Browse Arkansas Code titles and sections
23-79-115. Entitlement notwithstanding policy provisions — Services performed by outpatient centers.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-79-115. Entitlement notwithstanding policy provisions — Services performed by outpatient centers.
(a)(1) Notwithstanding any provisions of any individual or group accident and health insurance policy, or any provision of a policy, contract, plan, or agreement covering hospital or medical services, in cases in which the policy, contract, plan, or agreement provides for payment or reimbursement for any healthcare service provided by hospitals or related facilities as defined in § 20-9-201 or § 20-10-213, the person entitled to payment or reimbursement for services under the policy, contract, plan, or agreement is entitled to payment or reimbursement on an equal basis for the service when the service is provided by facilities licensed as outpatient surgery centers under §§ 20-9-214 and 20-9-215.
(2) This subsection applies to insurance policies and hospital service corporation contracts that are delivered or issued for delivery in this state more than one hundred twenty (120) days after July 6, 1977, and to such other contracts, plans, or agreements that are entered into or effectuated in this state more than one hundred twenty (120) days after July 6, 1977.
(b)(1) Notwithstanding any provisions of any individual or group accident and health insurance policy, or any provision of a policy, contract, plan, or agreement covering hospital or medical services, in cases in which the policy, contract, plan, or agreement provides for payment or reimbursement for any healthcare service provided by hospitals or related facilities as defined in § 20-9-201 or § 20-10-213, the person entitled to payment or reimbursement or services under the policy, contract, plan, or agreement is entitled to payment or reimbursement on an equal basis for the service when the service is provid
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-79-115
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:23-79-115
Source file: gov.ar.code.title.23.odt
Pages: Not recorded – Not recorded
Passage SHA-256: db1a026455f2a722bee376d2df3d333679d6f05d5e5d0cec919fbb4a7c692a7c
Source location: content.xml paragraph 45164
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23-79-115. Entitlement notwithstanding policy provisions — Services performed by outpatient centers.
(a)(1) Notwithstanding any provisions of any individual or group accident and health insurance policy, or any provision of a policy, contract, plan, or agreement covering hospital or medical services, in cases in which the policy, contract, plan, or agreement provides for payment or reimbursement for any healthcare service provided by hospitals or related facilities as defined in § 20-9-201 or § 20-10-213, the person entitled to payment or reimbursement for services under the policy, contract, plan, or agreement is entitled to payment or reimbursement on an equal basis for the service when the service is provided by facilities licensed as outpatient surgery centers under §§ 20-9-214 and 20-9-215.
(2) This subsection applies to insurance policies and hospital service corporation contracts that are delivered or issued for delivery in this state more than one hundred twenty (120) days after July 6, 1977, and to such other contracts, plans, or agreements that are entered into or effectuated in this state more than one hundred twenty (120) days after July 6, 1977.
(b)(1) Notwithstanding any provisions of any individual or group accident and health insurance policy, or any provision of a policy, contract, plan, or agreement covering hospital or medical services, in cases in which the policy, contract, plan, or agreement provides for payment or reimbursement for any healthcare service provided by hospitals or related facilities as defined in § 20-9-201 or § 20-10-213, the person entitled to payment or reimbursement or services under the policy, contract, plan, or agreement is entitled to payment or reimbursement on an equal basis for the service when the service is provided by facilities licensed as outpatient psychiatric centers under §§ 20-9-214 and 20-9-215.
(2) This subsection applies to insurance policies and hospital service corporation contracts that are delivered or issued for delivery in this state more than one hundred twenty (120) days after July 20, 1979, and to such other contracts, plans, or agreements that are entered into or effectuated in this state more than one hundred twenty (120) days after July 20, 1979.
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Arkansas Code — all titles (historical 2020) · legal_authorities
20-10-213. Definitions for §§ 20-10-213 — 20-10-228.
As used in this section and §§ 20-10-214 — 20-10-228:
(1) “Department” means the Department of Human Services;
(2) “Director” means the Director of the Office of Long-Term Care;
(3) “Federal act” means the Hospital Survey and Construction Act, Pub. L. No. 79-725, as amended;
(4)(A)(i) “Institution” means a place for the diagnosis, treatment, or care of two (2) or more persons not related to the proprietor’s suffering from illness, injury, or deformity or where obstetrical care or care of the aged, blind, or disabled is rendered over a period exceeding twenty-four (24) hours.
(ii) “Institution” also includes an outpatient surgery center and an alcohol and drug abuse treatment center.
(B) No establishment operated by the United States Government or an agency thereof is within this definition;
(5)(A) “Long-term care facility” means any building, structure, agency, institution, or other place for the reception, accommodation, board, care, or treatment of more than three (3) unrelated individuals who because of age, illness, blindness, disease, or physical or mental infirmity are unable to sufficiently or properly care for themselves and where a charge is made for that reception, accommodation, board, care, or treatment.
