Ark. Code Ann. § 20-18-410 — AR Code / Title 20 / Chapter 18 / Subchapter 4 / Section 20-18-410
Certificate of birth resulting in stillbirth - Definitions
Status: in_force

(a) As used in this section: (1) "Certificate of birth resulting in stillbirth" means a birth certificate issued to record the birth of a stillborn child; and (2) "Stillbirth" means an unintended, intrauterine fetal death occurring in this state after a gestational age of not less than twelve (12) completed weeks. (b) A person who is required to file a fetal death certificate under § 20-18-603 shall advise the parent or parents of a stillborn child: (1) That a parent may but is not required to request the preparation of a certificate of birth resulting in stillbirth; (2) That a parent may obtain a certificate of birth resulting in stillbirth by contacting the Division of Vital Records to request the certificate and paying the required fee; and (3) Regarding the way in which a parent may contact the division to request the certificate of birth resulting in stillbirth. (c) (1) If a parent requests that a certificate of birth resulting in stillbirth be prepared, the parent may provide a name for a stillborn child to be included on the certificate of birth resulting in stillbirth. (2) If the requesting parent does not wish to provide a name, the division shall fill in the certificate with the name "baby boy" or "baby girl" and the last name of the requesting parent. (3) The name of the stillborn child provided on or later added by amendment to the certificate of birth resulting in stillbirth shall be the same name as appears on the original or amended fetal death certificate. (d) A certificate of birth resulting in stillbirth shall include the state file number of the corresponding fetal death certificate. (e) The division shall prescribe the form and content of a certificate of birth resulting in stillbirth and shall specify the information necessary to prepare the certificate. (f) The division shall not use a certificate of birth resulting in stillbirth to calculate live birth statistics. (g) If a fetal death certificate was issued for a stillbirth, a parent may request that the division issue a certificate of birth resulting in stillbirth without regard to the date on which the fetal death certificate was issued. (h) The division shall prescribe the form and content of a certificate of birth resulting in stillbirth. (i) A parent may request the division to prepare and issue a certificate of birth resulting in stillbirth without regard to whether the fetal death occurred on or before July 31, 2007. Amended by Act 2017, No. 168,§ 1, eff. 8/1/2017. Acts 2007, No. 509, § 1.

(a) As used in this section: (1) "Certificate of birth resulting in stillbirth" means a birth certificate issued to record the birth of a stillborn child; and (2) "Stillbirth" means an unintended, intrauterine fetal death occurring in this state after a gestational age of not less than twelve (12) completed weeks.

(1) "Certificate of birth resulting in stillbirth" means a birth certificate issued to record the birth of a stillborn child; and

(2) "Stillbirth" means an unintended, intrauterine fetal death occurring in this state after a gestational age of not less than twelve (12) completed weeks.

(b) A person who is required to file a fetal death certificate under § 20-18-603 shall advise the parent or parents of a stillborn child: (1) That a parent may but is not required to request the preparation of a certificate of birth resulting in stillbirth; (2) That a parent may obtain a certificate of birth resulting in stillbirth by contacting the Division of Vital Records to request the certificate and paying the required fee; and (3) Regarding the way in which a parent may contact the division to request the certificate of birth resulting in stillbirth.

(1) That a parent may but is not required to request the preparation of a certificate of birth resulting in stillbirth;

(2) That a parent may obtain a certificate of birth resulting in stillbirth by contacting the Division of Vital Records to request the certificate and paying the required fee; and

(3) Regarding the way in which a parent may contact the division to request the certificate of birth resulting in stillbirth.

(c) (1) If a parent requests that a certificate of birth resulting in stillbirth be prepared, the parent may provide a name for a stillborn child to be included on the certificate of birth resulting in stillbirth. (2) If the requesting parent does not wish to provide a name, the division shall fill in the certificate with the name "baby boy" or "baby girl" and the last name of the requesting parent. (3) The name of the stillborn child provided on or later added by amendment to the certificate of birth resulting in stillbirth shall be the same name as appears on the original or amended fetal death certificate.

(1) If a parent requests that a certificate of birth resulting in stillbirth be prepared, the parent may provide a name for a stillborn child to be included on the certificate of birth resulting in stillbirth.

(2) If the requesting parent does not wish to provide a name, the division shall fill in the certificate with the name "baby boy" or "baby girl" and the last name of the requesting parent.

(3) The name of the stillborn child provided on or later added by amendment to the certificate of birth resulting in stillbirth shall be the same name as appears on the original or amended fetal death certificate.

(d) A certificate of birth resulting in stillbirth shall include the state file number of the corresponding fetal death certificate.

(e) The division shall prescribe the form and content of a certificate of birth resulting in stillbirth and shall specify the information necessary to prepare the certificate.

(f) The division shall not use a certificate of birth resulting in stillbirth to calculate live birth statistics.

(g) If a fetal death certificate was issued for a stillbirth, a parent may request that the division issue a certificate of birth resulting in stillbirth without regard to the date on which the fetal death certificate was issued.

(h) The division shall prescribe the form and content of a certificate of birth resulting in stillbirth.

(i) A parent may request the division to prepare and issue a certificate of birth resulting in stillbirth without regard to whether the fetal death occurred on or before July 31, 2007.

Amended by Act 2017, No. 168,§ 1, eff. 8/1/2017.

Acts 2007, No. 509, § 1.
Ark. Code Ann. § 20-7-108 — AR Code / Title 20 / Chapter 7 / Subchapter 1 / Section 20-7-108
Engagement of certain personnel
Status: in_force

The Department of Health may engage suitable persons to render sanitary service, to make or supervise practical and scientific investigations and examinations requiring expert skill, and to prepare plans and to report relative to sanitary service. Amended by Act 2019, No. 910,§ 4927, eff. 7/1/2019. Acts 1881, No. 85, § 10, p. 177; C. & M. Dig., § 5132; Pope's Dig., § 6403; A.S.A. 1947, § 82-114.

The Department of Health may engage suitable persons to render sanitary service, to make or supervise practical and scientific investigations and examinations requiring expert skill, and to prepare plans and to report relative to sanitary service.

Amended by Act 2019, No. 910,§ 4927, eff. 7/1/2019.

Acts 1881, No. 85, § 10, p. 177; C. & M. Dig., § 5132; Pope's Dig., § 6403; A.S.A. 1947, § 82-114.
Ark. Code Ann. § 20-9-204 — AR Code / Title 20 / Chapter 9 / Subchapter 2 / Section 20-9-204
Administration by Division of Health Facilities Services
Status: in_force

(a) There is established in the Department of Health a Division of Health Facilities Services, which shall be administered by a full-time salaried administrator under the supervision and direction of the Secretary of the Department of Health. (b) The Department of Health, through the division, is the sole agency of the state for the purpose of: (1) Making an inventory of existing hospitals and medical facilities, surveying the need for construction of hospitals and medical facilities, and developing a program of construction as provided in this subchapter; (2) Developing and administering a state plan for the construction of public and other nonprofit hospitals and medical facilities as provided; and (3) Inspecting, regulating, and licensing hospitals and institutions. Amended by Act 2019, No. 910,§ 4968, eff. 7/1/2019. Acts 1961, No. 414, § 3; A.S.A. 1947, § 82-329.

(a) There is established in the Department of Health a Division of Health Facilities Services, which shall be administered by a full-time salaried administrator under the supervision and direction of the Secretary of the Department of Health.

(b) The Department of Health, through the division, is the sole agency of the state for the purpose of: (1) Making an inventory of existing hospitals and medical facilities, surveying the need for construction of hospitals and medical facilities, and developing a program of construction as provided in this subchapter; (2) Developing and administering a state plan for the construction of public and other nonprofit hospitals and medical facilities as provided; and (3) Inspecting, regulating, and licensing hospitals and institutions.

(1) Making an inventory of existing hospitals and medical facilities, surveying the need for construction of hospitals and medical facilities, and developing a program of construction as provided in this subchapter;

(2) Developing and administering a state plan for the construction of public and other nonprofit hospitals and medical facilities as provided; and

(3) Inspecting, regulating, and licensing hospitals and institutions.

Amended by Act 2019, No. 910,§ 4968, eff. 7/1/2019.

Acts 1961, No. 414, § 3; A.S.A. 1947, § 82-329.
Ark. Code Ann. § 20-24-107 — AR Code / Title 20 / Chapter 24 / Section 20-24-107
Elevator Safety Board - Adoption and amendment of rules
Status: in_force

(a) (1) A public hearing shall be held by the Elevator Safety Board before the adoption of any rules authorized by this chapter. (2) Copies of such rules as are proposed by the board for adoption shall be made available to all interested parties at least thirty (30) days before the hearing. (3) Notice of each hearing shall be published not less than fifteen (15) days before the date assigned for the hearing. (4) The rules adopted by the board shall be effective and shall be applicable on and after the effective date specified by the board but in no case less than three (3) months after the adoption by the board. (b) The rules adopted by the board shall be amended or repealed in the same manner in which they are adopted. (c) (1) No amendment shall be made to the rules adopted by the board unless public hearings are held as provided in subsection (a) of this section. (2) (A) Any person engaged in the inspection, alteration, construction, repair, or operation of elevators, dumbwaiters, or escalators, or any owner, insurer, or lessee thereof, may, from time to time, by written petition to the Secretary of the Department of Labor and Licensing, request that any rules adopted by the board under subsection (a) of this section be amended, or the secretary shall refer the petition to the board for its consideration and recommendation. (B) The board shall hold public hearings with respect to the subject matter of the petition and shall thereafter approve or disapprove the petition. (3) The amendments approved by the board shall become effective as provided in this section. Amended by Act 2019, No. 315,§ 2070, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2069, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2068, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2067, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5472, eff. 7/1/2019. Acts 1963, No. 189, §§ 2, 13; 1965, No. 72, § 1; A.S.A. 1947, §§ 82-1802, 82-1813.

(a) (1) A public hearing shall be held by the Elevator Safety Board before the adoption of any rules authorized by this chapter. (2) Copies of such rules as are proposed by the board for adoption shall be made available to all interested parties at least thirty (30) days before the hearing. (3) Notice of each hearing shall be published not less than fifteen (15) days before the date assigned for the hearing. (4) The rules adopted by the board shall be effective and shall be applicable on and after the effective date specified by the board but in no case less than three (3) months after the adoption by the board.

(1) A public hearing shall be held by the Elevator Safety Board before the adoption of any rules authorized by this chapter.

(2) Copies of such rules as are proposed by the board for adoption shall be made available to all interested parties at least thirty (30) days before the hearing.

(3) Notice of each hearing shall be published not less than fifteen (15) days before the date assigned for the hearing.

(4) The rules adopted by the board shall be effective and shall be applicable on and after the effective date specified by the board but in no case less than three (3) months after the adoption by the board.

(b) The rules adopted by the board shall be amended or repealed in the same manner in which they are adopted.

(c) (1) No amendment shall be made to the rules adopted by the board unless public hearings are held as provided in subsection (a) of this section. (2) (A) Any person engaged in the inspection, alteration, construction, repair, or operation of elevators, dumbwaiters, or escalators, or any owner, insurer, or lessee thereof, may, from time to time, by written petition to the Secretary of the Department of Labor and Licensing, request that any rules adopted by the board under subsection (a) of this section be amended, or the secretary shall refer the petition to the board for its consideration and recommendation. (B) The board shall hold public hearings with respect to the subject matter of the petition and shall thereafter approve or disapprove the petition. (3) The amendments approved by the board shall become effective as provided in this section.

(1) No amendment shall be made to the rules adopted by the board unless public hearings are held as provided in subsection (a) of this section.

(2) (A) Any person engaged in the inspection, alteration, construction, repair, or operation of elevators, dumbwaiters, or escalators, or any owner, insurer, or lessee thereof, may, from time to time, by written petition to the Secretary of the Department of Labor and Licensing, request that any rules adopted by the board under subsection (a) of this section be amended, or the secretary shall refer the petition to the board for its consideration and recommendation. (B) The board shall hold public hearings with respect to the subject matter of the petition and shall thereafter approve or disapprove the petition.

(A) Any person engaged in the inspection, alteration, construction, repair, or operation of elevators, dumbwaiters, or escalators, or any owner, insurer, or lessee thereof, may, from time to time, by written petition to the Secretary of the Department of Labor and Licensing, request that any rules adopted by the board under subsection (a) of this section be amended, or the secretary shall refer the petition to the board for its consideration and recommendation.

(B) The board shall hold public hearings with respect to the subject matter of the petition and shall thereafter approve or disapprove the petition.

(3) The amendments approved by the board shall become effective as provided in this section.

Amended by Act 2019, No. 315,§ 2070, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2069, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2068, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2067, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5472, eff. 7/1/2019.

Acts 1963, No. 189, §§ 2, 13; 1965, No. 72, § 1; A.S.A. 1947, §§ 82-1802, 82-1813.
Ark. Code Ann. § 20-48-504 — AR Code / Title 20 / Chapter 48 / Subchapter 5 / Section 20-48-504
Procedure for issuing revenue bonds
Status: in_force

(a) (1) Revenue bonds may be issued from time to time for any of the purposes set forth in § 20-48-502 . (2) Each issue shall be authorized by resolution of the Board of Developmental Disabilities Services. (3) (A) The bonds of each issue shall be coupon bonds payable to bearer but may be made subject to registration as to principal only, except as otherwise provided in subsection (e) of this section, may be issued in one (1) or more series, may bear such date or dates, may mature at such time or times, may bear interest at such rate or rates, may be in such form, may be executed in such manner, may be payable in such medium of payment, at such place or places, may be subject to such terms of redemption, and may contain such terms, covenants, and conditions as the resolution may provide. (B) The resolution may contain terms, covenants, and conditions, including without limitation those pertaining to the custody and application of the proceeds of the bonds, the collection and disposition of revenues, the maintenance and investment of various funds and reserves, the nature and extent of the security, the rights, duties, and obligations of the board and the trustee for the holders or registered owners of the bonds, and the rights of the holders or registered owners of the bonds. (4) Priority as to lien on revenues between and among successive issues may be controlled by the resolution authorizing the issuance of each issue of bonds. (5) The bonds shall have all the qualities of negotiable instruments under the negotiable instrument laws of this state. (b) Each resolution authorizing the issuance of any issue of bonds may provide for the execution by the board of an indenture which defines the rights of the bondholders and provides for the appointment of a trustee for the bondholders. The indenture may control priority as to lien on revenues between successive issues and may contain any other terms, covenants, and conditions that are deemed desirable, including, without limitation, those pertaining to the custody and application of the proceeds of the bonds, the collection and disposition of revenues, the maintenance of various funds and reserves, the nature and extent of the security, the rights, duties, and obligations of the board and the trustee for the holders or registered owners of the bonds, and the rights of the holders or registered owners of the bonds. (c) The bonds may be sold at public or private sale for such price, including, without limitation, sale at a discount, and in such manner as the board may determine by resolution. (d) The bonds shall be executed by the chair and the executive secretary of the board and in case any of the officers whose signatures appear on the bonds or coupons shall cease to be such officers before the delivery of the bonds of any issue, the signature shall nevertheless be valid and sufficient for all purposes. The coupons attached to the bonds shall be executed by the facsimile signature of the chair of the board. (e) (1) In the resolution authorizing the issuance of any issue of bonds, the board may provide for the initial issuance of one (1) or more bonds aggregating the principal amount of the entire issue and may, in the resolution, make such provisions for installment payments of the principal amount of the bonds as it may consider desirable and may provide for the making of the bonds payable to bearer or otherwise, registrable as to principal or as to both principal and interest, and where interest accruing thereon is not represented by interest coupons, for the endorsement of payment of interest on such bonds. (2) The board may make provision in the resolution for the manner and circumstances in which and under which the bonds may in the future at the request of the holders thereof be converted into bonds of smaller denomination, which bonds of smaller denomination may in turn be either coupon bonds or bonds registrable as to principal or registrable as to principal and interest. Acts 1963, No. 186, § 3; 1970 (Ex. Sess.), No. 56, §§ 1, 2; 1975, No. 225, § 16; 1981, No. 425, § 16; A.S.A. 1947, § 59-1119.

(a) (1) Revenue bonds may be issued from time to time for any of the purposes set forth in § 20-48-502 . (2) Each issue shall be authorized by resolution of the Board of Developmental Disabilities Services. (3) (A) The bonds of each issue shall be coupon bonds payable to bearer but may be made subject to registration as to principal only, except as otherwise provided in subsection (e) of this section, may be issued in one (1) or more series, may bear such date or dates, may mature at such time or times, may bear interest at such rate or rates, may be in such form, may be executed in such manner, may be payable in such medium of payment, at such place or places, may be subject to such terms of redemption, and may contain such terms, covenants, and conditions as the resolution may provide. (B) The resolution may contain terms, covenants, and conditions, including without limitation those pertaining to the custody and application of the proceeds of the bonds, the collection and disposition of revenues, the maintenance and investment of various funds and reserves, the nature and extent of the security, the rights, duties, and obligations of the board and the trustee for the holders or registered owners of the bonds, and the rights of the holders or registered owners of the bonds. (4) Priority as to lien on revenues between and among successive issues may be controlled by the resolution authorizing the issuance of each issue of bonds. (5) The bonds shall have all the qualities of negotiable instruments under the negotiable instrument laws of this state.

(1) Revenue bonds may be issued from time to time for any of the purposes set forth in § 20-48-502 .

(2) Each issue shall be authorized by resolution of the Board of Developmental Disabilities Services.

