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Arkansas General Assembly· HB 1439Notification that HB1439 is now Act 853

An act TO REMOVE THE CERTIFICATION PROCESS OF THE 10 DEPARTMENT OF HUMAN SERVICES FROM LICENSURE AS A 11 PRIVATE CARE AGENCY, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Arkansas General Assembly, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
Stricken language would be deleted from and underlined language would be added to present law.

1 State of Arkansas           A Bill
2 95th General Assembly

3 Regular Session, 2025                                          HOUSE BILL 1439

4

5 By: Representative Ladyman

6 By: Senator Flippo

7

8                             For An Act To Be Entitled

9            AN ACT TO REMOVE THE CERTIFICATION PROCESS OF THE

10           DEPARTMENT OF HUMAN SERVICES FROM LICENSURE AS A

11           PRIVATE CARE AGENCY; AND FOR OTHER PURPOSES.

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14                            Subtitle

15                       TO REMOVE THE CERTIFICATION PROCESS OF

16                       THE DEPARTMENT OF HUMAN SERVICES FROM

17                       LICENSURE AS A PRIVATE CARE AGENCY.

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

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21  SECTION 1. Arkansas Code � 20-10-2301(b), concerning the purpose and

22 intent of the licensure of private care agencies, is amended to read as

23 follows:

24  (b) It is the purpose of this subchapter to:

25           (1) Allow a licensed private care agency to provide in-home

26 personal care services twenty-four (24) hours a day and seven (7) days a week

27 to eligible recipients;

28           (2) Provide for the reimbursement of the personal care services

29 through Medicaid; and

30           (3) Authorize the Department of Human Services in its

31 administration of the Arkansas Medicaid Program to set forth Medicaid

32 provider participation requirements for a private care agency that will

33 ensure sufficient available personal care service providers in order to meet

34 the needs of all eligible recipients, including available in-home personal

35 care services twenty-four (24) hours a day and seven (7) days a week.

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    *JMB298*                                                    02/09/2025 7:39:34 PM JMB298
                                                                         HB1439

1   SECTION 2. Arkansas Code � 20-10-2302 is amended to read as follows:

2   20-10-2302. Definitions.

3   As used in this subchapter, "private care agency" means a provider that

4 is certified by the Division of Provider Services and Quality Assurance as a

5 provider of home- and community-based health services licensed by the

6 Department of Health as a private care agency and that:

7   (1) Furnishes in-home staffing services for personal and

8 attendant care services for which the provider seeks reimbursement through

9 the Arkansas Medicaid Program; and

10  (2) Retains liability insurance of not less than one million

11 dollars ($1,000,000) to cover its employees and independent contractors while

12 its employees and independent contractors are engaged in providing personal

13 and attendant care services.

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15  SECTION 3. Arkansas Code � 20-10-2304(c)(3)(B), concerning the rules

16 for private care agencies, is amended to read as follows:

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

18 Arkansas and a sufficient number of regional offices to adequately service

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

20 private care agency; and

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