reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 5 - SOCIAL SERVICES (§§ 20-76-101 — 20-86-113) › Chapter 77 - MEDICAL ASSISTANCE (§§ 20-77-101 — 20-77-2811) › Subchapter 27 - MEDICAID PROVIDER-LED ORGANIZED CARE ACT (§§ 20-77-2701 — 20-77-2708) › Section 20-77-2705 - Excluded services

(a)
Except as provided in subsection (b) of this section, all healthcare services delivered through the Medicaid provider-led organized care system shall:
(1)
Be available for all members of covered Medicaid beneficiary populations; and
(2)
Be comparable in amount, duration, or scope as compared to other Medicaid-eligible individuals as specified in the state plan for medical assistance.
(b)
The Medicaid provider-led organized care system shall be implemented to the extent possible, but shall not include the following services when provided to enrollable Medicaid beneficiary populations:
(1)
Nonemergency medical transportation in a capitated program;
(2)
Dental benefits in a capitated program;
(3)
School-based services provided by school employees;
(4)
Skilled nursing facility services;
(5)
Assisted living facility services;
(6)
Human development center services; or
(7)
Waiver services provided to adults with physical disabilities through the AR Choices in Homecare program or the Arkansas Independent Choices program.
Added by Act 2017, No. 775,§ 1, eff. 3/31/2017.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 5 - SOCIAL SERVICES (§§ 20-76-101 — 20-86-113) › Chapter 77 - MEDICAL ASSISTANCE (§§ 20-77-101 — 20-77-2811) › Subchapter 27 - MEDICAID PROVIDER-LED ORGANIZED CARE ACT (§§ 20-77-2701 — 20-77-2708) › Section 20-77-2707 - Reporting and performance measures

(a)
(1)
On a quarterly basis, a risk-based provider organization shall submit to the Department of Human Services protected health information for each member of a covered Medicaid beneficiary population and a voluntary Medicaid beneficiary population enrolled with the risk-based provider organization in accordance with standards and procedures adopted by the department, including without limitation:
(A)
Claims data, including without limitation:
(i)
Denial rates; and
(ii)
Claims-paid rates;
(B)
Encounter data;
(C)
Unique identifiers;
(D)
Geographic and demographic information;
(E)
Patient satisfaction scores; and
(F)
Other information as required by the state.
(2)
Personally identifiable data submitted under this section shall be treated as confidential and is exempt from disclosure under the Freedom of Information Act of 1967, §
25-19-101
et seq.
(b)
The department shall use the data submitted under subsection (a) of this section to measure the performance of the risk-based provider organization in:
(1)
Delivery of services;
(2)
Patient outcomes;
(3)
Efficiencies achieved; and
(4)
Quality measures.
(c)
Performance measures established by the department shall at a minimum monitor:
(1)
Reduction in unnecessary hospital emergency department utilization;
(2)
Adherence to prescribed medication regimens;
(3)
Reduction in avoidable hospitalizations for ambulatory-sensitive conditions; and
(4)
Reduction in hospital readmissions.
(d)
The department shall issue funds from the quality incentive pool above the amount of the global payments initially provided to a risk-based provider organization that meets or exceeds specific performance and outcome measures established by the department.
(e)
On a quarterly basis, the department shall report to the Legislative Council, or to the Joint Budget Committee if the General Assembly is in session, available information regarding:
(1)
Risk-based provider organization membership enrollment and distribution;
(2)
Patient experience data; and
(3)
Financial performance, including demonstrated savings.
Added by Act 2017, No. 775,§ 1, eff. 3/31/2017.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 5 - SOCIAL SERVICES (§§ 20-76-101 — 20-86-113) › Chapter 77 - MEDICAL ASSISTANCE (§§ 20-77-101 — 20-77-2811) › Subchapter 27 - MEDICAID PROVIDER-LED ORGANIZED CARE ACT (§§ 20-77-2701 — 20-77-2708) › Section 20-77-2708 - Waiver and rulemaking authority

The Department of Human Services:
(1)
Shall submit an application for any federal waivers, federal authority, or state plan amendments necessary to implement this subchapter; and
(2)
May promulgate rules as necessary to implement this subchapter.
Added by Act 2017, No. 775,§ 1, eff. 3/31/2017.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 5 - SOCIAL SERVICES (§§ 20-76-101 — 20-86-113) › Chapter 77 - MEDICAL ASSISTANCE (§§ 20-77-101 — 20-77-2811) › Subchapter 28 - ASSESSMENT FEE AND PROGRAM ON MEDICAL TRANSPORTATION PROVIDERS (§§ 20-77-2801 — 20-77-2811) › Section 20-77-2801 - Legislative findings and intent

(a)
The General Assembly finds that:
(1)
Emergency medical services constitute an invaluable part of the healthcare delivery system of Arkansas;
(2)
Emergency medical services will be a key element in any healthcare reform initiative;
(3)
Emergency medical services are a key component of any economic development program as emergency medical services are essential to recruiting and retaining industry;
(4)
Emergency medical services are a critical element of the emergency preparedness system within Arkansas; and
(5)
While containing the cost of funding within the Arkansas Medicaid Program and providing healthcare services for the poor and uninsured individuals of this state are vital interests, the challenges associated with appropriate reimbursement for emergency medical services under the Arkansas Medicaid Program are recognized.
(b)
It is the intent of the General Assembly to assure appropriate reimbursement by establishing an assessment on emergency medical services to preserve vital emergency medical services for all residents of Arkansas.
Added by Act 2017, No. 969,§ 1, eff. 8/1/2017.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 5 - SOCIAL SERVICES (§§ 20-76-101 — 20-86-113) › Chapter 77 - MEDICAL ASSISTANCE (§§ 20-77-101 — 20-77-2811) › Subchapter 28 - ASSESSMENT FEE AND PROGRAM ON MEDICAL TRANSPORTATION PROVIDERS (§§ 20-77-2801 — 20-77-2811) › Section 20-77-2803 - Medical transportation provider assessment