(3) (A) The bonds of each issue shall be coupon bonds payable to bearer but may be made subject to registration as to principal only, except as otherwise provided in subsection (e) of this section, may be issued in one (1) or more series, may bear such date or dates, may mature at such time or times, may bear interest at such rate or rates, may be in such form, may be executed in such manner, may be payable in such medium of payment, at such place or places, may be subject to such terms of redemption, and may contain such terms, covenants, and conditions as the resolution may provide. (B) The resolution may contain terms, covenants, and conditions, including without limitation those pertaining to the custody and application of the proceeds of the bonds, the collection and disposition of revenues, the maintenance and investment of various funds and reserves, the nature and extent of the security, the rights, duties, and obligations of the board and the trustee for the holders or registered owners of the bonds, and the rights of the holders or registered owners of the bonds.

(A) The bonds of each issue shall be coupon bonds payable to bearer but may be made subject to registration as to principal only, except as otherwise provided in subsection (e) of this section, may be issued in one (1) or more series, may bear such date or dates, may mature at such time or times, may bear interest at such rate or rates, may be in such form, may be executed in such manner, may be payable in such medium of payment, at such place or places, may be subject to such terms of redemption, and may contain such terms, covenants, and conditions as the resolution may provide.

(B) The resolution may contain terms, covenants, and conditions, including without limitation those pertaining to the custody and application of the proceeds of the bonds, the collection and disposition of revenues, the maintenance and investment of various funds and reserves, the nature and extent of the security, the rights, duties, and obligations of the board and the trustee for the holders or registered owners of the bonds, and the rights of the holders or registered owners of the bonds.

(4) Priority as to lien on revenues between and among successive issues may be controlled by the resolution authorizing the issuance of each issue of bonds.

(5) The bonds shall have all the qualities of negotiable instruments under the negotiable instrument laws of this state.

(b) Each resolution authorizing the issuance of any issue of bonds may provide for the execution by the board of an indenture which defines the rights of the bondholders and provides for the appointment of a trustee for the bondholders. The indenture may control priority as to lien on revenues between successive issues and may contain any other terms, covenants, and conditions that are deemed desirable, including, without limitation, those pertaining to the custody and application of the proceeds of the bonds, the collection and disposition of revenues, the maintenance of various funds and reserves, the nature and extent of the security, the rights, duties, and obligations of the board and the trustee for the holders or registered owners of the bonds, and the rights of the holders or registered owners of the bonds.

(c) The bonds may be sold at public or private sale for such price, including, without limitation, sale at a discount, and in such manner as the board may determine by resolution.

(d) The bonds shall be executed by the chair and the executive secretary of the board and in case any of the officers whose signatures appear on the bonds or coupons shall cease to be such officers before the delivery of the bonds of any issue, the signature shall nevertheless be valid and sufficient for all purposes. The coupons attached to the bonds shall be executed by the facsimile signature of the chair of the board.

(e) (1) In the resolution authorizing the issuance of any issue of bonds, the board may provide for the initial issuance of one (1) or more bonds aggregating the principal amount of the entire issue and may, in the resolution, make such provisions for installment payments of the principal amount of the bonds as it may consider desirable and may provide for the making of the bonds payable to bearer or otherwise, registrable as to principal or as to both principal and interest, and where interest accruing thereon is not represented by interest coupons, for the endorsement of payment of interest on such bonds. (2) The board may make provision in the resolution for the manner and circumstances in which and under which the bonds may in the future at the request of the holders thereof be converted into bonds of smaller denomination, which bonds of smaller denomination may in turn be either coupon bonds or bonds registrable as to principal or registrable as to principal and interest.

(1) In the resolution authorizing the issuance of any issue of bonds, the board may provide for the initial issuance of one (1) or more bonds aggregating the principal amount of the entire issue and may, in the resolution, make such provisions for installment payments of the principal amount of the bonds as it may consider desirable and may provide for the making of the bonds payable to bearer or otherwise, registrable as to principal or as to both principal and interest, and where interest accruing thereon is not represented by interest coupons, for the endorsement of payment of interest on such bonds.

(2) The board may make provision in the resolution for the manner and circumstances in which and under which the bonds may in the future at the request of the holders thereof be converted into bonds of smaller denomination, which bonds of smaller denomination may in turn be either coupon bonds or bonds registrable as to principal or registrable as to principal and interest.

Acts 1963, No. 186, § 3; 1970 (Ex. Sess.), No. 56, §§ 1, 2; 1975, No. 225, § 16; 1981, No. 425, § 16; A.S.A. 1947, § 59-1119.
Ark. Code Ann. § 20-77-506 — AR Code / Title 20 / Chapter 77 / Subchapter 5 / Section 20-77-506
Right of freedom of choice
Status: in_force

(a) Every person eligible for an eye examination, the payment for which shall or may be made out of public money, is guaranteed his or her freedom of choice between persons licensed under the laws governing the practice of optometry, § 17-90-101 et seq., and persons licensed under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq. (b) Every person eligible for an ear examination the payment for which shall or may be made out of public money is guaranteed his or her freedom of choice between persons licensed under the Licensure Act of Speech-Language Pathologists and Audiologists, § 17-100-101 et seq., or persons licensed under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq. Acts 1973, No. 10, § 1; A.S.A. 1947, § 83-1001; Acts 2003, No. 1455, § 1.

(a) Every person eligible for an eye examination, the payment for which shall or may be made out of public money, is guaranteed his or her freedom of choice between persons licensed under the laws governing the practice of optometry, § 17-90-101 et seq., and persons licensed under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq.

(b) Every person eligible for an ear examination the payment for which shall or may be made out of public money is guaranteed his or her freedom of choice between persons licensed under the Licensure Act of Speech-Language Pathologists and Audiologists, § 17-100-101 et seq., or persons licensed under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq.

Acts 1973, No. 10, § 1; A.S.A. 1947, § 83-1001; Acts 2003, No. 1455, § 1.
Ark. Code Ann. § 20-48-702 — AR Code / Title 20 / Chapter 48 / Subchapter 7 / Section 20-48-702
Reimbursement rate structure
Status: in_force

(a) (1) To provide viable options for an array of community-based services for individuals with developmental disabilities, the Department of Human Services, subject to state and federal funding restrictions, shall establish a reimbursement rate structure for contracting with community programs licensed by the Board of Developmental Disabilities Services that will cover costs of all federal and state mandates for which they are held responsible by the department and for any additionally required processes the department may elect to implement for cost containment and management purposes over and above the established reimbursement rates for costs of treatment services. (2) By January 1, 2002, the department will design and conduct a rate and cost-of-service review of the reasonable and efficient prospective costs necessarily incurred to provide Medicaid-covered and state-covered services within the community to individuals with developmental disabilities. Subject to federal and state funding restrictions, the department will fund Medicaid services for persons with developmental disabilities in accordance with findings contained in the review and provide state funds for those services to which the individuals are entitled under federal and state laws that are not covered by the Medicaid program. By June 30, 2002, the department will adopt regulations and standards, approved pursuant to this subchapter, which clearly define the state's responsibility to individuals eligible for services under federal laws, including, but not limited to, the Americans With Disabilities Act of 1990, Pub. L. No. 101-336; Section 504 of the Rehabilitation Act of 1973, Pub. L. No. 93-112; and state laws, including §§ 20-14-502 , 20-48-101 , and 20-48-603 , and more specifically: (A) The categories of services and service limits on each category which will be provided through the Medicaid state plan; and (B) The categories of services and service limits which will be provided with state general revenue funds or funds that are applicable for provider client services, or both. (3) There shall be a quarterly progress report to the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor by the department on the categories of services and respective service limits, service eligibility guidelines for each service component, and the rate structure based on prospective costs. (4) Nothing in this subchapter shall be construed to imply the adoption of cost-reimbursement methodology as opposed to a reasonable and necessary rate structure based on prospective costs. However, in the event that the Division of Medical Services of the Department of Human Services develops a new funding mechanism for community-based services provided through the University of Arkansas for Medical Sciences which is a full-cost reimbursement methodology with additional state matching funds provided by existing revenues within that system: (A) The new service model shall be developed to interface with the existing community-based programs through interagency agreements that enhance and broaden the level of care without duplicating services in communities which already have an array of services for children from birth to twenty-one (21) years of age; and (B) The university will staff twelve (12) regional clinics, provided the pediatric specialists are available at the university. These will be conducted on a quarterly basis in coordination with local providers to provide diagnosis, evaluation, and consultation by the pediatric specialists employed by the university to the local professional staffs of community programs. The reimbursement for the costs of conducting these outreach clinics must be fully funded by the cost-reimbursement methodology under any new funding model developed for the university by the department. (b) Subject to state and federal funding restrictions, the reimbursement rates shall be revised annually with market-basket rate adjustments to provide resources to the community-based programs necessary to provide persons choosing community-based services quality care assurance in a safe, healthy environment. Acts 2001, No. 1792, § 2.

(a) (1) To provide viable options for an array of community-based services for individuals with developmental disabilities, the Department of Human Services, subject to state and federal funding restrictions, shall establish a reimbursement rate structure for contracting with community programs licensed by the Board of Developmental Disabilities Services that will cover costs of all federal and state mandates for which they are held responsible by the department and for any additionally required processes the department may elect to implement for cost containment and management purposes over and above the established reimbursement rates for costs of treatment services. (2) By January 1, 2002, the department will design and conduct a rate and cost-of-service review of the reasonable and efficient prospective costs necessarily incurred to provide Medicaid-covered and state-covered services within the community to individuals with developmental disabilities. Subject to federal and state funding restrictions, the department will fund Medicaid services for persons with developmental disabilities in accordance with findings contained in the review and provide state funds for those services to which the individuals are entitled under federal and state laws that are not covered by the Medicaid program. By June 30, 2002, the department will adopt regulations and standards, approved pursuant to this subchapter, which clearly define the state's responsibility to individuals eligible for services under federal laws, including, but not limited to, the Americans With Disabilities Act of 1990, Pub. L. No. 101-336; Section 504 of the Rehabilitation Act of 1973, Pub. L. No. 93-112; and state laws, including §§ 20-14-502 , 20-48-101 , and 20-48-603 , and more specifically: (A) The categories of services and service limits on each category which will be provided through the Medicaid state plan; and (B) The categories of services and service limits which will be provided with state general revenue funds or funds that are applicable for provider client services, or both. (3) There shall be a quarterly progress report to the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor by the department on the categories of services and respective service limits, service eligibility guidelines for each service component, and the rate structure based on prospective costs. (4) Nothing in this subchapter shall be construed to imply the adoption of cost-reimbursement methodology as opposed to a reasonable and necessary rate structure based on prospective costs. However, in the event that the Division of Medical Services of the Department of Human Services develops a new funding mechanism for community-based services provided through the University of Arkansas for Medical Sciences which is a full-cost reimbursement methodology with additional state matching funds provided by existing revenues within that system: (A) The new service model shall be developed to interface with the existing community-based programs through interagency agreements that enhance and broaden the level of care without duplicating services in communities which already have an array of services for children from birth to twenty-one (21) years of age; and (B) The university will staff twelve (12) regional clinics, provided the pediatric specialists are available at the university. These will be conducted on a quarterly basis in coordination with local providers to provide diagnosis, evaluation, and consultation by the pediatric specialists employed by the university to the local professional staffs of community programs. The reimbursement for the costs of conducting these outreach clinics must be fully funded by the cost-reimbursement methodology under any new funding model developed for the university by the department.

(1) To provide viable options for an array of community-based services for individuals with developmental disabilities, the Department of Human Services, subject to state and federal funding restrictions, shall establish a reimbursement rate structure for contracting with community programs licensed by the Board of Developmental Disabilities Services that will cover costs of all federal and state mandates for which they are held responsible by the department and for any additionally required processes the department may elect to implement for cost containment and management purposes over and above the established reimbursement rates for costs of treatment services.

(2) By January 1, 2002, the department will design and conduct a rate and cost-of-service review of the reasonable and efficient prospective costs necessarily incurred to provide Medicaid-covered and state-covered services within the community to individuals with developmental disabilities. Subject to federal and state funding restrictions, the department will fund Medicaid services for persons with developmental disabilities in accordance with findings contained in the review and provide state funds for those services to which the individuals are entitled under federal and state laws that are not covered by the Medicaid program. By June 30, 2002, the department will adopt regulations and standards, approved pursuant to this subchapter, which clearly define the state's responsibility to individuals eligible for services under federal laws, including, but not limited to, the Americans With Disabilities Act of 1990, Pub. L. No. 101-336; Section 504 of the Rehabilitation Act of 1973, Pub. L. No. 93-112; and state laws, including §§ 20-14-502 , 20-48-101 , and 20-48-603 , and more specifically: (A) The categories of services and service limits on each category which will be provided through the Medicaid state plan; and (B) The categories of services and service limits which will be provided with state general revenue funds or funds that are applicable for provider client services, or both.

(A) The categories of services and service limits on each category which will be provided through the Medicaid state plan; and

(B) The categories of services and service limits which will be provided with state general revenue funds or funds that are applicable for provider client services, or both.

(3) There shall be a quarterly progress report to the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor by the department on the categories of services and respective service limits, service eligibility guidelines for each service component, and the rate structure based on prospective costs.

(4) Nothing in this subchapter shall be construed to imply the adoption of cost-reimbursement methodology as opposed to a reasonable and necessary rate structure based on prospective costs. However, in the event that the Division of Medical Services of the Department of Human Services develops a new funding mechanism for community-based services provided through the University of Arkansas for Medical Sciences which is a full-cost reimbursement methodology with additional state matching funds provided by existing revenues within that system: (A) The new service model shall be developed to interface with the existing community-based programs through interagency agreements that enhance and broaden the level of care without duplicating services in communities which already have an array of services for children from birth to twenty-one (21) years of age; and (B) The university will staff twelve (12) regional clinics, provided the pediatric specialists are available at the university. These will be conducted on a quarterly basis in coordination with local providers to provide diagnosis, evaluation, and consultation by the pediatric specialists employed by the university to the local professional staffs of community programs. The reimbursement for the costs of conducting these outreach clinics must be fully funded by the cost-reimbursement methodology under any new funding model developed for the university by the department.

(A) The new service model shall be developed to interface with the existing community-based programs through interagency agreements that enhance and broaden the level of care without duplicating services in communities which already have an array of services for children from birth to twenty-one (21) years of age; and

(B) The university will staff twelve (12) regional clinics, provided the pediatric specialists are available at the university. These will be conducted on a quarterly basis in coordination with local providers to provide diagnosis, evaluation, and consultation by the pediatric specialists employed by the university to the local professional staffs of community programs. The reimbursement for the costs of conducting these outreach clinics must be fully funded by the cost-reimbursement methodology under any new funding model developed for the university by the department.

(b) Subject to state and federal funding restrictions, the reimbursement rates shall be revised annually with market-basket rate adjustments to provide resources to the community-based programs necessary to provide persons choosing community-based services quality care assurance in a safe, healthy environment.

Acts 2001, No. 1792, § 2.
Ark. Code Ann. § 20-32-108 — AR Code / Title 20 / Chapter 32 / Section 20-32-108
Applications - Procedure generally
Status: in_force

(a) This section shall not apply to commercial medical waste incineration facilities which are required to comply with the provisions for obtaining a permit under § 8-6-1301 et seq. (b) No person shall operate or construct a commercial medical waste facility without submitting an application for a permit or permit modification to the Department of Health. No permit or permit modification shall be issued by the department for any facility unless the department approves both the site of the facility and the technological process to be used by the facility for the treatment and disposal of commercial medical waste. (c) The department may levy up to one hundred dollars ($100) per hour not to exceed five thousand dollars ($5,000) for application processing costs incurred by the department. (d) Any person applying for a permit or a permit modification to construct and operate a facility shall complete the following criteria at least thirty (30) days before submitting a permit application to the department: (1) Written notification by certified mail to each property owner and resident of any property adjacent to the proposed site of the intent to apply for a permit or permit modification; and (2) Publication of a public notice in the largest newspaper published in each county where the property which is the subject matter of the proposed facility permit or permit modification is located and in at least one (1) newspaper of statewide circulation of the intent to apply for a permit or permit modification to construct and operate a facility. (e) The department shall provide written notice by certified mail of the proposed permit or permit modification to the mayor of the city and the county judge of the county where the property which is the subject matter of the permit application is located. (f) Before the issuance of a final permit, the department shall conduct a public hearing in the county in which the facility is to be located. Acts 1993, No. 491, § 5; 1993, No. 861, § 5; 1999, No. 150, § 1.

(a) This section shall not apply to commercial medical waste incineration facilities which are required to comply with the provisions for obtaining a permit under § 8-6-1301 et seq.

(b) No person shall operate or construct a commercial medical waste facility without submitting an application for a permit or permit modification to the Department of Health. No permit or permit modification shall be issued by the department for any facility unless the department approves both the site of the facility and the technological process to be used by the facility for the treatment and disposal of commercial medical waste.

(c) The department may levy up to one hundred dollars ($100) per hour not to exceed five thousand dollars ($5,000) for application processing costs incurred by the department.

(d) Any person applying for a permit or a permit modification to construct and operate a facility shall complete the following criteria at least thirty (30) days before submitting a permit application to the department: (1) Written notification by certified mail to each property owner and resident of any property adjacent to the proposed site of the intent to apply for a permit or permit modification; and (2) Publication of a public notice in the largest newspaper published in each county where the property which is the subject matter of the proposed facility permit or permit modification is located and in at least one (1) newspaper of statewide circulation of the intent to apply for a permit or permit modification to construct and operate a facility.

(1) Written notification by certified mail to each property owner and resident of any property adjacent to the proposed site of the intent to apply for a permit or permit modification; and

(2) Publication of a public notice in the largest newspaper published in each county where the property which is the subject matter of the proposed facility permit or permit modification is located and in at least one (1) newspaper of statewide circulation of the intent to apply for a permit or permit modification to construct and operate a facility.

(e) The department shall provide written notice by certified mail of the proposed permit or permit modification to the mayor of the city and the county judge of the county where the property which is the subject matter of the permit application is located.

(f) Before the issuance of a final permit, the department shall conduct a public hearing in the county in which the facility is to be located.

