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 As Engrossed: S3/5/25 S4/1/25
2 95th General Assembly
A Bill
3 Regular Session, 2025 SENATE BILL 120
4
5 By: Senators C. Penzo, Irvin
6 By: Representatives J. Mayberry, Unger, Rye, K. Moore, L. Johnson
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8 For An Act To Be Entitled
9 AN ACT TO REQUIRE LICENSURE FOR ALL PRIVATE CARE
10 AGENCIES IN THIS STATE; TO ENSURE CONSUMER PROTECTION
11 FOR VULNERABLE AGING ADULTS; AND FOR OTHER PURPOSES.
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13
14 Subtitle
15 TO REQUIRE LICENSURE FOR ALL PRIVATE
16 CARE AGENCIES IN THIS STATE; AND TO
17 ENSURE CONSUMER PROTECTION FOR
18 VULNERABLE AGING ADULTS.
19
20 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
21
22 SECTION 1. DO NOT CODIFY. Legislative findings and intent.
23 (a) The General Assembly finds that:
24 (1) Personal care service providers are a vital component in the
25 recovery from an illness or injury and in the treatment of chronic conditions
26 for vulnerable aging adults;
27 (2) Consumers should have confidence when securing a personal
28 care service provider that all employees are adequately trained to care for
29 the needs of vulnerable aging adults; and
30 (3) All personal care service providers should be subject to the
31 same rules.
32 (b) It is the intent of the General Assembly to ensure that all
33 private care agencies have the same licensure process in addition to the
34 certification by the Department of Human Services.
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36 SECTION 2. Arkansas Code �� 20-10-2302 -- 20-10-2304 are amended to
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1 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 State
6 Board of Health as a provider of personal care services and that:
7 (1) Furnishes in-home staffing services for personal and
8 attendant care services; and
9 (2) Retains liability insurance of not less than one million
10 dollars ($1,000,000) to cover its employees and independent contractors while
11 its employees and independent contractors are engaged in providing personal
12 and attendant care services.
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14 20-10-2303. Private care agencies eligible for Medicaid reimbursement.
15 The Division of Medical Services shall take such action as required by
16 the Centers for Medicare & Medicaid Services to amend the Arkansas Medicaid
17 Manual to include private care agencies that:
18 (1) Provide provide personal care services twenty-four (24)
19 hours a day and seven (7) days a week as a qualified healthcare provider that
20 is eligible for Medicaid reimbursement; and
21 (2) Are certified by the Division of Provider Services and
22 Quality Assurance as a provider of home- and community-based health services.
23
24 20-10-2304. Rules.
25 (a) The State Board of Health shall promulgate rules necessary to
26 implement this subchapter.
27 (b) To be eligible for reimbursement under this subchapter, the a
28 private care agency shall provide personal care services that comply with
29 rules promulgated by the board and be certified by the Division of Provider
30 Services and Quality Assurance as a provider of home- and community-based
31 health services.
32 (c) The board shall:
33 (1) Establish a separate licensure category for private care
34 agencies that provide personal care services twenty-four (24) hours a day and
35 seven (7) days a week;
36 (2)(A) Adopt, promulgate, and enforce rules and standards as
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1 necessary to implement this subchapter.
2 (B) A rule adopted to implement this subchapter shall be
3 amended or repealed by the board as in the interest of the public through the
4 Arkansas Administrative Procedure Act, � 25-15-201 et seq.;
5 (3) Require that:
6 (A)(i) A qualified supervisor shall establish the
7 frequency of in-person supervisory visits as part of the patient's plan of
8 care based on the specific needs of the patient and the recommendations of
9 the registered nurse.
10 (ii) The frequency of in-person visits shall be at
11 least annually.
12 (iii)(a) A qualified supervisor shall be a
13 licensed nurse or have completed two (2) years of full-time study at an
14 accredited institution of higher education.
15 (b) An individual who has a high school
16 diploma or general equivalency diploma may substitute one (1) year of full-
17 time employment in a supervisory capacity in a healthcare facility or
18 community-based agency for one (1) year at an institution of higher
19 education; and
20 (B) A private care agency maintain a primary location in
21 Arkansas and a sufficient number of regional offices to adequately service
22 the administrative needs of the private care agency and the patients of the
23 private care agency; and
24 (4) Not require:
25 (A) A registered nurse to visit a patient every sixty-two
26 (62) days to supervise services; or
27 (B) A branch office of a private care agency to be within
28 a one-hundred-mile radius of a patient's home.
29 (3) Require that an employee, independent contractor, or agent
30 who is providing personal care services on behalf of the private care agency:
31 (A) Submit to:
32 (i) A federal criminal background check if the
33 applicant has not lived continuously in this state in the last five (5)
34 years;
35 (ii) A state criminal background check under � 20-
36 38-101 et seq., including any exemptions under � 20-38-101 et seq.; and
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1 (iii) A check of registries of this state or another
2 state, including without limitation a child maltreatment registry and an
3 adult maltreatment registry; and
4 (B) Complete forty (40) hours of training as determined by
5 the board; and
6 (4)(A) Establish an annual licensure fee of one thousand dollars
7 ($1,000) for a private care agency.
8 (B) If a private care agency does not renew its license
9 and pay the annual licensure fee under subdivision (c)(4) of this section on
10 or before the expiration of the license, the private care agency shall:
11 (i) Pay a late renewal fee of an additional ten
12 dollars ($10.00) per day for up to seven (7) calendar days after the
13 expiration date of the license; and
14 (ii) If renewed after seven (7) calendar days after
15 the expiration date of the license, submit a new application for licensure.
16 (d) The Department of Health shall implement the board's rules and
17 supervise the conduct of the private care agencies as defined under this
18 subchapter.
19
20 SECTION 3. Arkansas Code Title 20, Chapter 10, Subchapter 23, is
21 amended to add an additional section to read as follows:
22 20-10-2305. Requirements for a private care agency.
23 (a) The State Board of Health shall require that a private care
24 agency:
25 (1)(A) Has a qualified supervisor that establishes the frequency
26 of in-person supervisory visits as part of a patient's plan of care based on
27 the specific needs of the patient and the recommendations of the registered
28 nurse.
29 (B) The frequency of in-person visits shall be at least
30 annually.
31 (C)(i) A qualified supervisor shall be a licensed nurse or
32 have completed two (2) years of full-time study at an accredited institution
33 of higher education.
34 (ii) An individual who has a high school diploma or
35 general equivalency diploma may substitute one (1) year of full-time
36 employment in a supervisory capacity in a healthcare facility or community-
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1 based agency for one (1) year at an institution of higher education.
2 (D) Subdivisions (a)(1)(A)-(C) of this section shall only
3 apply to a private care agency when providing care to Medicaid beneficiaries;
4 and
5 (2) Maintains a primary location in Arkansas and a sufficient
6 number of regional offices to adequately service the administrative needs of
7 the private care agency and the patients of the private care agency.
8 (b) The board shall not require a private care agency to have:
9 (1) A registered nurse to visit a patient every sixty-two (62)
10 days to supervise services; or
11 (2) A branch office of a private care agency to be within a one-
12 hundred-mile radius of a patient's home.
13
14 SECTION 4. EFFECTIVE DATE.
15 This act shall be effective on and after January 1, 2026.
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17 /s/C. Penzo
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5 04-01-2025 10:05:40 JMB135Every fact on this page links to its source, starting with the official bill record.