reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 9 - HEALTH FACILITIES AND SERVICES GENERALLY (§§ 20-9-101 — 20-9-1504) › Subchapter 2 - HEALTH FACILITIES SERVICES (§§ 20-9-201 — 20-9-224) › Section 20-9-206 - Construction program - Survey and planning activities

(a)
The State Board of Health is empowered and directed to make an inventory of existing hospitals and medical facilities including public, nonprofit, and proprietary hospitals and medical facilities, to survey the need for construction of hospitals and medical facilities and, on the basis of the inventory and survey, to develop a program for the construction of such public and other nonprofit hospitals and medical facilities as will, in conjunction with existing facilities, afford the necessary physical facilities for furnishing adequate hospital and medical facility services to the people of the state in accordance with the regulations prescribed by the federal act.
(b)
The construction program shall provide, in accordance with regulations prescribed by the federal act, for adequate hospital and medical facilities for the people of the state, and insofar as possible shall provide for their distribution throughout the state in such manner as to make all types of hospital and medical facility services reasonably accessible to all persons in the state.
Acts 1961, No. 414, §§ 9, 10; A.S.A. 1947, §§ 82-335, 82-336.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 9 - HEALTH FACILITIES AND SERVICES GENERALLY (§§ 20-9-101 — 20-9-1504) › Subchapter 2 - HEALTH FACILITIES SERVICES (§§ 20-9-201 — 20-9-224) › Section 20-9-207 - Construction program - Federal funds for surveying and planning

(a)
The State Board of Health may make application to the United States Surgeon General for and receive federal funds to assist in carrying out the survey and planning activities provided in §
20-9-206(a)
and §
20-10-217(a)
.
(b)
The funds shall be deposited with the Treasurer of State as a trust fund designated the "Hospital and Medical Facility Survey and Planning Fund", which shall be kept separate and apart from all public funds of the state and shall be available to the Department of Health for expenditure in carrying out the survey and planning activities provided.
(c)
Any funds received and not expended for such purposes shall be repaid to the United States Treasury.
(d)
Warrants for all payments from the fund shall bear the signature of the Secretary of the Department of Health or his or her agent.
Amended by Act 2019, No. 910,§ 4970, eff. 7/1/2019.
Acts 1961, No. 414, § 11; A.S.A. 1947, § 82-337.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 9 - HEALTH FACILITIES AND SERVICES GENERALLY (§§ 20-9-101 — 20-9-1504) › Subchapter 2 - HEALTH FACILITIES SERVICES (§§ 20-9-201 — 20-9-224) › Section 20-9-208 - Construction program - State plan

(a)
(1)
The State Board of Health shall prepare and submit to the United States Surgeon General a state plan which shall include the hospital and medical facilities construction program developed as provided in this subchapter. The plan shall provide for the establishment, administration, and operation of hospital and medical facilities construction activities in accordance with the requirements of the federal act and regulations thereunder.
(2)
The state plan shall also set forth the relative need for the several projects included in the construction program determined in accordance with regulations prescribed by the federal act and provide for the construction, insofar as financial resources available for construction and for maintenance and operation permit, in the order of relative need.
(b)
Before the submission of the plan to the United States Surgeon General, the Department of Health shall give adequate publicity to a general description of all the provisions proposed to be included therein and hold a public hearing at which all persons or organizations with a legitimate interest in the plan may be given an opportunity to express their views.
(c)
After approval of the plan by the United States Surgeon General, the department shall cause to be published a general description of the provisions thereof in at least one (1) newspaper having general circulation in each county in the state and shall make the plan, or a copy thereof, available upon request to all interested persons or organizations.
(d)
The department shall from time to time review the construction program, submit to the United States Surgeon General any modifications of the program which it may find necessary, and may submit to the United States Surgeon General modifications of the state plan not inconsistent with the requirements of the federal act.
Acts 1961, No. 414, §§ 12, 14; A.S.A. 1947, §§ 82-338, 82-340.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 9 - HEALTH FACILITIES AND SERVICES GENERALLY (§§ 20-9-101 — 20-9-1504) › Subchapter 2 - HEALTH FACILITIES SERVICES (§§ 20-9-201 — 20-9-224) › Section 20-9-209 - Construction program - Application for funds