Acts 1993, No. 491, § 5; 1993, No. 861, § 5; 1999, No. 150, § 1.
Ark. Code Ann. § 20-13-506 — AR Code / Title 20 / Chapter 13 / Subchapter 5 / Section 20-13-506
Advisory committee - Creation
Status: in_force

(a) (1) The Department of Health may appoint an advisory committee to assist in the development and review of rules promulgated under the authority of this subchapter. (2) The committee shall consist of an uneven number of persons, not to exceed seven (7), appointed by the Secretary of the Department of Health. (b) (1) Membership on the advisory committee shall include representatives qualified by experience and affiliation to represent the viewpoints of persons and groups most likely to become participants within the PC-DI-TL services components of the established program. (2) The advisory committee may include representatives from the medical and allied health professional community, individuals with poison control, drug information, and toxicological services knowledge and expertise, state and local governmental officials, and public interest groups. (3) In the selection of members, the secretary shall appoint only those persons with professional expertise in poison control, drug information, toxicological laboratory services, or other health and safety fields. (c) Members of the advisory committee may receive expense reimbursement in accordance with § 25-16-901 et seq. (d) Any reasonable administrative and technical assistance required by the committee shall be provided by the secretary in consultation with the UAMS-Pharmacy and UAMS-Library permanent components of the PC-DI-TL program. (e) The advisory committee may seek advice and information from interested knowledgeable persons or governmental agencies within or without the state to assist in policy determinations and regulatory standards. Amended by Act 2019, No. 315,§ 1923, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 4985, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4984, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4983, eff. 7/1/2019. Acts 1975, No. 600, § 4; A.S.A. 1947, § 82-3504; Acts 1997, No. 250, § 183.

(a) (1) The Department of Health may appoint an advisory committee to assist in the development and review of rules promulgated under the authority of this subchapter. (2) The committee shall consist of an uneven number of persons, not to exceed seven (7), appointed by the Secretary of the Department of Health.

(1) The Department of Health may appoint an advisory committee to assist in the development and review of rules promulgated under the authority of this subchapter.

(2) The committee shall consist of an uneven number of persons, not to exceed seven (7), appointed by the Secretary of the Department of Health.

(b) (1) Membership on the advisory committee shall include representatives qualified by experience and affiliation to represent the viewpoints of persons and groups most likely to become participants within the PC-DI-TL services components of the established program. (2) The advisory committee may include representatives from the medical and allied health professional community, individuals with poison control, drug information, and toxicological services knowledge and expertise, state and local governmental officials, and public interest groups. (3) In the selection of members, the secretary shall appoint only those persons with professional expertise in poison control, drug information, toxicological laboratory services, or other health and safety fields.

(1) Membership on the advisory committee shall include representatives qualified by experience and affiliation to represent the viewpoints of persons and groups most likely to become participants within the PC-DI-TL services components of the established program.

(2) The advisory committee may include representatives from the medical and allied health professional community, individuals with poison control, drug information, and toxicological services knowledge and expertise, state and local governmental officials, and public interest groups.

(3) In the selection of members, the secretary shall appoint only those persons with professional expertise in poison control, drug information, toxicological laboratory services, or other health and safety fields.

(c) Members of the advisory committee may receive expense reimbursement in accordance with § 25-16-901 et seq.

(d) Any reasonable administrative and technical assistance required by the committee shall be provided by the secretary in consultation with the UAMS-Pharmacy and UAMS-Library permanent components of the PC-DI-TL program.

(e) The advisory committee may seek advice and information from interested knowledgeable persons or governmental agencies within or without the state to assist in policy determinations and regulatory standards.

Amended by Act 2019, No. 315,§ 1923, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 4985, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4984, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4983, eff. 7/1/2019.

Acts 1975, No. 600, § 4; A.S.A. 1947, § 82-3504; Acts 1997, No. 250, § 183.
Ark. Code Ann. § 20-22-607 — AR Code / Title 20 / Chapter 22 / Subchapter 6 / Section 20-22-607
Arkansas Fire Protection Licensing Board - Powers and duties
Status: in_force

The Arkansas Fire Protection Licensing Board shall: (1) Formulate and administer policies as may be determined necessary for the protection and preservation of life and property in regard to: (A) The registration of firms engaging in the business of installing, inspecting, or servicing portable fire extinguishers and of firms engaging or in the business of installing, inspecting, and servicing fixed fire protection systems; (B) The registration of firms engaging in the business of hydrostatic testing of portable fire extinguishers. However, no person or firm shall be granted a Class A hydrostatic testing certificate until the applicant submits proof satisfactory to the board that the test equipment of the applicant has been tested and certified by the United States Department of Transportation; (C) The examination and licensure of persons applying for a license to install, inspect, or service portable fire extinguishers and of a person applying for a license to install, inspect, or service fixed fire protection systems; (D) The registration of firms engaging in the business of selling, system layout, installing, servicing, inspecting, or any aspect of fire protection sprinkler systems, including standpipe, fire pumps, and hose systems; (E) The examination and licensure of a person applying for a license as a responsible managing employee for the purpose of fire protection sprinkler system business, including designing, inspecting, installing, system layout, or servicing fire protection sprinkler systems, including standpipe, fire pumps, and hose systems; (F) The examination and licensure of a person applying for a license as a fire protection sprinkler systems inspector for the purpose of servicing or inspecting fire protection sprinkler systems, including standpipe, fire pumps, and hose systems; and (G) The examination and licensure of a person applying for a license as a fire protection sprinkler system sprinkler fitter or apprentice for the purpose of installing, servicing, or placing fire protection sprinkler systems in service, including without limitation standpipe, fire pumps, and hose systems; (2) Establish reasonable qualifications for firms and individuals for the issuance of a certificate of registration or individual license to engage in any aspect of the business of portable fire extinguishers, fixed fire protection systems, or fire protection sprinkler systems; (3) Conduct examinations to ascertain the qualifications and fitness of individual applicants to install or service portable fire extinguishers, install or service fixed fire protection systems, or install, service, inspect, or design fire protection sprinkler systems; (4) Issue certificates of registration for those firms that qualify and individual licenses and permits to individuals that qualify to engage in the business and activity of installing and servicing portable fire extinguishers, installing and servicing fixed fire protection systems, and designing, installing, inspecting, or servicing fire protection sprinkler systems and issue licenses or permits to those firms and individuals qualifying to perform hydrostatic testing of fire extinguisher cylinders; (5) Evaluate the qualifications of firms seeking approval as testing laboratories for portable fire extinguishers; and (6) (A) Regulate and license as a part of a fire protection sprinkler system the installation, service, and maintenance of a standpipe and hose system as defined under the National Fire Protection Association pamphlet number fourteen (No. 14): Standard for the Installation of Standpipe and Hose Systems. (B) (i) The installation, service, and maintenance of a standpipe and hose system shall be performed by a licensed fire protection sprinkler contractor. A licensed fire protection sprinkler contractor is not required to perform hydrostatic testing of the standpipe hose, repair of the standpipe hose, or maintenance of the standpipe hose. (ii) The standpipe and hose system shall be: (a) Designed, installed, and tested in accordance with the standards adopted in the Rules and Regulations for Sprinkler Systems of the board and in accordance with the applicable National Fire Protection Association pamphlets; and (b) Designed by an Arkansas-licensed responsible managing employee or a registered professional engineer licensed by the State of Arkansas. Acts 1977, No. 743, § 11; 1983, No. 782, § 13; 1985, No. 702, § 9; A.S.A. 1947, § 82-842; Acts 1993, No. 1215, § 5; 1999, No. 1287, § 2; 2003, No. 1074, § 3; 2009, No. 422, § 7 [6]; 2011, No. 838, § 3.

The Arkansas Fire Protection Licensing Board shall:

(1) Formulate and administer policies as may be determined necessary for the protection and preservation of life and property in regard to: (A) The registration of firms engaging in the business of installing, inspecting, or servicing portable fire extinguishers and of firms engaging or in the business of installing, inspecting, and servicing fixed fire protection systems; (B) The registration of firms engaging in the business of hydrostatic testing of portable fire extinguishers. However, no person or firm shall be granted a Class A hydrostatic testing certificate until the applicant submits proof satisfactory to the board that the test equipment of the applicant has been tested and certified by the United States Department of Transportation; (C) The examination and licensure of persons applying for a license to install, inspect, or service portable fire extinguishers and of a person applying for a license to install, inspect, or service fixed fire protection systems; (D) The registration of firms engaging in the business of selling, system layout, installing, servicing, inspecting, or any aspect of fire protection sprinkler systems, including standpipe, fire pumps, and hose systems; (E) The examination and licensure of a person applying for a license as a responsible managing employee for the purpose of fire protection sprinkler system business, including designing, inspecting, installing, system layout, or servicing fire protection sprinkler systems, including standpipe, fire pumps, and hose systems; (F) The examination and licensure of a person applying for a license as a fire protection sprinkler systems inspector for the purpose of servicing or inspecting fire protection sprinkler systems, including standpipe, fire pumps, and hose systems; and (G) The examination and licensure of a person applying for a license as a fire protection sprinkler system sprinkler fitter or apprentice for the purpose of installing, servicing, or placing fire protection sprinkler systems in service, including without limitation standpipe, fire pumps, and hose systems;

(A) The registration of firms engaging in the business of installing, inspecting, or servicing portable fire extinguishers and of firms engaging or in the business of installing, inspecting, and servicing fixed fire protection systems;

(B) The registration of firms engaging in the business of hydrostatic testing of portable fire extinguishers. However, no person or firm shall be granted a Class A hydrostatic testing certificate until the applicant submits proof satisfactory to the board that the test equipment of the applicant has been tested and certified by the United States Department of Transportation;

(C) The examination and licensure of persons applying for a license to install, inspect, or service portable fire extinguishers and of a person applying for a license to install, inspect, or service fixed fire protection systems;

(D) The registration of firms engaging in the business of selling, system layout, installing, servicing, inspecting, or any aspect of fire protection sprinkler systems, including standpipe, fire pumps, and hose systems;

(E) The examination and licensure of a person applying for a license as a responsible managing employee for the purpose of fire protection sprinkler system business, including designing, inspecting, installing, system layout, or servicing fire protection sprinkler systems, including standpipe, fire pumps, and hose systems;

(F) The examination and licensure of a person applying for a license as a fire protection sprinkler systems inspector for the purpose of servicing or inspecting fire protection sprinkler systems, including standpipe, fire pumps, and hose systems; and

(G) The examination and licensure of a person applying for a license as a fire protection sprinkler system sprinkler fitter or apprentice for the purpose of installing, servicing, or placing fire protection sprinkler systems in service, including without limitation standpipe, fire pumps, and hose systems;

(2) Establish reasonable qualifications for firms and individuals for the issuance of a certificate of registration or individual license to engage in any aspect of the business of portable fire extinguishers, fixed fire protection systems, or fire protection sprinkler systems;

(3) Conduct examinations to ascertain the qualifications and fitness of individual applicants to install or service portable fire extinguishers, install or service fixed fire protection systems, or install, service, inspect, or design fire protection sprinkler systems;

(4) Issue certificates of registration for those firms that qualify and individual licenses and permits to individuals that qualify to engage in the business and activity of installing and servicing portable fire extinguishers, installing and servicing fixed fire protection systems, and designing, installing, inspecting, or servicing fire protection sprinkler systems and issue licenses or permits to those firms and individuals qualifying to perform hydrostatic testing of fire extinguisher cylinders;

(5) Evaluate the qualifications of firms seeking approval as testing laboratories for portable fire extinguishers; and

(6) (A) Regulate and license as a part of a fire protection sprinkler system the installation, service, and maintenance of a standpipe and hose system as defined under the National Fire Protection Association pamphlet number fourteen (No. 14): Standard for the Installation of Standpipe and Hose Systems. (B) (i) The installation, service, and maintenance of a standpipe and hose system shall be performed by a licensed fire protection sprinkler contractor. A licensed fire protection sprinkler contractor is not required to perform hydrostatic testing of the standpipe hose, repair of the standpipe hose, or maintenance of the standpipe hose. (ii) The standpipe and hose system shall be: (a) Designed, installed, and tested in accordance with the standards adopted in the Rules and Regulations for Sprinkler Systems of the board and in accordance with the applicable National Fire Protection Association pamphlets; and (b) Designed by an Arkansas-licensed responsible managing employee or a registered professional engineer licensed by the State of Arkansas.

(A) Regulate and license as a part of a fire protection sprinkler system the installation, service, and maintenance of a standpipe and hose system as defined under the National Fire Protection Association pamphlet number fourteen (No. 14): Standard for the Installation of Standpipe and Hose Systems.

(B) (i) The installation, service, and maintenance of a standpipe and hose system shall be performed by a licensed fire protection sprinkler contractor. A licensed fire protection sprinkler contractor is not required to perform hydrostatic testing of the standpipe hose, repair of the standpipe hose, or maintenance of the standpipe hose. (ii) The standpipe and hose system shall be: (a) Designed, installed, and tested in accordance with the standards adopted in the Rules and Regulations for Sprinkler Systems of the board and in accordance with the applicable National Fire Protection Association pamphlets; and (b) Designed by an Arkansas-licensed responsible managing employee or a registered professional engineer licensed by the State of Arkansas.

(i) The installation, service, and maintenance of a standpipe and hose system shall be performed by a licensed fire protection sprinkler contractor. A licensed fire protection sprinkler contractor is not required to perform hydrostatic testing of the standpipe hose, repair of the standpipe hose, or maintenance of the standpipe hose.

(ii) The standpipe and hose system shall be: (a) Designed, installed, and tested in accordance with the standards adopted in the Rules and Regulations for Sprinkler Systems of the board and in accordance with the applicable National Fire Protection Association pamphlets; and (b) Designed by an Arkansas-licensed responsible managing employee or a registered professional engineer licensed by the State of Arkansas.

(a) Designed, installed, and tested in accordance with the standards adopted in the Rules and Regulations for Sprinkler Systems of the board and in accordance with the applicable National Fire Protection Association pamphlets; and

(b) Designed by an Arkansas-licensed responsible managing employee or a registered professional engineer licensed by the State of Arkansas.

Acts 1977, No. 743, § 11; 1983, No. 782, § 13; 1985, No. 702, § 9; A.S.A. 1947, § 82-842; Acts 1993, No. 1215, § 5; 1999, No. 1287, § 2; 2003, No. 1074, § 3; 2009, No. 422, § 7 [6]; 2011, No. 838, § 3.
Ark. Code Ann. § 20-76-405 — AR Code / Title 20 / Chapter 76 / Subchapter 4 / Section 20-76-405
Diversion from assistance
Status: in_force

(a) When an applicant applies for employment assistance, the Department of Human Services shall determine whether the applicant is eligible to be diverted from receiving employment assistance. That determination shall be based on an assessment conducted in conformity with rules promulgated by the department. (b) The department shall determine eligibility for diversion from assistance by considering whether but for the diversion from assistance the applicant would receive employment assistance. If the department determines that the applicant is eligible for diversion from assistance and the recipient agrees to the diversion, the department may provide a single loan payment of up to the amount of financial assistance that the applicant could receive during three (3) months if not diverted. (c) An applicant may receive diversion loan assistance only one (1) time. Receipt of diversion loan assistance shall be accompanied by a written declaration by the recipient electing to forego transitional employment assistance financial assistance for one hundred (100) days as a condition of receiving the diversion loan assistance. (d) A diversion from assistance is in lieu of other services described in this chapter. Amended by Act 2019, No. 315,§ 2249, eff. 7/24/2019. Acts 1939, No. 280, § 24; A.S.A. 1947, § 83-130; Acts 1997, No. 1058, § 12.

(a) When an applicant applies for employment assistance, the Department of Human Services shall determine whether the applicant is eligible to be diverted from receiving employment assistance. That determination shall be based on an assessment conducted in conformity with rules promulgated by the department.

(b) The department shall determine eligibility for diversion from assistance by considering whether but for the diversion from assistance the applicant would receive employment assistance. If the department determines that the applicant is eligible for diversion from assistance and the recipient agrees to the diversion, the department may provide a single loan payment of up to the amount of financial assistance that the applicant could receive during three (3) months if not diverted.

(c) An applicant may receive diversion loan assistance only one (1) time. Receipt of diversion loan assistance shall be accompanied by a written declaration by the recipient electing to forego transitional employment assistance financial assistance for one hundred (100) days as a condition of receiving the diversion loan assistance.

(d) A diversion from assistance is in lieu of other services described in this chapter.

Amended by Act 2019, No. 315,§ 2249, eff. 7/24/2019.