(a)
(1)
Except as provided in this subchapter, an assessment is imposed on each medical transportation provider for each state fiscal year in an amount calculated as a percentage of the net operating revenues of the medical transportation provider.
(2)
The assessment rate shall be determined annually based upon the percentage of net operating revenue needed to generate an amount up to the nonfederal portion of the upper payment limit gap plus the annual fee to be paid to the Arkansas Medicaid Program under §
20-77-2805(f)(1)(C)
, but in no case at a rate that would cause the assessment proceeds to exceed the indirect guarantee threshold set forth in
42 C.F.R. § 433.68(f)(3)(i)
.
(3)
The assessment rate described in subsection (a) of this section shall be determined after consultation with The Arkansas Ambulance Association or its successor association.
(b)
This subchapter does not authorize a unit of county or local government to license for revenue or impose a tax or assessment:
(1)
Upon medical transportation providers; or
(2)
Measured by the income or earnings of a medical transportation provider.
Added by Act 2017, No. 969,§ 1, eff. 8/1/2017.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 5 - SOCIAL SERVICES (§§ 20-76-101 — 20-86-113) › Chapter 77 - MEDICAL ASSISTANCE (§§ 20-77-101 — 20-77-2811) › Subchapter 28 - ASSESSMENT FEE AND PROGRAM ON MEDICAL TRANSPORTATION PROVIDERS (§§ 20-77-2801 — 20-77-2811) › Section 20-77-2804 - Program administration

(a)
The Director of the Division of Medical Services of the Department of Human Services shall administer the assessment program created in this subchapter.
(b)
(1)
The Division of Medical Services of the Department of Human Services shall adopt rules to implement this subchapter.
(2)
Unless otherwise provided in this subchapter, the rules adopted under subdivision (b)(1) of this section shall not grant any exceptions to or exemptions from the medical transportation provider assessment imposed under §
20-77-2803
.
(3)
The rules adopted under subdivision (b)(1) of this section shall include any necessary forms for:
(A)
Calculating of upper payment limits;
(B)
Reporting of net operating revenue;
(C)
Imposing and collecting of the medical transportation provider assessment imposed under §
20-77-2803
; and
(D)
Enforcing this subchapter, including without limitation letters of caution or sanctions.
(4)
The rules adopted under subdivision (b)(1) of this section shall specify which time periods are used as the basis for the calculation of the assessment in each state fiscal year.
(c)
To the extent practicable, the division shall administer and enforce this subchapter and collect the assessments, interest, and penalty assessments imposed under this subchapter using procedures generally employed in the administration of the division's other powers, duties, and functions.
Added by Act 2017, No. 969,§ 1, eff. 8/1/2017.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 5 - SOCIAL SERVICES (§§ 20-76-101 — 20-86-113) › Chapter 77 - MEDICAL ASSISTANCE (§§ 20-77-101 — 20-77-2811) › Subchapter 28 - ASSESSMENT FEE AND PROGRAM ON MEDICAL TRANSPORTATION PROVIDERS (§§ 20-77-2801 — 20-77-2811) › Section 20-77-2805 - Medical Transportation Assessment Account

(a)
(1)
There is created within the Arkansas Medicaid Program Trust Fund a designated account known as the "Medical Transportation Assessment Account".
(2)
The medical transportation provider assessments imposed under §
20-77-2803
shall be deposited into the Medical Transportation Assessment Account.
(b)
Moneys in the Medical Transportation Assessment Account shall consist of:
(1)
All moneys collected or received by the Division of Medical Services of the Department of Human Services from medical transportation provider assessments imposed under §
20-77-2803
;
(2)
Any interest or penalties levied in conjunction with the administration of this subchapter; and
(3)
Any appropriations, transfers, donations, gifts, or moneys from other sources, as applicable.
(c)
The Medical Transportation Assessment 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.
(d)
Moneys in the Medical Transportation Assessment Account shall not be used to replace other general revenues appropriated and funded by the General Assembly or other revenues used to support Medicaid.
(e)
The Medical Transportation Assessment Account shall be exempt from budgetary cuts, reductions, or eliminations caused by a deficiency of general revenues.
(f)
(1)
Except as necessary to reimburse any funds borrowed to supplement funds in the Medical Transportation Assessment Account, the moneys in the Medical Transportation Assessment Account shall be used only as follows:
(A)
To make emergency medical transportation access payments under §
20-77-2809
;
(B)
To reimburse moneys collected by the division from medical transportation providers through error or mistake or under this subchapter; or
(C)
To pay an annual fee to the division in the amount of three and three-fourths percent (3.75%) of the assessments collected from medical transportation providers under §
20-77-2803
each state fiscal year.
(2)
(A)
The Medical Transportation Assessment Account shall retain account balances remaining each fiscal year.
(B)
At the end of each fiscal year, any positive balance remaining in the Medical Transportation Assessment Account shall be factored into the calculation of the new assessment rate by reducing the amount of medical transportation provider assessment funds that must be generated during the subsequent fiscal year.
(3)
A medical transportation provider shall not be guaranteed that its emergency medical transportation access payments will equal or exceed the amount of its medical transportation provider assessment.
Added by Act 2017, No. 969,§ 1, eff. 8/1/2017.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 5 - SOCIAL SERVICES (§§ 20-76-101 — 20-86-113) › Chapter 77 - MEDICAL ASSISTANCE (§§ 20-77-101 — 20-77-2811) › Subchapter 28 - ASSESSMENT FEE AND PROGRAM ON MEDICAL TRANSPORTATION PROVIDERS (§§ 20-77-2801 — 20-77-2811) › Section 20-77-2806 - Exemptions