(a)
Applications for hospital and medical facilities construction projects for which federal funds are requested shall be submitted to the State Board of Health and may be submitted by the state or any political subdivision thereof or by any public or other nonprofit agency authorized to construct and operate a hospital or a medical facility.
(b)
However, no application for a diagnostic or treatment center shall be approved unless the applicant is:
(1)
The state, a political subdivision, or a public agency; or
(2)
A person, corporation, or association which owns and operates a nonprofit hospital.
(c)
Each application for a construction project shall conform to federal and state requirements.
(d)
If, after affording reasonable opportunity for development and presentation of applications in the order of relative need, the Department of Health finds that a project application complies with subsection (a) of this section and is otherwise in conformity with the state plan, then it shall approve the application and shall recommend and forward it to the United States Surgeon General.
(e)
The department by rule shall provide an opportunity for fair hearing and appeal to every applicant who is dissatisfied with any action regarding an application.
Amended by Act 2019, No. 315,§ 1831, eff. 7/24/2019.
Acts 1961, No. 414, §§ 15, 16; A.S.A. 1947, §§ 82-341, 82-342.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 9 - HEALTH FACILITIES AND SERVICES GENERALLY (§§ 20-9-101 — 20-9-1504) › Subchapter 2 - HEALTH FACILITIES SERVICES (§§ 20-9-201 — 20-9-224) › Section 20-9-210 - Construction program - Payment of installments

The State Board of Health shall from time to time cause to be inspected each construction project approved by the United States Surgeon General. If the inspection warrants, the Department of Health shall certify to the United States Surgeon General that work has been performed upon the project or purchases have been made in accordance with the approved plans and specifications and that payment of an installment of federal funds is due the applicant.
Acts 1961, No. 414, § 17; A.S.A. 1947, § 82-343.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 9 - HEALTH FACILITIES AND SERVICES GENERALLY (§§ 20-9-101 — 20-9-1504) › Subchapter 2 - HEALTH FACILITIES SERVICES (§§ 20-9-201 — 20-9-224) › Section 20-9-211 - Construction program - Federal funds

(a)
The State Board of Health is empowered to receive federal funds in behalf of, and transmit them to, such applicants.
(b)
Money received from the United States Government for a construction project shall be deposited with the Treasurer of State as a trust fund. The fund shall be separate from all public funds of the state and shall be used solely for payments due applicants for work performed or purchases made in carrying out approved projects.
(c)
Warrants for all payments from the fund shall bear the signature of the Secretary of the Department of Health or his or her agent.
(d)
The procedure provided in this section for the receipt and disbursement of such funds is not intended to deprive any applicant from receiving federal payments directly if, for any reason, the Department of Health or the Treasurer of State is not authorized to receive and transmit federal payments for certain construction projects to certain applicants.
Amended by Act 2019, No. 389,§ 12, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 4971, eff. 7/1/2019.
Acts 1961, No. 414, § 18; A.S.A. 1947, § 82-344.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 9 - HEALTH FACILITIES AND SERVICES GENERALLY (§§ 20-9-101 — 20-9-1504) › Subchapter 2 - HEALTH FACILITIES SERVICES (§§ 20-9-201 — 20-9-224) › Section 20-9-212 - Minimum standards for hospitals and other institutions

(a)
The State Board of Health shall require hospitals and other institutions which receive federal aid for construction under the state plan to comply with such minimum standards prescribed by the Department of Health as may be promulgated in accordance with the federal act and federal rules and regulations.
(b)
A hospital or institution, or the governing body thereof, shall comply with such minimum standards as may be prescribed by the department under the authority of this section even though federal aid may not be sought or received under this subchapter.
Acts 1961, No. 414, § 13; A.S.A. 1947, § 82-339.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 9 - HEALTH FACILITIES AND SERVICES GENERALLY (§§ 20-9-101 — 20-9-1504) › Subchapter 2 - HEALTH FACILITIES SERVICES (§§ 20-9-201 — 20-9-224) › Section 20-9-213 - License required - Administration by State Board of Health

(a)
No hospital, recuperation center, or related institution shall be established, conducted, or maintained in this state without obtaining a license.
(b)
The State Board of Health may provide, by properly promulgating rules, for the issuance of a recuperation center license.
(c)
The Department of Health may provide, by properly promulgating rules, for the issuance of permanent type licenses, subject to revocation.
Amended by Act 2019, No. 315,§ 1832, eff. 7/24/2019.
Acts 1961, No. 414, § 19; 1965, No. 434, § 1; 1971, No. 258, § 2; A.S.A. 1947, § 82-345.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 9 - HEALTH FACILITIES AND SERVICES GENERALLY (§§ 20-9-101 — 20-9-1504) › Subchapter 2 - HEALTH FACILITIES SERVICES (§§ 20-9-201 — 20-9-224) › Section 20-9-215 - License - Denial, suspension, and revocation

