reglab/statecodes huggingface dataset:
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 5 - HUMAN DEVELOPMENT CENTERS - PROPERTY AND FINANCES (§§ 20-48-501 — 20-48-511) › Section 20-48-503 - Authority to issue revenue bonds and use available funds and revenues

(a)
The Board of Developmental Disabilities Services is authorized to use any available revenues for the accomplishment of the purposes specified and referred to in §
20-48-502
and is authorized to issue revenue bonds and to use the proceeds thereof for the accomplishment of the purposes, either alone or together with other available funds and revenues.
(b)
The amount of bonds issued shall be sufficient to pay all costs and sums required and necessarily incidental to the accomplishment of the specified purposes, all costs incurred in connection with the issuance of the bonds, the amount necessary to cover debt service on the bonds until revenues are available in a sufficient amount therefor, and the amount necessary for a debt service reserve, if deemed desirable.
Acts 1963, No. 186, § 2; A.S.A. 1947, § 59-1118.
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 5 - HUMAN DEVELOPMENT CENTERS - PROPERTY AND FINANCES (§§ 20-48-501 — 20-48-511) › Section 20-48-505 - Liability of Board of Developmental Disabilities Services for bonds

(a)
It shall be plainly stated on the face of each bond issued that the bond has been issued under the provisions of this subchapter. Bonds issued under the provisions of this subchapter shall be general obligations only of the Board of Developmental Disabilities Services, and in no event shall they constitute an indebtedness for which the faith and credit of the State of Arkansas or any of its revenues are pledged. There shall be no mortgage or other lien executed on any lands or buildings belonging to the State of Arkansas.
(b)
All agreements and contracts entered into by the board in connection with the issuance of any bonds hereunder shall be binding in all respects upon the board and its successors from time to time in accordance with the terms and provisions of the agreements or contracts. The terms and provisions of the agreements or contracts shall be enforceable by appropriate proceedings at law or in equity, or otherwise, including without limitation mandamus.
Acts 1963, No. 186, § 4; A.S.A. 1947, § 59-1120.
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 5 - HUMAN DEVELOPMENT CENTERS - PROPERTY AND FINANCES (§§ 20-48-501 — 20-48-511) › Section 20-48-506 - Nonliability of board members for bonds - Exception

No member of the Board of Developmental Disabilities Services shall be personally liable on any bonds issued pursuant to this subchapter, or for any damages sustained by anyone in connection with agreements and contracts authorizing or pertaining to the bonds of any issue pursuant to this subchapter or the carrying out of any other authority conferred by this subchapter, unless the member involved has acted with a corrupt intent.
Acts 1963, No. 186, § 5; A.S.A. 1947, § 59-1121.
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 5 - HUMAN DEVELOPMENT CENTERS - PROPERTY AND FINANCES (§§ 20-48-501 — 20-48-511) › Section 20-48-507 - Revenue bonds secured by pledge of gross charges and surplus charges - Definition

(a)
The principal of, interest on, and paying agent's fees in connection with the revenue bonds of each issue shall be secured by a pledge of and payable in the first instance from the gross charges imposed by the Board of Developmental Disabilities Services pursuant to the provisions of §
20-48-411
applicable to the particular properties financed in whole or in part by the proceeds of the bonds of the particular issue involved.
(b)
(1)
In addition, the board is authorized to pledge and to use for the payment of the principal of and interest on the bonds of any issue, and paying agent's fees, surplus charges applicable to existing properties and any other properties operated by the board, whether or not the other properties were financed in whole or in part by bonds issued under this subchapter.
(2)
"Surplus charges", as that term is used in this section, means gross charges which are not pledged to any bond issue and also that amount of any charges that are pledged which is in excess of the amount necessary to meet all requirements of resolutions securing bonds to finance the particular properties to the payment of which the charges are specifically pledged.
(c)
As specified in this subchapter, the resolution of the board pledging specific charges can control priorities as to the lien on the charges between successive issues.
(d)
In addition, the board is authorized to use, as distinguished from pledge, any available revenues and funds of the board, including without limitation appropriated and cash funds, if available.
(e)
All charges assessed and collected by the board pursuant to the authority conferred by §
20-48-411
are specifically declared to be cash funds and may be collected and deposited into such banks and depositories as shall be determined from time to time by the board.
(f)
Furthermore, in connection with any charges which are pledged to the payment of any issue of bonds pursuant to this subchapter, the board is expressly authorized to make such agreements and contracts with the bondholders, or the trustee for the bondholders, embodied in a resolution or trust indenture, referred to above, authorizing and securing the particular issue of bonds, with reference to the maintenance of the maximum possible occupancy and the maintenance of charges at a specified level, as the board may determine to be necessary or desirable in connection with the issuance of bonds on the most favorable terms possible.
Acts 1963, No. 186, § 7; A.S.A. 1947, § 59-1122.
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 5 - HUMAN DEVELOPMENT CENTERS - PROPERTY AND FINANCES (§§ 20-48-501 — 20-48-511) › Section 20-48-508 - Issuance of refunding bonds