(a)
The following medical transportation providers are exempt from the assessment imposed under §
20-77-2803
unless the exemption is adjudged to be unconstitutional or otherwise determined to be invalid:
(1)
Volunteer ambulance services;
(2)
Ambulance services owned by the state, county, or political subdivision;
(3)
Nonemergency ambulance services;
(4)
Air ambulance services; and
(5)
Specialty-hospital-based ambulance services.
(b)
If an exemption under subsection (a) of this section is adjudged to be unconstitutional or otherwise determined to be invalid, the applicable medical transportation provider shall pay the assessment imposed under §
20-77-2803
.
(c)
This subchapter does not:
(1)
Impact scheduled appointments of nonemergency transportation providers that are contracted with the Department of Human Services; or
(2)
Subject nonemergency transportation providers that are contracted with the department to any part of the upper payment limits or access payments.
Amended by Act 2021, No. 444,§ 2, eff. 3/24/2021.
Added by Act 2017, No. 969,§ 1, eff. 8/1/2017.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 5 - SOCIAL SERVICES (§§ 20-76-101 — 20-86-113) › Chapter 77 - MEDICAL ASSISTANCE (§§ 20-77-101 — 20-77-2811) › Subchapter 28 - ASSESSMENT FEE AND PROGRAM ON MEDICAL TRANSPORTATION PROVIDERS (§§ 20-77-2801 — 20-77-2811) › Section 20-77-2807 - Quarterly notice and collection

(a)
(1)
The annual medical transportation provider assessment imposed under §
20-77-2803
shall be due and payable on a quarterly basis.
(2)
However, an installment payment of an assessment imposed by §
20-77-2803
shall not be due and payable until:
(A)
The Division of Medical Services of the Department of Human Services issues the written notice required by §
20-77-2808(a)
stating that the payment methodologies to medical transportation providers required under §
20-77-2809
have been approved by the Centers for Medicare & Medicaid Services and the waiver under
42 C.F.R. § 433.68
for the assessment imposed by §
20-77-2803
, if necessary, has been granted by the Centers for Medicare & Medicaid Services;
(B)
The thirty-day verification period required by §
20-77-2808(b)
has expired; and
(C)
The division has made all quarterly installments of emergency medical transportation access payments that were otherwise due under §
20-77-2809
consistent with the effective date of the approved state plan amendment and waiver.
(3)
After the initial installment has been paid under this section, each subsequent quarterly installment payment of an assessment imposed by §
20-77-2803
shall be due and payable within ten (10) business days after the medical transportation provider has received its emergency medical transportation access payments due under §
20-77-2809
for the applicable quarter.
(b)
(1)
If a medical transportation provider fails to timely pay the full amount of a quarterly assessment, the division shall add to the assessment:
(A)
A penalty assessment equal to five percent (5%) of the quarterly amount not paid on or before the due date; and
(B)
On the last day of each quarter after the due date until the assessed amount and the penalty imposed under subdivision (b)(1)(A) of this section are paid in full, an additional five percent (5%) penalty assessment on any unpaid quarterly and unpaid penalty assessment amounts.
(2)
Payments shall be credited first to unpaid quarterly amounts, rather than to penalty or interest amounts, beginning with the most delinquent installment.
(3)
If the division is unable to recoup from Medicaid payments the full amount of any unpaid assessment or penalty assessment, or both, the division may file suit in a court of competent jurisdiction to collect up to double the amount due, the division's costs related to the suit, and reasonable attorney's fees.
Added by Act 2017, No. 969,§ 1, eff. 8/1/2017.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 5 - SOCIAL SERVICES (§§ 20-76-101 — 20-86-113) › Chapter 77 - MEDICAL ASSISTANCE (§§ 20-77-101 — 20-77-2811) › Subchapter 28 - ASSESSMENT FEE AND PROGRAM ON MEDICAL TRANSPORTATION PROVIDERS (§§ 20-77-2801 — 20-77-2811) › Section 20-77-2809 - Emergency medical transportation access payments