(a)
The State Board of Health is empowered to deny, suspend, or revoke licenses on any of the following grounds:
(1)
Violation of any of the provisions of this subchapter or the rules lawfully promulgated under this subchapter; or
(2)
Permitting, aiding, or abetting the commission of any unlawful act in connection with the operation of the institutions.
(b)
(1)
If the Department of Health determines to deny, suspend, or revoke a license, it shall send to the applicant or licensee, by certified mail, a notice setting forth the particular reasons for the determination.
(2)
The denial, suspension, or revocation shall become final thirty (30) days after the mailing of the notice unless the applicant or licensee gives written notice within the thirty-day period of a desire for hearing.
(c)
Thereupon, the applicant or licensee shall be given a fair hearing and shall have the right to present such evidence as may be proper.
(d)
(1)
On the basis of the evidence at the hearing, the determination involved shall be affirmed or set aside.
(2)
A copy of the decision, setting forth the finding of facts and the particular grounds upon which it is based, shall be sent by certified mail to the applicant or licensee.
(3)
The decision shall become final fifteen (15) days after it is mailed unless the applicant or licensee, within the fifteen-day period, appeals the decision to the court under §
20-9-216
.
(e)
A full and complete record of all proceedings shall be kept and all testimony shall be reported, but it need not be transcribed unless the decision is appealed pursuant to §
20-9-216
or a transcript is requested by an interested party who shall pay the cost of preparing the transcript.
(f)
Witnesses may be subpoenaed by either party and shall be allowed fees at a rate prescribed by rules.
(g)
The procedure governing hearings authorized by this section shall be in accordance with rules promulgated by the department.
Amended by Act 2019, No. 315,§ 1838, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 1837, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 1836, eff. 7/24/2019.
Acts 1961, No. 414, § 22; 1965, No. 454, § 2; A.S.A. 1947, § 82-348.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 9 - HEALTH FACILITIES AND SERVICES GENERALLY (§§ 20-9-101 — 20-9-1504) › Subchapter 2 - HEALTH FACILITIES SERVICES (§§ 20-9-201 — 20-9-224) › Section 20-9-216 - License - Judicial review

(a)
Any applicant or licensee who is dissatisfied with the decision of the State Board of Health or other body designated by the Department of Health or this subchapter as a result of the hearing provided in §
20-9-215
may appeal to the Pulaski County Circuit Court for judicial review of the decision within fifteen (15) days after receiving notice of the decision.
(b)
Thereupon, the department shall promptly certify and file in court the transcript of the hearing on which the decision is based.
(c)
Findings of fact by the department shall be conclusive unless contrary to law on the evidence.
(d)
If necessary, the court may remand the case to the department to take further evidence, and the department may thereupon make new or modified findings of fact which shall have like weight on review.
(e)
The court may affirm, modify, or reverse the decision of the department, and either the applicant or licensee or the department may appeal from the court's decision in the manner provided by law with regard to appeals from the court.
(f)
Pending final disposition of the matter, the status quo of the applicant or licensee shall be preserved.
Acts 1961, No. 414, § 25; A.S.A. 1947, § 82-351.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 9 - HEALTH FACILITIES AND SERVICES GENERALLY (§§ 20-9-101 — 20-9-1504) › Subchapter 2 - HEALTH FACILITIES SERVICES (§§ 20-9-201 — 20-9-224) › Section 20-9-217 - Alterations, additions, and new construction of facilities

(a)
Before commencing alterations, additions, or new construction under this subchapter, a facility shall submit plans, including a plumbing plan that includes the plumbing as defined in §
17-38-101
and the water supply line and sewage line designs, and specifications that have been prepared by a licensed architect or professional engineer to the Department of Health with respect to compliance with the applicable codes, rules, and standards.
(b)
Plans and specifications as described in subsection (a) of this section shall be submitted according to procedures of the department.
(c)
(1)
The Secretary of the Department of Health or his or her agent shall inspect each construction project approved by the United States Surgeon General.
(2)
If the inspection so warrants, the secretary or his or her agent shall certify to the United States Surgeon General that work has been performed upon the project, or purchases have been made, in accordance with the approved plans and specifications, and that payment of an installment of federal funds is due the applicant.
Amended by Act 2019, No. 315,§ 1839, eff. 7/24/2019.
Amended by Act 2019, No. 889,§ 3, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 4972, eff. 7/1/2019.
Acts 1961, No. 414, § 21; A.S.A. 1947, § 82-347; Acts 1987, No. 143, § 3.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 9 - HEALTH FACILITIES AND SERVICES GENERALLY (§§ 20-9-101 — 20-9-1504) › Subchapter 2 - HEALTH FACILITIES SERVICES (§§ 20-9-201 — 20-9-224) › Section 20-9-218 - Emergency services facilities

(a)
The Department of Health is empowered to license under this subchapter and §§
20-10-213
-
20-10-231
those hospitals which have discontinued inpatient services to continue to provide emergency services.
(b)
The emergency services facilities shall be subject to inspection and to all other provisions of this subchapter and §§
20-10-213
-
20-10-231
and all rules promulgated under this subchapter and §§
20-10-213
-
20-10-231
.
(c)
Hospital emergency services facilities licensed under this section shall not be required to obtain a certificate of need or any other permit other than that prescribed by this section.
Amended by Act 2019, No. 315,§ 1840, eff. 7/24/2019.
Acts 1987, No. 516, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 9 - HEALTH FACILITIES AND SERVICES GENERALLY (§§ 20-9-101 — 20-9-1504) › Subchapter 2 - HEALTH FACILITIES SERVICES (§§ 20-9-201 — 20-9-224) › Section 20-9-220 - Annual report

