional licensed under state law; or (B) A hospital licensed under § 20-9-213 ; or (3) An action against a hospital's Medicare certification. Added by Act 2015, No. 374,§ 1, eff. 7/22/2015.

The recommendation, prescription, treatment, or participation in the treatment of a terminal illness with an investigational drug, biological product, or device shall not permit:

(1) A licensing board to revoke a license, fail to renew a license, or take any other action against a physician's license;

(2) A state agency or licensing board to revoke a license, fail to renew a license, or take any other action against: (A) A medical professional licensed under state law; or (B) A hospital licensed under § 20-9-213 ; or

(A) A medical professional licensed under state law; or

(B) A hospital licensed under § 20-9-213 ; or

(3) An action against a hospital's Medicare certification.

Added by Act 2015, No. 374,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 20-80-306 — AR Code / Title 20 / Chapter 80 / Subchapter 3 / Section 20-80-306
Recognition of specific agencies - Change of boundaries and number
Status: in_force

The appropriate division of the Department of Human Services is authorized to change the boundaries and the number of officially recognized community action agencies, provided that concurrence therein is obtained of the governing boards of each of the affected existing agencies as recognized in § 20-80-305 . Acts 1985, No. 345, § 2; A.S.A. 1947, § 83-1108.

The appropriate division of the Department of Human Services is authorized to change the boundaries and the number of officially recognized community action agencies, provided that concurrence therein is obtained of the governing boards of each of the affected existing agencies as recognized in § 20-80-305 .

Acts 1985, No. 345, § 2; A.S.A. 1947, § 83-1108.
Ark. Code Ann. § 20-18-604 — AR Code / Title 20 / Chapter 18 / Subchapter 6 / Section 20-18-604
Final disposition of dead body or fetus
Status: in_force

(a) The funeral director or the person acting as the funeral director who first assumes custody of a dead body shall obtain authorization for final disposition of the dead body as provided in the rules. (b) Prior to final disposition of a dead fetus, irrespective of the duration of pregnancy, the funeral director, the person in charge of the institution, or other person assuming responsibility for final disposition of the fetus shall obtain from the parents authorization for final disposition on a form prescribed by the State Registrar of Vital Records. (c) With the consent of the physician or State Medical Examiner or county coroner, who is to certify the cause of death, a dead body may be moved from the place of death for the purpose of being prepared for final disposition. (d) An authorization for final disposition issued under the law of another state which accompanies a dead body or fetus brought into this state shall be authority for final disposition of the dead body or fetus in this state. (e) Authorization for disinterment and reinterment shall be required prior to disinterment of a dead body or fetus. The authorization shall be issued by the state registrar to a licensed funeral director or person acting as such upon proper application. Amended by Act 2019, No. 315,§ 1978, eff. 7/24/2019. Acts 1981, No. 120, § 17; A.S.A. 1947, § 82-517; Acts 1989, No. 396, § 4; 1995, No. 1254, § 28.

(a) The funeral director or the person acting as the funeral director who first assumes custody of a dead body shall obtain authorization for final disposition of the dead body as provided in the rules.

(b) Prior to final disposition of a dead fetus, irrespective of the duration of pregnancy, the funeral director, the person in charge of the institution, or other person assuming responsibility for final disposition of the fetus shall obtain from the parents authorization for final disposition on a form prescribed by the State Registrar of Vital Records.

(c) With the consent of the physician or State Medical Examiner or county coroner, who is to certify the cause of death, a dead body may be moved from the place of death for the purpose of being prepared for final disposition.

(d) An authorization for final disposition issued under the law of another state which accompanies a dead body or fetus brought into this state shall be authority for final disposition of the dead body or fetus in this state.

(e) Authorization for disinterment and reinterment shall be required prior to disinterment of a dead body or fetus. The authorization shall be issued by the state registrar to a licensed funeral director or person acting as such upon proper application.

Amended by Act 2019, No. 315,§ 1978, eff. 7/24/2019.

Acts 1981, No. 120, § 17; A.S.A. 1947, § 82-517; Acts 1989, No. 396, § 4; 1995, No. 1254, § 28.
Ark. Code Ann. § 20-14-507 — AR Code / Title 20 / Chapter 14 / Subchapter 5 / Section 20-14-507
Nonsubstitution of funds - Other benefits not reduced
Status: in_force

(a) Funds provided under the Pub. L. No. 99-457 grant may not be used to satisfy a financial commitment for services which would have been paid for from another public or private source but for the enactment of Pub. L. No. 99-457, except that, whenever considered necessary to prevent the delay in the receipt of appropriate early intervention services by the infant or toddler or family in a timely fashion, funds provided under this subchapter may be used to pay the provider of services pending reimbursement from the agency which has ultimate responsibility for the payment. (b) Nothing in this subchapter shall be construed to permit the state to reduce medical or other assistance available or to alter eligibility under Title V of the Social Security Act, relating to maternal and child health, or Title XIX of the Social Security Act, relating to Medicaid for infants and toddlers with disabilities, within the state. Acts 1987, No. 658, § 7; 1997, No. 208, § 18.