(a)
To preserve and improve access to medical transportation services, for medical transportation services rendered on or after July 1, 2017, the Division of Medical Services of the Department of Human Services shall make emergency medical transportation access payments as set forth in this section.
(b)
The division shall calculate the emergency medical transportation access payment amount as the balance of the Medical Transportation Assessment Account plus any federal matching funds earned on the balance, up to but not to exceed the upper payment limit gap for all medical transportation providers.
(c)
(1)
Except as provided in §
20-77-2806
, all medical transportation providers shall be eligible for emergency medical transportation access payments each state fiscal year as set forth in this subsection.
(2)
(A)
In addition to any other funds paid to medical transportation providers for emergency medical services to Medicaid patients, each eligible medical transportation provider shall receive emergency medical transportation access payments each state fiscal year equal to the medical transportation provider's proportionate share of the total upper payment limit gap for all providers of emergency medical services.
(B)
Emergency medical transportation access payments shall be made on a quarterly basis.
(C)
In addition to other rules as the division determines are necessary to implement emergency medical transportation access payments, the division may create separate levels of assessments and emergency medical transportation access payments for ambulance services and air ambulance services.
(d)
An emergency medical transportation access payment shall not be used to offset any other payment by Medicaid for emergency or nonemergency services to Medicaid beneficiaries.
Added by Act 2017, No. 969,§ 1, eff. 8/1/2017.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 5 - SOCIAL SERVICES (§§ 20-76-101 — 20-86-113) › Chapter 77 - MEDICAL ASSISTANCE (§§ 20-77-101 — 20-77-2811) › Subchapter 28 - ASSESSMENT FEE AND PROGRAM ON MEDICAL TRANSPORTATION PROVIDERS (§§ 20-77-2801 — 20-77-2811) › Section 20-77-2810 - Effectiveness - Cessation

(a)
The medical transportation provider assessment imposed under §
20-77-2803
shall cease to be imposed, the emergency medical transportation access payments made under §
20-77-2809
shall cease to be paid, and any moneys remaining in the Medical Transportation Assessment Account in the Arkansas Medicaid Program Trust Fund shall be refunded to medical transportation providers in proportion to the amounts paid by them if:
(1)
The Medical Transportation Assessment Account access payments required under §
20-77-2809
are changed or the assessments imposed under §
20-77-2803
are not eligible for federal matching funds under Title XIX of the Social Security Act,
42 U.S.C. § 1396
et seq., or Title XXI of the Social Security Act,
42 U.S.C. § 1397aa
et seq.; or
(2)
It is determined in the course of an administrative adjudication or in an action under §
25-15-207
that the Division of Medical Services of the Department of Human Services:
(A)
Established Medicaid medical transportation provider payment rates that include an offset, in whole or in part, for any emergency medical transportation access payments under §
20-77-2809
; or
(B)
Included the net effect of any emergency medical transportation access payment under §
20-77-2809
when considering whether Medicaid medical transportation provider payment rates are:
(i)
Consistent with efficiency, economy, and quality of care; and
(ii)
Sufficient to enlist enough providers so that Medicaid care and services are available at least to the extent that the care and services are available to the general population in the geographic area.
(b)
(1)
The medical transportation provider assessment imposed under §
20-77-2803
shall cease to be imposed and the emergency medical transportation access payments under §
20-77-2809
shall cease to be paid if the assessment is determined to be an impermissible tax under Title XIX of the Social Security Act,
42 U.S.C. § 1396
et seq.
(2)
Moneys in the Medical Transportation Assessment Account in the Arkansas Medicaid Program Trust Fund derived from assessments imposed before the determination described in subdivision (b)(1) of this section shall be disbursed under §
20-77-2809
to the extent federal matching is not reduced due to the impermissibility of the assessments, and any remaining moneys shall be refunded to medical transportation providers in proportion to the amounts paid by them.
Added by Act 2017, No. 969,§ 1, eff. 8/1/2017.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 5 - SOCIAL SERVICES (§§ 20-76-101 — 20-86-113) › Chapter 77 - MEDICAL ASSISTANCE (§§ 20-77-101 — 20-77-2811) › Subchapter 28 - ASSESSMENT FEE AND PROGRAM ON MEDICAL TRANSPORTATION PROVIDERS (§§ 20-77-2801 — 20-77-2811) › Section 20-77-2811 - State plan amendment

(a)
The Division of Medical Services of the Department of Human Services shall file with the Centers for Medicare & Medicaid Services a state plan amendment to implement the requirements of this subchapter, including the payment of emergency medical transportation access payments under §
20-77-2809
, no later than forty-five (45) days after June 15, 2017.
(b)
If the state plan amendment is not approved by the Centers for Medicare & Medicaid Services, the division shall:
(1)
Not implement the assessment imposed under §
20-77-2803
; and
(2)
Return any assessment fees to the medical transportation providers that paid the fees if assessment fees have been collected.
Added by Act 2017, No. 969,§ 1, eff. 8/1/2017.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 5 - SOCIAL SERVICES (§§ 20-76-101 — 20-86-113) › Chapter 78 - CHILD CARE (§§ 20-78-101 — 20-78-908) › Subchapter 1 - GENERAL PROVISIONS (§§ 20-78-101 — 20-78-108) › Section 20-78-101 - Family planning information for parents of children in state custody

(a)
The Department of Human Services shall provide informational materials, including, but not limited to, parenting, child abuse, substance abuse, sexual abuse, and family planning, to parents whose children have been placed in state custody.
(b)
This information shall be provided to both natural and adoptive parents and shall be provided within thirty (30) days of placing the child in state custody.
Acts 1999, No. 1240, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 5 - SOCIAL SERVICES (§§ 20-76-101 — 20-86-113) › Chapter 78 - CHILD CARE (§§ 20-78-101 — 20-78-908) › Subchapter 1 - GENERAL PROVISIONS (§§ 20-78-101 — 20-78-108) › Section 20-78-102 - Arkansas Children's Hospital - Annual report