The Department of Health shall make an annual report of its activities and operations under this subchapter to the Governor and shall make such information available to the General Assembly as may be requested.
Acts 1961, No. 414, § 24; A.S.A. 1947, § 82-350.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 9 - HEALTH FACILITIES AND SERVICES GENERALLY (§§ 20-9-101 — 20-9-1504) › Subchapter 2 - HEALTH FACILITIES SERVICES (§§ 20-9-201 — 20-9-224) › Section 20-9-221 - Information confidential

(a)
Information received by the Department of Health through inspection, or otherwise, authorized under this subchapter, shall not be disclosed publicly in such manner as to identify individuals or institutions except in a proceeding involving the question of licensing or revocation of a license.
(b)
(1)
However, in the case of a specific written request by the deputy director of the appropriate division as determined by the Secretary of the Department of Human Services for information concerning a certain nursing home, information obtained during recent inspections of the home may be supplied in writing to the deputy director.
(2)
This exception applies only to homes providing care for recipients of public welfare and is not to be construed as permitting the exchange of such information on all homes in the state but is specifically limited to those for which the deputy director of the appropriate division as determined by the secretary has specific complaints.
(3)
These complaints shall be forwarded to the department along with the request for information from the deputy director.
(4)
Information received by the deputy director in the manner prescribed by this section shall not be disclosed.
Amended by Act 2019, No. 910,§ 5174, eff. 7/1/2019.
Acts 1961, No. 414, § 23; 1965, No. 434, § 2; A.S.A. 1947, § 82-349.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 9 - HEALTH FACILITIES AND SERVICES GENERALLY (§§ 20-9-101 — 20-9-1504) › Subchapter 2 - HEALTH FACILITIES SERVICES (§§ 20-9-201 — 20-9-224) › Section 20-9-222 - Certification fee

The Department of Health may levy and collect a fee for the issuance of an annual certification to child health management services clinics. The certification fee for a child health management services clinic shall be an annual fee of one thousand dollars ($1,000).
Acts 1997, No. 574, § 4.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 9 - HEALTH FACILITIES AND SERVICES GENERALLY (§§ 20-9-101 — 20-9-1504) › Subchapter 2 - HEALTH FACILITIES SERVICES (§§ 20-9-201 — 20-9-224) › Section 20-9-223 - Medical office licensure

A medical office owned and operated by a physician or more than one (1) physician may apply for licensure by the State Board of Health as an outpatient surgery center.
Added by Act 2013, No. 587,§ 4, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 9 - HEALTH FACILITIES AND SERVICES GENERALLY (§§ 20-9-101 — 20-9-1504) › Subchapter 3 - HOSPITALS, CLINICS, ETC. - MISCELLANEOUS PROVISIONS (§§ 20-9-301 — 20-9-314) › Section 20-9-301 - Posting of room rates

(a)
All public and private hospitals located and operated in this state shall post in some conspicuous place in each patient's room the daily room rates for both a private and a semiprivate room.
(b)
Any hospital or person violating subsection (a) of this section shall be guilty of a violation and upon conviction shall be subject to a fine of not less than ten dollars ($10.00) nor more than fifty dollars ($50.00) for each violation.
Acts 1967, No. 91, §§ 1, 2; A.S.A. 1947, §§ 82-355, 82-356; Acts 2005, No. 1994, § 105.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 9 - HEALTH FACILITIES AND SERVICES GENERALLY (§§ 20-9-101 — 20-9-1504) › Subchapter 3 - HOSPITALS, CLINICS, ETC. - MISCELLANEOUS PROVISIONS (§§ 20-9-301 — 20-9-314) › Section 20-9-305 - Annual reports - Nonprofit hospitals

(a)
(1)
Any nonprofit hospital association or corporation organized under the laws of this state that operates and maintains a hospital facility in this state primarily for providing hospital services for the employees of any corporation or company engaged in interstate commerce shall file annually with the Secretary of the Department of Finance and Administration a detailed report of income, fees, charges, and contributions from all sources received by it during the year, together with the expenses and disbursements of the corporation or association during the year.
(2)
The report shall be filed on or before April 1 in each year.
(3)
A copy of the report shall be furnished to each member of the hospital association or corporation upon the request of any member.
(b)
Any nonprofit hospital association or corporation failing or refusing to file the report as required in subsection (a) of this section or which fails or refuses to furnish any member a copy of the report or statement upon request shall be guilty of a violation and shall be subject to a fine of ten dollars ($10.00) for each day that the violation continues.
(c)
(1)
The provisions of this section shall not apply to any nonprofit hospital association or corporation that operates and maintains a hospital facility in any county of this state having a population of not less than twenty-five thousand six hundred (25,600) nor more than twenty-five thousand seven hundred (25,700), according to the 1970 Federal Decennial Census.
(2)
The provisions of this section shall not be applicable with respect to any nonprofit hospital associations or corporations that operate and maintain a hospital facility in any county of this state having a population of not less than forty-seven thousand (47,000) nor more than fifty thousand (50,000), according to the 1970 Federal Decennial Census.
Amended by Act 2019, No. 910,§ 3481, eff. 7/1/2019.
Acts 1971, No. 452, §§ 1-3; A.S.A. 1947, §§ 82-360 -- 82-362; Acts 2005, No. 1994, § 106.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 9 - HEALTH FACILITIES AND SERVICES GENERALLY (§§ 20-9-101 — 20-9-1504) › Subchapter 3 - HOSPITALS, CLINICS, ETC. - MISCELLANEOUS PROVISIONS (§§ 20-9-301 — 20-9-314) › Section 20-9-306 - Annual reports - Public-supported hospitals