(a) Funds provided under the Pub. L. No. 99-457 grant may not be used to satisfy a financial commitment for services which would have been paid for from another public or private source but for the enactment of Pub. L. No. 99-457, except that, whenever considered necessary to prevent the delay in the receipt of appropriate early intervention services by the infant or toddler or family in a timely fashion, funds provided under this subchapter may be used to pay the provider of services pending reimbursement from the agency which has ultimate responsibility for the payment.

(b) Nothing in this subchapter shall be construed to permit the state to reduce medical or other assistance available or to alter eligibility under Title V of the Social Security Act, relating to maternal and child health, or Title XIX of the Social Security Act, relating to Medicaid for infants and toddlers with disabilities, within the state.

Acts 1987, No. 658, § 7; 1997, No. 208, § 18.
Ark. Code Ann. § 20-3-108 — AR Code / Title 20 / Chapter 3 / Section 20-3-108
ABLE accounts
Status: in_force

(a) (1) An account owner or contributor may establish an ABLE account by making an initial contribution to the Achieving a Better Life Experience Program, signing an application form approved by the Achieving a Better Life Experience Program Committee, and naming the ABLE account owner and the designated beneficiary. (2) If the contributor is not the ABLE account owner, the ABLE account owner shall also sign the application form. (3) Any person may make contributions to an ABLE account after the ABLE account is opened. (b) Contributions to an ABLE account shall be made only in cash. (c) (1) Total contributions to all ABLE accounts shall not exceed those reasonably necessary to provide for the qualified disability expenses of the beneficiary. (2) The committee shall establish maximum contribution limits applicable to program ABLE accounts in accordance with the program as provided under the Tax Increase Prevention Act of 2014, Pub. L. No. 113-295. (d) (1) Separate records and accounting shall be required by the program for each ABLE account. (2) Reports shall be made no less frequently than annually to the ABLE account owner. (e) (1) The program may collect application, ABLE account, or administrative fees to defray the costs of the program. (2) The application, ABLE account, or administrative fees shall be approved by the committee. Added by Act 2015, No. 1238,§ 1, eff. 7/22/2015.

(a) (1) An account owner or contributor may establish an ABLE account by making an initial contribution to the Achieving a Better Life Experience Program, signing an application form approved by the Achieving a Better Life Experience Program Committee, and naming the ABLE account owner and the designated beneficiary. (2) If the contributor is not the ABLE account owner, the ABLE account owner shall also sign the application form. (3) Any person may make contributions to an ABLE account after the ABLE account is opened.

(1) An account owner or contributor may establish an ABLE account by making an initial contribution to the Achieving a Better Life Experience Program, signing an application form approved by the Achieving a Better Life Experience Program Committee, and naming the ABLE account owner and the designated beneficiary.

(2) If the contributor is not the ABLE account owner, the ABLE account owner shall also sign the application form.

(3) Any person may make contributions to an ABLE account after the ABLE account is opened.

(b) Contributions to an ABLE account shall be made only in cash.

(c) (1) Total contributions to all ABLE accounts shall not exceed those reasonably necessary to provide for the qualified disability expenses of the beneficiary. (2) The committee shall establish maximum contribution limits applicable to program ABLE accounts in accordance with the program as provided under the Tax Increase Prevention Act of 2014, Pub. L. No. 113-295.

(1) Total contributions to all ABLE accounts shall not exceed those reasonably necessary to provide for the qualified disability expenses of the beneficiary.

(2) The committee shall establish maximum contribution limits applicable to program ABLE accounts in accordance with the program as provided under the Tax Increase Prevention Act of 2014, Pub. L. No. 113-295.

(d) (1) Separate records and accounting shall be required by the program for each ABLE account. (2) Reports shall be made no less frequently than annually to the ABLE account owner.

(1) Separate records and accounting shall be required by the program for each ABLE account.

(2) Reports shall be made no less frequently than annually to the ABLE account owner.

(e) (1) The program may collect application, ABLE account, or administrative fees to defray the costs of the program. (2) The application, ABLE account, or administrative fees shall be approved by the committee.

(1) The program may collect application, ABLE account, or administrative fees to defray the costs of the program.

(2) The application, ABLE account, or administrative fees shall be approved by the committee.

Added by Act 2015, No. 1238,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 20-10-503 — AR Code / Title 20 / Chapter 10 / Subchapter 5 / Section 20-10-503
Interagency agreements
Status: in_force

The state agencies shall work out formalized agreements among themselves that will set forth all the elements of this plan. Acts 1981, No. 380, § 3; A.S.A. 1947, § 82-2228.

The state agencies shall work out formalized agreements among themselves that will set forth all the elements of this plan.

Acts 1981, No. 380, § 3; A.S.A. 1947, § 82-2228.
Ark. Code Ann. § 20-22-807 — AR Code / Title 20 / Chapter 22 / Subchapter 8 / Section 20-22-807
Authority of certified fire departments
Status: in_force

Certified fire departments and their firefighters shall have the authority to do all acts reasonably necessary to extinguish fires and protect life and property from fire. Acts 1987, No. 837, § 6.

Certified fire departments and their firefighters shall have the authority to do all acts reasonably necessary to extinguish fires and protect life and property from fire.

