Title 20, Public Health and Welfare

(a) There is created a cash fund entitled “Minority Health Commission Cash Fund” to be used for expenses of the Arkansas Minority Health Commission as appropriated by the General Assembly. (b) The commission may receive grants and donations made to the commission or amounts recei…

(1) On or before October 1 each year, the Arkansas Minority Health Commission shall report to the Secretary of the Department of Health, the Speaker of the House of Representatives, the President Pro Tempore of the Senate, the Chair of the House Committee on Public Health, Welfar…

This chapter shall be known and may be cited as the “Achieving a Better Life Experience Program Act”.

It is the intent and purpose of this chapter to create and establish the Achieving a Better Life Experience Program as provided under the Tax Increase Prevention Act of 2014, Pub. L. No. 113-295.

(1) As used in this chapter:(1) “ABLE account” means an account:(A) Established by an eligible individual;(B) Owned by the eligible individual; and(C) Maintained under this subchapter;(2) “Contracting state” means a state without a qualified ABLE program that has entered into a c…

(a) The Achieving a Better Life Experience Program Trust is created. (b) The cotrustees of the trust shall be the Secretary of the Department of Human Services, the Commissioner of Arkansas Rehabilitation Services, and the Treasurer of State.

(a) This chapter shall be administered by the Achieving a Better Life Experience Program Committee, which shall be composed of:(1) The Secretary of the Department of Human Services, or his or her designee;(2) The Commissioner of Arkansas Rehabilitation Services, or his or her des…

(1) Rules adopted under this chapter shall ensure that:(1) (A) A rollover from an ABLE account does not apply to an amount paid or distributed from the ABLE account to the extent that, not later than the sixtieth day after the date of the payment or distribution, the amount recei…

Except as permitted under the Achieving a Better Life Experience Program as provided under the Tax Increase Prevention Act of 2014, Pub. L. No. 113-295, a person shall not direct the investment of any contributions to or earnings from the program more than two (2) times each year…

(a) (1) An account owner or contributor may establish an ABLE account by making an initial contribution to the Achieving a Better Life Experience Program, signing an application form approved by the Achieving a Better Life Experience Program Committee, and naming the ABLE account…

(a) An ABLE account owner shall have the right to name the designated beneficiary of an ABLE account and at any time to change the designated beneficiary of an ABLE account to an eligible individual who is a member of the family of the former designated beneficiary. (b) At the di…

(a) Total contributions to the ABLE account established on behalf of a particular designated beneficiary in excess of those reasonably necessary to meet the designated beneficiary's qualified disability expenses are prohibited. (b) (1) An ABLE account or a legal or beneficial int…

(a) Except as otherwise indicated in this chapter, interest, dividends, and capital gains from funds invested in the Achieving a Better Life Experience Program are exempt from Arkansas income taxes. (b) (1) A qualified distribution from a disability savings account established un…

(1) Neither the Achieving a Better Life Experience Program, the Achieving a Better Life Experience Program Committee and each of its members, nor the state shall:(1) Insure any ABLE account or guarantee any rate of return or any interest rate on any contribution;(2) Be liable for…

This chapter shall be liberally construed to comply with the requirements of the Achieving a Better Life Experience Program as provided under the Tax Increase Prevention Act of 2014, Pub. L. No. 113-295.

This subchapter shall be known and may be cited as the “Arkansas Healthcare Decisions Act”.

(1) As used in this subchapter:(1) “Advance directive” means an individual instruction or a written statement that anticipates and directs the provision of health care for an individual, including without limitation a living will or a durable power of attorney for health care;(2)…

(a) (1) (A) An adult, married minor, or emancipated minor may make healthcare decisions for himself or herself and give an individual instruction.(B) A person who is authorized to consent on behalf of a principal may make healthcare decisions for the principal and may give an ind…

(a) A principal having capacity may revoke all or part of an advance directive, including without limitation a living will, durable power of attorney for health care, or other document, at any time and in any manner that communicates an intent to revoke. (b) A decree of annulment…

(a) (1) An adult, married minor, or emancipated minor may designate an individual to act as surrogate by personally informing the supervising healthcare provider.(2) The designation may be oral or written. (1) An adult, married minor, or emancipated minor may designate an individ…

(a) (1) A surrogate shall make a healthcare decision in accordance with the principal's individual instructions, if any, and other wishes to the extent known to the surrogate.(2) (A) Otherwise, the surrogate shall make the decision in accordance with the surrogate's determination…

(a) Absent a court order to the contrary, a guardian shall comply with the principal's individual instructions and shall not revoke the principal's advance directive. (b) Except as provided in § 28-65-102, a healthcare decision made by a guardian for the principal is effective wi…

(1) If a licensed physician makes a determination or is informed of a determination that a principal lacks or has recovered capacity or that another condition exists that affects an individual instruction or the authority of an agent, guardian, or surrogate, the licensed physicia…

(a) Except as provided in subsections (b)-(d) of this section, a healthcare provider or institution providing care to a principal shall comply with:(1) An individual instruction of the principal and with a reasonable interpretation of that instruction by a person authorized to ma…

Unless otherwise specified in an advance directive, a person authorized to make healthcare decisions for a principal has the same rights as the principal to request, receive, examine, copy, and consent to the disclosure of medical or any other healthcare information.