(B) “Long-term care facility” does not include:
(i) The offices of private physicians and surgeons;
(ii) Hospitals;
(iii) Recuperation centers;
(iv) Supervised or supported living apartments, group homes, family homes, or developmental day treatment clinics for individuals with developmental disabilities operated by providers licensed by the Division of Developmental Disabilities Services of the Department of Human Services;
(v) Institutions operated by the United States Governme
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-10-213
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 20-10-213. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-9-201. Definitions.
As used in this subchapter:
(1) “Administrator” means the chief administrative officer in the Division of Health Facilities Services;
(2) “Alcohol and drug abuse inpatient treatment center” means a distinct unit within a hospital facility in which services are provided for the diagnosis, treatment, and rehabilitation of alcohol and drug abuse;
(3) “Federal act” means the Hospital Survey and Construction Act, Pub. L. No. 79-725;
(4)(A) “Hospital” means a public health center, a general, tuberculosis, mental, or chronic disease hospital, or a related facility such as a laboratory, outpatient department, nurses home or training facility, or a central service facility operated in connection with a hospital.
(B) “Hospital” does not include an establishment:
(i) Furnishing primarily domiciliary care; or
(ii) Licensed or certified by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services as an alcohol and drug abuse inpatient treatment center;
(5)(A) “Institution” means a place for the diagnosis, treatment, or care of two (2) or more persons not related to the proprietor, suffering from illness, injury, or deformity, or where obstetrical care or care of the aged, blind, or disabled is rendered over a period exceeding twenty-four (24) hours.
(B) “Institution” also includes an outpatient surgery center, outpatient psychiatric center, and infirmary.
(C) “Institution” does not include an establishment:
(i) Operated by the United States Government or by any of its agencies; or
(ii) Licensed or certified by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services as an alcohol and drug abuse inpatient treatment center;
(6) “Medical facility” means a dia
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-9-201
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 20-9-201. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-9-214. Issuance of license — Fees.
(a) The State Board of Health shall issue licenses for the operation of institutions, subject to this subchapter, when the institutions are found to comply with the provisions of this subchapter and such rules as are lawfully promulgated by the Department of Health.
(b) The Department of Health may levy and collect the following annual fees for issuance of an annual license to hospitals or institutions:
Per facility FY '98 FY '99 (unless otherwise noted) (1) Hospitals (per bed) $ 4.00 $ 6.00 (2) Ambulatory Surgery Center 1,000.00 1,000.00 (3) Hospital-Based Recuperation Center 160.00 275.00 (4) Freestanding Recuperation Center 2,000.00 2,000.00 (5) Hospital-Based Alcohol/Drug Unit 60.00 75.00 (6) Freestanding Alcohol/Drug Unit 1,000.00 1,000.00 (7) Hospital-Based Outpatient Psychiatric Center 60.00 75.00 (8) Freestanding Outpatient Psychiatric Center 1,000.00 1,000.00 (9) Infirmary 100.00 100.00 (10) Reissuance of license due to name/address change 100.00 100.00
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(c)(1) Applicants for license shall file applications under oath with the Department of Health upon forms prescribed by the Department of Health and shall pay an annual license fee as set forth in subsection (b) of this section, which shall be paid into the State Treasury or refunded to the applicant if a license is denied.
(2)(A) The application shall be signed by the owner, if an individual or partnership, in the case of a corporation by two (2) of its officers, or in the case of a governmental unit by the head of the governmental department having jurisdiction over it.
(B) Applications shall set forth the full name and address of the institution for which the license is sought and such additional information as the Department of Health ma
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-9-214
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 20-9-214. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-9-215. License — Denial, suspension, and revocation.
(a) The State Board of Health is empowered to deny, suspend, or revoke licenses on any of the following grounds:
(1) Violation of any of the provisions of this subchapter or the rules lawfully promulgated under this subchapter; or
(2) Permitting, aiding, or abetting the commission of any unlawful act in connection with the operation of the institutions.
(b)(1) If the Department of Health determines to deny, suspend, or revoke a license, it shall send to the applicant or licensee, by certified mail, a notice setting forth the particular reasons for the determination.
(2) The denial, suspension, or revocation shall become final thirty (30) days after the mailing of the notice unless the applicant or licensee gives written notice within the thirty-day period of a desire for hearing.
(c) Thereupon, the applicant or licensee shall be given a fair hearing and shall have the right to present such evidence as may be proper.
(d)(1) On the basis of the evidence at the hearing, the determination involved shall be affirmed or set aside.
(2) A copy of the decision, setting forth the finding of facts and the particular grounds upon which it is based, shall be sent by certified mail to the applicant or licensee.
(3) The decision shall become final fifteen (15) days after it is mailed unless the applicant or licensee, within the fifteen-day period, appeals the decision to the court under § 20-9-216.
(e) A full and complete record of all proceedings shall be kept and all testimony shall be reported, but it need not be transcribed unless the decision is appealed pursuant to § 20-9-216 or a transcript is requested by an interested party who shall pay the cost of preparing the transcript.
(f) Witnesses may be sub
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-9-215
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 20-9-215. This identifies an authority to review, not proof of applicability.