(a)
Bonds may be issued pursuant to this subchapter for the purpose of refunding any issue of bonds theretofore issued under the provisions of this subchapter.
(b)
When refunding bonds are issued, the refunding bonds may either be sold or delivered in exchange for the bonds being refunded. If sold, the proceeds may be either applied to the payment of the bonds being refunded or deposited in escrow for the retirement thereof.
(c)
All refunding bonds issued under this section shall in all respects be authorized, issued, and secured in the manner provided for other bonds issued under this subchapter and shall have all the attributes of such bonds.
(d)
The resolution under which the refunding bonds are issued may provide that any of the refunding bonds shall have the same priority of lien on the charges pledged for their payment as was enjoyed by the bonds refunded thereby.
Acts 1963, No. 186, § 8; A.S.A. 1947, § 59-1123.
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 5 - HUMAN DEVELOPMENT CENTERS - PROPERTY AND FINANCES (§§ 20-48-501 — 20-48-511) › Section 20-48-509 - Taxation of bonds

Bonds issued under the provisions of this subchapter shall be exempt from all state, county, and municipal taxes. This exemption includes income and estate taxes.
Acts 1963, No. 186, § 9; A.S.A. 1947, § 59-1124.
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 5 - HUMAN DEVELOPMENT CENTERS - PROPERTY AND FINANCES (§§ 20-48-501 — 20-48-511) › Section 20-48-510 - Municipalities, boards, commissions, etc., authorized to invest in bonds

(a)
Any municipality or any board, commission, or other authority established by ordinance of any municipality, or the boards of trustees, respectively, of the firemen's relief and pension fund and the policemen's pension and relief fund of any municipality, or any county, or the board of trustees of any retirement system created by the General Assembly, may, in its discretion, invest any of its funds in the bonds of the Board of Developmental Disabilities Services issued under the provisions of this subchapter.
(b)
The bonds issued under the provisions of this subchapter shall be eligible to secure the deposit of public funds.
Acts 1963, No. 186, § 10; A.S.A. 1947, § 59-1125.
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 5 - HUMAN DEVELOPMENT CENTERS - PROPERTY AND FINANCES (§§ 20-48-501 — 20-48-511) › Section 20-48-511 - Developmental disabilities - Timber sales proceeds - Capital improvements and equipment

(a)
(1)
The Division of Developmental Disabilities Services is authorized to have cash fund accounts for capital improvements to physical plants and for the purchase of capital equipment for the five (5) human development centers operated by the division.
(2)
The cash funds shall be held by the division from the proceeds of the sale of timber that may be harvested from land owned by the division.
(3)
The harvesting of timber is specifically authorized to provide funds to finance capital improvements to the physical plants and for major capital equipment purchases at any of the five (5) human development centers.
(b)
All expenditures of funds derived from the sale of timber will be expended in accordance with relevant state procurement laws.
(c)
(1)
The division shall report all income derived from timber management to the Chief Fiscal Officer of the State and to the Legislative Council.
(2)
Any contracts initiated for the harvesting of timber shall be submitted to the Review Subcommittee of the Legislative Council for review.
Acts 1999, No. 1537, § 97.
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 6 - LOCATION ACT FOR COMMUNITY HOMES FOR DEVELOPMENTALLY DISABLED PERSONS (§§ 20-48-601 — 20-48-611) › Section 20-48-601 - Title

This subchapter shall be known as the "Location Act for Community Homes for Individuals with Intellectual and Developmental Disabilities".
Amended by Act 2019, No. 1035,§ 31, eff. 7/24/2019.
Acts 1987, No. 611, § 1.
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 6 - LOCATION ACT FOR COMMUNITY HOMES FOR DEVELOPMENTALLY DISABLED PERSONS (§§ 20-48-601 — 20-48-611) › Section 20-48-602 - Purpose

(a)
The General Assembly declares that it is the goal of this subchapter to improve the quality of life of all individuals with intellectual or other developmental disabilities and to integrate individuals with intellectual or other developmental disabilities into the mainstream of society by ensuring them the availability of community residential opportunities in the residential areas of this state.
(b)
In order to implement this goal, this subchapter should be liberally construed toward that end.
Amended by Act 2019, No. 1035,§ 31, eff. 7/24/2019.
Acts 1987, No. 611, § 2.
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 6 - LOCATION ACT FOR COMMUNITY HOMES FOR DEVELOPMENTALLY DISABLED PERSONS (§§ 20-48-601 — 20-48-611) › Section 20-48-603 - Definitions