In order to provide accountability to the citizens of Arkansas for funds appropriated to a private institution, Arkansas Children's Hospital shall file, annually, a certified annual financial and operations report with the Legislative Joint Auditing Committee and the Chief Fiscal Officer of the State.
Acts 1981, No. 204, § 2; 1983, No. 100, § 5; A.S.A. 1947, § 13-366.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 5 - SOCIAL SERVICES (§§ 20-76-101 — 20-86-113) › Chapter 78 - CHILD CARE (§§ 20-78-101 — 20-78-908) › Subchapter 1 - GENERAL PROVISIONS (§§ 20-78-101 — 20-78-108) › Section 20-78-103 - State or federal funds - Licensing requirements

(a)
The Department of Human Services shall not expend any state or federal funds for childcare services to any childcare facility unless that facility is licensed or approved by the Division of Child Care and Early Childhood Education of the Department of Human Services, or registered with the department except where care is provided by a relative in a setting otherwise exempt from licensure.
(b)
The provisions of this section shall not apply until January 1, 1992, to any facility which is currently exempt and which is providing childcare services to participants in the Project Success Program.
(c)
Before that time, such facilities may apply for licensure or become registered with the department.
(d)
After January 1, 1992, the facility must either be licensed or registered to qualify for state or federal funds.
Acts 1991, No. 657, §§ 1, 2.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 5 - SOCIAL SERVICES (§§ 20-76-101 — 20-86-113) › Chapter 78 - CHILD CARE (§§ 20-78-101 — 20-78-908) › Subchapter 1 - GENERAL PROVISIONS (§§ 20-78-101 — 20-78-108) › Section 20-78-104 - Child Health and Family Life Institute

(a)
(1)
The Child Health and Family Life Institute shall be administered under the direction of Arkansas Children's Hospital.
(2)
Arkansas Children's Hospital shall enter into a cooperative agreement or contract with the Department of Pediatrics of the University of Arkansas for Medical Sciences for services required in delivering the programs of the institute.
(3)
The KIDS FIRST Program, a component of the institute, shall receive priority consideration above all other programs of the institute when funding decisions are made by Arkansas Children's Hospital.
(4)
Arkansas Children's Hospital shall make quarterly reports to the Legislative Council on matters of funding, existing programs, and any new programs and services offered through the institute.
(b)
(1)
The Chancellor of the University of Arkansas for Medical Sciences shall designate an individual from the department who shall provide administrative oversight of the cooperative agreements or contract with Arkansas Children's Hospital in delivering the programs of the institute.
(2)
The department shall make every effort to advance the KIDS FIRST Program statewide.
(3)
The designated administrator from the department shall make quarterly reports to the chancellor and the Legislative Council on all matters of funding, existing programs, and services offered through the institute.
Acts 1995, No. 1099, § 27; 1995, No. 1198, § 96.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 5 - SOCIAL SERVICES (§§ 20-76-101 — 20-86-113) › Chapter 78 - CHILD CARE (§§ 20-78-101 — 20-78-908) › Subchapter 1 - GENERAL PROVISIONS (§§ 20-78-101 — 20-78-108) › Section 20-78-105 - Children's advocacy centers - Legislative intent

(a)
Currently, sexually abused children often have to describe their sexual abuse several times to different professionals at different locations. Many investigations are conducted with little collaboration between the agencies involved in the cases. Each agency's child abuse professionals are officed in a different facility, and interface during the investigation and management of cases is limited. Sexual abuse medical examinations are commonly performed in hospital emergency rooms and other sites that are frightening to children, lack the proper equipment, and often are staffed by physicians uncomfortable with these exams. It is the intent of the General Assembly to institute pilot programs to provide the services just described under one (1) roof and to provide a more child-friendly atmosphere, less trauma to the children and families, improved investigations and management, more effective utilization of multiagency information, greater protection of children, increased prosecution of perpetrators, and less unnecessary family intervention.
(b)
In order to accomplish these goals, the Department of Arkansas State Police is hereby authorized to utilize moneys appropriated for its maintenance and general operation to make grants to and to contract with children's advocacy centers for facilities and services.
(c)
(1)
The Arkansas Child Abuse/Rape/Domestic Violence Commission shall advise the Department of Arkansas State Police as to children's advocacy centers which qualify for grants or contracts from the Department of Arkansas State Police.
(2)
Qualified children's advocacy centers should:
(A)
Provide a child-friendly, comfortable place for interviewing children and families, examining the children, and initiating services;
(B)
Provide crisis intervention for the child and family as well as appropriate referrals for psychological treatment if not available on site; and
(C)
Provide offices for law enforcement, employees of the Department of Human Services, and healthcare professionals in order to deliver collaborative evaluations and services.
Acts 1999, No. 1575, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 5 - SOCIAL SERVICES (§§ 20-76-101 — 20-86-113) › Chapter 78 - CHILD CARE (§§ 20-78-101 — 20-78-908) › Subchapter 1 - GENERAL PROVISIONS (§§ 20-78-101 — 20-78-108) › Section 20-78-107 - Criminal background checks for employees of private businesses that provide short-term child care for patrons - Definition

