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20-47-301. Legislative findings and intent.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-47-301. Legislative findings and intent.
(a)(1) The General Assembly recognizes that the state encouraged the placement of mentally ill residents into residential care facilities over a decade ago and has taken various approaches to funding since then. The General Assembly also recognizes that there are inherent problems with the current system that create disincentives for proper care and physical environments.
(2) The General Assembly further recognizes that:
(A) Individuals with developmental disabilities living in group homes, community residential housing, and apartments operated by nonprofit community programs as defined in § 20-48-101 face many of the same challenges in receiving proper care and assistance with activities of daily living as individuals with mental illness living in residential care facilities;
(B) An individual with mental illness who is Medicaid-eligible and lives in a residential care facility can receive Medicaid congregate-setting personal care services to assist with activities of daily living while an individual with developmental disabilities who is Medicaid-eligible and lives in a group home, community residential housing, or apartment operated by a nonprofit community program as defined in § 20-48-101 is not able to receive similar services through the Medicaid Personal Care Program; and
(C) This inequity must be corrected in order to provide equal access to Medicaid congregate-setting personal care services for individuals with developmental disabilities.
(b) The purpose of this subchapter is to provide short-term solutions and long-term solutions to the problem of caring for individuals with mental illness, elderly persons, and other residents in residential care facilities and assisted living facilities and individuals
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-47-301
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:20-47-301
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: abbaee157378d245631cf48fc8b4ab298c975ac4c56ebb69465c9c0d3558457b
Source location: content.xml paragraph 27197
Stored source content
20-47-301. Legislative findings and intent.
(a)(1) The General Assembly recognizes that the state encouraged the placement of mentally ill residents into residential care facilities over a decade ago and has taken various approaches to funding since then. The General Assembly also recognizes that there are inherent problems with the current system that create disincentives for proper care and physical environments.
(2) The General Assembly further recognizes that:
(A) Individuals with developmental disabilities living in group homes, community residential housing, and apartments operated by nonprofit community programs as defined in § 20-48-101 face many of the same challenges in receiving proper care and assistance with activities of daily living as individuals with mental illness living in residential care facilities;
(B) An individual with mental illness who is Medicaid-eligible and lives in a residential care facility can receive Medicaid congregate-setting personal care services to assist with activities of daily living while an individual with developmental disabilities who is Medicaid-eligible and lives in a group home, community residential housing, or apartment operated by a nonprofit community program as defined in § 20-48-101 is not able to receive similar services through the Medicaid Personal Care Program; and
(C) This inequity must be corrected in order to provide equal access to Medicaid congregate-setting personal care services for individuals with developmental disabilities.
(b) The purpose of this subchapter is to provide short-term solutions and long-term solutions to the problem of caring for individuals with mental illness, elderly persons, and other residents in residential care facilities and assisted living facilities and individuals with developmental disabilities living in group homes, community residential housing, and apartments operated by nonprofit community programs as defined in § 20-48-101.
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Arkansas Code — all titles (historical 2020) · legal_authorities
20-48-101. Definitions.
As used in this chapter:
(1)(A) “Accredited nonprofit entity” means a nonprofit entity that:
(i) Has successfully completed an ongoing accreditation process that is related to the delivery of services to adults with developmental disabilities and is offered by a national accrediting organization;
(ii) Satisfies the appropriate licensure criteria established by the Division of Developmental Disabilities Services; and
(iii) Is positioned to provide nonresidential services to adults with developmental disabilities upon licensure by the division when no existing nonprofit community program is interested in providing the specific category of nonresidential services to adults with developmental disabilities that have been identified by the division as underserved.
(B) As used in subdivision (1)(A)(i) of this section, “national accrediting organization” includes without limitation:
(i) The CARF International; or
(ii) Any other similar national accrediting organization recognized by the division;
(2) “Existing operations” means the provision by a qualified community provider of one (1) or more of the following services without regard to order:
(A) A licensed early intervention day treatment program or adult developmental day treatment program;
(B) A licensed developmental disability services group home in operation and recognized by the division on or before July 1, 1995;
(C) An intermediate care facility for individuals with intellectual disabilities that has fifteen (15) beds or fewer; or
(D) An apartment complex in operation and serving individuals with developmental disabilities on or before January 1, 2008;
(3) “Human development center” means an institution maintained for the care and training of persons with developmenta
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-48-101
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 20-48-101. This identifies an authority to review, not proof of applicability.