Acts 1987, No. 837, § 6.
Ark. Code Ann. § 20-76-505 — AR Code / Title 20 / Chapter 76 / Subchapter 5 / Section 20-76-505
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1145,§ 5, eff. 8/16/2013. Acts 2005, No. 538, § 1.

Repealed by Act 2013, No. 1145,§ 5, eff. 8/16/2013.

Acts 2005, No. 538, § 1.
Ark. Code Ann. § 20-15-1106 — AR Code / Title 20 / Chapter 15 / Subchapter 11 / Section 20-15-1106
Coordination of services
Status: in_force

The Department of Health, the Division of Elementary and Secondary Education, and the Department of Human Services shall work cooperatively and develop a plan to coordinate early educational and rehabilitative services for newborn infants identified as Deaf, deaf, or Hard of Hearing. Amended by Act 2021, No. 84,§ 12, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 2287, eff. 7/1/2019. Acts 1993, No. 1096, § 6.

The Department of Health, the Division of Elementary and Secondary Education, and the Department of Human Services shall work cooperatively and develop a plan to coordinate early educational and rehabilitative services for newborn infants identified as Deaf, deaf, or Hard of Hearing.

Amended by Act 2021, No. 84,§ 12, eff. 7/28/2021.

Amended by Act 2019, No. 910,§ 2287, eff. 7/1/2019.

Acts 1993, No. 1096, § 6.
Ark. Code Ann. § 20-10-229 — AR Code / Title 20 / Chapter 10 / Subchapter 2 / Section 20-10-229
Annual disclosure statement - Requirement
Status: in_force

(a) Any person, corporation, partnership, or facility seeking a license or renewal to provide long-term care in this state shall furnish a current annual disclosure statement to all residents upon request or to all prospective residents upon request. (b) The statement shall be filed along with the annual application for licensure by March 1 of each year. (c) The statement shall be on forms and in a format as prescribed by the Department of Human Services and shall include the following information: (1) The name and business address of the facility and a statement as to whether the facility is a partnership, corporation, or other type of legal entity; (2) The names and business addresses of the officers, directors, trustees, managing or general partners, or any persons having a five percent (5%) or greater equity or beneficial interest in or of the facility and a description of each person's interest in or occupation with the facility; (3) A statement as to whether the facility, or any of its officers, directors, trustees, partners, or administrators, before the date of application: (A) Has ever been convicted of Medicare or Medicaid fraud or felony; (B) Has ever been convicted of fraud, embezzlement, fraudulent conversion, or misappropriation of property; or (C) Has had final administrative judgment on any Class A or Class B violations within the last two (2) years; (4) The location and description of the physical property or property of the facility; (5) The disclosure statement shall clearly state which services are included in basic care contracts for long-term care and which services are available at or by the facility at extra charge; and (6) A copy of the contract used by the facility. Acts 1989, No. 664, § 1; 2009, No. 216, § 3.

(a) Any person, corporation, partnership, or facility seeking a license or renewal to provide long-term care in this state shall furnish a current annual disclosure statement to all residents upon request or to all prospective residents upon request.

(b) The statement shall be filed along with the annual application for licensure by March 1 of each year.

(c) The statement shall be on forms and in a format as prescribed by the Department of Human Services and shall include the following information: (1) The name and business address of the facility and a statement as to whether the facility is a partnership, corporation, or other type of legal entity; (2) The names and business addresses of the officers, directors, trustees, managing or general partners, or any persons having a five percent (5%) or greater equity or beneficial interest in or of the facility and a description of each person's interest in or occupation with the facility; (3) A statement as to whether the facility, or any of its officers, directors, trustees, partners, or administrators, before the date of application: (A) Has ever been convicted of Medicare or Medicaid fraud or felony; (B) Has ever been convicted of fraud, embezzlement, fraudulent conversion, or misappropriation of property; or (C) Has had final administrative judgment on any Class A or Class B violations within the last two (2) years; (4) The location and description of the physical property or property of the facility; (5) The disclosure statement shall clearly state which services are included in basic care contracts for long-term care and which services are available at or by the facility at extra charge; and (6) A copy of the contract used by the facility.

(1) The name and business address of the facility and a statement as to whether the facility is a partnership, corporation, or other type of legal entity;

(2) The names and business addresses of the officers, directors, trustees, managing or general partners, or any persons having a five percent (5%) or greater equity or beneficial interest in or of the facility and a description of each person's interest in or occupation with the facility;

(3) A statement as to whether the facility, or any of its officers, directors, trustees, partners, or administrators, before the date of application: (A) Has ever been convicted of Medicare or Medicaid fraud or felony; (B) Has ever been convicted of fraud, embezzlement, fraudulent conversion, or misappropriation of property; or (C) Has had final administrative judgment on any Class A or Class B violations within the last two (2) years;

(A) Has ever been convicted of Medicare or Medicaid fraud or felony;

(B) Has ever been convicted of fraud, embezzlement, fraudulent conversion, or misappropriation of property; or

(C) Has had final administrative judgment on any Class A or Class B violations within the last two (2) years;

(4) The location and description of the physical property or property of the facility;

(5) The disclosure statement shall clearly state which services are included in basic care contracts for long-term care and which services are available at or by the facility at extra charge; and

(6) A copy of the contract used by the facility.