(a)
A private business that provides short-term child care for its patrons shall perform a criminal history check with the Department of Arkansas State Police and a Child Maltreatment Central Registry check with the Department of Human Services for every employee that is employed in a capacity that directly or indirectly relates to providing care or supervision of any child.
(b)
Employees who have pleaded guilty or nolo contendere to or have been found guilty of an offense for which registration under the Sex Offender Registration Act of 1997, §
12-12-901
et seq., is required shall be prohibited from having any direct or indirect contact with or performing duties that directly or indirectly relate to providing care or supervision of a child who is in short-term child care provided by the private business for its patrons.
(c)
As used in this section, "short-term child care" means that:
(1)
The child does not receive care for more than:
(A)
Five (5) hours per day; or
(B)
Ten (10) hours per week;
(2)
A parent or guardian is on the premises or is otherwise easily accessible; and
(3)
The facility cares for five (5) children or less at one time.
Acts 2011, No. 1181, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 5 - SOCIAL SERVICES (§§ 20-76-101 — 20-86-113) › Chapter 78 - CHILD CARE (§§ 20-78-101 — 20-78-908) › Subchapter 1 - GENERAL PROVISIONS (§§ 20-78-101 — 20-78-108) › Section 20-78-108 - University of Arkansas for Medical Sciences - Building Effective Services for Trauma - Report

The University of Arkansas for Medical Sciences shall report quarterly each fiscal year to the Legislative Council on program activities and the expenditure of funds from the University of Arkansas for Medical Sciences Psychiatric Research Institute and Department of Pediatrics appropriation for Building Effective Services for Trauma programs provided to children and adolescents.
Added by Act 2019, No. 986,§ 47, eff. 7/1/2019.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 5 - SOCIAL SERVICES (§§ 20-76-101 — 20-86-113) › Chapter 78 - CHILD CARE (§§ 20-78-101 — 20-78-908) › Subchapter 2 - LICENSING OF FACILITIES (§§ 20-78-201 — 20-78-230) › Section 20-78-201 - Title

This subchapter shall be known and cited as the "Childcare Facility Licensing Act".
Acts 1969, No. 434, § 1; A.S.A. 1947, § 83-901.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 5 - SOCIAL SERVICES (§§ 20-76-101 — 20-86-113) › Chapter 78 - CHILD CARE (§§ 20-78-101 — 20-78-908) › Subchapter 2 - LICENSING OF FACILITIES (§§ 20-78-201 — 20-78-230) › Section 20-78-204 - Injunction

When any person, partnership, group, corporation, organization, or association shall operate or assist in the operation of a childcare facility which has not been licensed by the Division of Child Care and Early Childhood Education of the Department of Human Services or has had the license denied, suspended, or revoked and has been ordered to cease and desist operation, in accordance with the provisions of this subchapter, the division shall have the right to go into the circuit court in the jurisdiction in which the childcare facility is being operated and, upon affidavit, secure a writ of injunction, without bond, restraining and prohibiting the person, partnership, group, corporation, organization, or association from operating the childcare facility.
Acts 1969, No. 434, § 15; A.S.A. 1947, § 83-915; Acts 1989, No. 399, § 2; 1997, No. 1132, § 3; 1999, No. 1222, § 8.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 5 - SOCIAL SERVICES (§§ 20-76-101 — 20-86-113) › Chapter 78 - CHILD CARE (§§ 20-78-101 — 20-78-908) › Subchapter 2 - LICENSING OF FACILITIES (§§ 20-78-201 — 20-78-230) › Section 20-78-207 - Declaratory judgments on licensing rules

Any rule promulgated by the Division of Child Care and Early Childhood Education under authority of §
20-78-206
or under any other childcare facility licensing law shall, at the suit of any interested person instituted in the Pulaski County Circuit Court, be subject to remedies provided by law for obtaining declaratory judgments. However, the division must be named a party defendant and summoned as in an action by ordinary proceedings.
Amended by Act 2019, No. 315,§ 2281, eff. 7/24/2019.
Acts 1971, No. 715, § 1; A.S.A. 1947, § 83-917; Acts 1997, No. 1132, § 6.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 5 - SOCIAL SERVICES (§§ 20-76-101 — 20-86-113) › Chapter 78 - CHILD CARE (§§ 20-78-101 — 20-78-908) › Subchapter 2 - LICENSING OF FACILITIES (§§ 20-78-201 — 20-78-230) › Section 20-78-208 - Unlicensed childcare facility unlawful

(a)
It shall be unlawful for any person, partnership, group, corporation, organization, or association to operate or assist in the operation of a childcare facility which has not been licensed by the Division of Child Care and Early Childhood Education of the Department of Human Services.
(b)
It shall be unlawful for any person to falsify an application for licensure, to knowingly circumvent the authority of this subchapter to knowingly violate the orders issued by the division, or to advertise the provision of child care which is not licensed or approved or exempt by the division.
(c)
A violation of this section shall be a Class C misdemeanor.
Acts 1969, No. 434, § 3; A.S.A. 1947, § 83-903; Acts 1991, No. 888, § 3; 1997, No. 1132, § 7.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 5 - SOCIAL SERVICES (§§ 20-76-101 — 20-86-113) › Chapter 78 - CHILD CARE (§§ 20-78-101 — 20-78-908) › Subchapter 2 - LICENSING OF FACILITIES (§§ 20-78-201 — 20-78-230) › Section 20-78-210 - License - Application and issuance