(a)
All public-supported hospitals in the State of Arkansas shall publish an annual report including financial statements showing profits, expenditures, and operating costs.
(b)
Every such hospital shall publish its annual report in a newspaper of general circulation within the county where it is located.
Acts 1975 (Extended Sess., 1976), No. 1231, §§ 1, 2; A.S.A. 1947, §§ 82-365, 82-366; reen. Acts 1987, No. 1016, §§ 1, 2.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 9 - HEALTH FACILITIES AND SERVICES GENERALLY (§§ 20-9-101 — 20-9-1504) › Subchapter 3 - HOSPITALS, CLINICS, ETC. - MISCELLANEOUS PROVISIONS (§§ 20-9-301 — 20-9-314) › Section 20-9-307 - Itemized statement for services, drugs, and supplies

(a)
(1)
Upon the patient's request at the time of discharge of each patient or at the time of billing the patient or the insurance company for the patient or at the time of billing the patient or the insurance company for the hospital services, drugs, and supplies, each hospital in the state, except those operated by the State of Arkansas, shall furnish to the patient and to the insurance company an itemized listing of all services, drugs, and supplies to be billed to that person while a patient in the hospital.
(2)
The itemized statement shall be furnished to the patient and the insurance company no later than thirty (30) days after discharge of the patient.
(3)
In addition, at the time of discharge each patient discharged from a hospital in this state shall be advised in writing of his or her right to receive the itemized statement for services, drugs, and supplies required by this section.
(4)
The State Board of Health shall adopt rules specifying the items to be included and the manner in which they shall be presented on itemized statements as required in this section.
(b)
The administrator or the agent of any hospital who fails or refuses to provide the itemized statement upon request as required in this section or fails or refuses at the time of discharge of any patient to advise the patient of his or her right to receive the itemized statement provided in this section shall be guilty of a violation and upon conviction shall be subject to a fine of not less than fifty dollars ($50.00) nor more than one hundred fifty dollars ($150) for each violation.
Acts 1987, No. 348, §§ 1-3; Acts 2005, No. 1994, § 107.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 9 - HEALTH FACILITIES AND SERVICES GENERALLY (§§ 20-9-101 — 20-9-1504) › Subchapter 3 - HOSPITALS, CLINICS, ETC. - MISCELLANEOUS PROVISIONS (§§ 20-9-301 — 20-9-314) › Section 20-9-308 - Advice by hospital employees to reviewing committees

When requested, any physician, surgeon, hospital administrator, nurse, technologist, and any other person engaged in work in or about a licensed hospital and having any information or knowledge relating to the medical and hospital care provided in the hospital or to the efficient use of the hospital facilities shall be obligated to advise committees reviewing such matters with respect to all the facts or information possessed by the individual with reference to such care or use.
Acts 1977, No. 445, § 2; A.S.A. 1947, § 19-4724.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 9 - HEALTH FACILITIES AND SERVICES GENERALLY (§§ 20-9-101 — 20-9-1504) › Subchapter 3 - HOSPITALS, CLINICS, ETC. - MISCELLANEOUS PROVISIONS (§§ 20-9-301 — 20-9-314) › Section 20-9-309 - Emergency Medical Care Act - Definitions