Acts 1989, No. 664, § 1; 2009, No. 216, § 3.
Ark. Code Ann. § 20-77-140 — AR Code / Title 20 / Chapter 77 / Subchapter 1 / Section 20-77-140
Primary care provider for Arkansas Medicaid Program - Advanced practice registered nurse
Status: in_force

(a) (1) The Arkansas Medicaid Program shall recognize an advanced practice registered nurse licensed by the Arkansas State Board of Nursing for all purposes as a primary care provider authorized to carry out the duties of a primary care case manager, except as provided under subdivision (a)(3) of this section. (2) Purposes under subdivision (a)(1) of this section include without limitation: (A) Being recognized as the initial healthcare provider in the program; (B) Performing initial diagnosis; (C) Acting as the team leader of family practice professionals and the patient-centered medical home; (D) Maintaining the medical records of a patient; (E) Ordering laboratory tests and records management as needed for patient care; (F) Providing preventive and periodic examinations within primary care; (G) Referring a patient to a physician, a specialist, or a hospital when necessary; and (H) Treating a patient within the scope of practice and licensure of an advanced practice registered nurse. (3) Purposes under subdivision (a)(1) of this section do not include owning a patient-centered medical home. (b) The program shall reimburse an advanced practice registered nurse: (1) Not less than the current reimbursement rate for services performed within the scope of practice and licensure of the advanced practice registered nurse; and (2) One hundred percent (100%) of the physician reimbursement rate for all out-of-pocket costs incurred by the advanced practice registered nurse such as the costs of laboratory tests, X-rays, and any additional tests ordered or conducted by the advanced practice registered nurse. (c) A healthcare insurance policy in which the premiums are paid directly or indirectly by the program also shall recognize and reimburse an advanced practice registered nurse under subsections (a) and (b) of this section. (d) This section does not increase the scope of practice or licensure of an advanced practice registered nurse. Added by Act 2021, No. 569,§ 1, eff. 7/28/2021.

(a) (1) The Arkansas Medicaid Program shall recognize an advanced practice registered nurse licensed by the Arkansas State Board of Nursing for all purposes as a primary care provider authorized to carry out the duties of a primary care case manager, except as provided under subdivision (a)(3) of this section. (2) Purposes under subdivision (a)(1) of this section include without limitation: (A) Being recognized as the initial healthcare provider in the program; (B) Performing initial diagnosis; (C) Acting as the team leader of family practice professionals and the patient-centered medical home; (D) Maintaining the medical records of a patient; (E) Ordering laboratory tests and records management as needed for patient care; (F) Providing preventive and periodic examinations within primary care; (G) Referring a patient to a physician, a specialist, or a hospital when necessary; and (H) Treating a patient within the scope of practice and licensure of an advanced practice registered nurse. (3) Purposes under subdivision (a)(1) of this section do not include owning a patient-centered medical home.

(1) The Arkansas Medicaid Program shall recognize an advanced practice registered nurse licensed by the Arkansas State Board of Nursing for all purposes as a primary care provider authorized to carry out the duties of a primary care case manager, except as provided under subdivision (a)(3) of this section.

(2) Purposes under subdivision (a)(1) of this section include without limitation: (A) Being recognized as the initial healthcare provider in the program; (B) Performing initial diagnosis; (C) Acting as the team leader of family practice professionals and the patient-centered medical home; (D) Maintaining the medical records of a patient; (E) Ordering laboratory tests and records management as needed for patient care; (F) Providing preventive and periodic examinations within primary care; (G) Referring a patient to a physician, a specialist, or a hospital when necessary; and (H) Treating a patient within the scope of practice and licensure of an advanced practice registered nurse.

(A) Being recognized as the initial healthcare provider in the program;

(B) Performing initial diagnosis;

(C) Acting as the team leader of family practice professionals and the patient-centered medical home;

(D) Maintaining the medical records of a patient;

(E) Ordering laboratory tests and records management as needed for patient care;

(F) Providing preventive and periodic examinations within primary care;

(G) Referring a patient to a physician, a specialist, or a hospital when necessary; and

(H) Treating a patient within the scope of practice and licensure of an advanced practice registered nurse.

(3) Purposes under subdivision (a)(1) of this section do not include owning a patient-centered medical home.

(b) The program shall reimburse an advanced practice registered nurse: (1) Not less than the current reimbursement rate for services performed within the scope of practice and licensure of the advanced practice registered nurse; and (2) One hundred percent (100%) of the physician reimbursement rate for all out-of-pocket costs incurred by the advanced practice registered nurse such as the costs of laboratory tests, X-rays, and any additional tests ordered or conducted by the advanced practice registered nurse.

(1) Not less than the current reimbursement rate for services performed within the scope of practice and licensure of the advanced practice registered nurse; and

(2) One hundred percent (100%) of the physician reimbursement rate for all out-of-pocket costs incurred by the advanced practice registered nurse such as the costs of laboratory tests, X-rays, and any additional tests ordered or conducted by the advanced practice registered nurse.