Acts 1939, No. 280, § 24; A.S.A. 1947, § 83-130; Acts 1997, No. 1058, § 12.
Ark. Code Ann. § 20-16-2407 — AR Code / Title 20 / Chapter 16 / Subchapter 24 / Section 20-16-2407
Administration
Status: in_force

(a) The Department of Human Services shall: (1) (A) Before implementation of the services under § 20-8-1001 or the resource access assistance offer, create a program-specific website that describes the services offered by § 20-8-1001 and the resource access assistance offer. (B) The department may also create materials using other media, including print and electronic media, to convey information about the services under § 20-8-1001 and the resource access assistance offer to the public; (2) (A) Establish a single toll-free number for pregnant women seeking an abortion in Arkansas to call in order to receive a resource access assistance offer. (B) The toll-free number shall automatically connect the pregnant woman to an agency based on the proportion determined under § 20-16-2405(a)(2) ; (3) (A) Before implementation of the resource access assistance offer, develop and maintain a secure database. (B) The secure database shall: (i) Generate a unique identifying number; (ii) Be accessible only to a person who is to perform an abortion or an agent of the person performing an abortion, agencies, and the department; and (iii) Not transmit any information to: (a) The agency or care agent concerning the identity or location of the person who performs the abortion or the facility at which the abortion is performed; or (b) The person providing the abortion or the agent of the person performing the abortion concerning the identity of the agency or care agent providing the resource access assistance offer. (C) The unique identifying number shall not contain personally identifiable information; and (4) For each agency, report on the department's website the percentage of pregnant women who received a resource access assistance offer from the agency and subsequently obtained an abortion in the state. (b) (1) Before receiving payment for abortion-related services, administering any sedative or anesthesia, or performing an abortion, a person who is performing an abortion or an agent of the person performing the abortion shall: (A) Register each prospective abortion in the secure database and obtain a unique identifying number for the pregnant woman's prospective abortion; (B) Provide the pregnant woman seeking an abortion with the unique identifying number for her prospective abortion; (C) Record the unique identifying number for the pregnant woman's prospective abortion in the pregnant woman's medical file; (D) Verify through the secure database that the pregnant woman received a resource access assistance offer; (E) Document the verification in the secure database; and (F) Record the verification in the pregnant woman's medical record. (2) Within two (2) business days after performing an abortion, the person who performs the abortion or the person's agent shall report to the department the unique identifying number for each abortion performed and the date and time that the abortion was performed. (c) A care agent shall: (1) Provide the resource access assistance offer, care plan coordination services, and healthy pregnancy program services; and (2) Record the information required under this section. (d) An agency shall: (1) Record and report monthly to the department information pertaining to resource access assistance offers provided by the agency or the care agents employed by the agency, including without limitation: (A) The number of pregnant women who indicated a need for assistance as victims of: (i) Assault, sexual assault, abuse, or neglect; (ii) Coercion; or (iii) Human trafficking; (B) The number of individuals receiving resource access assistance offers who requested care plan coordination services; and (C) The number of individuals receiving resource access assistance offers who requested healthy pregnancy program services; (2) Record and report monthly to the department information pertaining to care plan coordination services and healthy pregnancy program services provided by the agency or the care agents employed by the agency, including without limitation: (A) The number of individuals receiving resource access assistance offers who identified a need for support in one (1) or more of the following areas: (i) Abuse, assault, sexual assault, coercion, or neglect; (ii) Education or training for a professional certification; (iii) Housing assistance; (iv) Employment assistance; (v) Resume development; (vi) Childcare; (vii) Adoption services; (viii) Financial assistance; (ix) Substance abuse treatment and alcohol abuse treatment; (x) Mental health care; (xi) Medical care; (xii) Human trafficking; or (xiii) Health benefit plan coverage; and (B) The resources, services, and referrals provided by the agency or a care agent; and (3) (A) Confirm in the secure database using the unique identifying number that a resource access assistance offer was made. (B) The confirmation required under subdivision (d)(3)(A) of this section shall be completed before 11:59 p.m. on the day that the resource access assistance offer was made. Amended by Act 2023, No. 703,§ 6, eff. 8/1/2023. Amended by Act 2023, No. 205,§ 3, eff. 8/1/2023. (Amended effective date provision.) Added by Act 2021, No. 90,§ 3, eff. 7/28/2021, subsection (b) applicable 1/1/2023.

(a) The Department of Human Services shall: (1) (A) Before implementation of the services under § 20-8-1001 or the resource access assistance offer, create a program-specific website that describes the services offered by § 20-8-1001 and the resource access assistance offer. (B) The department may also create materials using other media, including print and electronic media, to convey information about the services under § 20-8-1001 and the resource access assistance offer to the public; (2) (A) Establish a single toll-free number for pregnant women seeking an abortion in Arkansas to call in order to receive a resource access assistance offer. (B) The toll-free number shall automatically connect the pregnant woman to an agency based on the proportion determined under § 20-16-2405(a)(2) ; (3) (A) Before implementation of the resource access assistance offer, develop and maintain a secure database. (B) The secure database shall: (i) Generate a unique identifying number; (ii) Be accessible only to a person who is to perform an abortion or an agent of the person performing an abortion, agencies, and the department; and (iii) Not transmit any information to: (a) The agency or care agent concerning the identity or location of the person who performs the abortion or the facility at which the abortion is performed; or (b) The person providing the abortion or the agent of the person performing the abortion concerning the identity of the agency or care agent providing the resource access assistance offer. (C) The unique identifying number shall not contain personally identifiable information; and (4) For each agency, report on the department's website the percentage of pregnant women who received a resource access assistance offer from the agency and subsequently obtained an abortion in the state.

(1) (A) Before implementation of the services under § 20-8-1001 or the resource access assistance offer, create a program-specific website that describes the services offered by § 20-8-1001 and the resource access assistance offer. (B) The department may also create materials using other media, including print and electronic media, to convey information about the services under § 20-8-1001 and the resource access assistance offer to the public;

(A) Before implementation of the services under § 20-8-1001 or the resource access assistance offer, create a program-specific website that describes the services offered by § 20-8-1001 and the resource access assistance offer.

(B) The department may also create materials using other media, including print and electronic media, to convey information about the services under § 20-8-1001 and the resource access assistance offer to the public;

(2) (A) Establish a single toll-free number for pregnant women seeking an abortion in Arkansas to call in order to receive a resource access assistance offer. (B) The toll-free number shall automatically connect the pregnant woman to an agency based on the proportion determined under § 20-16-2405(a)(2) ;

(A) Establish a single toll-free number for pregnant women seeking an abortion in Arkansas to call in order to receive a resource access assistance offer.

(B) The toll-free number shall automatically connect the pregnant woman to an agency based on the proportion determined under § 20-16-2405(a)(2) ;

(3) (A) Before implementation of the resource access assistance offer, develop and maintain a secure database. (B) The secure database shall: (i) Generate a unique identifying number; (ii) Be accessible only to a person who is to perform an abortion or an agent of the person performing an abortion, agencies, and the department; and (iii) Not transmit any information to: (a) The agency or care agent concerning the identity or location of the person who performs the abortion or the facility at which the abortion is performed; or (b) The person providing the abortion or the agent of the person performing the abortion concerning the identity of the agency or care agent providing the resource access assistance offer. (C) The unique identifying number shall not contain personally identifiable information; and

(A) Before implementation of the resource access assistance offer, develop and maintain a secure database.

(B) The secure database shall: (i) Generate a unique identifying number; (ii) Be accessible only to a person who is to perform an abortion or an agent of the person performing an abortion, agencies, and the department; and (iii) Not transmit any information to: (a) The agency or care agent concerning the identity or location of the person who performs the abortion or the facility at which the abortion is performed; or (b) The person providing the abortion or the agent of the person performing the abortion concerning the identity of the agency or care agent providing the resource access assistance offer.

(i) Generate a unique identifying number;

(ii) Be accessible only to a person who is to perform an abortion or an agent of the person performing an abortion, agencies, and the department; and

(iii) Not transmit any information to: (a) The agency or care agent concerning the identity or location of the person who performs the abortion or the facility at which the abortion is performed; or (b) The person providing the abortion or the agent of the person performing the abortion concerning the identity of the agency or care agent providing the resource access assistance offer.

(a) The agency or care agent concerning the identity or location of the person who performs the abortion or the facility at which the abortion is performed; or

(b) The person providing the abortion or the agent of the person performing the abortion concerning the identity of the agency or care agent providing the resource access assistance offer.

(C) The unique identifying number shall not contain personally identifiable information; and

(4) For each agency, report on the department's website the percentage of pregnant women who received a resource access assistance offer from the agency and subsequently obtained an abortion in the state.

(b) (1) Before receiving payment for abortion-related services, administering any sedative or anesthesia, or performing an abortion, a person who is performing an abortion or an agent of the person performing the abortion shall: (A) Register each prospective abortion in the secure database and obtain a unique identifying number for the pregnant woman's prospective abortion; (B) Provide the pregnant woman seeking an abortion with the unique identifying number for her prospective abortion; (C) Record the unique identifying number for the pregnant woman's prospective abortion in the pregnant woman's medical file; (D) Verify through the secure database that the pregnant woman received a resource access assistance offer; (E) Document the verification in the secure database; and (F) Record the verification in the pregnant woman's medical record. (2) Within two (2) business days after performing an abortion, the person who performs the abortion or the person's agent shall report to the department the unique identifying number for each abortion performed and the date and time that the abortion was performed.

(1) Before receiving payment for abortion-related services, administering any sedative or anesthesia, or performing an abortion, a person who is performing an abortion or an agent of the person performing the abortion shall: (A) Register each prospective abortion in the secure database and obtain a unique identifying number for the pregnant woman's prospective abortion; (B) Provide the pregnant woman seeking an abortion with the unique identifying number for her prospective abortion; (C) Record the unique identifying number for the pregnant woman's prospective abortion in the pregnant woman's medical file; (D) Verify through the secure database that the pregnant woman received a resource access assistance offer; (E) Document the verification in the secure database; and (F) Record the verification in the pregnant woman's medical record.

(A) Register each prospective abortion in the secure database and obtain a unique identifying number for the pregnant woman's prospective abortion;

(B) Provide the pregnant woman seeking an abortion with the unique identifying number for her prospective abortion;

(C) Record the unique identifying number for the pregnant woman's prospective abortion in the pregnant woman's medical file;

(D) Verify through the secure database that the pregnant woman received a resource access assistance offer;

(E) Document the verification in the secure database; and

(F) Record the verification in the pregnant woman's medical record.

(2) Within two (2) business days after performing an abortion, the person who performs the abortion or the person's agent shall report to the department the unique identifying number for each abortion performed and the date and time that the abortion was performed.

(c) A care agent shall: (1) Provide the resource access assistance offer, care plan coordination services, and healthy pregnancy program services; and (2) Record the information required under this section.

(1) Provide the resource access assistance offer, care plan coordination services, and healthy pregnancy program services; and

(2) Record the information required under this section.

(d) An agency shall: (1) Record and report monthly to the department information pertaining to resource access assistance offers provided by the agency or the care agents employed by the agency, including without limitation: (A) The number of pregnant women who indicated a need for assistance as victims of: (i) Assault, sexual assault, abuse, or neglect; (ii) Coercion; or (iii) Human trafficking; (B) The number of individuals receiving resource access assistance offers who requested care plan coordination services; and (C) The number of individuals receiving resource access assistance offers who requested healthy pregnancy program services; (2) Record and report monthly to the department information pertaining to care plan coordination services and healthy pregnancy program services provided by the agency or the care agents employed by the agency, including without limitation: (A) The number of individuals receiving resource access assistance offers who identified a need for support in one (1) or more of the following areas: (i) Abuse, assault, sexual assault, coercion, or neglect; (ii) Education or training for a professional certification; (iii) Housing assistance; (iv) Employment assistance; (v) Resume development; (vi) Childcare; (vii) Adoption services; (viii) Financial assistance; (ix) Substance abuse treatment and alcohol abuse treatment; (x) Mental health care; (xi) Medical care; (xii) Human trafficking; or (xiii) Health benefit plan coverage; and (B) The resources, services, and referrals provided by the agency or a care agent; and (3) (A) Confirm in the secure database using the unique identifying number that a resource access assistance offer was made. (B) The confirmation required under subdivision (d)(3)(A) of this section shall be completed before 11:59 p.m. on the day that the resource access assistance offer was made.

(1) Record and report monthly to the department information pertaining to resource access assistance offers provided by the agency or the care agents employed by the agency, including without limitation: (A) The number of pregnant women who indicated a need for assistance as victims of: (i) Assault, sexual assault, abuse, or neglect; (ii) Coercion; or (iii) Human trafficking; (B) The number of individuals receiving resource access assistance offers who requested care plan coordination services; and (C) The number of individuals receiving resource access assistance offers who requested healthy pregnancy program services;

(A) The number of pregnant women who indicated a need for assistance as victims of: (i) Assault, sexual assault, abuse, or neglect; (ii) Coercion; or (iii) Human trafficking;

(i) Assault, sexual assault, abuse, or neglect;

(ii) Coercion; or

(iii) Human trafficking;

(B) The number of individuals receiving resource access assistance offers who requested care plan coordination services; and

(C) The number of individuals receiving resource access assistance offers who requested healthy pregnancy program services;

(2) Record and report monthly to the department information pertaining to care plan coordination services and healthy pregnancy program services provided by the agency or the care agents employed by the agency, including without limitation: (A) The number of individuals receiving resource access assistance offers who identified a need for support in one (1) or more of the following areas: (i) Abuse, assault, sexual assault, coercion, or neglect; (ii) Education or training for a professional certification; (iii) Housing assistance; (iv) Employment assistance; (v) Resume development; (vi) Childcare; (vii) Adoption services; (viii) Financial assistance; (ix) Substance abuse treatment and alcohol abuse treatment; (x) Mental health care; (xi) Medical care; (xii) Human trafficking; or (xiii) Health benefit plan coverage; and (B) The resources, services, and referrals provided by the agency or a care agent; and

(A) The number of individuals receiving resource access assistance offers who identified a need for support in one (1) or more of the following areas: (i) Abuse, assault, sexual assault, coercion, or neglect; (ii) Education or training for a professional certification; (iii) Housing assistance; (iv) Employment assistance; (v) Resume development; (vi) Childcare; (vii) Adoption services; (viii) Financial assistance; (ix) Substance abuse treatment and alcohol abuse treatment; (x) Mental health care; (xi) Medical care; (xii) Human trafficking; or (xiii) Health benefit plan coverage; and

(i) Abuse, assault, sexual assault, coercion, or neglect;

(ii) Education or training for a professional certification;

(iii) Housing assistance;

(iv) Employment assistance;

(v) Resume development;

(vi) Childcare;

(vii) Adoption services;

(viii) Financial assistance;

(ix) Substance abuse treatment and alcohol abuse treatment;

(x) Mental health care;

(xi) Medical care;

(xii) Human trafficking; or

(xiii) Health benefit plan coverage; and

(B) The resources, services, and referrals provided by the agency or a care agent; and

(3) (A) Confirm in the secure database using the unique identifying number that a resource access assistance offer was made. (B) The confirmation required under subdivision (d)(3)(A) of this section shall be completed before 11:59 p.m. on the day that the resource access assistance offer was made.

(A) Confirm in the secure database using the unique identifying number that a resource access assistance offer was made.

(B) The confirmation required under subdivision (d)(3)(A) of this section shall be completed before 11:59 p.m. on the day that the resource access assistance offer was made.

Amended by Act 2023, No. 703,§ 6, eff. 8/1/2023.

Amended by Act 2023, No. 205,§ 3, eff. 8/1/2023. (Amended effective date provision.)

Added by Act 2021, No. 90,§ 3, eff. 7/28/2021, subsection (b) applicable 1/1/2023.
Ark. Code Ann. § 20-24-110 — AR Code / Title 20 / Chapter 24 / Section 20-24-110
Inspectors - Prohibited activities - Requirements
Status: in_force

(a) No elevator inspector shall inspect an elevator, escalator, or dumbwaiter if the inspector or any member of his or her immediate family has a financial interest in the building in which the elevator, escalator, or dumbwaiter is located or in any business which occupies the building in which the elevator, escalator, or dumbwaiter is located. (b) No elevator inspector or any member of his or her immediate family shall have or maintain a financial interest in any business which manufactures, installs, repairs, alters, or services elevators, escalators, or dumbwaiters. (c) No elevator inspector shall recommend or refer one (1) of his or her clients or customers to a specific business, firm, or corporation which manufactures, installs, repairs, alters, or services elevators, escalators, or dumbwaiters. (d) On or before the last day of January of each year, all licensed elevator inspectors shall file with the Department of Labor and Licensing a financial disclosure statement on forms provided by the department and approved by the Elevator Safety Board. Such forms shall include, but not be limited to, the following: (1) The name and address of any corporation, firm, or enterprise in which the person has a direct financial interest of a value in excess of one thousand dollars ($1,000). Policies of insurance issued to himself or herself or his or her spouse are not to be considered a financial interest; (2) A list of every office or directorship held by himself or herself or his or her spouse, in any corporation, firm, or enterprise subject to the jurisdiction of the board; (3) A list showing the name and address of any person, corporation, firm, or enterprise from which the person received compensation in excess of one thousand five hundred dollars ($1,500) during the preceding year; and (4) A list showing the name and address of any person, corporation, firm, or enterprise from which the persons received compensation in excess of twelve thousand five hundred dollars ($12,500) during the preceding year. Amended by Act 2019, No. 910,§ 5475, eff. 7/1/2019. Acts 1963, No. 189, § 11; 1977, No. 539, § 6; 1983, No. 284, § 6; A.S.A. 1947, § 82-1811; Acts 1991, No. 1063, § 5.

(a) No elevator inspector shall inspect an elevator, escalator, or dumbwaiter if the inspector or any member of his or her immediate family has a financial interest in the building in which the elevator, escalator, or dumbwaiter is located or in any business which occupies the building in which the elevator, escalator, or dumbwaiter is located.

(b) No elevator inspector or any member of his or her immediate family shall have or maintain a financial interest in any business which manufactures, installs, repairs, alters, or services elevators, escalators, or dumbwaiters.

(c) No elevator inspector shall recommend or refer one (1) of his or her clients or customers to a specific business, firm, or corporation which manufactures, installs, repairs, alters, or services elevators, escalators, or dumbwaiters.

(d) On or before the last day of January of each year, all licensed elevator inspectors shall file with the Department of Labor and Licensing a financial disclosure statement on forms provided by the department and approved by the Elevator Safety Board. Such forms shall include, but not be limited to, the following: (1) The name and address of any corporation, firm, or enterprise in which the person has a direct financial interest of a value in excess of one thousand dollars ($1,000). Policies of insurance issued to himself or herself or his or her spouse are not to be considered a financial interest; (2) A list of every office or directorship held by himself or herself or his or her spouse, in any corporation, firm, or enterprise subject to the jurisdiction of the board; (3) A list showing the name and address of any person, corporation, firm, or enterprise from which the person received compensation in excess of one thousand five hundred dollars ($1,500) during the preceding year; and (4) A list showing the name and address of any person, corporation, firm, or enterprise from which the persons received compensation in excess of twelve thousand five hundred dollars ($12,500) during the preceding year.