(a)
This section may be cited as the "Emergency Medical Care Act".
(b)
Because of the need for rapid assessment and care, in order to protect the life and health of the people of Arkansas during a medical emergency, it is found and declared necessary:
(1)
To establish a definition for emergency medical care;
(2)
To ensure that emergency medical care is provided in a timely manner by licensed and qualified personnel at a hospital's emergency department; and
(3)
To ensure that emergency medical care is not delayed or denied based on:
(A)
A person's ability to pay for expenses incurred during a medical emergency; or
(B)
Prospective authorization of treatment by an insurance company, health maintenance organization, hospital medical service corporation, health benefit plan, or any other insurer.
(c)
As used in this section:
(1)
"Emergency medical care" means healthcare services provided in a hospital emergency facility to evaluate and treat medical conditions of a recent onset and severity, including, but not limited to, severe pain that would lead a prudent lay person, possessing an average knowledge of medicine and health, to believe that his or her condition, sickness, or injury is of such a nature that failure to get immediate medical care could result in:
(A)
Placing the patient's health in serious jeopardy;
(B)
Serious impairment to bodily functions; or
(C)
Serious dysfunction of any bodily organ or part;
(2)
"Emergency medical provider" means a hospital licensed by the Department of Health, hospital-based services or a physician licensed by the Arkansas State Medical Board who provides emergency medical care; and
(3)
"Prospective authorization" means contacting any insurer, health maintenance organization, hospital medical service corporation, or health benefit plan that is not physically present in the hospital's emergency department at the time the patient presents for emergency medical care for approval or authorization to evaluate and treat the patient.
(d)
(1)
Once a person qualifying for emergency medical care presents to an emergency department, that person shall be evaluated by medical personnel. This evaluation may include diagnostic testing to assess the extent of the condition, sickness, or injury and radiographic procedures and interpretations by a radiologist.
(2)
Appropriate intervention may be initiated by medical personnel to stabilize any condition presenting under this section before receiving authorization for the treatment by an insurer, health maintenance organization, hospital medical service corporation, or health benefit plan.
Acts 1995, No. 1358, §§ 1-4.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 9 - HEALTH FACILITIES AND SERVICES GENERALLY (§§ 20-9-101 — 20-9-1504) › Subchapter 3 - HOSPITALS, CLINICS, ETC. - MISCELLANEOUS PROVISIONS (§§ 20-9-301 — 20-9-314) › Section 20-9-310 - No liability for furnishing medical records or accessing information pursuant to subpoena or other legal obligation or authority

Notwithstanding any other law to the contrary, no person or medical facility serving as a custodian of health or medical records shall be subject to any civil or criminal liability for:
(1)
Providing access to or producing copies of the records pursuant to a subpoena issued by any board, agency, commission, prosecuting attorney, or grand jury;
(2)
Providing access to or producing a copy of the health or medical records requested by a clerk of a court, the Division of Correction, the Division of Community Correction, the Arkansas State Hospital, the Department of Health, the Department of Human Services, or a local law enforcement agency under the Sex Offender Registration Act of 1997, §
12-12-901
et seq.; or
(3)
Requesting or accessing information under §
17-80-116
.
Amended by Act 2019, No. 910,§ 995, eff. 7/1/2019.
Acts 1999, No. 1536, § 12; 2006 (1st Ex. Sess.), No. 4, § 10.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 9 - HEALTH FACILITIES AND SERVICES GENERALLY (§§ 20-9-101 — 20-9-1504) › Subchapter 3 - HOSPITALS, CLINICS, ETC. - MISCELLANEOUS PROVISIONS (§§ 20-9-301 — 20-9-314) › Section 20-9-314 - Hospital pricing transparency - Legislative findings

(a)
The General Assembly finds that:
(1)
Under 45 C.F.R. Part 180, each hospital operating in the United States is required to provide clear, accessible pricing information online about the items and services that the hospital provides; and
(2)
Easy-to-understand pricing information is essential to support patients, prevent fraud, and protect consumers from unfair medical bills.
(b)
(1)
A hospital licensed in this state shall comply with 45 C.F.R. Part 180, as existing on January 1, 2023.
(2)
If the Department of Health finds that a hospital licensed in this state has not complied with 45 C.F.R. Part 180, as existing on January 1, 2023, then the department shall fine the hospital two hundred fifty dollars ($250) per day for noncompliance.
Added by Act 2023, No. 482,§ 1, eff. 10/6/2023.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 9 - HEALTH FACILITIES AND SERVICES GENERALLY (§§ 20-9-101 — 20-9-1504) › Subchapter 4 - FREE-STANDING BIRTHING CENTERS (§§ 20-9-401 — 20-9-405) › Section 20-9-401 - Definitions

As used in this subchapter:
(1)
"Freestanding birthing center" means any facility, institution, or place, which is not an ambulatory surgical center or a hospital or in a hospital, organized to provide family-centered maternity care for women and childbearing families in which births are planned to occur in a homelike atmosphere away from the mothers' usual residences following a low-risk pregnancy; and
(2)
"Low-risk pregnancy" means a normal uncomplicated pregnancy as determined by a generally accepted course of prenatal care and expectation of a normal uncomplicated birth as defined by reasonable and generally accepted criteria of maternal and fetal health.
Acts 1997, No. 891, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 9 - HEALTH FACILITIES AND SERVICES GENERALLY (§§ 20-9-101 — 20-9-1504) › Subchapter 4 - FREE-STANDING BIRTHING CENTERS (§§ 20-9-401 — 20-9-405) › Section 20-9-402 - Deliveries - Dismissal of mother and infant