(c) A healthcare insurance policy in which the premiums are paid directly or indirectly by the program also shall recognize and reimburse an advanced practice registered nurse under subsections (a) and (b) of this section.

(d) This section does not increase the scope of practice or licensure of an advanced practice registered nurse.

Added by Act 2021, No. 569,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 20-77-2801 — AR Code / Title 20 / Chapter 77 / Subchapter 28 / Section 20-77-2801
Legislative findings and intent
Status: in_force

(a) The General Assembly finds that: (1) Emergency medical services constitute an invaluable part of the healthcare delivery system of Arkansas; (2) Emergency medical services will be a key element in any healthcare reform initiative; (3) Emergency medical services are a key component of any economic development program as emergency medical services are essential to recruiting and retaining industry; (4) Emergency medical services are a critical element of the emergency preparedness system within Arkansas; and (5) While containing the cost of funding within the Arkansas Medicaid Program and providing healthcare services for the poor and uninsured individuals of this state are vital interests, the challenges associated with appropriate reimbursement for emergency medical services under the Arkansas Medicaid Program are recognized. (b) It is the intent of the General Assembly to assure appropriate reimbursement by establishing an assessment on emergency medical services to preserve vital emergency medical services for all residents of Arkansas. Added by Act 2017, No. 969,§ 1, eff. 8/1/2017.

(a) The General Assembly finds that: (1) Emergency medical services constitute an invaluable part of the healthcare delivery system of Arkansas; (2) Emergency medical services will be a key element in any healthcare reform initiative; (3) Emergency medical services are a key component of any economic development program as emergency medical services are essential to recruiting and retaining industry; (4) Emergency medical services are a critical element of the emergency preparedness system within Arkansas; and (5) While containing the cost of funding within the Arkansas Medicaid Program and providing healthcare services for the poor and uninsured individuals of this state are vital interests, the challenges associated with appropriate reimbursement for emergency medical services under the Arkansas Medicaid Program are recognized.

(1) Emergency medical services constitute an invaluable part of the healthcare delivery system of Arkansas;

(2) Emergency medical services will be a key element in any healthcare reform initiative;

(3) Emergency medical services are a key component of any economic development program as emergency medical services are essential to recruiting and retaining industry;

(4) Emergency medical services are a critical element of the emergency preparedness system within Arkansas; and

(5) While containing the cost of funding within the Arkansas Medicaid Program and providing healthcare services for the poor and uninsured individuals of this state are vital interests, the challenges associated with appropriate reimbursement for emergency medical services under the Arkansas Medicaid Program are recognized.

(b) It is the intent of the General Assembly to assure appropriate reimbursement by establishing an assessment on emergency medical services to preserve vital emergency medical services for all residents of Arkansas.

Added by Act 2017, No. 969,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 20-76-436 — AR Code / Title 20 / Chapter 76 / Subchapter 4 / Section 20-76-436
Recovery of benefits from recipients' estates
Status: in_force

(a) (1) Federal or state benefits in cash or in kind, including, but not limited to, Medicaid, Aid to Families with Dependent Children [abolished], Transitional Employment Assistance Program, Temporary Assistance for Needy Families, and food stamps distributed or paid by the Department of Human Services as well as charges levied by the department for services rendered shall upon the death of the recipient constitute a debt to be paid. (2) The department may make a claim against the estate of a deceased recipient for the amount of any benefits distributed or paid or charges levied by the department. (b) (1) The department shall not seek recovery against the estate of a deceased recipient for the amount of any benefits distributed or paid or charges levied if the recovery is not cost effective or if the recovery causes an undue hardship on the heirs or devisees of the decedent's estate. (2) In determining the existence of an undue hardship, the department shall consider factors including without limitation the following: (A) The asset subject to recovery is the sole income-producing asset of a beneficiary of the estate; (B) Without receipt of the proceeds of the estate, a beneficiary would become eligible for federal or state benefits; (C) Allowing the beneficiary to receive the inheritance from the estate would enable the beneficiary to discontinue eligibility for federal or state benefits; (D) The asset subject to recovery is a home with a value of fifty percent (50%) or less of the average price of a home in the county where the homestead is located, as of the date of the deceased recipient's death; or (E) There are other compelling circumstances. (c) To the extent that there is a conflict between the criteria listed in subsection (b) of this section and the standards that may be specified by the United States Secretary of Health and Human Services, the federal standards shall prevail. (d) Applicants for federal or state benefits shall be notified in writing in prominent type on the application form that the department may make a claim against their estate. Amended by Act 2021, No. 570,§ 2, eff. 7/28/2021. Acts 1993, No. 415, § 1; 1997, No. 957, § 1; 1997, No. 1058, § 25; 2001, No. 1480, § 1; 2007, No. 243, § 2.

(a) (1) Federal or state benefits in cash or in kind, including, but not limited to, Medicaid, Aid to Families with Dependent Children [abolished], Transitional Employment Assistance Program, Temporary Assistance for Needy Families, and food stamps distributed or paid by the Department of Human Services as well as charges levied by the department for services rendered shall upon the death of the recipient constitute a debt to be paid. (2) The department may make a claim against the estate of a deceased recipient for the amount of any benefits distributed or paid or charges levied by the department.

(1) Federal or state benefits in cash or in kind, including, but not limited to, Medicaid, Aid to Families with Dependent Children [abolished], Transitional Employment Assistance Program, Temporary Assistance for Needy Families, and food stamps distributed or paid by the Department of Human Services as well as charges levied by the department for services rendered shall upon the death of the recipient constitute a debt to be paid.

(2) The department may make a claim against the estate of a deceased recipient for the amount of any benefits distributed or paid or charges levied by the department.

(b) (1) The department shall not seek recovery against the estate of a deceased recipient for the amount of any benefits distributed or paid or charges levied if the recovery is not cost effective or if the recovery causes an undue hardship on the heirs or devisees of the decedent's estate. (2) In determining the existence of an undue hardship, the department shall consider factors including without limitation the following: (A) The asset subject to recovery is the sole income-producing asset of a beneficiary of the estate; (B) Without receipt of the proceeds of the estate, a beneficiary would become eligible for federal or state benefits; (C) Allowing the beneficiary to receive the inheritance from the estate would enable the beneficiary to discontinue eligibility for federal or state benefits; (D) The asset subject to recovery is a home with a value of fifty percent (50%) or less of the average price of a home in the county where the homestead is located, as of the date of the deceased recipient's death; or (E) There are other compelling circumstances.

(1) The department shall not seek recovery against the estate of a deceased recipient for the amount of any benefits distributed or paid or charges levied if the recovery is not cost effective or if the recovery causes an undue hardship on the heirs or devisees of the decedent's estate.

(2) In determining the existence of an undue hardship, the department shall consider factors including without limitation the following: (A) The asset subject to recovery is the sole income-producing asset of a beneficiary of the estate; (B) Without receipt of the proceeds of the estate, a beneficiary would become eligible for federal or state benefits; (C) Allowing the beneficiary to receive the inheritance from the estate would enable the beneficiary to discontinue eligibility for federal or state benefits; (D) The asset subject to recovery is a home with a value of fifty percent (50%) or less of the average price of a home in the county where the homestead is located, as of the date of the deceased recipient's death; or (E) There are other compelling circumstances.

(A) The asset subject to recovery is the sole income-producing asset of a beneficiary of the estate;

(B) Without receipt of the proceeds of the estate, a beneficiary would become eligible for federal or state benefits;

(C) Allowing the beneficiary to receive the inheritance from the estate would enable the beneficiary to discontinue eligibility for federal or state benefits;

(D) The asset subject to recovery is a home with a value of fifty percent (50%) or less of the average price of a home in the county where the homestead is located, as of the date of the deceased recipient's death; or

(E) There are other compelling circumstances.

(c) To the extent that there is a conflict between the criteria listed in subsection (b) of this section and the standards that may be specified by the United States Secretary of Health and Human Services, the federal standards shall prevail.

(d) Applicants for federal or state benefits shall be notified in writing in prominent type on the application form that the department may make a claim against their estate.

Amended by Act 2021, No. 570,§ 2, eff. 7/28/2021.

Acts 1993, No. 415, § 1; 1997, No. 957, § 1; 1997, No. 1058, § 25; 2001, No. 1480, § 1; 2007, No. 243, § 2.
Ark. Code Ann. § 20-16-1402 — AR Code / Title 20 / Chapter 16 / Subchapter 14 / Section 20-16-1402
Definitions
Status: in_force

As used in this subchapter: (1) "Abortion" means the use or prescription of any instrument, medicine, drug, or any other substance or device: (A) To terminate the pregnancy of a woman known to be pregnant with an intention other than to: (i) Increase the probability of a live birth; (ii) Preserve the life or health of the child after live birth; or (iii) Remove a dead unborn child who died as the result of natural causes in utero, accidental trauma, or a criminal assault on the pregnant woman or her unborn child; and (B) Which causes the premature termination of the pregnancy; (2) "Attempt to perform or induce an abortion" means an act or an omission of a statutorily required act, that under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in the performance or induction of an abortion in this state in violation of this subchapter; (3) "Fertilization" means the fusion of a human spermatozoon with a human ovum; (4) (A) "Medical emergency" means a condition that, in reasonable medical judgment, so complicates the medical condition of the pregnant woman that it necessitates the immediate abortion of her pregnancy: (i) Without first determining post-fertilization age to avert the death of the pregnant woman; or (ii) For which the delay necessary to determine post-fertilization age will create serious risk of substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions. (B) "Medical emergency" does not include a condition based on a claim or diagnosis that a pregnant woman will engage in conduct which she intends to result in her death or in substantial and irreversible physical impairment of a major bodily function; (5) "Physician" means any person licensed to practice medicine and surgery or osteopathic medicine and surgery in this state; (6) "Post-fertilization age" means the age of the unborn child as calculated from the fertilization of the human ovum; (7) "Probable post-fertilization age of the unborn child" means what, in reasonable medical judgment, will, with reasonable probability, be the post-fertilization age of the unborn child at the time the abortion is planned to be performed or induced; (8) "Reasonable medical judgment" means a medical judgment that would be made by a reasonably prudent physician knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved; (9) "Unborn child" means an individual organism of the species Homo sapiens from fertilization until live birth; and (10) "Woman" means a female human being whether or not she has reached the age of majority. Added by Act 2013, No. 171,§ 1, eff. 2/28/2013.

As used in this subchapter:

(1) "Abortion" means the use or prescription of any instrument, medicine, drug, or any other substance or device: (A) To terminate the pregnancy of a woman known to be pregnant with an intention other than to: (i) Increase the probability of a live birth; (ii) Preserve the life or health of the child after live birth; or (iii) Remove a dead unborn child who died as the result of natural causes in utero, accidental trauma, or a criminal assault on the pregnant woman or her unborn child; and (B) Which causes the premature termination of the pregnancy;

(A) To terminate the pregnancy of a woman known to be pregnant with an intention other than to: (i) Increase the probability of a live birth; (ii) Preserve the life or health of the child after live birth; or (iii) Remove a dead unborn child who died as the result of natural causes in utero, accidental trauma, or a criminal assault on the pregnant woman or her unborn child; and

(i) Increase the probability of a live birth;

(ii) Preserve the life or health of the child after live birth; or

(iii) Remove a dead unborn child who died as the result of natural causes in utero, accidental trauma, or a criminal assault on the pregnant woman or her unborn child; and

(B) Which causes the premature termination of the pregnancy;

(2) "Attempt to perform or induce an abortion" means an act or an omission of a statutorily required act, that under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in the performance or induction of an abortion in this state in violation of this subchapter;

(3) "Fertilization" means the fusion of a human spermatozoon with a human ovum;

(4) (A) "Medical emergency" means a condition that, in reasonable medical judgment, so complicates the medical condition of the pregnant woman that it necessitates the immediate abortion of her pregnancy: (i) Without first determining post-fertilization age to avert the death of the pregnant woman; or (ii) For which the delay necessary to determine post-fertilization age will create serious risk of substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions. (B) "Medical emergency" does not include a condition based on a claim or diagnosis that a pregnant woman will engage in conduct which she intends to result in her death or in substantial and irreversible physical impairment of a major bodily function;

(A) "Medical emergency" means a condition that, in reasonable medical judgment, so complicates the medical condition of the pregnant woman that it necessitates the immediate abortion of her pregnancy: (i) Without first determining post-fertilization age to avert the death of the pregnant woman; or (ii) For which the delay necessary to determine post-fertilization age will create serious risk of substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions.

(i) Without first determining post-fertilization age to avert the death of the pregnant woman; or

(ii) For which the delay necessary to determine post-fertilization age will create serious risk of substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions.

(B) "Medical emergency" does not include a condition based on a claim or diagnosis that a pregnant woman will engage in conduct which she intends to result in her death or in substantial and irreversible physical impairment of a major bodily function;

(5) "Physician" means any person licensed to practice medicine and surgery or osteopathic medicine and surgery in this state;

(6) "Post-fertilization age" means the age of the unborn child as calculated from the fertilization of the human ovum;

(7) "Probable post-fertilization age of the unborn child" means what, in reasonable medical judgment, will, with reasonable probability, be the post-fertilization age of the unborn child at the time the abortion is planned to be performed or induced;

(8) "Reasonable medical judgment" means a medical judgment that would be made by a reasonably prudent physician knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved;

(9) "Unborn child" means an individual organism of the species Homo sapiens from fertilization until live birth; and

(10) "Woman" means a female human being whether or not she has reached the age of majority.

Added by Act 2013, No. 171,§ 1, eff. 2/28/2013.
Ark. Code Ann. § 20-77-1401 — AR Code / Title 20 / Chapter 77 / Subchapter 14 / Section 20-77-1401
Title
Status: in_force

This subchapter shall be known and may be cited as the "Prescription Drug Access Improvement Act". Acts 2001, No. 1658, § 1.

This subchapter shall be known and may be cited as the "Prescription Drug Access Improvement Act".

Acts 2001, No. 1658, § 1.
Ark. Code Ann. § 20-19-307 — AR Code / Title 20 / Chapter 19 / Subchapter 3 / Section 20-19-307
Confinement of animal when person bitten
Status: in_force

(a) (1) (A) Whenever the health authorities, county sheriff's office, or municipal police officers in cooperation with health authorities receive information that any person has been bitten by a dog, cat, or other animal that has not received a current vaccination against rabies or it is unknown if the dog, cat, or other animal has received a vaccination against rabies, these local public officials acting in cooperation shall have the dog or other animal confined and observed. (B) If the dog, cat, or other animal has received a current vaccination against rabies and the owner provides proof of the current vaccination, the owner may confine and observe the dog, cat, or other animal. (2) If there is no local facility available for confining the dog, cat, or other animal that has not received a current vaccination against rabies or it is unknown if the dog, cat, or other animal has received a vaccination against rabies, it shall be the owner's responsibility to make satisfactory arrangements or to prepare a facility for the purpose of confinement. (b) (1) The offending dog or cat shall be confined for a period of ten (10) days by a veterinarian or owner or public pound. (2) (A) All other species of animals are to be confined and observed for rabies in the same manner, except the time element will vary so as to compensate for the difference in the incubation period of the disease. (B) This adjusted time element is to be determined by consultation with the Department of Health. (C) If there is no known incubation period, the animal may be euthanized and tested at the discretion of the department. (3) The veterinarian, owner, or public pound management personnel shall notify the local public health authorities of the disposition of the dog or animal at the termination of the confinement. (c) (1) Any confinement and observation expense incurred in the handling of any dog, cat, or other animal under this subchapter shall be borne by the owner. (2) If the dog, cat, or other animal is a stray and has no owner, the confinement and observation expense shall be borne by the person bitten or, if a minor, by the head of the family. Amended by Act 2023, No. 522,§ 1, eff. 8/1/2023. Acts 1968 (1st Ex. Sess.), No. 11, § 3; 1975, No. 725, § 2; A.S.A. 1947, § 82-2403; Acts 2009, No. 159, § 5.

(a) (1) (A) Whenever the health authorities, county sheriff's office, or municipal police officers in cooperation with health authorities receive information that any person has been bitten by a dog, cat, or other animal that has not received a current vaccination against rabies or it is unknown if the dog, cat, or other animal has received a vaccination against rabies, these local public officials acting in cooperation shall have the dog or other animal confined and observed. (B) If the dog, cat, or other animal has received a current vaccination against rabies and the owner provides proof of the current vaccination, the owner may confine and observe the dog, cat, or other animal. (2) If there is no local facility available for confining the dog, cat, or other animal that has not received a current vaccination against rabies or it is unknown if the dog, cat, or other animal has received a vaccination against rabies, it shall be the owner's responsibility to make satisfactory arrangements or to prepare a facility for the purpose of confinement.

(1) (A) Whenever the health authorities, county sheriff's office, or municipal police officers in cooperation with health authorities receive information that any person has been bitten by a dog, cat, or other animal that has not received a current vaccination against rabies or it is unknown if the dog, cat, or other animal has received a vaccination against rabies, these local public officials acting in cooperation shall have the dog or other animal confined and observed. (B) If the dog, cat, or other animal has received a current vaccination against rabies and the owner provides proof of the current vaccination, the owner may confine and observe the dog, cat, or other animal.

(A) Whenever the health authorities, county sheriff's office, or municipal police officers in cooperation with health authorities receive information that any person has been bitten by a dog, cat, or other animal that has not received a current vaccination against rabies or it is unknown if the dog, cat, or other animal has received a vaccination against rabies, these local public officials acting in cooperation shall have the dog or other animal confined and observed.

(B) If the dog, cat, or other animal has received a current vaccination against rabies and the owner provides proof of the current vaccination, the owner may confine and observe the dog, cat, or other animal.

(2) If there is no local facility available for confining the dog, cat, or other animal that has not received a current vaccination against rabies or it is unknown if the dog, cat, or other animal has received a vaccination against rabies, it shall be the owner's responsibility to make satisfactory arrangements or to prepare a facility for the purpose of confinement.

(b) (1) The offending dog or cat shall be confined for a period of ten (10) days by a veterinarian or owner or public pound. (2) (A) All other species of animals are to be confined and observed for rabies in the same manner, except the time element will vary so as to compensate for the difference in the incubation period of the disease. (B) This adjusted time element is to be determined by consultation with the Department of Health. (C) If there is no known incubation period, the animal may be euthanized and tested at the discretion of the department. (3) The veterinarian, owner, or public pound management personnel shall notify the local public health authorities of the disposition of the dog or animal at the termination of the confinement.

(1) The offending dog or cat shall be confined for a period of ten (10) days by a veterinarian or owner or public pound.

(2) (A) All other species of animals are to be confined and observed for rabies in the same manner, except the time element will vary so as to compensate for the difference in the incubation period of the disease. (B) This adjusted time element is to be determined by consultation with the Department of Health. (C) If there is no known incubation period, the animal may be euthanized and tested at the discretion of the department.

(A) All other species of animals are to be confined and observed for rabies in the same manner, except the time element will vary so as to compensate for the difference in the incubation period of the disease.

(B) This adjusted time element is to be determined by consultation with the Department of Health.

(C) If there is no known incubation period, the animal may be euthanized and tested at the discretion of the department.

(3) The veterinarian, owner, or public pound management personnel shall notify the local public health authorities of the disposition of the dog or animal at the termination of the confinement.

(c) (1) Any confinement and observation expense incurred in the handling of any dog, cat, or other animal under this subchapter shall be borne by the owner. (2) If the dog, cat, or other animal is a stray and has no owner, the confinement and observation expense shall be borne by the person bitten or, if a minor, by the head of the family.

(1) Any confinement and observation expense incurred in the handling of any dog, cat, or other animal under this subchapter shall be borne by the owner.

(2) If the dog, cat, or other animal is a stray and has no owner, the confinement and observation expense shall be borne by the person bitten or, if a minor, by the head of the family.

Amended by Act 2023, No. 522,§ 1, eff. 8/1/2023.

Acts 1968 (1st Ex. Sess.), No. 11, § 3; 1975, No. 725, § 2; A.S.A. 1947, § 82-2403; Acts 2009, No. 159, § 5.