As used in this subchapter, unless the context otherwise requires:
(1)
"Individual with an intellectual and developmental disability" means a person with an intellectual and developmental disability as defined in this section;
(2)
"Intellectual and developmental disability" means the same as defined in §
20-48-101
;
(3)
"Division" means the Division of Developmental Disabilities Services or the staff of the division where the context so indicates;
(4)
"Family Home I" means a community-based residential home licensed by the division that provides room and board, personal care, habilitation services, and supervision in a single-family environment for not more than eight (8) individuals with developmental disabilities;
(5)
"Family Home II" means a community-based residential home licensed by the division that provides room and board, personal care, habilitation services, and supervision in a multifamily environment for more than eight (8) but fewer than sixteen (16) individuals with developmental disabilities;
(6)
"Permitted use" means a use by right that is authorized in residential zoning districts; and
(7)
"Political subdivision" means a county or municipal corporation and includes any boards, commissions, or councils governing land use on behalf of the political subdivision.
Amended by Act 2023, No. 214,§ 3, eff. 8/1/2023.
Amended by Act 2019, No. 1035,§ 32, eff. 7/24/2019.
Amended by Act 2013, No. 1132,§ 35, eff. 8/16/2013.
Acts 1987, No. 611, § 3; 2011, No. 68, § 3.
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 6 - LOCATION ACT FOR COMMUNITY HOMES FOR DEVELOPMENTALLY DISABLED PERSONS (§§ 20-48-601 — 20-48-611) › Section 20-48-604 - Zoning - Permitted use

(a)
A Family Home I is a residential use of property for the purposes of zoning and shall be treated as a permitted use in all residential zones or districts, including all single-family residential zones or districts of all political subdivisions. No political subdivision may require that a Family Home I or its owner or operator obtain a conditional use permit, special use permit, special exception, or variance.
(b)
A Family Home II is a multifamily residential use of a property for the purpose of zoning and shall be treated as a permitted use in all zoning districts of all political subdivisions allowing multifamily uses. No political subdivision may require that a Family Home II or its owner or operator obtain a conditional use permit, special use permit, special exception, or variance.
Acts 1987, No. 611, § 4.
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 6 - LOCATION ACT FOR COMMUNITY HOMES FOR DEVELOPMENTALLY DISABLED PERSONS (§§ 20-48-601 — 20-48-611) › Section 20-48-605 - Issuance and renewal of licenses

(a)
For the purposes of safeguarding the health and safety of individuals with intellectual or other developmental disabilities and avoiding over-concentration of Family Homes I and Family Homes II, either alone or in conjunction with similar community-based residences, the Division of Developmental Disabilities Services shall inspect and license the operation of family homes and may renew or revoke their licenses.
(b)
A license is valid for one (1) year from the date it is issued or renewed although the division may inspect the homes more frequently, if needed.
(c)
The division shall not issue or renew and may revoke the license of a family home not operating in compliance with this section and rules adopted hereunder.
Amended by Act 2019, No. 315,§ 2156, eff. 7/24/2019.
Amended by Act 2019, No. 1035,§ 33, eff. 7/24/2019.
Acts 1987, No. 611, § 5.
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 6 - LOCATION ACT FOR COMMUNITY HOMES FOR DEVELOPMENTALLY DISABLED PERSONS (§§ 20-48-601 — 20-48-611) › Section 20-48-607 - Application for license

(a)
All applicants for a license to operate a Family Home I or Family Home II shall apply to the Division of Developmental Disabilities Services for the license and shall file a copy of the application with the governing body of the political subdivision having jurisdiction over the zoning of the land on which the Family Home I or Family Home II is to be located.
(b)
Notice of the application shall be sent by mail addressed to the resident as listed in the city directory or occupant of all buildings located within two hundred feet (200') of the proposed site.
(c)
(1)
All applicants shall post a sign not less than twelve inches by eighteen inches (12" x 18") at the site.
(2)
The sign shall contain such statements as required by rules promulgated pursuant to this subchapter.
(d)
All applications must include population and occupancy statistics reflecting compliance with the limits established pursuant to §
20-48-606(a)(1)(A) and (B)
.
(e)
The division may not issue a license for a family home until the applicant has submitted proof of filing with the governing body of the political subdivision having jurisdiction over the zoning of the land on which the home is to be located a copy of the application at least thirty (30) days before the granting of the license and any amendment of the application increasing the number of residents to be served at least fifteen (15) days before the granting of a license.
Amended by Act 2019, No. 315,§ 2160, eff. 7/24/2019.
Acts 1987, No. 611, § 6.
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 6 - LOCATION ACT FOR COMMUNITY HOMES FOR DEVELOPMENTALLY DISABLED PERSONS (§§ 20-48-601 — 20-48-611) › Section 20-48-608 - List of family homes

