Title 20, Public Health and Welfare

(a) Each county jail shall prepare and may use during the intake process a standard checklist, including behavioral indicators of mental health problems. (b) If a checklist is used, the checklist shall be a permanent part of the jail inmate's record and shall record all mental he…

Unless sufficient appropriations are provided for the purposes of this subchapter, the parties have no new obligations under this subchapter.

This subchapter shall be known and may be cited as the “Arkansas System of Care for Behavioral Healthcare Services for Children and Youth Act”.

The purpose of this subchapter is to help facilitate the establishment of an improved system of behavioral health care for children and youth, especially those with serious emotional disturbances.

(1) The General Assembly finds:(1) The system for providing behavioral healthcare services to children, youth, and their families should ensure that those services are appropriate, cost-effective, and provided in the least restrictive settings;(2) Behavioral health and other serv…

(1) The Department of Human Services shall:(1) Identify and implement actions for ensuring that children, youth, and their families are full partners in the design and implementation of all aspects of the system of care as well as full partners in decisions about their care or th…

(1) The standardized screening and assessment tool established by Medicaid rules shall:(1) Guide service decisions and outcomes; and(2) Establish guidelines to identify children who need a multiagency plan of services. (1) Guide service decisions and outcomes; and (2) Establish g…

(1) Each multiagency plan of services shall:(1) Be consistent with the results of the standardized screening and assessment established by Medicaid rules;(2) Provide for collaboration among the child, the persons or entities responsible for the child's care and custody, and the p…

(1) The Department of Human Services shall report annually on progress to the:(1) Governor;(2) House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Senate Committee on Children and Youth; and(3) House Committee on Public Health, Welfare, and Labo…

The Department of Human Services shall promulgate rules in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., as necessary to carry out this subchapter.

This subchapter shall be known and may be cited as the “Behavioral Health Crisis Intervention Protocol Act of 2017”.

(a) It is the intent of the General Assembly to create an established protocol for crisis intervention by law enforcement agencies and jail personnel, the court system, hospitals, healthcare providers, and mental health professionals to address the methods and procedures to be us…

(1) As used in this subchapter:(1) “Activities of daily living” means without limitation:(A) Ambulating;(B) Transferring;(C) Eating;(D) Bathing;(E) Dressing;(F) Grooming; and(G) Toileting;(2) (A) “Behavioral health impairment” means a substantial impairment of emotional processes…

(a) If during or after the initiation of a crisis intervention protocol under this subchapter a mental health professional or medical professional believes the individual being treated would benefit more from a longer commitment in a residential facility, the mental health profes…

(a) As part of a crisis intervention protocol established under this subchapter, a law enforcement agency or community mental health center, as a participating partner, is authorized to establish a crisis intervention team or multiple crisis intervention teams to provide psychiat…

(a) A proposed crisis intervention protocol and crisis intervention team shall include necessary collaborative agreements among the participating hospitals, community health centers, mental health service providers, participating law enforcement agencies, and the facility that is…

(a) (1) The internal operation of a crisis stabilization unit shall be governed by the administration of a facility designated as the crisis stabilization unit and regulated by the Department of Human Services or a division of the department.(2) All collaborative agreements under…

(a) (1) If a crisis intervention team officer determines that an individual with a behavioral health impairment demonstrates a substantial likelihood of committing bodily harm to himself or herself or to another person, the crisis intervention team officer may take the individual…

(a) (1) To implement psychiatric emergency services under a crisis intervention protocol under this subchapter, a crisis stabilization unit shall request licensure from the Department of Human Services for the number of extended observation beds that are required to adequately se…

(a) An individual with a behavioral health impairment who is admitted to a crisis stabilization unit under a crisis intervention protocol under this subchapter shall have a final disposition within a maximum of ninety-six (96) hours or remain on a voluntary basis. (b) If the indi…

A person acting in good faith in connection with the detention of an individual with a behavioral health impairment under the crisis intervention protocol as set out in this subchapter is immune from civil or criminal liability for those acts.

(a) (1) A local criminal justice coordinating committee shall actively encourage hospitals, community mental health centers, mental health services providers, and other mental health professionals to develop psychiatric emergency services.(2) If a collaborative agreement can be n…

(a) The Department of Human Services is authorized to utilize rulemaking in order to properly implement the provisions of this subchapter concerning the certification of a nonhospital crisis stabilization unit. (b) The department shall not promulgate a rule concerning utilization…

(a) The General Assembly finds that:(1) There are more than three hundred (300) outpatient service sites in the state for the delivery of rehabilitative services for persons with mental illness;(2) There is no information that any eligible Medicaid beneficiary has experienced or …

As used in this subchapter, “rehabilitative services for persons with mental illness” means an array of clinical services for individuals with mental illness intended to provide core mental health services for the treatment and prevention of mental disorders in Medicaid recipient…

(a) The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall:(1) Process a certification request for a site for rehabilitative services for persons with mental illness within ninety (90) calendar days of receiving all information that…

(1) As used in this subchapter:(1) “Community and Employment Support Waiver Program” means the home and community-based waiver program authorized by the Centers for Medicare & Medicaid Services under section 1915(c) of the Social Security Act, 42 U.S.C. § 1396 et seq., and admini…

(a) (1) There is imposed a provider fee on services provided through, or identical to those provided under, the Community and Employment Support Waiver Program to be calculated in accordance with this section.(2) The provider fee shall be an amount calculated by the Division of M…

(a) The administration of this subchapter shall be exercised by the Director of the Division of Medical Services of the Department of Human Services and shall be subject to the provisions of the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (b) (1) In accordance with…

(a) (1) The provider fee imposed and collected under this subchapter shall be deposited into a designated account within the Arkansas Medicaid Program Trust Fund.(2) The designated account shall be separate and distinct from the General Revenue Fund Account of the State Apportion…

The imposition imposed under § 20-48-1002 shall not take effect or shall cease to be imposed if the imposition is determined to be an impermissible tax or not eligible for federal financial participation under Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq.

(1) As used in this chapter:(1) (A) “Accredited nonprofit entity” means a nonprofit entity that:(i) Has successfully completed an ongoing accreditation process that is related to the delivery of services to adults with developmental disabilities and is offered by a national accre…

(1) It is the specific recommendation of the General Assembly that the Division of Developmental Disabilities Services of the Department of Human Services utilize Title XIX, social services block grant, and state grants-in-aid funds available to nonprofit community programs to se…

(a) The operation of the community-based Intermediate Care Facilities for Individuals with Intellectual Disabilities program will be subject to the oversight of a five-member committee composed of three (3) members of the House of Representatives to be appointed by the Speaker of…

(a) (1) The intent of this section is to avoid unnecessary duplication of costs and services in the expansion of nonresidential services to adults with developmental disabilities.(2) A designation by the Division of Developmental Disabilities Services of the Department of Human S…

The intent of this subchapter is to avoid unnecessary expansion in Medicaid costs and services related to early intervention day treatment services for children or any successor program providing early intervention day treatment to children.

(1) As used in this subchapter:(1) “Accredited entity” means a corporate entity that:(A) Has successfully completed an ongoing accreditation process that is offered by a national accrediting organization and is related to the delivery of early intervention day treatment services;…

(a) (1) Certification and licensure are required for operation as an early intervention day treatment program.(2) Certification shall be granted on a countywide basis. (1) Certification and licensure are required for operation as an early intervention day treatment program. (2) C…

(a) An expansion of early intervention day treatment services in a county is necessary when the Division of Developmental Disabilities Services of the Department of Human Services determines that a county is underserved with regard to:(1) Early intervention day treatment services…

(a) When considering an application for approval under this subchapter for expansion of early intervention day treatment services, including child health management services, developmental day treatment clinic services for children, or any successor program services, the Division…

(a) The Division of Developmental Disabilities Services of the Department of Human Services shall provide written notice by certified mail of its designation under § 20-48-1104 to all child health management services programs, developmental day treatment clinic services programs …

(a) The Division of Developmental Disabilities Services of the Department of Human Services may adopt rules to implement this subchapter. (b) The division shall work with stakeholders, including without limitation representatives of the Child Health Management Services Associatio…

(a) On or before July 1, 2013, the Department of Human Services shall convene stakeholders, including without limitation representatives of the Child Health Management Services Association and the Developmental Disabilities Provider Association, to assist in determining the feasi…

This subchapter shall be known and may be cited as the “Arkansas Intellectual and Developmental Disabilities Act”.

(1) As used in this subchapter, unless the context otherwise requires:(1) “Community” means either region or locality;(2) (A) “Coordinate” means to utilize resources in appropriate sequence and relationship to provide the proper services for individuals with intellectual and deve…

(a) (1) The Board of Developmental Disabilities Services shall consist of seven (7) members who shall be citizens and residents of the State of Arkansas and more than twenty-five (25) years of age.(2) One (1) of the members shall be a resident of each of the six (6) former congre…