(a)
Any person, partnership, group, corporation, organization, or association desiring to operate a childcare facility shall first make application for a license for a childcare facility to the Division of Child Care and Early Childhood Education on the application forms furnished for this purpose by the division.
(b)
The division shall act on any application within sixty (60) days after it has been received by the division.
(c)
If an applicant meets the requirements of this subchapter and the published rules of the division regarding minimum standards for a childcare facility, then the applicant shall be granted a license by the division as a childcare facility. This license shall continue in effect until revoked or suspended as provided in this subchapter.
(d)
In issuing a license for a childcare facility, the division may limit the number of children who may be served by that childcare facility.
(e)
In issuing an initial license or reviewing a current license for a childcare facility, the division shall require that during regular business hours at least one (1) adult member of the staff who is certified in infant and child cardiopulmonary resuscitation shall be present within the physical confines of the childcare facility.
Amended by Act 2019, No. 315,§ 2284, eff. 7/24/2019.
Acts 1969, No. 434, § 5; A.S.A. 1947, § 83-905; Acts 1991, No. 627, § 2; 1993, No. 493, § 1; 1997, No. 1132, § 9.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 5 - SOCIAL SERVICES (§§ 20-76-101 — 20-86-113) › Chapter 78 - CHILD CARE (§§ 20-78-101 — 20-78-908) › Subchapter 2 - LICENSING OF FACILITIES (§§ 20-78-201 — 20-78-230) › Section 20-78-211 - License - Provisional

(a)
If the Division of Child Care and Early Childhood Education finds that an applicant for a childcare facility meets the licensing requirements for a childcare facility in the main and has a reasonable expectation of correcting deficiencies in a reasonable time, then the division may, in its discretion, issue a provisional license for a childcare facility.
(b)
The provisional license shall be in effect for a reasonable time, which time shall be specified in the provisional license.
(c)
Issuance of provisional licenses shall be in accordance with the published rules adopted by the division in accordance with this subchapter.
Amended by Act 2019, No. 315,§ 2285, eff. 7/24/2019.
Acts 1969, No. 434, § 6; A.S.A. 1947, § 83-906; Acts 1997, No. 1132, § 10.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 5 - SOCIAL SERVICES (§§ 20-76-101 — 20-86-113) › Chapter 78 - CHILD CARE (§§ 20-78-101 — 20-78-908) › Subchapter 2 - LICENSING OF FACILITIES (§§ 20-78-201 — 20-78-230) › Section 20-78-212 - License - Nontransferability

(a)
A license for a childcare facility shall apply only to the address and location stated on the application and license issued, and it shall not be transferable from one holder of the license to another or from one (1) place to another.
(b)
If the location of a childcare facility is changed or the owner of the childcare facility is changed, then the license for that childcare facility shall automatically be revoked upon such a change.
Acts 1969, No. 434, § 7; A.S.A. 1947, § 83-907; Acts 1997, No. 1132, § 11.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 5 - SOCIAL SERVICES (§§ 20-76-101 — 20-86-113) › Chapter 78 - CHILD CARE (§§ 20-78-101 — 20-78-908) › Subchapter 2 - LICENSING OF FACILITIES (§§ 20-78-201 — 20-78-230) › Section 20-78-213 - License - Denial, revocation, or suspension

(a)
The Division of Child Care and Early Childhood Education shall have the power to deny, revoke, or suspend a license for a childcare facility if an applicant or licensee has failed to comply with the provisions of this subchapter or any published rule of the division, subject to appeal before the Child Care Appeal Review Panel.
(b)
If a license is denied, revoked, or suspended, the denial, revocation, or suspension shall be effective when made. The division shall notify the applicant or licensee of the action in writing and set out the basis for the denial, revocation, or suspension of the license.
Amended by Act 2019, No. 315,§ 2286, eff. 7/24/2019.
Acts 1969, No. 434, § 10; A.S.A. 1947, § 83-910; Acts 1997, No. 1132, § 12; 1999, No. 1222, § 12.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 5 - SOCIAL SERVICES (§§ 20-76-101 — 20-86-113) › Chapter 78 - CHILD CARE (§§ 20-78-101 — 20-78-908) › Subchapter 2 - LICENSING OF FACILITIES (§§ 20-78-201 — 20-78-230) › Section 20-78-214 - Inspections and investigations of childcare facilities and personnel - Child abuse

(a)
The Division of Child Care and Early Childhood Education or any other agency of the State of Arkansas which the division asks to assist it is authorized to make an inspection and investigation of any proposed or operating childcare facility and of any personnel connected with that childcare facility to the extent that an inspection and investigation is required to determine whether this childcare facility will be or is being operated in accordance with this section and with the published rules of the division for childcare facilities.
(b)
However, the division or any other public agency having authority or responsibility with respect to child abuse shall have the authority to investigate any alleged or suspected child abuse in any childcare facility. Nothing contained in this section shall be construed to limit or restrict that authority.
Amended by Act 2019, No. 315,§ 2287, eff. 7/24/2019.
Acts 1985, No. 697, § 1; A.S.A. 1947, § 83-908.1; Acts 1997, No. 1132, § 13.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 5 - SOCIAL SERVICES (§§ 20-76-101 — 20-86-113) › Chapter 78 - CHILD CARE (§§ 20-78-101 — 20-78-908) › Subchapter 2 - LICENSING OF FACILITIES (§§ 20-78-201 — 20-78-230) › Section 20-78-215 - Child sexual abuse - Federal funds - Legislative intent