In order to facilitate the implementation of §
20-48-606(a)(1)(A) and (B)
, the Division of Developmental Disabilities Services of the Department of Human Services shall maintain a list of the location, capacity, and current occupancy of all Family Homes I and Family Homes II. The division shall ensure that this list shall not contain the names or other identifiable information about any residents of the homes and that copies of this list shall be available to any resident of this state and any state agency or political subdivision upon request.
Acts 1987, No. 611, § 7.
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 6 - LOCATION ACT FOR COMMUNITY HOMES FOR DEVELOPMENTALLY DISABLED PERSONS (§§ 20-48-601 — 20-48-611) › Section 20-48-609 - Comprehensive plans

(a)
Any political subdivision which currently has zoning restrictions or hereafter adopts zoning restrictions may develop a comprehensive plan for providing adequate sites for Family Homes I and Family Homes II and submit the plan to the Division of Developmental Disabilities Services of the Department of Human Services along with population and occupancy statistics reflecting compliance with the limits established pursuant to §
20-48-606(a)(1)(A) and (B)
.
(b)
The plan may also delineate unsuitable sites due to high risks set forth in §
20-48-606(4)
.
(c)
The division shall thereafter consult the comprehensive plan filed by the political subdivision in considering licensure of Family Homes I and Family Homes II for that political subdivision.
Acts 1987, No. 611, § 9.
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 6 - LOCATION ACT FOR COMMUNITY HOMES FOR DEVELOPMENTALLY DISABLED PERSONS (§§ 20-48-601 — 20-48-611) › Section 20-48-610 - Compliance with appearance or structural requirements in certain districts

Nothing in this subchapter shall be construed as relieving the owner or operator of any Family Home I or Family Home II of the obligation to comply with outside appearance requirements or structural requirements for location of a Family Home I or Family Home II within a local historic district or within the Capitol Zoning District.
Acts 1987, No. 611, § 8.
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 6 - LOCATION ACT FOR COMMUNITY HOMES FOR DEVELOPMENTALLY DISABLED PERSONS (§§ 20-48-601 — 20-48-611) › Section 20-48-611 - Restriction by private property agreement void

(a)
Any restriction, reservation, condition, exception, or covenant in any subdivision plan, deed, or other instrument of or pertaining to the transfer, sale, lease, or use of property that would permit residential use of property but prohibit the use of the property as a Family Home I or Family Home II for individuals with intellectual or other developmental disabilities, to the extent of the prohibition, shall be void as against the public policy of this state and shall be given no legal or equitable force or effect.
(b)
Nothing in this subchapter shall be construed directly or analogously to affect the rights of property owners to exclude by express or judicially implied agreements other property uses which are not the subject of this subchapter.
Amended by Act 2019, No. 1035,§ 34, eff. 7/24/2019.
Acts 1987, No. 611, § 10.
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 7 - RELATIONSHIP BETWEEN STATE AND COMMUNITIES TO PROVIDE FOR COMMUNITY-BASED SERVICES (§§ 20-48-701 — 20-48-705) › Section 20-48-701 - Finding

The General Assembly finds that the State of Arkansas contracts with nonprofit community programs serving individuals with developmental disabilities as quasi-governmental instrumentalities of the state in order to provide a service that the state would otherwise provide for this population through state-operated programs and facilities.
Acts 2001, No. 1792, § 1; 2007, No. 645, § 2 [4].
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 7 - RELATIONSHIP BETWEEN STATE AND COMMUNITIES TO PROVIDE FOR COMMUNITY-BASED SERVICES (§§ 20-48-701 — 20-48-705) › Section 20-48-703 - Eligibility

