ArkansasHB16532025 Regular SessionHouse

TO SET STANDARDS FOR LICENSING AND REGULATION OF PSYCHIATRIC RESIDENTIAL TREATMENT FACILITIES; AND TO DECLARE AN EMERGENCY.

Sponsored By: Frances Cavenaugh (Republican), Missy Irvin (Republican)

Enacted

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Bill Overview

Analyzed Economic Effects

7 provisions identified: 2 benefits, 3 costs, 2 mixed.

Stronger psychiatric care standards for children

These standalone, nonhospital facilities must have an Arkansas Medicaid agreement for inpatient care for people under 21. They need recognized accreditation and must attest to meeting federal safety and care-need standards as they existed January 1, 2025. State reviews cover every resident, regardless of home state or payment source. An independent team including a physician must confirm that community care is inadequate and inpatient care is necessary. Physician-directed care must be expected to improve the resident's condition or prevent further decline. Each resident needs a diagnosis-based care plan developed with family or other caregivers, updated as needs change, and addressing education and care after discharge. Facilities must visibly post licenses showing the operator, facility, license dates and type, allowed ages, child limit, status, and special conditions.

Limits on children's psychiatric treatment admissions

A licensed and permitted psychiatric residential treatment facility can admit a child only through one of six categories. The child or a parent must live in Arkansas, or another state's child welfare agency must arrange the placement. Payment by another state's Medicaid program also qualifies, as does having an active-duty service member or veteran parent. A nonresident human-trafficking victim qualifies when the facility is responsible for returning the child to an out-of-state custodian. Children outside these categories cannot be admitted under this rule.

More psychiatric beds with expansion limits

Arkansas allows up to 900 additional children's psychiatric treatment beds through a limited exception to its bed freeze. Eligible beds were either licensed by the child welfare board before this provision took effect but not yet permitted, or fully built and usable by January 1, 2025. Beds serving Arkansas children and out-of-state children both count toward capacity. All new construction and renovations costing more than $250,000 need prior state approval. Any increase or decrease in authorized beds needs Legislative Council approval before a permit or license is issued.

More residents get personal money protections

Psychiatric residential treatment facilities now fall under the relevant long-term-care rules. Residents of these facilities and assisted living facilities receive the personal-money protections included in those rules. This change protects residents' own funds; it does not create a new cash benefit.

Annual renewal rules for care administrators

Long-term-care administrators other than nursing home administrators must renew by January 1 each year and document required continuing education. Late or incomplete renewal makes them ineligible to serve and suspends their license on January 2. A license not renewed by March 1 expires March 2. A renewal received or postmarked after January 1 is considered only after all legal and rule requirements are met. Active nursing home administrators renew annually by July 1, pay $100, and document required continuing education; those not actively employed pay $50.

Stricter licensing for psychiatric treatment operators

Operators must get a state health-services permit before an Office of Long-Term Care license; adding beds requires both approvals. Licensed capacity counts both Arkansas and out-of-state clients, and inpatient psychiatric facilities cannot use a residential childcare license. The state must end a license after 12 consecutive months without operation. It can also revoke, suspend, or terminate a license after six consecutive months without operation or substantial compliance. Falsifying applications, knowingly bypassing the law, knowingly violating department orders, or advertising these inpatient services without a license is a Class D felony.

Changed licensing exemptions for child-care providers

The law removes listed child welfare licensing exemptions for acute-care hospitals, human development centers, and certain licensed community family homes. It also removes exemptions for the Division of Developmental Disabilities Services and developmental-disability waiver providers. These entities need licensing if they meet the child welfare agency definition and no other exemption applies. However, an entity is excluded from this licensing framework if it meets the child welfare or exempt-agency definition, has DHS or Health Department licensing or certification, and is enrolled in Arkansas Medicaid.

Sponsors & Cosponsors

Sponsors

  • Frances Cavenaugh

    Republican • House

  • Missy Irvin

    Republican • Senate

Cosponsors

  • Jeremy Wooldridge

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 129 • No: 0

Senate vote • 4/9/2025

Senate Vote - Wednesday, April 9, 2025 6:33:05 PM

Yes: 34 • No: 0

House vote • 4/2/2025

House Vote - Wednesday, April 2, 2025 2:28:47 PM

Yes: 95 • No: 0 • Other: 2

Actions Timeline

  1. Notification that HB1653 is now Act 636

    4/16/2025House
  2. Correctly enrolled and ordered transmitted to the Governor's Office.

    4/10/2025House
  3. TO BE ENROLLED

    4/9/2025House
  4. Returned from the Senate as passed.

    4/9/2025House
  5. Returned to the House as passed.

    4/9/2025Senate
  6. EMERGENCY CLAUSE ADOPTED

    4/9/2025Senate
  7. Read the third time and passed.

    4/9/2025Senate
  8. Returned by the Committee, with the recommendation that it Do Pass

    4/7/2025Senate
  9. Read first time, rules suspended, read second time, referred to PUBLIC HEALTH, WELFARE AND LABOR COMMITTEE - SENATE

    4/2/2025Senate
  10. Received from the House.

    4/2/2025Senate
  11. EMERGENCY CLAUSE ADOPTED

    4/2/2025House
  12. Read the third time and passed and ordered transmitted to the Senate.

    4/2/2025House
  13. Returned by the Committee Do Pass

    4/1/2025House
  14. REPORTED CORRECTLY ENGROSSED

    3/31/2025House
  15. Amendment No. 2 read and adopted and the bill ordered engrossed.

    3/31/2025House
  16. Placed on second reading for the purpose of amendment.

    3/31/2025House
  17. REPORTED CORRECTLY ENGROSSED

    3/5/2025House
  18. Amendment No. 1 read and adopted and the bill ordered engrossed.

    3/5/2025House
  19. Placed on second reading for the purpose of amendment.

    3/5/2025House
  20. Read the first time, rules suspended, read the second time and referred to the Committee on PUBLIC HEALTH, WELFARE AND LABOR COMMITTEE- HOUSE

    3/4/2025House
  21. Filed

    3/4/2025House

Bill Text

  • HB1653 - Introduced

    3/4/2025

  • Act Version

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