ArkansasHB17842025 Regular SessionHouse

TO MODIFY THE INFORMAL DISPUTE RESOLUTION PROCESS FOR LONG-TERM CARE FACILITIES.

Sponsored By: Missy Irvin (Republican), Jeff Wardlaw (Republican)

Enacted

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 2 benefits, 0 costs, 1 mixed.

Broader hearing rights for care facilities

Arkansas long-term care facilities can bring employees, attending physicians, medical directors, and facility consultants to dispute hearings. Other medical providers and pharmacists must have served residents when the cited deficiency occurred. Parties can have attorneys, but only department employees can participate on behalf of the Department of Human Services. The department gives a detailed opening argument unless the facility chooses a different order. Authorized participants can directly question opposing participants during rebuttal. The decision maker sets presentation times and rebuttal order with party input, and can grant equal extra time for good cause. Hearings remain limited to cited deficiencies, but can address scope, severity, remedies, survey steps, inconsistent citations, and dispute-process problems. Formal evidence rules generally do not apply; the decision maker can reject irrelevant material and must exclude documents about matters outside the hearing’s scope. The decision maker can take written or recorded notes; the supplied descriptions conflict on whether hearings themselves can be recorded.

Care hearing reports guide staff oversight

Arkansas’s Department of Human Services must make quarterly reports available covering facility dispute hearings from the previous quarter. Reports must show how many hearings occurred and how many were decided for the state or facility. Results must be grouped by deficiency, scope, and severity. The department must review patterns, evaluate training and employee performance, and decide which individuals or groups need remedial training.

Faster, final decisions for care facilities

The decision maker must issue written findings within 7 calendar days after a facility’s dispute hearing. Findings must identify each disputed deficiency by tag number, recommend keeping, removing, or changing it, and explain the facts. Arkansas’s Office of Long-Term Care must issue its decision within 7 calendar days after those findings. It must accept, reject, or change each finding and explain rejections or changes. Both documents must reach the facility at least 10 days before its federal hearing-request deadline in the CMS notice letter. The state decision goes to the facility and decision maker and cannot be appealed, reargued, or reconsidered in the state process. When deficiencies change, the office must send the facility an amended statement reflecting changes in scope or severity.

Sponsors & Cosponsors

Sponsors

  • Missy Irvin

    Republican • Senate

  • Jeff Wardlaw

    Republican • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 225 • No: 2

House vote • 4/14/2025

House Vote - Monday, April 14, 2025 2:57:26 PM

Yes: 95 • No: 1

Senate vote • 4/10/2025

Senate Vote - Thursday, April 10, 2025 3:50:09 PM

Yes: 34 • No: 0

House vote • 4/1/2025

House Vote - Tuesday, April 1, 2025 2:18:07 PM

Yes: 96 • No: 1

Actions Timeline

  1. Notification that HB1784 is now Act 864

    4/17/2025House
  2. Correctly enrolled and ordered transmitted to the Governor's Office.

    4/15/2025House
  3. TO BE ENROLLED

    4/14/2025House
  4. Senate amendment # 1 read and concurred in.

    4/14/2025House
  5. Returned from Senate as passed, as amended # 1

    4/10/2025House
  6. Returned to the House as passed as amended # 1 .

    4/10/2025Senate
  7. Read the third time and passed.

    4/10/2025Senate
  8. Returned by the Committee, with the recommendation that it Do Pass

    4/9/2025Senate
  9. Re-referred to PUBLIC HEALTH, WELFARE AND LABOR COMMITTEE - SENATE

    4/3/2025Senate
  10. REPORTED CORRECTLY ENGROSSED

    4/3/2025Senate
  11. Amendment # 1 read the first time, rules suspended, read the second time and adopted, ordered engrossed.

    4/3/2025Senate
  12. Withdrawn from Committee and placed on 2nd reading for purpose of amendment # 1

    4/3/2025Senate
  13. Rules suspended.

    4/3/2025Senate
  14. Read first time, rules suspended, read second time, referred to PUBLIC HEALTH, WELFARE AND LABOR COMMITTEE - SENATE

    4/1/2025Senate
  15. Received from the House.

    4/1/2025Senate
  16. Read the third time and passed and ordered transmitted to the Senate.

    4/1/2025House
  17. Returned by the Committee Do Pass

    3/18/2025House
  18. Read the first time, rules suspended, read the second time and referred to the Committee on PUBLIC HEALTH, WELFARE AND LABOR COMMITTEE- HOUSE

    3/13/2025House
  19. Filed

    3/13/2025House

Bill Text

  • HB1784 - Introduced

    3/13/2025

  • Act Version

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