(a)
(1)
Eligibility for services and appropriate placement in the least restrictive environment for individuals with intellectual and developmental disabilities under any of the service models included in the state's Medicaid plan with the Centers for Medicare & Medicaid Services or for services covered from state general revenue dollars shall be made by the interdisciplinary team composed in keeping with federal and state laws pertaining to individuals with special needs.
(2)
Subdivision (a)(1) of this section does not negate or preclude the rights of individuals with intellectual and developmental disabilities under existing federal and state laws.
(b)
(1)
Subject to approval by the Centers for Medicare & Medicaid Services, the Department of Human Services will accept an individualized family service plan or an individualized program plan developed in conformity with all applicable state and federal laws as prior authorization for Medicaid-covered therapies provided to persons with intellectual and developmental disabilities.
(2)
Prior authorization does not preclude post-payment reviews or other utilization control measures.
(c)
(1)
For individuals with intellectual and developmental disabilities who, pursuant to the diagnosis, evaluation, and assessments conducted by the interdisciplinary team, in conformity with all applicable federal and state laws, are found to fall within the eligibility guidelines adopted pursuant to this subchapter, and where the individual's primary care physician, independent of the service provider, serves as the gatekeeper and prescribes early intervention day treatment or adult developmental day treatment services, or both, prior approval is not required for up to five (5) hours of daily services.
(2)
If the funding model for the early intervention day treatment and adult developmental day treatment services is changed in the state's Medicaid plan with the Centers for Medicare & Medicaid Services, the five (5) hours per day shall remain the minimum number of hours to afford those families who choose to keep their child or adult with an intellectual or other developmental disability in the community, thereby bearing a considerable responsibility for the care and expenses related to the treatment and care.
Amended by Act 2019, No. 1035,§ 35, eff. 7/24/2019.
Acts 2001, No. 1792, § 3.
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 7 - RELATIONSHIP BETWEEN STATE AND COMMUNITIES TO PROVIDE FOR COMMUNITY-BASED SERVICES (§§ 20-48-701 — 20-48-705) › Section 20-48-704 - Code system of reimbursement

(a)
The conversion to the federally mandated current procedural terminology code system of reimbursement shall take into account the intent of this law to provide sources of funding that cover the costs of services to individuals who choose community-based options, within the adopted and approved eligibility standard, including the prescribed treatment services and all required compliance mandates from the federal and state governments.
(b)
If the early intervention day treatment or adult developmental day treatment services codes, or both, are excluded by the Centers for Medicare & Medicaid Services, the Division of Medical Services shall take all necessary steps to apply to the administration for approval of a service model that will continue to provide an array of community-based service options for children and adults comparable to or greater than those under the present early intervention day treatment and adult developmental day treatment services model.
Amended by Act 2019, No. 1035,§ 36, eff. 7/24/2019.
Acts 2001, No. 1792, § 4.
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 7 - RELATIONSHIP BETWEEN STATE AND COMMUNITIES TO PROVIDE FOR COMMUNITY-BASED SERVICES (§§ 20-48-701 — 20-48-705) › Section 20-48-705 - Membership of nonprofit organizations

A nonprofit organization licensed or certified by the Division of Developmental Disabilities Services to serve adults shall include an individual with intellectual or other developmental disabilities as an ex officio member of the nonprofit organization's board of directors or other governing body.
Amended by Act 2019, No. 1035,§ 37, eff. 7/24/2019.
Acts 2009, No. 1488, § 1.
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 8 - CRIMINAL RECORDS CHECKS FOR EMPLOYEES OF PROVIDERS OF CARE TO DISABLED ADULTS (§§ 20-48-801 — 20-48-812) › Section 20-48-812 - Criminal history records checks required - Definitions

(a)
As used in this section:
(1)
"Employee" means:
(A)
An individual who currently works for or is being considered for hire by a service provider, including without limitation an independent contractor, subcontractor, intern, volunteer, trainee, or agent of the service provider; and
(B)
The individual will have direct contact with:
(i)
An individual with an intellectual and developmental disability;
(ii)
The personal property of an individual with an intellectual and developmental disability; or
(iii)
The funds of an individual with an intellectual and developmental disability; and
(2)
"Service provider" means an individual or entity providing state or federally funded services through the Division of Developmental Disabilities Services to one (1) or more individuals with intellectual and developmental disabilities as defined in §
20-48-101
.
(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)
An employee shall pass:
(1)
A criminal history records check as required under §
20-38-103
before employment and once every five (5) years during his or her term of employment;
(2)
An Arkansas Child Maltreatment Central Registry check before employment and once every two (2) years during his or her term of employment;
(3)
An Arkansas Adult and Long-term Care Facility Resident Maltreatment Central Registry check before employment and once every two (2) years during his or her term of employment;
(4)
An Arkansas Sex Offender Registry check before employment and once every two (2) years during his or her term of employment; and
(5)
A drug screening that tests for the use of illegal drugs before employment.
Amended by Act 2023, No. 184,§ 1, eff. 8/1/2023.
Amended by Act 2019, No. 1035,§ 38, eff. 7/24/2019.
Acts 2009, No. 762, § 8.
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 9 - INTERMEDIATE CARE FACILITIES (§§ 20-48-901 — 20-48-904) › Section 20-48-901 - Definitions

