Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 48 - TREATMENT OF THE DEVELOPMENTALLY DISABLED (§§ 20-48-101 — 20-48-1108) › Subchapter 1 - GENERAL PROVISIONS (§§ 20-48-101 — 20-48-105) › Section 20-48-105 - Nonprofit community programs - Expansion of services

(a)
(1)
The intent of this section is to avoid unnecessary duplication of costs and services in the expansion of nonresidential services to adults with developmental disabilities.
(2)
A designation by the Division of Developmental Disabilities Services of the Department of Human Services that a county is underserved with regard to a specific category of nonresidential services to adults with developmental disabilities establishes that an expansion of nonresidential services to adults with developmental disabilities in the underserved county is necessary.
(b)
(1)
The division shall not issue a new license for operation of a nonprofit community program or approve an application from a nonprofit community program to implement additional nonresidential services to benefit adults with developmental disabilities that are not currently offered by the nonprofit community program unless the division has determined that:
(A)
The county in which the program seeks to operate is underserved with regard to a specific category of nonresidential services currently offered to adults with developmental disabilities and currently funded from available state or federal funds; or
(B)
(i)
The county in which the program seeks to operate is underserved with regard to new services not currently available to adults with developmental disabilities and the new services should be made available to benefit adults with developmental disabilities.
(ii)
State or federal funds are available in amounts necessary to support the delivery of new services not currently available to adults with developmental disabilities.
(2)
(A)
The division shall provide written notice by certified mail of its designation under subdivision (b)(1) of this section to all nonprofit community programs with existing operations in the county designated by the division as underserved.
(B)
If nonprofit community programs with existing operations in the county that do not currently offer the specific category of nonresidential services identified by the division as underserved determine not to expand the identified nonresidential service to adults with developmental disabilities in the underserved county, the division shall provide written notice by certified mail of its designation under subdivision (b)(1) of this section to all nonprofit community programs in the remainder of the state.
(C)
If all nonprofit community programs in the remainder of the state determine not to expand the identified nonresidential service to adults with developmental disabilities in the underserved county, the division shall provide notice to the general public in a newspaper of statewide general circulation.
(c)
In granting an approval under this section, the division shall give approval in the following order of preference:
(1)
A qualified nonprofit community program with existing operations in the county that does not currently offer the specific category of nonresidential services to adults with developmental disabilities identified by the division as underserved;
(2)
A qualified nonprofit community program from another county in the state;
(3)
An accredited nonprofit entity in the underserved county;
(4)
An accredited nonprofit entity from another county in the state; and
(5)
An accredited nonprofit entity from outside the state.
(d)
(1)
(A)
A license from the division is required for operation of a nonprofit community program.
(B)
A qualified nonprofit community program is required to apply to and obtain the approval of the division to implement additional nonresidential services to adults with developmental disabilities that are not currently offered by the qualified nonprofit community program.
(2)
(A)
If an application is approved, the division shall issue a new license or service expansion approval if it finds that the proposed nonresidential service expansion meets the criteria for approval established by the division.
(B)
If the application is denied, the division shall send written notice of the denial to the applicant that sets forth the criteria that the proposed nonresidential service expansion failed to meet.
Amended by Act 2013, No. 1017,§ 3, eff. 7/1/2013.
Acts 1997, No. 1360, § 123; 2007, No. 645, § 3.