(a) A healthcare provider or healthcare institution acting in good faith and in accordance with generally accepted healthcare standards applicable to the healthcare provider or healthcare institution is not subject to civil or criminal liability or to discipline for unprofessiona…

(a) This subchapter does not affect the right of an individual to make healthcare decisions while having capacity to do so. (b) An individual is presumed to have capacity to make a healthcare decision, to give or revoke an advance directive, and to designate or disqualify a surro…

A copy of a written advance directive, revocation of an advance directive, or designation or disqualification of a surrogate has the same effect as the original.

(a) This subchapter does not create a presumption concerning the intention of an individual who has not made or who has revoked an advance directive. (b) Notwithstanding any term of an insurance policy or annuity to the contrary, a death resulting from the withholding or withdraw…

(a) A court of competent jurisdiction may enjoin or direct a healthcare decision or order other equitable relief on a petition of:(1) A principal;(2) A principal's agent, guardian, or surrogate;(3) A healthcare provider or healthcare institution involved with the principal's care…

(a) If a living will entered into before October 1, 2013, was valid at the time of execution, it remains valid. (b) A living will entered into on or after October 1, 2013, that evidences an intent that it is entered into under this subchapter is valid. (c) A living will entered i…

(a) If a durable power of attorney for health care entered into before October 1, 2013, was valid at the time of execution, it remains valid. (b) A durable power of attorney for health care entered into on or after October 1, 2013, that evidences an intent that it is entered into…

This subchapter shall be known and may be cited as the “Patient Right-to-Know Act”.

(a) The General Assembly finds that:(1) Patients are entitled to continuity of care with their healthcare providers;(2) Healthcare providers are prohibited legally and ethically from abandoning a patient before treatment has been concluded;(3) When a healthcare provider changes p…

(1) As used in this subchapter:(1) (A) “Entity” means any person, organization, or business entity of any type that engages a healthcare provider as an employee, independent contractor, member, or in any other capacity for the practice of medicine as defined in § 17-95-202.(B) “E…

(a) If a healthcare provider who is relocating his or her practice provides written notice of the healthcare provider's new practice location or contact information via certified mail to the chief executive or administrative officer, the entity or person on behalf of an entity sh…

If patient abandonment or other medical injury occurs due to a violation by an entity of this subchapter, the violation shall be an affirmative defense for the physician in a claim brought by the injured patient who shall be entitled to bring a claim against the entity.

(a) An affected patient or healthcare provider may file an action seeking an injunction of a violation of this subchapter in the circuit court of:(1) Pulaski County;(2) The county in which the healthcare provider has his or her practice located;(3) The county in which the affecte…

(a) This subchapter:(1) Applies to any express or implied contract, agreement, or understanding entered into, renewed, modified, or extended on or after March 30, 2017; and(2) Does not amend or repeal any portion of the Medical Corporation Act, § 4-29-301 et seq., or the Dental C…

This subchapter shall be known and may be cited as the “Arkansas Physician Order for Life-Sustaining Treatment Act”.

(1) The General Assembly finds that:(1) It is important for individuals to make healthcare decisions before a medical crisis or emergency occurs;(2) Healthcare planning is a process, rather than a single decision, that helps individuals think about the type of care that they woul…

(1) As used in this subchapter:(1) (A) “Healthcare facility” means an institution, building, agency, or a portion of an institution, building, or agency that is used, operated, or designed to provide healthcare services, medical treatment, nursing care, rehabilitative care, or pr…

(a) The State Board of Health shall prescribe a standardized physician order for life-sustaining treatment form that:(1) Is signed and dated by:(A) The patient or the legal representative of the patient; and(B) The physician of the patient;(2) Includes:(A) The name and date of bi…

(a) Except as provided in subsection (c) of this section, a healthcare provider and a healthcare facility shall treat a patient in accordance with the physician order for life-sustaining treatment form. (b) A physician order for life-sustaining treatment form is valid in a health…

(a) (1) An executed physician order for life-sustaining treatment form may be reviewed periodically by the physician of the patient.(2) The physician may:(A) Conduct an evaluation of the patient; and(B) In consultation with the patient or the legal representative of the patient, …

(a) (1) A physician order for life-sustaining treatment form is not intended to replace an advance directive.(2) In executing a physician order for life-sustaining treatment form, a patient, the legal representative of the patient when applicable, and the physician shall make a g…