(1) The name and address of any corporation, firm, or enterprise in which the person has a direct financial interest of a value in excess of one thousand dollars ($1,000). Policies of insurance issued to himself or herself or his or her spouse are not to be considered a financial interest;

(2) A list of every office or directorship held by himself or herself or his or her spouse, in any corporation, firm, or enterprise subject to the jurisdiction of the board;

(3) A list showing the name and address of any person, corporation, firm, or enterprise from which the person received compensation in excess of one thousand five hundred dollars ($1,500) during the preceding year; and

(4) A list showing the name and address of any person, corporation, firm, or enterprise from which the persons received compensation in excess of twelve thousand five hundred dollars ($12,500) during the preceding year.

Amended by Act 2019, No. 910,§ 5475, eff. 7/1/2019.

Acts 1963, No. 189, § 11; 1977, No. 539, § 6; 1983, No. 284, § 6; A.S.A. 1947, § 82-1811; Acts 1991, No. 1063, § 5.
Ark. Code Ann. § 20-26-302 — AR Code / Title 20 / Chapter 26 / Subchapter 3 / Section 20-26-302
Liability of proprietor
Status: in_force

(a) No hotel proprietor shall be liable for the loss of or injury to baggage or other articles of property of his or her guest, unless the baggage or other articles of property shall have been actually delivered by the guest to the hotel proprietor or to his or her servants for safekeeping, or unless the loss or injury occurred through the negligence of the hotel proprietor, or by his or her servants or employees in the hotel. (b) No innkeeper or hotelkeeper, whether individual, partnership, or corporation, who constantly has in his or her inn or hotel a metal safe or suitable vault in good order, and fit for the custody of money, bank notes, jewelry, articles of gold and silver, precious stones, personal ornaments, railroad mileage books or tickets, negotiable or valuable papers, and bullion, and who keeps on the doors of the sleeping rooms used by guests suitable locks or bolts, and on the transoms and windows of the rooms suitable fastenings, and who keeps a copy of this section printed in distinct type constantly and conspicuously posted in not less than ten (10) conspicuous places in the hotel or inn, shall be liable for the loss or injury suffered by any guest unless the guest has offered to deliver the baggage or other articles of property to the innkeeper or hotelkeeper for custody in the metal safe or vault, and the innkeeper or hotelkeeper has omitted or refused to take it and deposit it in the safe or vault for custody, and to give the guest a receipt therefor. (c) The keeper of any inn or hotel shall not be obliged to receive from any one (1) guest for deposit in a safe or vault any property hereinbefore described exceeding a total value of three hundred dollars ($300) and shall not be liable for any excess of the property, whether received or not. (d) However, an innkeeper or hotelkeeper may, by special arrangement with a guest, receive for deposit in a safe or vault any property upon such terms as they may agree to in writing. Every innkeeper or hotelkeeper shall be liable for loss of these enumerated articles of a guest in his or her inn or hotel after the articles have been accepted for deposit if the loss was caused by the theft or negligence of the innkeeper, hotelkeeper, or any of their servants. Acts 1913, No. 217, §§ 1, 1a, 2a; C. & M. Dig., §§ 5564-5566; Pope's Dig., §§ 7202-7204; A.S.A. 1947, §§ 71-1107 -- 71-1109.

(a) No hotel proprietor shall be liable for the loss of or injury to baggage or other articles of property of his or her guest, unless the baggage or other articles of property shall have been actually delivered by the guest to the hotel proprietor or to his or her servants for safekeeping, or unless the loss or injury occurred through the negligence of the hotel proprietor, or by his or her servants or employees in the hotel.

(b) No innkeeper or hotelkeeper, whether individual, partnership, or corporation, who constantly has in his or her inn or hotel a metal safe or suitable vault in good order, and fit for the custody of money, bank notes, jewelry, articles of gold and silver, precious stones, personal ornaments, railroad mileage books or tickets, negotiable or valuable papers, and bullion, and who keeps on the doors of the sleeping rooms used by guests suitable locks or bolts, and on the transoms and windows of the rooms suitable fastenings, and who keeps a copy of this section printed in distinct type constantly and conspicuously posted in not less than ten (10) conspicuous places in the hotel or inn, shall be liable for the loss or injury suffered by any guest unless the guest has offered to deliver the baggage or other articles of property to the innkeeper or hotelkeeper for custody in the metal safe or vault, and the innkeeper or hotelkeeper has omitted or refused to take it and deposit it in the safe or vault for custody, and to give the guest a receipt therefor.

(c) The keeper of any inn or hotel shall not be obliged to receive from any one (1) guest for deposit in a safe or vault any property hereinbefore described exceeding a total value of three hundred dollars ($300) and shall not be liable for any excess of the property, whether received or not.

(d) However, an innkeeper or hotelkeeper may, by special arrangement with a guest, receive for deposit in a safe or vault any property upon such terms as they may agree to in writing. Every innkeeper or hotelkeeper shall be liable for loss of these enumerated articles of a guest in his or her inn or hotel after the articles have been accepted for deposit if the loss was caused by the theft or negligence of the innkeeper, hotelkeeper, or any of their servants.

Acts 1913, No. 217, §§ 1, 1a, 2a; C. & M. Dig., §§ 5564-5566; Pope's Dig., §§ 7202-7204; A.S.A. 1947, §§ 71-1107 -- 71-1109.
Ark. Code Ann. § 20-77-136 — AR Code / Title 20 / Chapter 77 / Subchapter 1 / Section 20-77-136
Additional albuterol inhaler
Status: in_force

(a) Annually in the month of August, the Arkansas Medicaid Program shall cover the cost of one (1) additional albuterol inhaler for a Medicaid beneficiary who has been prescribed an albuterol inhaler and who is under eighteen (18) years of age. (b) The Department of Human Services shall apply for any federal waiver, Medicaid state plan amendments, or other authority necessary to implement this section. (c) This section applies to Medicaid beneficiaries in the fee-for-service Arkansas Medicaid Program and the managed care Arkansas Medicaid Program. Added by Act 2019, No. 856,§ 1, eff. 7/24/2019.

(a) Annually in the month of August, the Arkansas Medicaid Program shall cover the cost of one (1) additional albuterol inhaler for a Medicaid beneficiary who has been prescribed an albuterol inhaler and who is under eighteen (18) years of age.

(b) The Department of Human Services shall apply for any federal waiver, Medicaid state plan amendments, or other authority necessary to implement this section.

(c) This section applies to Medicaid beneficiaries in the fee-for-service Arkansas Medicaid Program and the managed care Arkansas Medicaid Program.

Added by Act 2019, No. 856,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 20-17-906 — AR Code / Title 20 / Chapter 17 / Subchapter 9 / Section 20-17-906
Disposition of abandoned cemetery lots - Definition
Status: in_force

(a) As used in this section, "lot" means any lot or portion of a lot in a cemetery owned by a county or municipality which has not been used for the interment of human remains and for which no provision for perpetual care was made at the time the lot was sold or at any time subsequent to the time the lot was sold. (b) The governing body of any county or municipality or other officials having control over a cemetery may maintain in the circuit court in the county within which the cemetery is located a proceeding for the termination and forfeiture of the rights and interests of an owner of any lot or lots in the cemetery whenever the present owner of the lot is unknown to the governing body of the county or municipality or other officials and a period of at least seventy-five (75) years has passed since any portion of the lot has been used for interment purposes. (c) (1) The proceeding shall be commenced by the filing of a verified petition with the clerk of the circuit court. (2) The petition shall: (A) Identify the lot or lots; (B) State that the portion of the lot to be reclaimed has not been used for the interment of human remains and that a core or sound test has been conducted to determine that the portion contains no remains; (C) State that the present owner of the lot is unknown to the governing body of the county or municipality or other officials having control over the cemetery; (D) State that a period of at least seventy-five (75) years has passed since any portion of the lot was used for interment purposes; and (E) Request that the court issue an order declaring the lot abandoned and further declaring all of the rights and interests of the owner terminated and forfeited. (3) The petition shall be accompanied by an affidavit by the governing body of the county or municipality or other officials that a diligent search to locate the present owner of the lot has been made but that the owner has not been located. (d) Upon the filing of the petition and affidavit, the clerk of the circuit court shall fix a time for a hearing on the petition not less than thirty (30) days nor more than ninety (90) days after the date of the filing. (e) (1) The governing body of the county or municipality or other officials shall give notice of the hearing: (A) By posting copies of the notice in three (3) conspicuous places in the cemetery which is owned or operated by the governing body or other officials; (B) By mailing a copy of the notice by registered mail to the last known owner of the lot; and (C) By publishing the notice one (1) time each week for three (3) successive weeks in some newspaper of general circulation in the county within which the cemetery is located, the first publication being made not less than thirty (30) days before the date of hearing. (2) The notice shall identify the lot and shall state: (A) The name and address of the last known owner of the lot; (B) That a hearing will be held to determine whether or not the present owner of the lot shall have his or her right and interest terminated and forfeited by a declaration of abandonment of the lot; and (C) The time and place of the hearing. (f) If upon the hearing the court determines from the evidence presented that the present owner of the lot is unknown, that the governing body or other officials have made a diligent search to locate the present owner, that a period of seventy-five (75) years or more has passed since any portion of the lot has been used for human interment, and that a core or sound test has been conducted to determine that the lot contains no remains, then a decree shall be entered adjudicating the lot, lots, or parts thereof, to have been abandoned and, further, ordering the subsequent termination and forfeiture of all rights and interests of the owner. (g) The court shall dismiss the proceeding if it determines any of the following from the evidence which is presented: (1) That any of the material facts stated in the petition are not true; (2) That the identity of the present owner of the lot is known; or (3) That the governing body or other official has not made a diligent search to locate the present owner. (h) (1) Upon order of the court declaring the lot to be abandoned, the full title to the lot shall revert to the cemetery. (2) The order of the court shall not become final until one (1) year after the date on which it is entered. During that time, any person may petition the court to reopen the proceeding, and the court, after notice to the governing body or other officials, may reopen the proceeding and may hear and consider any additional evidence regarding the ownership of the lot and may modify or amend the order which it made or, if the court makes any of the determinations under subsection (g) of this section, it shall dismiss the proceeding. (i) (1) Within thirty (30) days after the date on which the court order is entered, the governing body or other officials shall publish notice of the order: (A) One (1) time in a newspaper of general circulation in the county in which the cemetery is located; and (B) By mailing a copy of the order by registered mail to the last known owner of the lot or to the last known owner of the right of interment in the lot. (2) The notice which is mailed and published shall identify the lot which is covered by the order and shall state: (A) The name and address of the last known owner of the lot; (B) That the court has ordered that the lot is to be declared abandoned and that the court has further ordered that the rights and interests of the owner are to be subsequently terminated and forfeited; and (C) The date upon which the order of the court will become final. (j) The lot shall be deemed abandoned, and the rights and interests of the present owner shall be terminated and forfeited as of the date upon which the order of the court becomes final. Thereafter, the cemetery shall be the owner of the lot and may resell or otherwise recover it. (k) The proceeds derived from any sale of a lot, the ownership of which is obtained as provided in this section, shall be used as follows: (1) First, to reimburse the petitioner for the costs of suit and necessary expenses including attorney's fees incurred by the petitioner in the proceeding; and (2) Then, of the remainder of the proceeds: (A) Not less than seventy-five percent (75%) shall be held in trust and shall be used only for expenses of administration, maintenance, restoration, preservation, and other improvements of the cemetery; and (B) Any amounts remaining thereafter shall be used for immediate improvements and maintenance of the cemetery. (l) In no event shall any existing monument, retaining wall, fence, bench, or other ornamentation be altered or removed by the petitioner or his or her agent or employee or by any subsequent owner of a lot reclaimed and sold as provided in this section. Acts 1995, No. 464, § 1.

(a) As used in this section, "lot" means any lot or portion of a lot in a cemetery owned by a county or municipality which has not been used for the interment of human remains and for which no provision for perpetual care was made at the time the lot was sold or at any time subsequent to the time the lot was sold.

(b) The governing body of any county or municipality or other officials having control over a cemetery may maintain in the circuit court in the county within which the cemetery is located a proceeding for the termination and forfeiture of the rights and interests of an owner of any lot or lots in the cemetery whenever the present owner of the lot is unknown to the governing body of the county or municipality or other officials and a period of at least seventy-five (75) years has passed since any portion of the lot has been used for interment purposes.

(c) (1) The proceeding shall be commenced by the filing of a verified petition with the clerk of the circuit court. (2) The petition shall: (A) Identify the lot or lots; (B) State that the portion of the lot to be reclaimed has not been used for the interment of human remains and that a core or sound test has been conducted to determine that the portion contains no remains; (C) State that the present owner of the lot is unknown to the governing body of the county or municipality or other officials having control over the cemetery; (D) State that a period of at least seventy-five (75) years has passed since any portion of the lot was used for interment purposes; and (E) Request that the court issue an order declaring the lot abandoned and further declaring all of the rights and interests of the owner terminated and forfeited. (3) The petition shall be accompanied by an affidavit by the governing body of the county or municipality or other officials that a diligent search to locate the present owner of the lot has been made but that the owner has not been located.

(1) The proceeding shall be commenced by the filing of a verified petition with the clerk of the circuit court.

(2) The petition shall: (A) Identify the lot or lots; (B) State that the portion of the lot to be reclaimed has not been used for the interment of human remains and that a core or sound test has been conducted to determine that the portion contains no remains; (C) State that the present owner of the lot is unknown to the governing body of the county or municipality or other officials having control over the cemetery; (D) State that a period of at least seventy-five (75) years has passed since any portion of the lot was used for interment purposes; and (E) Request that the court issue an order declaring the lot abandoned and further declaring all of the rights and interests of the owner terminated and forfeited.

(A) Identify the lot or lots;

(B) State that the portion of the lot to be reclaimed has not been used for the interment of human remains and that a core or sound test has been conducted to determine that the portion contains no remains;

(C) State that the present owner of the lot is unknown to the governing body of the county or municipality or other officials having control over the cemetery;

(D) State that a period of at least seventy-five (75) years has passed since any portion of the lot was used for interment purposes; and

(E) Request that the court issue an order declaring the lot abandoned and further declaring all of the rights and interests of the owner terminated and forfeited.

(3) The petition shall be accompanied by an affidavit by the governing body of the county or municipality or other officials that a diligent search to locate the present owner of the lot has been made but that the owner has not been located.

(d) Upon the filing of the petition and affidavit, the clerk of the circuit court shall fix a time for a hearing on the petition not less than thirty (30) days nor more than ninety (90) days after the date of the filing.

(e) (1) The governing body of the county or municipality or other officials shall give notice of the hearing: (A) By posting copies of the notice in three (3) conspicuous places in the cemetery which is owned or operated by the governing body or other officials; (B) By mailing a copy of the notice by registered mail to the last known owner of the lot; and (C) By publishing the notice one (1) time each week for three (3) successive weeks in some newspaper of general circulation in the county within which the cemetery is located, the first publication being made not less than thirty (30) days before the date of hearing. (2) The notice shall identify the lot and shall state: (A) The name and address of the last known owner of the lot; (B) That a hearing will be held to determine whether or not the present owner of the lot shall have his or her right and interest terminated and forfeited by a declaration of abandonment of the lot; and (C) The time and place of the hearing.

(1) The governing body of the county or municipality or other officials shall give notice of the hearing: (A) By posting copies of the notice in three (3) conspicuous places in the cemetery which is owned or operated by the governing body or other officials; (B) By mailing a copy of the notice by registered mail to the last known owner of the lot; and (C) By publishing the notice one (1) time each week for three (3) successive weeks in some newspaper of general circulation in the county within which the cemetery is located, the first publication being made not less than thirty (30) days before the date of hearing.

(A) By posting copies of the notice in three (3) conspicuous places in the cemetery which is owned or operated by the governing body or other officials;

(B) By mailing a copy of the notice by registered mail to the last known owner of the lot; and

(C) By publishing the notice one (1) time each week for three (3) successive weeks in some newspaper of general circulation in the county within which the cemetery is located, the first publication being made not less than thirty (30) days before the date of hearing.

(2) The notice shall identify the lot and shall state: (A) The name and address of the last known owner of the lot; (B) That a hearing will be held to determine whether or not the present owner of the lot shall have his or her right and interest terminated and forfeited by a declaration of abandonment of the lot; and (C) The time and place of the hearing.

(A) The name and address of the last known owner of the lot;

(B) That a hearing will be held to determine whether or not the present owner of the lot shall have his or her right and interest terminated and forfeited by a declaration of abandonment of the lot; and

(C) The time and place of the hearing.

(f) If upon the hearing the court determines from the evidence presented that the present owner of the lot is unknown, that the governing body or other officials have made a diligent search to locate the present owner, that a period of seventy-five (75) years or more has passed since any portion of the lot has been used for human interment, and that a core or sound test has been conducted to determine that the lot contains no remains, then a decree shall be entered adjudicating the lot, lots, or parts thereof, to have been abandoned and, further, ordering the subsequent termination and forfeiture of all rights and interests of the owner.

(g) The court shall dismiss the proceeding if it determines any of the following from the evidence which is presented: (1) That any of the material facts stated in the petition are not true; (2) That the identity of the present owner of the lot is known; or (3) That the governing body or other official has not made a diligent search to locate the present owner.

(1) That any of the material facts stated in the petition are not true;

(2) That the identity of the present owner of the lot is known; or

(3) That the governing body or other official has not made a diligent search to locate the present owner.

(h) (1) Upon order of the court declaring the lot to be abandoned, the full title to the lot shall revert to the cemetery. (2) The order of the court shall not become final until one (1) year after the date on which it is entered. During that time, any person may petition the court to reopen the proceeding, and the court, after notice to the governing body or other officials, may reopen the proceeding and may hear and consider any additional evidence regarding the ownership of the lot and may modify or amend the order which it made or, if the court makes any of the determinations under subsection (g) of this section, it shall dismiss the proceeding.

(1) Upon order of the court declaring the lot to be abandoned, the full title to the lot shall revert to the cemetery.

(2) The order of the court shall not become final until one (1) year after the date on which it is entered. During that time, any person may petition the court to reopen the proceeding, and the court, after notice to the governing body or other officials, may reopen the proceeding and may hear and consider any additional evidence regarding the ownership of the lot and may modify or amend the order which it made or, if the court makes any of the determinations under subsection (g) of this section, it shall dismiss the proceeding.

(i) (1) Within thirty (30) days after the date on which the court order is entered, the governing body or other officials shall publish notice of the order: (A) One (1) time in a newspaper of general circulation in the county in which the cemetery is located; and (B) By mailing a copy of the order by registered mail to the last known owner of the lot or to the last known owner of the right of interment in the lot. (2) The notice which is mailed and published shall identify the lot which is covered by the order and shall state: (A) The name and address of the last known owner of the lot; (B) That the court has ordered that the lot is to be declared abandoned and that the court has further ordered that the rights and interests of the owner are to be subsequently terminated and forfeited; and (C) The date upon which the order of the court will become final.

(1) Within thirty (30) days after the date on which the court order is entered, the governing body or other officials shall publish notice of the order: (A) One (1) time in a newspaper of general circulation in the county in which the cemetery is located; and (B) By mailing a copy of the order by registered mail to the last known owner of the lot or to the last known owner of the right of interment in the lot.

(A) One (1) time in a newspaper of general circulation in the county in which the cemetery is located; and

(B) By mailing a copy of the order by registered mail to the last known owner of the lot or to the last known owner of the right of interment in the lot.

(2) The notice which is mailed and published shall identify the lot which is covered by the order and shall state: (A) The name and address of the last known owner of the lot; (B) That the court has ordered that the lot is to be declared abandoned and that the court has further ordered that the rights and interests of the owner are to be subsequently terminated and forfeited; and (C) The date upon which the order of the court will become final.

(A) The name and address of the last known owner of the lot;

(B) That the court has ordered that the lot is to be declared abandoned and that the court has further ordered that the rights and interests of the owner are to be subsequently terminated and forfeited; and

(C) The date upon which the order of the court will become final.

(j) The lot shall be deemed abandoned, and the rights and interests of the present owner shall be terminated and forfeited as of the date upon which the order of the court becomes final. Thereafter, the cemetery shall be the owner of the lot and may resell or otherwise recover it.

(k) The proceeds derived from any sale of a lot, the ownership of which is obtained as provided in this section, shall be used as follows: (1) First, to reimburse the petitioner for the costs of suit and necessary expenses including attorney's fees incurred by the petitioner in the proceeding; and (2) Then, of the remainder of the proceeds: (A) Not less than seventy-five percent (75%) shall be held in trust and shall be used only for expenses of administration, maintenance, restoration, preservation, and other improvements of the cemetery; and (B) Any amounts remaining thereafter shall be used for immediate improvements and maintenance of the cemetery.

(1) First, to reimburse the petitioner for the costs of suit and necessary expenses including attorney's fees incurred by the petitioner in the proceeding; and

(2) Then, of the remainder of the proceeds: (A) Not less than seventy-five percent (75%) shall be held in trust and shall be used only for expenses of administration, maintenance, restoration, preservation, and other improvements of the cemetery; and (B) Any amounts remaining thereafter shall be used for immediate improvements and maintenance of the cemetery.

(A) Not less than seventy-five percent (75%) shall be held in trust and shall be used only for expenses of administration, maintenance, restoration, preservation, and other improvements of the cemetery; and

(B) Any amounts remaining thereafter shall be used for immediate improvements and maintenance of the cemetery.

(l) In no event shall any existing monument, retaining wall, fence, bench, or other ornamentation be altered or removed by the petitioner or his or her agent or employee or by any subsequent owner of a lot reclaimed and sold as provided in this section.

Acts 1995, No. 464, § 1.
Ark. Code Ann. § 20-59-506 — AR Code / Title 20 / Chapter 59 / Subchapter 5 / Section 20-59-506
[Repealed]
Status: repealed

Amended by Act 2019, No. 910,§ 5071, eff. 7/1/2019. Repealed by Act 2019, No. 1091,§ 8, eff. 7/24/2019. Acts 1981, No. 506, §§ 4, 5; A.S.A. 1947, §§ 82-4019, 82-4020.

Amended by Act 2019, No. 910,§ 5071, eff. 7/1/2019.

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

Acts 1981, No. 506, §§ 4, 5; A.S.A. 1947, §§ 82-4019, 82-4020.
Ark. Code Ann. § 20-17-503 — AR Code / Title 20 / Chapter 17 / Subchapter 5 / Section 20-17-503
Informational or educational booklets
Status: in_force

(a) If booklets or other information sources on the importance of organ donations are provided through the grant program established under § 20-17-502 , the Revenue Division of the Department of Finance and Administration shall make the materials available to the public through the various offices of the division. (b) The booklets or other information sources shall be approved by the Department of Health. Acts 2003, No. 1362, § 4.

(a) If booklets or other information sources on the importance of organ donations are provided through the grant program established under § 20-17-502 , the Revenue Division of the Department of Finance and Administration shall make the materials available to the public through the various offices of the division.

(b) The booklets or other information sources shall be approved by the Department of Health.

Acts 2003, No. 1362, § 4.
Ark. Code Ann. § 20-8-203 — AR Code / Title 20 / Chapter 8 / Subchapter 2 / Section 20-8-203
Powers and duties
Status: in_force

The Arkansas Spinal Cord Commission shall have the following functions, powers, and duties: (1) To identify and cooperate with existing agencies, organizations, and individuals offering services to the spinal cord injured or spina bifida patient for the establishment and integration of a statewide system of treatment, rehabilitation, counseling, and social services by means of entering into cooperative agreement with the agencies, organizations, and individuals. The programs shall be designed and administered to: (A) Provide for coordinated and integrated development and continued review of a full treatment and rehabilitation plan for each qualified applicant patient; (B) Identify all possible and existing funding sources for each type of service identified in the treatment plan for which a qualified patient may be eligible and assist the patient in obtaining funding assistance for which he or she is eligible from existing sources; (C) Assess the patient's financial ability to pay for needed services identified in the treatment plan for which no other funding sources are available; (D) Provide financial assistance for persons unable to pay for the services, including special equipment, without causing unjust and unusual hardship, including, but not limited to, a drastic lowering of the standard of living to the person or his or her immediate family; (E) Identify service needs which cannot be adequately met by existing resources; (F) Provide for increased accountability by documenting the full range of fiscal resources being invested from the various funding sources toward the achievement of each patient's service plan objectives; and (G) Provide an annual report to the Secretary of the Department of Health, to the General Assembly, and to the public documenting areas of success, unresolved problems, and overall cost-benefit analyses of expenditures from the various sources; (2) (A) To develop or cause to be developed an Arkansas spinal cord treatment center and system to serve the entire state through the provision of such direct and indirect services as may be identified and documented as provided in subdivision (1) of this section. (B) The center and system may provide such services as: (i) Specialized emergency and acute care; (ii) Specialized emergency transfer services; (iii) Specialized diagnostic and prescriptive services; (iv) Specialized rehabilitative services; (v) Family education and home care outreach services; (vi) Coordinated services; (vii) Continuing educational services for physicians and other health professionals and paraprofessionals who deal with the spinal cord patient; and (viii) Other services deemed necessary and appropriate by the commission. (C) At such time as an Arkansas spinal cord treatment center is established, the commission shall serve as its board of directors and may either directly administer the operation of the center or may enter into contractual agreements with existing institutions for facilities, staffing, and administrative services or such other services as the commission deems appropriate. (D) (i) Until an Arkansas spinal cord treatment center is established, or after a center is established, the commission may contract and pay for services provided by other institutions whenever the commission determines it to be in the best interest of a spinal cord injured person. (ii) It is the intent of this subchapter that the commission have broad discretion in providing or obtaining for spinal cord injured patients a complete level of services which the commission deems to be in the best interest of the patient, as set forth in this subchapter; (3) To work with all appropriate agencies, organizations, and individuals throughout the state to develop a fully integrated statewide network of coordinated services for spinal cord patients covering all needed services from the detection of spinal cord injuries or congenital conditions through the related phases of emergency care and transfer, acute and definitive care, and rehabilitative and follow-up care and to thus effect a measured reduction in spinal cord-related morbidity and mortality, long-term disability, and long-term maintenance system expenditures of public funds; (4) To provide special expert consultation and services to cooperating and participating agencies, institutions, and individuals, including appropriate elements of the emergency medical services system, on the emergency care and transportation of spinal cord injured persons as well as to other agencies, institutions, and individuals responsible for the delivery of professional medical and health sciences education and training necessary for providing appropriate progressive and evolving specialized programs of treatment of service to spinal cord injured and spina bifida patients; (5) To develop standards for determining eligibility for assistance to defray the cost of care and treatment of spinal cord patients under this program; and (6) To accept gifts, grants, and donations from private sources, from municipal and county governments, from the state, and from the United States Government to be used for the purposes of this subchapter to defray costs incurred by persons suffering from spinal cord disability who are unable to meet the total cost of treatment and rehabilitation and to promote the development of specialized service capability found to be needed but not available. Amended by Act 2019, No. 910,§ 4960, eff. 7/1/2019. Acts 1975, No. 311, § 4; A.S.A. 1947, § 82-3304.

The Arkansas Spinal Cord Commission shall have the following functions, powers, and duties:

(1) To identify and cooperate with existing agencies, organizations, and individuals offering services to the spinal cord injured or spina bifida patient for the establishment and integration of a statewide system of treatment, rehabilitation, counseling, and social services by means of entering into cooperative agreement with the agencies, organizations, and individuals. The programs shall be designed and administered to: (A) Provide for coordinated and integrated development and continued review of a full treatment and rehabilitation plan for each qualified applicant patient; (B) Identify all possible and existing funding sources for each type of service identified in the treatment plan for which a qualified patient may be eligible and assist the patient in obtaining funding assistance for which he or she is eligible from existing sources; (C) Assess the patient's financial ability to pay for needed services identified in the treatment plan for which no other funding sources are available; (D) Provide financial assistance for persons unable to pay for the services, including special equipment, without causing unjust and unusual hardship, including, but not limited to, a drastic lowering of the standard of living to the person or his or her immediate family; (E) Identify service needs which cannot be adequately met by existing resources; (F) Provide for increased accountability by documenting the full range of fiscal resources being invested from the various funding sources toward the achievement of each patient's service plan objectives; and (G) Provide an annual report to the Secretary of the Department of Health, to the General Assembly, and to the public documenting areas of success, unresolved problems, and overall cost-benefit analyses of expenditures from the various sources;

(A) Provide for coordinated and integrated development and continued review of a full treatment and rehabilitation plan for each qualified applicant patient;

(B) Identify all possible and existing funding sources for each type of service identified in the treatment plan for which a qualified patient may be eligible and assist the patient in obtaining funding assistance for which he or she is eligible from existing sources;

(C) Assess the patient's financial ability to pay for needed services identified in the treatment plan for which no other funding sources are available;

(D) Provide financial assistance for persons unable to pay for the services, including special equipment, without causing unjust and unusual hardship, including, but not limited to, a drastic lowering of the standard of living to the person or his or her immediate family;

(E) Identify service needs which cannot be adequately met by existing resources;

(F) Provide for increased accountability by documenting the full range of fiscal resources being invested from the various funding sources toward the achievement of each patient's service plan objectives; and

(G) Provide an annual report to the Secretary of the Department of Health, to the General Assembly, and to the public documenting areas of success, unresolved problems, and overall cost-benefit analyses of expenditures from the various sources;

(2) (A) To develop or cause to be developed an Arkansas spinal cord treatment center and system to serve the entire state through the provision of such direct and indirect services as may be identified and documented as provided in subdivision (1) of this section. (B) The center and system may provide such services as: (i) Specialized emergency and acute care; (ii) Specialized emergency transfer services; (iii) Specialized diagnostic and prescriptive services; (iv) Specialized rehabilitative services; (v) Family education and home care outreach services; (vi) Coordinated services; (vii) Continuing educational services for physicians and other health professionals and paraprofessionals who deal with the spinal cord patient; and (viii) Other services deemed necessary and appropriate by the commission. (C) At such time as an Arkansas spinal cord treatment center is established, the commission shall serve as its board of directors and may either directly administer the operation of the center or may enter into contractual agreements with existing institutions for facilities, staffing, and administrative services or such other services as the commission deems appropriate. (D) (i) Until an Arkansas spinal cord treatment center is established, or after a center is established, the commission may contract and pay for services provided by other institutions whenever the commission determines it to be in the best interest of a spinal cord injured person. (ii) It is the intent of this subchapter that the commission have broad discretion in providing or obtaining for spinal cord injured patients a complete level of services which the commission deems to be in the best interest of the patient, as set forth in this subchapter;

(A) To develop or cause to be developed an Arkansas spinal cord treatment center and system to serve the entire state through the provision of such direct and indirect services as may be identified and documented as provided in subdivision (1) of this section.

(B) The center and system may provide such services as: (i) Specialized emergency and acute care; (ii) Specialized emergency transfer services; (iii) Specialized diagnostic and prescriptive services; (iv) Specialized rehabilitative services; (v) Family education and home care outreach services; (vi) Coordinated services; (vii) Continuing educational services for physicians and other health professionals and paraprofessionals who deal with the spinal cord patient; and (viii) Other services deemed necessary and appropriate by the commission.

(i) Specialized emergency and acute care;

(ii) Specialized emergency transfer services;

(iii) Specialized diagnostic and prescriptive services;

(iv) Specialized rehabilitative services;

(v) Family education and home care outreach services;

(vi) Coordinated services;

(vii) Continuing educational services for physicians and other health professionals and paraprofessionals who deal with the spinal cord patient; and

(viii) Other services deemed necessary and appropriate by the commission.

(C) At such time as an Arkansas spinal cord treatment center is established, the commission shall serve as its board of directors and may either directly administer the operation of the center or may enter into contractual agreements with existing institutions for facilities, staffing, and administrative services or such other services as the commission deems appropriate.

(D) (i) Until an Arkansas spinal cord treatment center is established, or after a center is established, the commission may contract and pay for services provided by other institutions whenever the commission determines it to be in the best interest of a spinal cord injured person. (ii) It is the intent of this subchapter that the commission have broad discretion in providing or obtaining for spinal cord injured patients a complete level of services which the commission deems to be in the best interest of the patient, as set forth in this subchapter;

(i) Until an Arkansas spinal cord treatment center is established, or after a center is established, the commission may contract and pay for services provided by other institutions whenever the commission determines it to be in the best interest of a spinal cord injured person.

(ii) It is the intent of this subchapter that the commission have broad discretion in providing or obtaining for spinal cord injured patients a complete level of services which the commission deems to be in the best interest of the patient, as set forth in this subchapter;

(3) To work with all appropriate agencies, organizations, and individuals throughout the state to develop a fully integrated statewide network of coordinated services for spinal cord patients covering all needed services from the detection of spinal cord injuries or congenital conditions through the related phases of emergency care and transfer, acute and definitive care, and rehabilitative and follow-up care and to thus effect a measured reduction in spinal cord-related morbidity and mortality, long-term disability, and long-term maintenance system expenditures of public funds;

(4) To provide special expert consultation and services to cooperating and participating agencies, institutions, and individuals, including appropriate elements of the emergency medical services system, on the emergency care and transportation of spinal cord injured persons as well as to other agencies, institutions, and individuals responsible for the delivery of professional medical and health sciences education and training necessary for providing appropriate progressive and evolving specialized programs of treatment of service to spinal cord injured and spina bifida patients;

(5) To develop standards for determining eligibility for assistance to defray the cost of care and treatment of spinal cord patients under this program; and

(6) To accept gifts, grants, and donations from private sources, from municipal and county governments, from the state, and from the United States Government to be used for the purposes of this subchapter to defray costs incurred by persons suffering from spinal cord disability who are unable to meet the total cost of treatment and rehabilitation and to promote the development of specialized service capability found to be needed but not available.

Amended by Act 2019, No. 910,§ 4960, eff. 7/1/2019.

Acts 1975, No. 311, § 4; A.S.A. 1947, § 82-3304.
Ark. Code Ann. § 20-78-606 — AR Code / Title 20 / Chapter 78 / Subchapter 6 / Section 20-78-606
Criminal history records checks required - Definitions
Status: in_force

(a) As used in this section: (1) "Registry records check" means the review of one (1) or more database systems maintained by a state agency that contain information relative to a person's suitability for licensure or certification as a service provider or employment with a service provider to provide care as that term is defined in § 20-38-101 ; and (2) "Service provider" means any of the following: (A) A childcare facility as defined by § 20-78-202 ; and (B) A church-exempt childcare facility as recognized under § 20-78-209 . (b) Beginning September 1, 2009, a service provider is subject to the requirements of this section and § 20-38-101 et seq. concerning criminal history records checks. (c) (1) A person offered employment with a service provider on or after September 1, 2009, is subject to the requirements of this section and § 20-38-101 et seq., concerning criminal history records checks. (2) (A) A person who was offered employment by a service provider before September 1, 2009, was subject to a criminal history records check under §§ 20-78-601 - 20-78-605 [repealed], and has continued to be employed by the service provider who initiated the criminal history records check may continue employment with the service provider based on the results of the criminal history records check process conducted under §§ 20-78-601 - 20-78-605 [repealed]. (B) When the person next undergoes a periodic criminal history records check, the person's continued employment with the service provider is contingent on the results of a criminal history records check under § 20-38-101 et seq. (d) (1) The person who signs an application for licensure or certification as a service provider on or after September 1, 2009, is subject to the requirements of this section and § 20-38-101 et seq., concerning criminal history records checks. (2) (A) The person who signed an application for licensure or certification of a service provider before September 1, 2009, was subject to a criminal history records check under §§ 20-78-601 - 20-78-605 [repealed], and has continued to maintain the licensure or certification of the service provider may continue to maintain the licensure or certification of the service provider based on the results of the criminal history records check process conducted under §§ 20-78-601 - 20-78-605 [repealed]. (B) When the service provider next undergoes a periodic criminal history records check, the service provider's continued licensure or certification is contingent on the results of a criminal history records check under § 20-38-101 et seq. (e) The Division of Child Care and Early Childhood Education of the Department of Education shall establish by rule requirements for registry records checks for: (1) An applicant for licensure or exemption from licensure as a service provider; (2) An applicant for employment with a service provider; and (3) An employee of a service provider. (f) The division shall establish by rule requirements for criminal history and registry records checks of persons who volunteer for a service provider. Amended by Act 2023, No. 237,§ 67, eff. 7/1/2023. Acts 2009, No. 762, § 11.

