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20-8-107. Expansion of facilities or services.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-8-107. Expansion of facilities or services.
(a) Unless otherwise provided in this subchapter, all health facilities seeking to add new beds or home health services or to expand existing bed capacity or home health services shall apply for a permit approving additional beds or services or expanded bed capacity or services pursuant to procedures and criteria promulgated by the Health Services Permit Commission.
(b) The commission may authorize the Health Services Permit Agency to enjoin construction or expansion of existing facilities of any project commenced in violation of this subchapter through an action filed in the circuit court of the judicial district in which the project is located.
(c) In no event shall the requirements of this subchapter apply to any facility licensed or approved as of March 1, 2003, by the Child Welfare Agency Review Board pursuant to the Child Welfare Agency Licensing Act, § 9-28-401 et seq., and as specifically exempted by § 9-28-407(a)(3).
(d) Beginning July 1, 2005, the Health Services Permit Agency may not accept applications or requests for permits of approval to add new beds or to expand existing bed capacity of residential care facilities.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-8-107
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:20-8-107
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 710e4233ddefb63fbcda9127edc3086b82bac9bb91d5a25795fa37e3a9f09f71
Source location: content.xml paragraph 2628
Stored source content
20-8-107. Expansion of facilities or services.
(a) Unless otherwise provided in this subchapter, all health facilities seeking to add new beds or home health services or to expand existing bed capacity or home health services shall apply for a permit approving additional beds or services or expanded bed capacity or services pursuant to procedures and criteria promulgated by the Health Services Permit Commission.
(b) The commission may authorize the Health Services Permit Agency to enjoin construction or expansion of existing facilities of any project commenced in violation of this subchapter through an action filed in the circuit court of the judicial district in which the project is located.
(c) In no event shall the requirements of this subchapter apply to any facility licensed or approved as of March 1, 2003, by the Child Welfare Agency Review Board pursuant to the Child Welfare Agency Licensing Act, § 9-28-401 et seq., and as specifically exempted by § 9-28-407(a)(3).
(d) Beginning July 1, 2005, the Health Services Permit Agency may not accept applications or requests for permits of approval to add new beds or to expand existing bed capacity of residential care facilities.
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Arkansas Code — all titles (historical 2020) · legal_authorities
9-28-401. Short title.
This subchapter shall be known as the “Child Welfare Agency Licensing Act”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-28-401
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 9-28-401. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
9-28-407. Licenses required and issued.
(a)(1) It shall be unlawful for any person, partnership, group, corporation, association, or other entity or identifiable group of entities having a coordinated ownership of controlling interest to operate or assist in the operation of a child welfare agency that has not been licensed by the Child Welfare Agency Review Board from licensing pursuant to this subchapter.
(2) This license shall be required in addition to any other license required by law for all entities that fit the definition of a child welfare agency and are not specifically exempted, except that no nonpsychiatric residential treatment facility or agency licensed or exempted pursuant to this subchapter shall be deemed to fall within the meaning of § 20-10-101 for any purpose.
(3) Any child welfare agency capacity licensed or permitted by the board as of March 1, 2003, whether held by the original licensee or by a successor in interest to the original licensee, is exempted from:
(A) Obtaining any license or permit from the Office of Long-Term Care;
(B) Obtaining any permit from the Health Services Permit Agency or the Health Services Permit Commission to operate at the capacity licensed by the board as of March 1, 2003; and
(C) Obtaining any permit from the Health Services Permit Agency or the Health Services Permit Commission to operate at any future expanded capacity serving only non-Arkansas residents unless a permit is required by federal law or regulation.
(4) Any further expansion of capacity by a licensee of the board shall require a license or permit from the Office of Long-Term Care and the Health Services Permit Agency unless the bed expansion is exempted under subdivisions (a)(3)(A)-(C) of this section.
(5)(A) Subdivisions (a)(3) and (4)
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-28-407
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 9-28-407. This identifies an authority to review, not proof of applicability.