As used in this subchapter:
(1)
(A)
"Gross receipts" means all compensation paid to intermediate care facilities for individuals with intellectual and developmental disabilities for services provided to residents, including without limitation client participation.
(B)
"Gross receipts" does not include charitable contributions;
(2)
(A)
"Intermediate care facility for individuals with intellectual and developmental disabilities" means a residential institution maintained for the care and training of persons with intellectual and developmental disabilities.
(B)
"Intermediate care facility for individuals with intellectual and developmental disabilities" does not include:
(i)
Offices of private physicians and surgeons;
(ii)
Residential care facilities;
(iii)
Assisted living facilities;
(iv)
Hospitals;
(v)
Institutions operated by the United States Government;
(vi)
Life care facilities;
(vii)
Nursing facilities; or
(viii)
A facility which is conducted by and for those who rely exclusively upon treatment by prayer for healing in accordance with tenets or practices of a recognized religious denomination; and
(3)
"Medicaid" means the medical assistance program established by Title XIX of the Social Security Act,
42 U.S.C. § 1396
et seq., as it existed on January 1, 2009, and administered by the Division of Medical Services.
Amended by Act 2019, No. 1035,§ 39, eff. 7/24/2019.
Acts 2009, No. 433, § 1.
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 9 - INTERMEDIATE CARE FACILITIES (§§ 20-48-901 — 20-48-904) › Section 20-48-902 - Calculation of provider fee

(a)
(1)
There is levied a provider fee on intermediate care facilities for individuals with intellectual or other developmental disabilities to be calculated in accordance with this section.
(2)
(A)
The provider fee shall be an amount calculated by the Division of Medical Services to produce an aggregate provider fee payment equal to six percent (6%) of the aggregate gross receipts of all intermediate care facilities for individuals with intellectual or other developmental disabilities.
(B)
Aggregate provider fees shall not equal or exceed an amount measured on a state fiscal year basis that may cause a reduction in federal financial participation in Medicaid.
(b)
(1)
(A)
The provider fee of an intermediate facility for individuals with intellectual or other developmental disabilities shall be payable in monthly payments.
(B)
Each monthly payment shall be due and payable for the previous month by the thirtieth day of each month.
(2)
The division shall seek approval from the Centers for Medicare & Medicaid Services to treat the provider fee of an intermediate care facility for individuals with intellectual or other developmental disabilities as an allowable cost for Medicaid reimbursement purposes.
(c)
An intermediate care facility for individuals with intellectual or other developmental disabilities is not guaranteed, expressly or otherwise, that any additional moneys paid to the intermediate care facility for individuals with intellectual or other developmental disabilities will equal or exceed the amount of its provider fee.
(d)
(1)
The division shall ensure that the rate of assessment of the provider fee established in this section maximizes federal funding to the fullest extent possible.
(2)
If the division determines that the rate of assessment of the provider fee established in this section equals or exceeds the maximum rate of assessment that federal law allows without reduction in federal financial participation in Medicaid, the division shall lower the rate of assessment of the provider fee to a rate that maximizes federal funding to the fullest extent possible.
Amended by Act 2019, No. 1035,§ 40, eff. 7/24/2019.
Acts 2009, No. 433, § 1.
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 9 - INTERMEDIATE CARE FACILITIES (§§ 20-48-901 — 20-48-904) › Section 20-48-903 - Administration

(a)
The Director of the Division of Medical Services of the Department of Human Services shall administer this subchapter and shall be subject to the Arkansas Administrative Procedure Act, §
25-15-201
et seq.
(b)
(1)
In accordance with the Arkansas Administrative Procedure Act, §
25-15-201
et seq., the Division of Medical Services of the Department of Human Services shall promulgate rules and prescribe forms for:
(A)
The proper imposition and collection of the provider fee;
(B)
(i)
The enforcement of this subchapter, including without limitation license or certification nonrenewal, letters of caution, sanctions, or fines.
(ii)
The fine for failure to comply with payment and reporting requirements shall be at least one thousand dollars ($1,000) but no more than one thousand five hundred dollars ($1,500).
(iii)
The fine and, if applicable, the outstanding balance of the provider fee shall accrue interest at the maximum rate permitted by law from the date the fine and, if applicable, the provider fee is due until payment of the outstanding balance of the fine and, if applicable, the provider fee;
(C)
The format for reporting gross receipts; and
(D)
The administration of this subchapter.
(2)
The rules shall not grant any exceptions to or exceptions from the provider fee.
Acts 2009, No. 433, § 1.
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 9 - INTERMEDIATE CARE FACILITIES (§§ 20-48-901 — 20-48-904) › Section 20-48-904 - Use of funds