(a)
A freestanding birthing center shall have a qualified medical director, and deliveries shall be performed by a qualified physician or by a certified nurse midwife in accordance with an arrangement with a physician as required by §
17-87-101
et seq.
(b)
A mother and her infant shall be dismissed from a freestanding birthing center within twenty-four (24) hours of the admission.
Acts 1997, No. 891, § 2.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 9 - HEALTH FACILITIES AND SERVICES GENERALLY (§§ 20-9-101 — 20-9-1504) › Subchapter 4 - FREE-STANDING BIRTHING CENTERS (§§ 20-9-401 — 20-9-405) › Section 20-9-403 - Regulation by Department of Health

(a)
The Department of Health shall establish and enforce rules:
(1)
Setting minimum standards for the construction, maintenance, and operation of a freestanding birthing center; and
(2)
Setting qualifications for medical directors of freestanding birthing centers and for physicians who will perform deliveries in freestanding birthing centers.
(b)
A freestanding birthing center shall meet life safety code and construction standards developed by the National Fire Protection Association and shall comply with rules developed by the department.
Amended by Act 2019, No. 315,§ 1848, eff. 7/24/2019.
Acts 1997, No. 891, § 3.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 9 - HEALTH FACILITIES AND SERVICES GENERALLY (§§ 20-9-101 — 20-9-1504) › Subchapter 4 - FREE-STANDING BIRTHING CENTERS (§§ 20-9-401 — 20-9-405) › Section 20-9-404 - License fee

The Department of Health may levy and collect a fee for the issuance of an annual license to a freestanding birthing center. The license fee for a freestanding birthing center shall be an annual fee of one thousand dollars ($1,000).
Acts 1997, No. 891, § 5.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 9 - HEALTH FACILITIES AND SERVICES GENERALLY (§§ 20-9-101 — 20-9-1504) › Subchapter 4 - FREE-STANDING BIRTHING CENTERS (§§ 20-9-401 — 20-9-405) › Section 20-9-405 - Practice of midwifery

Nothing in this subchapter shall be construed to prohibit the lawful practice of lay midwifery in any location under the Licensed Lay Midwife Act, §
17-85-101
et seq.
Acts 1997, No. 891, § 4.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 9 - HEALTH FACILITIES AND SERVICES GENERALLY (§§ 20-9-101 — 20-9-1504) › Subchapter 5 - PEER REVIEW COMMITTEES (§§ 20-9-501 — 20-9-503) › Section 20-9-501 - Definition

As used in this subchapter, "peer review committee" or "committee" means a committee of a hospital medical staff, a committee of a state or local professional association, or a committee organized by and operating pursuant to a written plan or policy under the auspices of a professional corporation or a professional limited liability company whose members are licensed to practice medicine in this state that is formed to:
(1)
Evaluate and improve the quality of health care rendered by providers of health services; or
(2)
Determine that:
(A)
Health services rendered were professionally indicated or were performed in compliance with the applicable standard of care; or
(B)
The cost of health care rendered was considered reasonable by the providers of professional health services in the area.
Amended by Act 2013, No. 441,§ 1, eff. 8/16/2013.
Acts 1975, No. 191, § 1; A.S.A. 1947, § 82-3201; Acts 1999, No. 1536, § 9.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 9 - HEALTH FACILITIES AND SERVICES GENERALLY (§§ 20-9-101 — 20-9-1504) › Subchapter 5 - PEER REVIEW COMMITTEES (§§ 20-9-501 — 20-9-503) › Section 20-9-502 - Liability of committee members

(a)
There shall be no monetary liability on the part of, and no cause of action for damages shall arise against, any member of a peer review committee for any act or proceeding undertaken or performed within the scope of the functions of the committee if the committee member acts without malice or fraud.
(b)
This subchapter shall not be construed to confer immunity from liability on any professional association or upon any health professional while performing services other than as a member of a peer review committee.
Acts 1975, No. 191, §§ 2, 3; A.S.A. 1947, §§ 82-3202, 82-3203.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 9 - HEALTH FACILITIES AND SERVICES GENERALLY (§§ 20-9-101 — 20-9-1504) › Subchapter 5 - PEER REVIEW COMMITTEES (§§ 20-9-501 — 20-9-503) › Section 20-9-503 - Proceeding and records confidential - Exception