(a)
(1)
By the enactment of this section, it is the specific intent of the General Assembly to ensure that the State of Arkansas may qualify for the maximum amount of federal funds made available through Pub. L. No. 98-473 or any subsequent and related federal legislation enacted for use in reducing the incidence of child sexual abuse.
(2)
Specifically, rules promulgated by the Secretary of the Department of Human Services pursuant to this section may address federally mandated requirements for employment history and background checks and nationwide criminal record checks, as may be necessary in accordance with the provisions of Pub. L. No. 92-544, for all operators, staff, or employees, or prospective operators, staff, or employees of the childcare facilities or programs as defined in this section.
(b)
In order to enable the State of Arkansas to fully participate and share in federal funds made available to the states through the Social Services Block Grant Act, or otherwise for the purposes of reducing and eliminating the incidence of child sexual abuse in childcare facilities, as defined in §
20-78-202(2)
, the secretary is authorized at his or her discretion to promulgate, pursuant to the Arkansas Administrative Procedure Act, §
25-15-201
et seq., rules implementing such federal requirements as may be placed upon the states to qualify for the funds.
(c)
Persons, other than the State of Arkansas, shall not acquire actionable right by virtue of this section.
Amended by Act 2019, No. 315,§ 2289, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 2288, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 5239, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 5238, eff. 7/1/2019.
Acts 1985, No. 1050, §§ 1-3; A.S.A. 1947, §§ 83-927 -- 83-929; Acts 1997, No. 1132, § 14.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 5 - SOCIAL SERVICES (§§ 20-76-101 — 20-86-113) › Chapter 78 - CHILD CARE (§§ 20-78-101 — 20-78-908) › Subchapter 2 - LICENSING OF FACILITIES (§§ 20-78-201 — 20-78-230) › Section 20-78-216 - Records and reports

The Division of Child Care and Early Childhood Education may by published rules require that a licensed childcare facility keep and make available to the division records and periodic reports as shall be necessary to assist the division in determining whether the requirements of this subchapter and of the division's rules regarding childcare facilities are being complied with.
Amended by Act 2019, No. 315,§ 2290, eff. 7/24/2019.
Acts 1969, No. 434, § 9; A.S.A. 1947, § 83-909; Acts 1997, No. 1132, § 15.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 5 - SOCIAL SERVICES (§§ 20-76-101 — 20-86-113) › Chapter 78 - CHILD CARE (§§ 20-78-101 — 20-78-908) › Subchapter 2 - LICENSING OF FACILITIES (§§ 20-78-201 — 20-78-230) › Section 20-78-217 - Smoking prohibited - Legislative intent

(a)
Whereas, health authorities have established that smoking is not conducive to good health and that children exposed to smoking face a potential health hazard, therefore, it is the intent of the Seventy-Fifth General Assembly to ban smoking in the physical confines of the day care centers licensed by the Division of Child Care and Early Childhood Education.
(b)
The division is directed to promulgate sufficient rules to ensure that state licensing requirements for day care center operations contain a stipulation which bans smoking within the physical confines of each day care center.
Amended by Act 2019, No. 315,§ 2291, eff. 7/24/2019.
Acts 1985, No. 862, §§ 1, 2; A.S.A. 1947, §§ 83-925, 83-926; Acts 1997, No. 1132, § 16.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 5 - SOCIAL SERVICES (§§ 20-76-101 — 20-86-113) › Chapter 78 - CHILD CARE (§§ 20-78-101 — 20-78-908) › Subchapter 2 - LICENSING OF FACILITIES (§§ 20-78-201 — 20-78-230) › Section 20-78-218 - Administration of subchapter

The Division of Child Care and Early Childhood Education shall continue to be the administrative agency to administer the provisions of this subchapter in accordance with the rules and standards for the licensing and operation of childcare facilities as promulgated by the division.
Amended by Act 2019, No. 315,§ 2292, eff. 7/24/2019.
Acts 1987, No. 856, § 1; 1997, No. 1132, § 17.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 5 - SOCIAL SERVICES (§§ 20-76-101 — 20-86-113) › Chapter 78 - CHILD CARE (§§ 20-78-101 — 20-78-908) › Subchapter 2 - LICENSING OF FACILITIES (§§ 20-78-201 — 20-78-230) › Section 20-78-219 - Fines and penalties - Disposition of funds

(a)
If any licensee fails to pay any monetary fine imposed as a civil penalty within sixty (60) days of the Division of Child Care and Early Childhood Education's decision imposing the penalty, the amount of the fine shall be considered to be a debt owed the State of Arkansas and may be collected by civil action.
(b)
(1)
All fines and penalties collected under the provisions of this subchapter shall be special revenues to be deposited into the State Treasury to the credit of a special fund to be known as the "Child Care Fund", to be used by the division to meet the costs of conducting the statewide criminal records checks required under §
20-78-606
or to provide grants to childcare facilities for enhancement of the childcare facility or for training of personnel in childcare facilities under the direction of the division.
(2)
Subject to those rules as may be implemented by the Chief Fiscal Officer of the State, the disbursing officer for the Department of Human Services is authorized to transfer all unexpended funds relative to the fines and penalties collected from childcare facilities as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for expenditures for the same purpose for any following fiscal year.
Amended by Act 2019, No. 315,§ 2293, eff. 7/24/2019.
Acts 1987, No. 856, § 1; 1997, No. 1132, § 18; 2009, No. 762, § 9.