(a)
(1)
The provider fee assessed and collected under this subchapter shall be deposited into a designated account within the Arkansas Medicaid Program Trust Fund.
(2)
The designated account shall be separate and distinct from the General Revenue Fund Account of the State Apportionment Fund and shall be supplementary to the Arkansas Medicaid Program Trust Fund.
(3)
The designated account moneys in the Arkansas Medicaid Program Trust Fund and the matching federal financial participation under Title XIX of the Social Security Act,
42 U.S.C. § 1396
et seq., as it existed on January 1, 2009, shall be used only for:
(A)
Continued operation of and rate increases for:
(i)
Intermediate care facilities for individuals with intellectual and developmental disabilities;
(ii)
Early intervention day treatment and adult developmental day treatment service providers; and
(iii)
Services provided to persons with developmental disabilities under a community and employment supports services waiver;
(B)
Expansion of the Community and Employment Support Waiver Program to serve more persons with developmental disabilities than is approved under the waiver program;
(C)
The Division of Medical Services; and
(D)
Public guardianship of adults.
(b)
(1)
The designated account moneys in the Arkansas Medicaid Program Trust Fund from the provider fee on intermediate care facilities for individuals with intellectual or other developmental disabilities that are unused at the end of a fiscal year shall be carried forward.
(2)
The designated account moneys in the Arkansas Medicaid Program Trust Fund from the provider fee on intermediate care facilities for individuals with intellectual or other developmental disabilities may not be used to supplant other local, state, or federal funds.
Amended by Act 2019, No. 1035,§ 42, eff. 7/24/2019.
Amended by Act 2019, No. 1035,§ 41, eff. 7/24/2019.
Acts 2009, No. 433, § 1.
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 10 - ALTERNATIVE COMMUNITY SERVICES WAIVER PROVIDER FEE (§§ 20-48-1001 — 20-48-1005) › Section 20-48-1001 - Definitions

As used in this subchapter:
(1)
"Community and Employment Support Waiver Program" means the home and community-based waiver program authorized by the Centers for Medicare & Medicaid Services under section 1915(c) of the Social Security Act,
42 U.S.C. § 1396
et seq., and administered by the Division of Developmental Disabilities Services;
(2)
(A)
"Gross receipts" means compensation paid to a provider for services provided through, or identical to those provided under, the Community and Employment Support Waiver Program.
(B)
"Gross receipts" does not include charitable contributions; and
(3)
"Medicaid" means the medical assistance program established by Title XIX of the Social Security Act,
42 U.S.C. § 1396
et seq., and administered by the Division of Medical Services.
Amended by Act 2019, No. 1035,§ 43, eff. 7/24/2019.
Acts 2011, No. 275, § 1.
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 10 - ALTERNATIVE COMMUNITY SERVICES WAIVER PROVIDER FEE (§§ 20-48-1001 — 20-48-1005) › Section 20-48-1002 - Provider fee

(a)
(1)
There is imposed a provider fee on services provided through, or identical to those provided under, the Community and Employment Support Waiver Program to be calculated in accordance with this section.
(2)
The provider fee shall be an amount calculated by the Division of Medical Services to produce a provider fee payment equal to six percent (6%) of the gross receipts received by each provider.
(b)
(1)
(A)
The provider fee shall be payable in monthly payments.
(B)
Each monthly payment shall be due and payable for the previous month by the thirtieth day of each month.
(2)
The division shall seek approval from the Centers for Medicare & Medicaid Services to treat the provider fee as an allowable cost for Medicaid reimbursement purposes.
(c)
A provider of services under the Community and Employment Support Waiver Program shall not be guaranteed, expressly or otherwise, that any additional moneys paid to the provider for services under the Community and Employment Support Waiver Program will equal or exceed the amount of its provider fee.
(d)
(1)
The division shall ensure that the rate of imposition of the provider fee established in this section equals, but does not exceed, the maximum rate of imposition established under federal law and rule for healthcare-related provider fees without reduction in federal financial participation in Medicaid.
(2)
If the division determines that the rate of imposition of the provider fee established in this section exceeds the maximum rate of imposition that federal law and rule allow for healthcare-related provider fees without reduction in federal financial participation in Medicaid, the division shall lower the rate of imposition of the provider fee to a rate that is equal to the maximum rate that federal law and rule allow for healthcare-related provider fees without reduction in federal financial participation in Medicaid.
Amended by Act 2019, No. 1035,§ 45, eff. 7/24/2019.
Amended by Act 2019, No. 1035,§ 44, eff. 7/24/2019.
Acts 2011, No. 275, § 1.
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 10 - ALTERNATIVE COMMUNITY SERVICES WAIVER PROVIDER FEE (§§ 20-48-1001 — 20-48-1005) › Section 20-48-1003 - Administration