(a)
(1)
The proceedings and records of a peer review committee shall not be subject to discovery or introduction into evidence in any civil action against a provider of professional health services arising out of the matters which are subject to evaluation and review by the committee.
(2)
No person who was in attendance at a meeting of the committee shall be permitted or required to testify in any such civil action as to any evidence or other matters produced or presented during the proceedings of the committee or as to any findings, recommendations, evaluations, opinions, or other actions of the committee or any members thereof.
(b)
(1)
However, information, documents, or records otherwise available from original sources are not to be construed as immune from discovery or use in any such action merely because they were presented during the proceedings of the committee.
(2)
Nor shall any person who testifies before the committee or who is a member of the committee be prevented from testifying as to matters within his or her knowledge, but the witness shall not be asked about his or her testimony before the committee or about opinions formed by him or her as a result of the committee hearings.
(c)
The submission of the peer review proceedings, minutes, records, reports, and communications to a hospital governing board or physician group peer review committee as defined under §
20-9-501
shall not operate as a waiver of the privilege.
Amended by Act 2013, No. 441,§ 2, eff. 8/16/2013.
Acts 1975, No. 191, § 4; A.S.A. 1947, § 82-3204; Acts 1999, No. 1536, § 10.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 9 - HEALTH FACILITIES AND SERVICES GENERALLY (§§ 20-9-101 — 20-9-1504) › Subchapter 6 - CONSENT TO TREATMENT (§§ 20-9-601 — 20-9-606) › Section 20-9-601 - Definition

(a)
As used in this subchapter, "of unsound mind" means the inability to perceive all relevant facts related to one's condition and proposed treatment so as to make an intelligent decision based thereon, whether or not the inability is:
(1)
Only temporary, has existed for an extended period of time, or occurs or has occurred only intermittently; or
(2)
Due to natural state, age, shock or anxiety, illness, injury, drugs or sedation, intoxication, or other cause of whatever nature.
(b)
An individual shall not be considered to be of unsound mind based solely upon his or her refusal of medical care or treatment.
Acts 1981, No. 511, § 2; A.S.A. 1947, § 82-363.1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 9 - HEALTH FACILITIES AND SERVICES GENERALLY (§§ 20-9-101 — 20-9-1504) › Subchapter 6 - CONSENT TO TREATMENT (§§ 20-9-601 — 20-9-606) › Section 20-9-603 - Implied consent - Definition

In addition to any other instances in which consent is excused or implied at law, consent to surgical or medical treatment or procedures suggested, recommended, prescribed, or directed by a licensed physician will be implied in the following circumstances:
(1)
(A)
When an emergency exists and there is no one immediately available who is authorized, empowered to, or capable of consent.
(B)
"Emergency" means a situation in which, in competent medical judgment, the proposed surgical or medical treatment or procedures are immediately or imminently necessary and any delay occasioned by an attempt to obtain a consent would reasonably be expected to jeopardize the life, health, or safety of the person affected or would reasonably be expected to result in disfigurement or impaired faculties; and
(2)
When any emergency exists, there has been a protest or refusal of consent by a person authorized and empowered to do so, and there is no other person immediately available who is authorized, empowered, or capable of consenting but there has been a subsequent material and morbid change in the condition of the affected person.
Acts 1973, No. 328, § 2; 1977, No. 805, § 1; A.S.A. 1947, § 82-364.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 9 - HEALTH FACILITIES AND SERVICES GENERALLY (§§ 20-9-101 — 20-9-1504) › Subchapter 6 - CONSENT TO TREATMENT (§§ 20-9-601 — 20-9-606) › Section 20-9-605 - Simon's Law - Consent for withholding or withdrawing treatment at end of life for minors - Definitions

(a)
This section shall be known and may be cited as "Simon's Law".
(b)
As used in this section:
(1)
"Healthcare institution" means the same as defined in § 20- 6-102;
(2)
"Healthcare provider" means the same as defined in §
20-6-102
; and
(3)
"Minor" means an individual who is under eighteen (18) years of age.
(c)
(1)
A healthcare institution or healthcare provider shall not issue a do-not-resuscitate order or otherwise withhold or withdraw treatment so as to allow the natural death of a minor without the oral or written consent of at least one (1) parent or guardian of the minor.
(2)
If the consent is given orally, two (2) witnesses shall be present and willing to attest that consent was given by at least one (1) parent or guardian.
(3)
The consent shall be documented in the minor's medical record, specifying the parent or guardian who gave consent, the witnesses present, and the date and time that the consent was obtained.
(4)
The parent or guardian may revoke the consent orally or in writing.
(d)
This section does not apply if the minor is:
(1)
Married, pregnant, or emancipated;
(2)
Incarcerated in the Division of Correction or the Division of Community Correction; or
(3)
In the custody of the Department of Human Services.
(e)
This section does not require a healthcare institution or healthcare provider to provide or continue any treatment that would be medically inappropriate because, in the reasonable medical judgment of the healthcare institution or healthcare provider, providing the treatment would:
(1)
Create a greater risk of causing or hastening the death of the minor; or
(2)
Potentially harm or cause unnecessary pain, suffering, or injury to the minor.
(f)
This section does not apply if a reasonably diligent effort of at least seventy-two (72) hours without success has been made to contact and inform each known parent or guardian of the intent to issue a do-not-resuscitate order or otherwise withhold or withdraw treatment so as to allow the natural death of the minor.
(g)
Except as specifically set out in this section, a minor has all rights granted to a minor under the Arkansas Healthcare Decisions Act, §
20-6-101
et seq.
Added by Act 2021, No. 226,§ 1, eff. 7/28/2021.