Title 20 — Public Health and Welfare

(a) This section may be cited as the “Emergency Medical Care Act”. (b) Because of the need for rapid assessment and care, in order to protect the life and health of the people of Arkansas during a medical emergency, it is found and declared necessary:(1) To establish a definition…

(1) Notwithstanding any other law to the contrary, no person or medical facility serving as a custodian of health or medical records shall be subject to any civil or criminal liability for:(1) Providing access to or producing copies of the records pursuant to a subpoena issued by…

(a) The General Assembly finds that:(1) Numerous workers who are occupationally exposed to blood-borne pathogens have contracted fatal and other serious viruses and diseases, including the human immunodeficiency virus (HIV), hepatitis B, and hepatitis C, from exposure to blood an…

(a) (1) An abortion facility shall enter into a written agreement with a licensed acute care hospital that is capable of treating patients with unforeseen complications related to procedures performed at an abortion facility.(2) Under the written agreement described in subdivisio…

(a) The General Assembly finds that:(1) The Centers for Medicare & Medicaid Services' Hospitals Without Walls initiative and other Centers for Medicare & Medicaid Services-certified facility flexibilities allow:(A) Participating ambulatory surgery centers to convert to licensed h…

(a) The General Assembly finds that:(1) Under 45 C.F.R. Part 180, each hospital operating in the United States is required to provide clear, accessible pricing information online about the items and services that the hospital provides; and(2) Easy-to-understand pricing informatio…

(1) As used in this subchapter:(1) “Freestanding birthing center” means any facility, institution, or place, which is not an ambulatory surgical center or a hospital or in a hospital, organized to provide family-centered maternity care for women and childbearing families in which…

(a) A freestanding birthing center shall have a qualified medical director, and deliveries shall be performed by a qualified physician or by a certified nurse midwife in accordance with an arrangement with a physician as required by § 17-87-101 et seq. (b) A mother and her infant…

(a) The Department of Health shall establish and enforce rules:(1) Setting minimum standards for the construction, maintenance, and operation of a freestanding birthing center; and(2) Setting qualifications for medical directors of freestanding birthing centers and for physicians…

The Department of Health may levy and collect a fee for the issuance of an annual license to a freestanding birthing center. The license fee for a freestanding birthing center shall be an annual fee of one thousand dollars ($1,000).

Nothing in this subchapter shall be construed to prohibit the lawful practice of lay midwifery in any location under the Licensed Lay Midwife Act, § 17-85-101 et seq.

(1) As used in this subchapter, “peer review committee” or “committee” means a committee of a hospital medical staff, a committee of a state or local professional association, or a committee organized by and operating pursuant to a written plan or policy under the auspices of a p…

(a) There shall be no monetary liability on the part of, and no cause of action for damages shall arise against, any member of a peer review committee for any act or proceeding undertaken or performed within the scope of the functions of the committee if the committee member acts…

(a) (1) The proceedings and records of a peer review committee shall not be subject to discovery or introduction into evidence in any civil action against a provider of professional health services arising out of the matters which are subject to evaluation and review by the commi…

(a) As used in this subchapter, “of unsound mind” means the inability to perceive all relevant facts related to one's condition and proposed treatment so as to make an intelligent decision based thereon, whether or not the inability is:(1) Only temporary, has existed for an exten…

(1) It is recognized and established that, in addition to other authorized persons, any one (1) of the following persons may consent, either orally or otherwise, to any surgical or medical treatment or procedure not prohibited by law that is suggested, recommended, prescribed, or…

(1) In addition to any other instances in which consent is excused or implied at law, consent to surgical or medical treatment or procedures suggested, recommended, prescribed, or directed by a licensed physician will be implied in the following circumstances:(1) (A) When an emer…

(a) (1) Except as provided in subsection (e) of this section, consent may be given by a court when:(A) An emergency exists;(B) There has been a protest or refusal of consent by a person authorized and empowered to do so; and(C) There is no other person immediately available who i…

(a) This section shall be known and may be cited as “Simon's Law”. (b) As used in this section:(1) “Healthcare institution” means the same as defined in § 20- 6-102;(2) “Healthcare provider” means the same as defined in § 20-6-102; and(3) “Minor” means an individual who is under …

(a) A healthcare professional shall not perform a pelvic examination on an unconscious or anesthetized patient unless:(1) The healthcare professional obtains written consent from the patient or the patient's representative before performing the pelvic examination;(2) A court orde…

The agency administering the Medicare program in Arkansas shall establish reasonable charges on a single statewide basis according to field of practice. The reasonable charges shall be based on uniform prevailing limits for all physicians throughout the state for the same or simi…

(a) Physicians and others appointed to hospital utilization review committees for the purpose of determining questions relating to the hospitalization of Medicare patients under the Health Insurance for the Aged and Disabled Act, 42 U.S.C. § 1395 et seq., shall be immune from lia…

(a) The availability of scientific knowledge, skills, and materials for the transplantation, injection, transfusion, or transfer of human tissue, organs, blood, and components thereof is important to the health and welfare of the people of this state. (b) The imposition of legal …

