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20-8-109. Approval of new projects — Repeal of Acts 1975, No. 558, § 5 — Transfer of duties — Definition.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-8-109. Approval of new projects — Repeal of Acts 1975, No. 558, § 5 — Transfer of duties — Definition.
(a) All projects requiring approval under the Certificate of Need Program as established by Acts 1975, No. 558, § 5 [repealed], except freestanding radiation therapy centers, shall not be instituted or commenced after April 4, 1987, except upon application for and receipt of approval from the Health Services Permit Agency utilizing the same criteria and procedures in existence before April 4, 1987.
(b) As used in this section, “commence construction” means the approval of project financing or the actual movement onto the site of building materials and equipment by the principal contractor.
(c) Two hundred ten (210) days after April 4, 1987, Acts 1975, No. 558, § 5, as amended, is repealed. On and after the two hundred eleventh day following April 4, 1987, all projects requiring approval under § 20-8-107 shall not be instituted or commenced except upon application for and receipt of a permit of approval as set forth in this subchapter, and, during this period of time, all duties and responsibilities of the State Health Planning and Development Agency and the Statewide Health Coordinating Council are transferred to the Health Services Permit Agency established under this subchapter. Any project not requiring approval under this subchapter, even though covered under Acts 1975, No. 558, § 5 [repealed], may be commenced after April 4, 1987.
(d)(1) The Health Services Permit Agency shall process all applications or certificates of need for intermediate care facilities for individuals with intellectual or other developmental disabilities with fifteen (15) or fewer beds that were pending on April 4, 1987, and shall for a period of thirty (30) days after April 4, 198
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-8-109
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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Stable record: arkansas_code:legal_authorities:20-8-109
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: a5033fa19244d85328df13e04f684a0b540ab9100fd5ff7319d7026c0593ef6f
Source location: content.xml paragraph 2644
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20-8-109. Approval of new projects — Repeal of Acts 1975, No. 558, § 5 — Transfer of duties — Definition.
(a) All projects requiring approval under the Certificate of Need Program as established by Acts 1975, No. 558, § 5 [repealed], except freestanding radiation therapy centers, shall not be instituted or commenced after April 4, 1987, except upon application for and receipt of approval from the Health Services Permit Agency utilizing the same criteria and procedures in existence before April 4, 1987.
(b) As used in this section, “commence construction” means the approval of project financing or the actual movement onto the site of building materials and equipment by the principal contractor.
(c) Two hundred ten (210) days after April 4, 1987, Acts 1975, No. 558, § 5, as amended, is repealed. On and after the two hundred eleventh day following April 4, 1987, all projects requiring approval under § 20-8-107 shall not be instituted or commenced except upon application for and receipt of a permit of approval as set forth in this subchapter, and, during this period of time, all duties and responsibilities of the State Health Planning and Development Agency and the Statewide Health Coordinating Council are transferred to the Health Services Permit Agency established under this subchapter. Any project not requiring approval under this subchapter, even though covered under Acts 1975, No. 558, § 5 [repealed], may be commenced after April 4, 1987.
(d)(1) The Health Services Permit Agency shall process all applications or certificates of need for intermediate care facilities for individuals with intellectual or other developmental disabilities with fifteen (15) or fewer beds that were pending on April 4, 1987, and shall for a period of thirty (30) days after April 4, 1987, accept additional applications for such facilities.
(2) The applications shall be processed utilizing the criteria and procedures in existence before April 4, 1987, and in addition the Health Services Permit Agency shall consider as a primary factor the experience of each applicant in serving individuals with intellectual or other developmental disabilities.
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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. The source passage cites 20-8-107. This identifies an authority to review, not proof of applicability.