(a)
The administration of this subchapter shall be exercised by the Director of the Division of Medical Services of the Department of Human Services and shall be subject to the provisions of the Arkansas Administrative Procedure Act, §
25-15-201
et seq.
(b)
(1)
In accordance with the Arkansas Administrative Procedure Act, §
25-15-201
et seq., the Division of Medical Services of the Department of Human Services shall promulgate rules and prescribe forms for:
(A)
The proper imposition and collection of the provider fee;
(B)
(i)
The enforcement of this subchapter, including without limitation certification nonrenewal, letters of caution, sanctions, or fines.
(ii)
The fine for failure to comply with payment and reporting requirements shall be at least one thousand dollars ($1,000) but no more than one thousand five hundred dollars ($1,500).
(iii)
The fine and, if applicable, the outstanding balance of the provider fee shall accrue interest at the maximum rate permitted by law from the date the fine and, if applicable, the provider fee is due until payment of the outstanding balance of the fine and, if applicable, the provider fee;
(C)
The format for reporting gross receipts; and
(D)
The administration of this subchapter.
(2)
The rules shall not grant any exceptions to, or exceptions from, the provider fee.
Acts 2011, No. 275, § 1.
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 10 - ALTERNATIVE COMMUNITY SERVICES WAIVER PROVIDER FEE (§§ 20-48-1001 — 20-48-1005) › Section 20-48-1004 - Use of funds

(a)
(1)
The provider fee imposed and collected under this subchapter shall be deposited into a designated account within the Arkansas Medicaid Program Trust Fund.
(2)
The designated account shall be separate and distinct from the General Revenue Fund Account of the State Apportionment Fund and shall be supplementary to the Arkansas Medicaid Program Trust Fund.
(3)
The designated account moneys in the Arkansas Medicaid Program Trust Fund and the matching federal financial participation under Title XIX of the Social Security Act,
42 U.S.C. § 1396
et seq., shall be used only as follows:
(A)
For the amount resulting from the first five and five-tenths percent (5.5%) of the provider fee:
(i)
A minimum of fifty percent (50%) shall be used for the support and enhancement of services under the Community and Employment Support Waiver Program to persons with developmental disabilities; and
(ii)
An amount not to exceed fifty percent (50%) may be used by the Division of Medical Services; and
(B)
The amount resulting from the next five-tenths of one percent (0.5%) of the provider fee shall be used by the Division of Developmental Disabilities Services for the support of the state's human development centers.
(b)
(1)
The designated account moneys in the Arkansas Medicaid Program Trust Fund from the provider fee imposed and collected under this subchapter that are unused at the end of a fiscal year shall be carried forward.
(2)
The designated account moneys in the Arkansas Medicaid Program Trust Fund from the provider fee imposed and collected under this subchapter may not be used to supplant other local, state, or federal funds.
(3)
The designated account moneys in the Arkansas Medicaid Program Trust Fund from the provider fee imposed and collected under this subchapter shall be exempt from budgetary cuts, reductions, or eliminations caused by a deficiency of general revenues.
Amended by Act 2019, No. 1035,§ 46, eff. 7/24/2019.
Amended by Act 2013, No. 1132,§ 36, eff. 8/16/2013.
Acts 2011, No. 275, § 1.
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 10 - ALTERNATIVE COMMUNITY SERVICES WAIVER PROVIDER FEE (§§ 20-48-1001 — 20-48-1005) › Section 20-48-1005 - Effectiveness and cessation

The imposition imposed under §
20-48-1002
shall not take effect or shall cease to be imposed if the imposition is determined to be an impermissible tax or not eligible for federal financial participation under Title XIX of the Social Security Act,
42 U.S.C. § 1396
et seq.
Acts 2011, No. 275, § 1.
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 11 - MANAGED EXPANSION FOR CHILD HEALTH MANAGEMENT SERVICES (§§ 20-48-1101 — 20-48-1108) › Section 20-48-1101 - Legislative intent

The intent of this subchapter is to avoid unnecessary expansion in Medicaid costs and services related to early intervention day treatment services for children or any successor program providing early intervention day treatment to children.
Amended by Act 2019, No. 1035,§ 47, eff. 7/24/2019.
Added by Act 2013, No. 1017,§ 1, eff. 7/1/2013.