No physician, surgeon, hospital, blood bank, tissue bank, or other person or entity who donates, obtains, prepares, transplants, injects, transfuses, or otherwise transfers or who assists or participates in obtaining, preparing, transplanting, injecting, transfusing, or transferr…

(1) The purpose of this subchapter is to:(1) Promote the delivery of quality health care in a cost-effective manner;(2) Foster greater coordination between payors and providers conducting utilization review activities;(3) Protect patients, business, and providers by ensuring that…

(1) As used in this subchapter:(1) “Certificate” means a certificate of registration granted by the State Board of Health to a private review agent;(2) (A) “Private review agent” means a nonhospital-affiliated person or entity performing utilization review on behalf of:(i) An emp…

A private review agent who approves or denies payment or who recommends approval or denial of payment for hospital or medical services or whose review results in approval or denial of payment for hospital or medical services on a case-by-case basis may not conduct utilization rev…

(a) The State Board of Health may waive the requirements of this subchapter for the activities of a private review agent in connection with a contract with the United States Government for utilization review of patients eligible for hospital and medical services under the Social …

(a) A person who violates any provision of this subchapter or any rule adopted under this subchapter shall be guilty of a violation and upon conviction shall be subject to a penalty not exceeding one thousand dollars ($1,000). (b) Each day that a violation is continued after the …

(a) (1) In accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., the State Board of Health shall adopt rules to implement this subchapter.(2) Rules governing utilization review plans under this subchapter shall impose no greater requirements than those r…

(a) (1) Every health insurance plan proposing to issue or deliver a health insurance policy or contract or administer a health benefit program which provides for the coverage of hospital and medical benefits and the utilization review of those benefits shall:(A) Have a certificat…

(a) An applicant for a certificate shall:(1) Submit an application to the State Board of Health; and(2) Pay to the board the application fee established by the board by rule. (1) Submit an application to the State Board of Health; and (2) Pay to the board the application fee esta…

(1) In conjunction with the application, the private review agent shall submit information that the State Board of Health requires, including:(1) A utilization review plan that includes:(A) A description of review standards and procedures to be used in evaluating proposed or deli…

(a) A certificate expires on the second anniversary of its effective date unless the certificate is renewed for a two-year term as provided in this section. (b) Before the certificate expires, a certificate may be renewed for an additional two-year term if the applicant:(1) Other…

(a) The State Board of Health may revoke or deny a certificate if the holder does not comply with performance assurances under this section, violates any provision of this subchapter, or violates any rule adopted pursuant to this subchapter. (b) The board shall deny a certificate…

(a) (1) Before denying or revoking a certificate under this subchapter, the State Board of Health shall provide the applicant or certificate holder with reasonable time to supply additional information demonstrating compliance with the requirements of this subchapter and the oppo…

A private review agent may not disclose or publish individual medical records or any other confidential medical information obtained in the performance of utilization review activities without the appropriate procedures for protecting the patient's confidentiality. However, nothi…

Nothing in this subchapter shall be deemed to reduce or expand the liability of any person or entity for any actions or activities with respect to utilization review.

This subchapter may be known as the “Omnibus Long-Term Care Reform Act of 1988”.

It is the intent of the General Assembly to provide protection for those citizens residing in long-term care facilities to assure the residents the highest quality of life while protecting their health and welfare.

(a) A long-term care facility shall protect and promote the rights, benefits, or privileges guaranteed by law, the United States Constitution, and the Arkansas Constitution for all residents. (b) The Department of Human Services shall promulgate through rules a residents' bill of…

(a) The Department of Human Services may prohibit new admissions to a long-term care facility not in compliance due to a Class A violation until the department determines the facility is in substantial compliance. (b) If the department determines to prohibit admissions to a facil…

(a) The Department of Human Services shall prescribe through rule the procedure for transfer or discharge of residents to be followed by long-term care facilities. The procedure shall include:(1) Provisions for a written notice to be furnished to the resident, sponsor, and other …

(a) The Department of Human Services shall prescribe through rule the establishment of a residents' council within each long-term care facility. The residents' council's duties shall include without limitation:(1) Review of procedures of the facility for implementation of residen…

(a) No long-term care facility owner, administrator, employee, or other representative shall discriminate, retaliate, or seek reprisal in any manner against a resident or employee of a long-term care facility who has initiated or participated in any proceeding provided in this su…

All moneys received from the imposition of civil penalties levied by the state on long-term care facilities found to be out of compliance with the requirements of this subchapter shall be deposited into the Long-Term Care Trust Fund for uses as prescribed in § 20-10-209.

For a fourteen-day period beginning on the date of entry into a long-term care facility, the resident shall have the right to rescind any contractual obligation into which he or she has entered and receive a full refund of any moneys transferred to the facility. If the resident e…

(1) As used in this chapter:(1) “Administrative remedy” means temporary management, denial of payment for all new admissions, transfer of residents, termination or suspension of license, termination of provider agreement, directed plan of correction, directed in-service training,…

(a) For residents suffering from a terminal condition as defined in § 20-17-201, facilities may withhold nutrition or hydration, or both, only pursuant to:(1) The directive or with the consent of the resident;(2) A validly executed declaration as defined in § 20-17-201; or(3) The…

A.C.A. § 20-10-102Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved