Rules and Regulations for Home Health Agencies in Arkansas

Stricken language would be deleted from and underlined language would be added to present law.

Act 811 of the Regular Session

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State of Arkansas As Engrossed: S3/13/19 S3/25/19

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92nd General Assembly A Bill

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Regular Session, 2019 SENATE BILL 468

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By: Senator B. Sample

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By: Representative Penzo

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For An Act To Be Entitled

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AN ACT TO AMEND THE REQUIREMENTS FOR A PERSONAL CARE

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SERVICE PROVIDER, PRIVATE CARE AGENCY, AND HOME

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HEALTHCARE SERVICES AGENCY REGARDING VISITS TO A

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PATIENT'S HOME AND THE DISTANCE OF A PRIVATE CARE

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AGENCY OFFICE FROM A PATIENT'S HOME; AND FOR OTHER

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PURPOSES.

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Subtitle

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TO AMEND THE REQUIREMENTS FOR A PERSONAL

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CARE SERVICE PROVIDER, PRIVATE CARE

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AGENCY, AND HOME HEALTHCARE SERVICES

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AGENCY REGARDING VISITS TO A PATIENT'S

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HOME AND THE DISTANCE OF AN OFFICE FROM

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THE PATIENT'S HOME.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:

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SECTION 1. Arkansas Code § 20-10-2304(c), concerning the rules by the

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State Board of Health regarding personal care service providers and private

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care agencies, is amended to read as follows:

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(c) The board shall:

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(1) establish Establish a separate licensure category for

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private care agencies that provide personal care services twenty-four (24)

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hours a day and seven (7) days a week;

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(2)(A) Adopt, promulgate, and enforce rules and standards as

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necessary to implement this subchapter.

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(B) A rule adopted to implement this subchapter shall be

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amended or repealed by the board as in the interest of the public through the

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Arkansas Administrative Procedure Act, § 25-15-201 et seq.;

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(3) Require that:

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(A)(i) A qualified supervisor shall establish the

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frequency of in-person supervisory visits as part of the patient's plan of

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care based on the specific needs of the patient and the recommendations of

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the registered nurse.

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(ii) The frequency of in-person visits shall be at

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least annually.

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(iii)(a) A qualified supervisor shall be a licensed

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nurse or have completed two (2) years of full-time study at an accredited

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institution of higher education.

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(b) An individual who has a high school

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diploma or general equivalency diploma may substitute one (1) year of full-

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time employment in a supervisory capacity in a healthcare facility or

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community-based agency for one (1) year at an institution of higher

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education; and

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(B) A private care agency maintain a primary location in

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Arkansas and a sufficient number of regional offices to adequately service

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the administrative needs of the private care agency and the patients of the

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private care agency; and

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(4) Not require:

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(A) A registered nurse to visit a patient every sixty-two

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(62) days to supervise services; or

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(B) A branch office of a private care agency to be within

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a one-hundred-mile radius of a patient's home.

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SECTION 2. Arkansas Code § 20-10-806(b), concerning the administration

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and rules of home healthcare services agencies, as amended by Acts 2019, No.

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315, is amended to read as follows:

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(b)(1) The State Board of Health shall adopt, promulgate, and enforce

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such rules and standards as may be necessary for the accomplishment of the

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purposes of this subchapter.

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(2) The rules and standards shall be modified, amended, or

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rescinded from time to time by the board as may be in the public interest,

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after first complying with the Arkansas Administrative Procedure Act, § 25-

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15-201 et seq.

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(3) Rules under this subchapter shall:

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(A)(i) Require that a qualified supervisor shall establish

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the frequency of in-person supervisory visits as part of the patient's plan

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of care based on the specific needs of the patient and the recommendations of

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the registered nurse.

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(ii) The frequency of in-person visits shall be at

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least annually.

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(iii)(a) A qualified supervisor shall be a licensed

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nurse or have completed two (2) years of full-time study at an accredited

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institution of higher education.

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(b) An individual who has a high school

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diploma or general equivalency diploma may substitute one (1) year of full-

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time employment in a supervisory capacity in a healthcare facility or

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community-based agency for one (1) year at an institution of higher

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education; and

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(B) Not require:

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(i) A registered nurse to visit a patient every

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sixty-two (62) days to supervise services; or

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(ii) A branch office of a home healthcare services

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agency that only provides unskilled home healthcare services to be within a

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an one-hundred-mile radius of a patient's home.

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SECTION 3. DO NOT CODIFY. Advisory Private Care Agency and Home

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Healthcare Services Agency Rule Working Group.

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(a) There is created the Advisory Private Care Agency and Home

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Healthcare Services Agency Rule Working Group within the Department of

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Health.

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(b) The group shall consist of the following individuals appointed by

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the Director of the Department of Health:

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(1) One (1) member from a list of individuals provided by the

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HomeCare Association of Arkansas;

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(2) Three (3) members from a list of individuals provided by

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private care agencies; and

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(3) Three (3) members from a list of individuals provided by

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home healthcare services agencies that provide unskilled home healthcare

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services.

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(c)(1) The director shall call the first meeting of the group.

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(2) The group shall select a chair from the membership at the

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first meeting.

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(d) Within sixty (60) days of the effective date of this act, the

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group shall review the rules regarding private care agencies and make

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recommendations to the Department of Health for changes to the rules

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regarding private care agencies and home healthcare services agencies that

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provide unskilled home healthcare to make the rules consistent with rules

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regarding private care agencies in the surrounding states.

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(e)(1) On or before November 1, 2019, the group shall provide a report

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on their review and recommendations described in subsection (d) of this

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section to:

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(A) The director;

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(B) The Governor; and

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(C) The Legislative Council.

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(2) The recommendations by the group shall not relate to contract

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labor laws that are related to business models for personal care service

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providers, private care agencies, or home healthcare services agencies.

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(f) The members shall not receive expense reimbursement, per diem, or

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stipends.

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(g) This section shall expire on November 1, 2019.

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SECTION 4. DO NOT CODIFY. Legislative intent.

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It is the intent of the General Assembly to address and require

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amendments to rules concerning nonskilled, nonmedical personal care and

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private care services without making any alternations to skilled home

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healthcare services or the provision of medical home care services.

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/s/B. Sample

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APPROVED: 4/9/19

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