(a) As used in this section: (1) "Registry records check" means the review of one (1) or more database systems maintained by a state agency that contain information relative to a person's suitability for licensure or certification as a service provider or employment with a service provider to provide care as that term is defined in § 20-38-101 ; and (2) "Service provider" means any of the following: (A) A childcare facility as defined by § 20-78-202 ; and (B) A church-exempt childcare facility as recognized under § 20-78-209 .

(1) "Registry records check" means the review of one (1) or more database systems maintained by a state agency that contain information relative to a person's suitability for licensure or certification as a service provider or employment with a service provider to provide care as that term is defined in § 20-38-101 ; and

(2) "Service provider" means any of the following: (A) A childcare facility as defined by § 20-78-202 ; and (B) A church-exempt childcare facility as recognized under § 20-78-209 .

(A) A childcare facility as defined by § 20-78-202 ; and

(B) A church-exempt childcare facility as recognized under § 20-78-209 .

(b) Beginning September 1, 2009, a service provider is subject to the requirements of this section and § 20-38-101 et seq. concerning criminal history records checks.

(c) (1) A person offered employment with a service provider on or after September 1, 2009, is subject to the requirements of this section and § 20-38-101 et seq., concerning criminal history records checks. (2) (A) A person who was offered employment by a service provider before September 1, 2009, was subject to a criminal history records check under §§ 20-78-601 - 20-78-605 [repealed], and has continued to be employed by the service provider who initiated the criminal history records check may continue employment with the service provider based on the results of the criminal history records check process conducted under §§ 20-78-601 - 20-78-605 [repealed]. (B) When the person next undergoes a periodic criminal history records check, the person's continued employment with the service provider is contingent on the results of a criminal history records check under § 20-38-101 et seq.

(1) A person offered employment with a service provider on or after September 1, 2009, is subject to the requirements of this section and § 20-38-101 et seq., concerning criminal history records checks.

(2) (A) A person who was offered employment by a service provider before September 1, 2009, was subject to a criminal history records check under §§ 20-78-601 - 20-78-605 [repealed], and has continued to be employed by the service provider who initiated the criminal history records check may continue employment with the service provider based on the results of the criminal history records check process conducted under §§ 20-78-601 - 20-78-605 [repealed]. (B) When the person next undergoes a periodic criminal history records check, the person's continued employment with the service provider is contingent on the results of a criminal history records check under § 20-38-101 et seq.

(A) A person who was offered employment by a service provider before September 1, 2009, was subject to a criminal history records check under §§ 20-78-601 - 20-78-605 [repealed], and has continued to be employed by the service provider who initiated the criminal history records check may continue employment with the service provider based on the results of the criminal history records check process conducted under §§ 20-78-601 - 20-78-605 [repealed].

(B) When the person next undergoes a periodic criminal history records check, the person's continued employment with the service provider is contingent on the results of a criminal history records check under § 20-38-101 et seq.

(d) (1) The person who signs an application for licensure or certification as a service provider on or after September 1, 2009, is subject to the requirements of this section and § 20-38-101 et seq., concerning criminal history records checks. (2) (A) The person who signed an application for licensure or certification of a service provider before September 1, 2009, was subject to a criminal history records check under §§ 20-78-601 - 20-78-605 [repealed], and has continued to maintain the licensure or certification of the service provider may continue to maintain the licensure or certification of the service provider based on the results of the criminal history records check process conducted under §§ 20-78-601 - 20-78-605 [repealed]. (B) When the service provider next undergoes a periodic criminal history records check, the service provider's continued licensure or certification is contingent on the results of a criminal history records check under § 20-38-101 et seq.

(1) The person who signs an application for licensure or certification as a service provider on or after September 1, 2009, is subject to the requirements of this section and § 20-38-101 et seq., concerning criminal history records checks.

(2) (A) The person who signed an application for licensure or certification of a service provider before September 1, 2009, was subject to a criminal history records check under §§ 20-78-601 - 20-78-605 [repealed], and has continued to maintain the licensure or certification of the service provider may continue to maintain the licensure or certification of the service provider based on the results of the criminal history records check process conducted under §§ 20-78-601 - 20-78-605 [repealed]. (B) When the service provider next undergoes a periodic criminal history records check, the service provider's continued licensure or certification is contingent on the results of a criminal history records check under § 20-38-101 et seq.

(A) The person who signed an application for licensure or certification of a service provider before September 1, 2009, was subject to a criminal history records check under §§ 20-78-601 - 20-78-605 [repealed], and has continued to maintain the licensure or certification of the service provider may continue to maintain the licensure or certification of the service provider based on the results of the criminal history records check process conducted under §§ 20-78-601 - 20-78-605 [repealed].

(B) When the service provider next undergoes a periodic criminal history records check, the service provider's continued licensure or certification is contingent on the results of a criminal history records check under § 20-38-101 et seq.

(e) The Division of Child Care and Early Childhood Education of the Department of Education shall establish by rule requirements for registry records checks for: (1) An applicant for licensure or exemption from licensure as a service provider; (2) An applicant for employment with a service provider; and (3) An employee of a service provider.

(1) An applicant for licensure or exemption from licensure as a service provider;

(2) An applicant for employment with a service provider; and

(3) An employee of a service provider.

(f) The division shall establish by rule requirements for criminal history and registry records checks of persons who volunteer for a service provider.

Amended by Act 2023, No. 237,§ 67, eff. 7/1/2023.

Acts 2009, No. 762, § 11.
Ark. Code Ann. § 20-16-2001 — AR Code / Title 20 / Chapter 16 / Subchapter 20 / Section 20-16-2001
Title
Status: in_force

This subchapter shall be known and may be cited as the "Cherish Act". Added by Act 2019, No. 493,§ 1, eff. 7/24/2019.

This subchapter shall be known and may be cited as the "Cherish Act".

Added by Act 2019, No. 493,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 20-10-2402 — AR Code / Title 20 / Chapter 10 / Subchapter 24 / Section 20-10-2402
Cost reports
Status: in_force

(a) An assisted living facility participating in, or seeking to participate in, the Arkansas Medicaid Program, including any Medicaid waiver program under 42 U.S.C. § 1396n(c) or 42 U.S.C. § 1315 , shall file a cost report with the Department of Human Services: (1) Annually not later than ninety (90) days after the end of the fiscal year of the facility; (2) Within sixty (60) days of any significant change in the facility's ownership, management, or financial status or solvency; and (3) At any time within sixty (60) days of a written request from the department or the Office of Medicaid Inspector General. (b) (1) The department shall post the cost-reporting instructions, forms, and schedules on its website. (2) The department may revise the cost-reporting instructions, forms, and schedules at any time, following consultation with representatives of the assisted living facility industry and sixty (60) days before written notice to each Medicaid-certified Level II licensed assisted living facility. (3) In the cost-reporting instructions, the department may require electronic submission of cost reports and accompanying information. (c) In preparation and filing of cost reports, each assisted living facility shall: (1) Comply with generally accepted accounting principles and cost-reporting instructions of the department; (2) Follow the accrual method of accounting; and (3) Maintain the working trial balance used in completing the cost reports for each reporting period for a minimum of three (3) years. (d) To be considered complete and timely filed, each cost report shall: (1) Include: (A) (i) All information required by the forms, schedules, certifications, and instructions specified by the department and otherwise comply with generally accepted accounting principles and cost-reporting instructions of the department. (ii) Failure of full disclosure as required by generally accepted accounting principles and cost-reporting instructions shall constitute an incomplete and misleading cost report; (B) Identification of individuals and firms responsible for facility management, accounting and financial reporting, cost report preparation, and internal or independent audits; (C) Owner and related party information; (D) Statistical, occupancy, and staffing information; (E) Certification by the authorized facility officer; (F) Compilation report by the preparer of the cost report or any portion thereof; (G) General operating expenses, including housekeeping, laundry, dietary services, food and dietary supplies, maintenance, utilities, software, and computer equipment; (H) Direct care expenses for providing medically necessary assistance with Medicaid covered activities of daily living and instrumental activities of daily living; (I) General administrative expenses, including administration, marketing, and property, general liability, and professional liability insurance; (J) Employee benefits and payroll taxes expenses; (K) Ownership costs, property related expenses, and all other room and board expenses; (L) Home office expenses and other shared or allocated expenses within or among organizations, owners or related parties, multiple facilities, or different healthcare-related operations; (M) Legal-related and compliance-related expenses, including attorney's fees, payment of court judgments, court costs, civil momentary penalties, other fines or penalties incurred, cost of corrective actions, and other expenses to remedy a deficiency; (N) Copy of any management report, audit report, or written opinion issued by a certified public accountant, accounting or audit firm, or internal auditor or compliance officer concerning the facility's accounting or financial reporting practices, internal auditing practices, or the preparation or contents of the current or any prior cost report; (O) Balance sheet for facility operations and for the consolidated company; (P) Additional information and attachments as necessary to explain cost report contents, provide backup documentation, and describe and justify any variations from the department forms, schedules, or instructions; and (Q) Any other information that the department deems necessary to: (i) Support state or facility compliance with federal requirements, including Medicaid waiver terms and conditions; (ii) Meet generally accepted accounting principles; (iii) Facilitate the performance of independent audits consistent with generally accepted auditing standards and federal and state cost finding standards; (iv) Apply federal and state cost finding standards; or (v) Assess the reasonableness, efficiency, and adequacy of Medicaid payments; and (2) Provide complete, correct, and timely information that the department determines reasonably necessary to: (A) Identify, document, verify, analyze, and audit all facility costs, expenses by type, cost-finding and allocation methods, and cost-related statistics; (B) Identify, document, verify, analyze, and isolate: (i) Reasonable and necessary allowable costs of Medicaid covered direct care services and other reasonable and necessary federally allowable costs; and (ii) Unallowed costs, including all room and board expenses, costs attributable to non-Medicaid residents or non-covered services, and costs that would otherwise be disallowed or considered unreasonable under Medicaid nursing facility cost finding principles; (C) Assist the department in ascertaining and monitoring the financial stability and solvency of assisted living facilities; (D) Verify facility compliance with generally accepted accounting principles and cost-reporting instructions of the department; and (E) Facilitate independent audits consistent with generally accepted auditing standards and federal and state cost finding standards. (e) (1) The department and a designated contractor of the department may request corrections or additional information, including supporting documentation. (2) Facility responses shall be complete, correct, filed timely, certified as true by the facility's authorized executive, and include a preparer's statement if the information was prepared or reviewed by an accountant or auditor. (3) Responses to the department are due within ten (10) days of the request, unless the department authorized additional time in writing. (f) (1) Neither this subchapter nor the content of the cost reports, individually or collectively, requires or implies that the Arkansas Medicaid Program to reimburse for expenses or of cost-based or other payment methodology. (2) This subchapter does not limit the authority of the department regarding assisted living facility licensing or Medicaid provider certification, reimbursement, program integrity, or waiver program policy and operations. Added by Act 2023, No. 198,§ 1, eff. 8/1/2023.

(a) An assisted living facility participating in, or seeking to participate in, the Arkansas Medicaid Program, including any Medicaid waiver program under 42 U.S.C. § 1396n(c) or 42 U.S.C. § 1315 , shall file a cost report with the Department of Human Services: (1) Annually not later than ninety (90) days after the end of the fiscal year of the facility; (2) Within sixty (60) days of any significant change in the facility's ownership, management, or financial status or solvency; and (3) At any time within sixty (60) days of a written request from the department or the Office of Medicaid Inspector General.

(1) Annually not later than ninety (90) days after the end of the fiscal year of the facility;

(2) Within sixty (60) days of any significant change in the facility's ownership, management, or financial status or solvency; and

(3) At any time within sixty (60) days of a written request from the department or the Office of Medicaid Inspector General.

(b) (1) The department shall post the cost-reporting instructions, forms, and schedules on its website. (2) The department may revise the cost-reporting instructions, forms, and schedules at any time, following consultation with representatives of the assisted living facility industry and sixty (60) days before written notice to each Medicaid-certified Level II licensed assisted living facility. (3) In the cost-reporting instructions, the department may require electronic submission of cost reports and accompanying information.

(1) The department shall post the cost-reporting instructions, forms, and schedules on its website.

(2) The department may revise the cost-reporting instructions, forms, and schedules at any time, following consultation with representatives of the assisted living facility industry and sixty (60) days before written notice to each Medicaid-certified Level II licensed assisted living facility.

(3) In the cost-reporting instructions, the department may require electronic submission of cost reports and accompanying information.

(c) In preparation and filing of cost reports, each assisted living facility shall: (1) Comply with generally accepted accounting principles and cost-reporting instructions of the department; (2) Follow the accrual method of accounting; and (3) Maintain the working trial balance used in completing the cost reports for each reporting period for a minimum of three (3) years.

(1) Comply with generally accepted accounting principles and cost-reporting instructions of the department;

(2) Follow the accrual method of accounting; and

(3) Maintain the working trial balance used in completing the cost reports for each reporting period for a minimum of three (3) years.

(d) To be considered complete and timely filed, each cost report shall: (1) Include: (A) (i) All information required by the forms, schedules, certifications, and instructions specified by the department and otherwise comply with generally accepted accounting principles and cost-reporting instructions of the department. (ii) Failure of full disclosure as required by generally accepted accounting principles and cost-reporting instructions shall constitute an incomplete and misleading cost report; (B) Identification of individuals and firms responsible for facility management, accounting and financial reporting, cost report preparation, and internal or independent audits; (C) Owner and related party information; (D) Statistical, occupancy, and staffing information; (E) Certification by the authorized facility officer; (F) Compilation report by the preparer of the cost report or any portion thereof; (G) General operating expenses, including housekeeping, laundry, dietary services, food and dietary supplies, maintenance, utilities, software, and computer equipment; (H) Direct care expenses for providing medically necessary assistance with Medicaid covered activities of daily living and instrumental activities of daily living; (I) General administrative expenses, including administration, marketing, and property, general liability, and professional liability insurance; (J) Employee benefits and payroll taxes expenses; (K) Ownership costs, property related expenses, and all other room and board expenses; (L) Home office expenses and other shared or allocated expenses within or among organizations, owners or related parties, multiple facilities, or different healthcare-related operations; (M) Legal-related and compliance-related expenses, including attorney's fees, payment of court judgments, court costs, civil momentary penalties, other fines or penalties incurred, cost of corrective actions, and other expenses to remedy a deficiency; (N) Copy of any management report, audit report, or written opinion issued by a certified public accountant, accounting or audit firm, or internal auditor or compliance officer concerning the facility's accounting or financial reporting practices, internal auditing practices, or the preparation or contents of the current or any prior cost report; (O) Balance sheet for facility operations and for the consolidated company; (P) Additional information and attachments as necessary to explain cost report contents, provide backup documentation, and describe and justify any variations from the department forms, schedules, or instructions; and (Q) Any other information that the department deems necessary to: (i) Support state or facility compliance with federal requirements, including Medicaid waiver terms and conditions; (ii) Meet generally accepted accounting principles; (iii) Facilitate the performance of independent audits consistent with generally accepted auditing standards and federal and state cost finding standards; (iv) Apply federal and state cost finding standards; or (v) Assess the reasonableness, efficiency, and adequacy of Medicaid payments; and (2) Provide complete, correct, and timely information that the department determines reasonably necessary to: (A) Identify, document, verify, analyze, and audit all facility costs, expenses by type, cost-finding and allocation methods, and cost-related statistics; (B) Identify, document, verify, analyze, and isolate: (i) Reasonable and necessary allowable costs of Medicaid covered direct care services and other reasonable and necessary federally allowable costs; and (ii) Unallowed costs, including all room and board expenses, costs attributable to non-Medicaid residents or non-covered services, and costs that would otherwise be disallowed or considered unreasonable under Medicaid nursing facility cost finding principles; (C) Assist the department in ascertaining and monitoring the financial stability and solvency of assisted living facilities; (D) Verify facility compliance with generally accepted accounting principles and cost-reporting instructions of the department; and (E) Facilitate independent audits consistent with generally accepted auditing standards and federal and state cost finding standards.

(1) Include: (A) (i) All information required by the forms, schedules, certifications, and instructions specified by the department and otherwise comply with generally accepted accounting principles and cost-reporting instructions of the department. (ii) Failure of full disclosure as required by generally accepted accounting principles and cost-reporting instructions shall constitute an incomplete and misleading cost report; (B) Identification of individuals and firms responsible for facility management, accounting and financial reporting, cost report preparation, and internal or independent audits; (C) Owner and related party information; (D) Statistical, occupancy, and staffing information; (E) Certification by the authorized facility officer; (F) Compilation report by the preparer of the cost report or any portion thereof; (G) General operating expenses, including housekeeping, laundry, dietary services, food and dietary supplies, maintenance, utilities, software, and computer equipment; (H) Direct care expenses for providing medically necessary assistance with Medicaid covered activities of daily living and instrumental activities of daily living; (I) General administrative expenses, including administration, marketing, and property, general liability, and professional liability insurance; (J) Employee benefits and payroll taxes expenses; (K) Ownership costs, property related expenses, and all other room and board expenses; (L) Home office expenses and other shared or allocated expenses within or among organizations, owners or related parties, multiple facilities, or different healthcare-related operations; (M) Legal-related and compliance-related expenses, including attorney's fees, payment of court judgments, court costs, civil momentary penalties, other fines or penalties incurred, cost of corrective actions, and other expenses to remedy a deficiency; (N) Copy of any management report, audit report, or written opinion issued by a certified public accountant, accounting or audit firm, or internal auditor or compliance officer concerning the facility's accounting or financial reporting practices, internal auditing practices, or the preparation or contents of the current or any prior cost report; (O) Balance sheet for facility operations and for the consolidated company; (P) Additional information and attachments as necessary to explain cost report contents, provide backup documentation, and describe and justify any variations from the department forms, schedules, or instructions; and (Q) Any other information that the department deems necessary to: (i) Support state or facility compliance with federal requirements, including Medicaid waiver terms and conditions; (ii) Meet generally accepted accounting principles; (iii) Facilitate the performance of independent audits consistent with generally accepted auditing standards and federal and state cost finding standards; (iv) Apply federal and state cost finding standards; or (v) Assess the reasonableness, efficiency, and adequacy of Medicaid payments; and

(A) (i) All information required by the forms, schedules, certifications, and instructions specified by the department and otherwise comply with generally accepted accounting principles and cost-reporting instructions of the department. (ii) Failure of full disclosure as required by generally accepted accounting principles and cost-reporting instructions shall constitute an incomplete and misleading cost report;

(i) All information required by the forms, schedules, certifications, and instructions specified by the department and otherwise comply with generally accepted accounting principles and cost-reporting instructions of the department.

(ii) Failure of full disclosure as required by generally accepted accounting principles and cost-reporting instructions shall constitute an incomplete and misleading cost report;

(B) Identification of individuals and firms responsible for facility management, accounting and financial reporting, cost report preparation, and internal or independent audits;

(C) Owner and related party information;

(D) Statistical, occupancy, and staffing information;

(E) Certification by the authorized facility officer;

(F) Compilation report by the preparer of the cost report or any portion thereof;

(G) General operating expenses, including housekeeping, laundry, dietary services, food and dietary supplies, maintenance, utilities, software, and computer equipment;

(H) Direct care expenses for providing medically necessary assistance with Medicaid covered activities of daily living and instrumental activities of daily living;

(I) General administrative expenses, including administration, marketing, and property, general liability, and professional liability insurance;

(J) Employee benefits and payroll taxes expenses;

(K) Ownership costs, property related expenses, and all other room and board expenses;

(L) Home office expenses and other shared or allocated expenses within or among organizations, owners or related parties, multiple facilities, or different healthcare-related operations;

(M) Legal-related and compliance-related expenses, including attorney's fees, payment of court judgments, court costs, civil momentary penalties, other fines or penalties incurred, cost of corrective actions, and other expenses to remedy a deficiency;

(N) Copy of any management report, audit report, or written opinion issued by a certified public accountant, accounting or audit firm, or internal auditor or compliance officer concerning the facility's accounting or financial reporting practices, internal auditing practices, or the preparation or contents of the current or any prior cost report;

(O) Balance sheet for facility operations and for the consolidated company;

(P) Additional information and attachments as necessary to explain cost report contents, provide backup documentation, and describe and justify any variations from the department forms, schedules, or instructions; and

(Q) Any other information that the department deems necessary to: (i) Support state or facility compliance with federal requirements, including Medicaid waiver terms and conditions; (ii) Meet generally accepted accounting principles; (iii) Facilitate the performance of independent audits consistent with generally accepted auditing standards and federal and state cost finding standards; (iv) Apply federal and state cost finding standards; or (v) Assess the reasonableness, efficiency, and adequacy of Medicaid payments; and

(i) Support state or facility compliance with federal requirements, including Medicaid waiver terms and conditions;

(ii) Meet generally accepted accounting principles;

(iii) Facilitate the performance of independent audits consistent with generally accepted auditing standards and federal and state cost finding standards;

(iv) Apply federal and state cost finding standards; or

(v) Assess the reasonableness, efficiency, and adequacy of Medicaid payments; and

(2) Provide complete, correct, and timely information that the department determines reasonably necessary to: (A) Identify, document, verify, analyze, and audit all facility costs, expenses by type, cost-finding and allocation methods, and cost-related statistics; (B) Identify, document, verify, analyze, and isolate: (i) Reasonable and necessary allowable costs of Medicaid covered direct care services and other reasonable and necessary federally allowable costs; and (ii) Unallowed costs, including all room and board expenses, costs attributable to non-Medicaid residents or non-covered services, and costs that would otherwise be disallowed or considered unreasonable under Medicaid nursing facility cost finding principles; (C) Assist the department in ascertaining and monitoring the financial stability and solvency of assisted living facilities; (D) Verify facility compliance with generally accepted accounting principles and cost-reporting instructions of the department; and (E) Facilitate independent audits consistent with generally accepted auditing standards and federal and state cost finding standards.

(A) Identify, document, verify, analyze, and audit all facility costs, expenses by type, cost-finding and allocation methods, and cost-related statistics;

(B) Identify, document, verify, analyze, and isolate: (i) Reasonable and necessary allowable costs of Medicaid covered direct care services and other reasonable and necessary federally allowable costs; and (ii) Unallowed costs, including all room and board expenses, costs attributable to non-Medicaid residents or non-covered services, and costs that would otherwise be disallowed or considered unreasonable under Medicaid nursing facility cost finding principles;

(i) Reasonable and necessary allowable costs of Medicaid covered direct care services and other reasonable and necessary federally allowable costs; and

(ii) Unallowed costs, including all room and board expenses, costs attributable to non-Medicaid residents or non-covered services, and costs that would otherwise be disallowed or considered unreasonable under Medicaid nursing facility cost finding principles;

(C) Assist the department in ascertaining and monitoring the financial stability and solvency of assisted living facilities;

(D) Verify facility compliance with generally accepted accounting principles and cost-reporting instructions of the department; and

(E) Facilitate independent audits consistent with generally accepted auditing standards and federal and state cost finding standards.

(e) (1) The department and a designated contractor of the department may request corrections or additional information, including supporting documentation. (2) Facility responses shall be complete, correct, filed timely, certified as true by the facility's authorized executive, and include a preparer's statement if the information was prepared or reviewed by an accountant or auditor. (3) Responses to the department are due within ten (10) days of the request, unless the department authorized additional time in writing.

(1) The department and a designated contractor of the department may request corrections or additional information, including supporting documentation.

(2) Facility responses shall be complete, correct, filed timely, certified as true by the facility's authorized executive, and include a preparer's statement if the information was prepared or reviewed by an accountant or auditor.

(3) Responses to the department are due within ten (10) days of the request, unless the department authorized additional time in writing.

(f) (1) Neither this subchapter nor the content of the cost reports, individually or collectively, requires or implies that the Arkansas Medicaid Program to reimburse for expenses or of cost-based or other payment methodology. (2) This subchapter does not limit the authority of the department regarding assisted living facility licensing or Medicaid provider certification, reimbursement, program integrity, or waiver program policy and operations.

(1) Neither this subchapter nor the content of the cost reports, individually or collectively, requires or implies that the Arkansas Medicaid Program to reimburse for expenses or of cost-based or other payment methodology.

(2) This subchapter does not limit the authority of the department regarding assisted living facility licensing or Medicaid provider certification, reimbursement, program integrity, or waiver program policy and operations.

Added by Act 2023, No. 198,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 20-86-111 — AR Code / Title 20 / Chapter 86 / Section 20-86-111
Reporting requirements
Status: in_force

Each fiduciary organization shall provide quarterly to the Division of Workforce Services the following information: (1) The number of individuals making deposits into an individual development account; (2) The amounts deposited into the individual development account; (3) The amounts not yet allocated to individual development accounts; (4) The amounts withdrawn from the individual development accounts and the purposes for which the amounts were withdrawn; (5) The balances remaining in the individual development accounts; (6) The service configurations such as peer support, structured planning exercises, mentoring, and case management that increased the rate and consistency of participation in the demonstration project and how such configurations varied among different populations or communities; and (7) The number of grievances filed, the resolution of the grievances, and any penalties imposed. Amended by Act 2019, No. 910,§ 566, eff. 7/1/2019. Acts 1999, No. 1217, § 11; 2007, No. 252, § 5.

Each fiduciary organization shall provide quarterly to the Division of Workforce Services the following information:

(1) The number of individuals making deposits into an individual development account;

(2) The amounts deposited into the individual development account;

(3) The amounts not yet allocated to individual development accounts;

(4) The amounts withdrawn from the individual development accounts and the purposes for which the amounts were withdrawn;

(5) The balances remaining in the individual development accounts;

(6) The service configurations such as peer support, structured planning exercises, mentoring, and case management that increased the rate and consistency of participation in the demonstration project and how such configurations varied among different populations or communities; and

(7) The number of grievances filed, the resolution of the grievances, and any penalties imposed.

Amended by Act 2019, No. 910,§ 566, eff. 7/1/2019.

Acts 1999, No. 1217, § 11; 2007, No. 252, § 5.
Ark. Code Ann. § 20-77-120 — AR Code / Title 20 / Chapter 77 / Subchapter 1 / Section 20-77-120
[Repealed]
Status: repealed

Repealed by Act 2017, No. 591,§ 6, eff. 8/1/2017. Amended by Act 2013, No. 1132,§ 48, eff. 8/16/2013. Acts 2003, No. 1402, § 1.

Repealed by Act 2017, No. 591,§ 6, eff. 8/1/2017.

Amended by Act 2013, No. 1132,§ 48, eff. 8/16/2013.

Acts 2003, No. 1402, § 1.
Ark. Code Ann. § 20-78-105 — AR Code / Title 20 / Chapter 78 / Subchapter 1 / Section 20-78-105
Children's advocacy centers - Legislative intent
Status: in_force

(a) Currently, sexually abused children often have to describe their sexual abuse several times to different professionals at different locations. Many investigations are conducted with little collaboration between the agencies involved in the cases. Each agency's child abuse professionals are officed in a different facility, and interface during the investigation and management of cases is limited. Sexual abuse medical examinations are commonly performed in hospital emergency rooms and other sites that are frightening to children, lack the proper equipment, and often are staffed by physicians uncomfortable with these exams. It is the intent of the General Assembly to institute pilot programs to provide the services just described under one (1) roof and to provide a more child-friendly atmosphere, less trauma to the children and families, improved investigations and management, more effective utilization of multiagency information, greater protection of children, increased prosecution of perpetrators, and less unnecessary family intervention. (b) In order to accomplish these goals, the Department of Arkansas State Police is hereby authorized to utilize moneys appropriated for its maintenance and general operation to make grants to and to contract with children's advocacy centers for facilities and services. (c) (1) The Arkansas Child Abuse/Rape/Domestic Violence Commission shall advise the Department of Arkansas State Police as to children's advocacy centers which qualify for grants or contracts from the Department of Arkansas State Police. (2) Qualified children's advocacy centers should: (A) Provide a child-friendly, comfortable place for interviewing children and families, examining the children, and initiating services; (B) Provide crisis intervention for the child and family as well as appropriate referrals for psychological treatment if not available on site; and (C) Provide offices for law enforcement, employees of the Department of Human Services, and healthcare professionals in order to deliver collaborative evaluations and services. Acts 1999, No. 1575, § 1.

(a) Currently, sexually abused children often have to describe their sexual abuse several times to different professionals at different locations. Many investigations are conducted with little collaboration between the agencies involved in the cases. Each agency's child abuse professionals are officed in a different facility, and interface during the investigation and management of cases is limited. Sexual abuse medical examinations are commonly performed in hospital emergency rooms and other sites that are frightening to children, lack the proper equipment, and often are staffed by physicians uncomfortable with these exams. It is the intent of the General Assembly to institute pilot programs to provide the services just described under one (1) roof and to provide a more child-friendly atmosphere, less trauma to the children and families, improved investigations and management, more effective utilization of multiagency information, greater protection of children, increased prosecution of perpetrators, and less unnecessary family intervention.

(b) In order to accomplish these goals, the Department of Arkansas State Police is hereby authorized to utilize moneys appropriated for its maintenance and general operation to make grants to and to contract with children's advocacy centers for facilities and services.

(c) (1) The Arkansas Child Abuse/Rape/Domestic Violence Commission shall advise the Department of Arkansas State Police as to children's advocacy centers which qualify for grants or contracts from the Department of Arkansas State Police. (2) Qualified children's advocacy centers should: (A) Provide a child-friendly, comfortable place for interviewing children and families, examining the children, and initiating services; (B) Provide crisis intervention for the child and family as well as appropriate referrals for psychological treatment if not available on site; and (C) Provide offices for law enforcement, employees of the Department of Human Services, and healthcare professionals in order to deliver collaborative evaluations and services.

(1) The Arkansas Child Abuse/Rape/Domestic Violence Commission shall advise the Department of Arkansas State Police as to children's advocacy centers which qualify for grants or contracts from the Department of Arkansas State Police.

(2) Qualified children's advocacy centers should: (A) Provide a child-friendly, comfortable place for interviewing children and families, examining the children, and initiating services; (B) Provide crisis intervention for the child and family as well as appropriate referrals for psychological treatment if not available on site; and (C) Provide offices for law enforcement, employees of the Department of Human Services, and healthcare professionals in order to deliver collaborative evaluations and services.

(A) Provide a child-friendly, comfortable place for interviewing children and families, examining the children, and initiating services;

(B) Provide crisis intervention for the child and family as well as appropriate referrals for psychological treatment if not available on site; and

(C) Provide offices for law enforcement, employees of the Department of Human Services, and healthcare professionals in order to deliver collaborative evaluations and services.

Acts 1999, No. 1575, § 1.
Ark. Code Ann. § 20-21-312 — AR Code / Title 20 / Chapter 21 / Subchapter 3 / Section 20-21-312
Administrative proceedings
Status: in_force

(a) In any of the proceedings under this subchapter, the State Electronic Product Control Agency shall afford an opportunity for a hearing on the record upon the request of any person whose interest may be affected by the proceeding and shall admit the person as a party to the proceeding: (1) For the issuance or modification of rules relating to radiation from electronic products; (2) For granting, suspending, revoking, or amending any license; or (3) For determining compliance with or granting exceptions from rules of the agency. (b) (1) Whenever the agency finds that an emergency exists requiring immediate action to protect the public health and safety, the agency, without notice or hearing, may issue a rule or order reciting the existence of an emergency and requiring that such action be taken as is necessary to meet the emergency. (2) Notwithstanding any provision of this subchapter, the rule or order shall be effective immediately. (3) Any person to whom the rule or order is directed shall comply with the rule or order immediately but, on application to the agency within ten (10) days, shall be afforded a hearing within thirty (30) days. (4) On the basis of the hearing, the emergency rule or order shall be continued, modified, or revoked within thirty (30) days after the hearing. (c) Any final order entered in any proceeding under this section may be appealed to the Pulaski County Circuit Court within twenty (20) days from the date of receipt of the order. Amended by Act 2019, No. 315,§ 2037, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2036, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2035, eff. 7/24/2019. Acts 1969, No. 460, § 9; A.S.A. 1947, § 82-1536.

(a) In any of the proceedings under this subchapter, the State Electronic Product Control Agency shall afford an opportunity for a hearing on the record upon the request of any person whose interest may be affected by the proceeding and shall admit the person as a party to the proceeding: (1) For the issuance or modification of rules relating to radiation from electronic products; (2) For granting, suspending, revoking, or amending any license; or (3) For determining compliance with or granting exceptions from rules of the agency.

(1) For the issuance or modification of rules relating to radiation from electronic products;

(2) For granting, suspending, revoking, or amending any license; or

(3) For determining compliance with or granting exceptions from rules of the agency.

(b) (1) Whenever the agency finds that an emergency exists requiring immediate action to protect the public health and safety, the agency, without notice or hearing, may issue a rule or order reciting the existence of an emergency and requiring that such action be taken as is necessary to meet the emergency. (2) Notwithstanding any provision of this subchapter, the rule or order shall be effective immediately. (3) Any person to whom the rule or order is directed shall comply with the rule or order immediately but, on application to the agency within ten (10) days, shall be afforded a hearing within thirty (30) days. (4) On the basis of the hearing, the emergency rule or order shall be continued, modified, or revoked within thirty (30) days after the hearing.

(1) Whenever the agency finds that an emergency exists requiring immediate action to protect the public health and safety, the agency, without notice or hearing, may issue a rule or order reciting the existence of an emergency and requiring that such action be taken as is necessary to meet the emergency.

(2) Notwithstanding any provision of this subchapter, the rule or order shall be effective immediately.

(3) Any person to whom the rule or order is directed shall comply with the rule or order immediately but, on application to the agency within ten (10) days, shall be afforded a hearing within thirty (30) days.

(4) On the basis of the hearing, the emergency rule or order shall be continued, modified, or revoked within thirty (30) days after the hearing.

(c) Any final order entered in any proceeding under this section may be appealed to the Pulaski County Circuit Court within twenty (20) days from the date of receipt of the order.

Amended by Act 2019, No. 315,§ 2037, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2036, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2035, eff. 7/24/2019.

Acts 1969, No. 460, § 9; A.S.A. 1947, § 82-1536.