Arkansas House Bill HB1583

Arkansas 2023 Regular Session

• Introduced: 3/8/23
• Refer: 3/8/23
• Failed: 5/1/23

Caption

To Exempt Facilities That Provide Continuing Care, Including Without Limitation A Continuing Care Retirement Community Or A Life-care Facility, From The Quality Assurance Fee For Nursing Facilities.

Impact

If enacted, HB1583 would amend existing laws outlined under the Arkansas Code regarding the administration of quality assurance fees for nursing facilities. Specifically, it would add an exemption for licensed continuing care facilities from paying the quality assurance fee, unless the exemption is later deemed unconstitutional. One significant implication of this bill is the potential financial relief for continuing care retirement communities, allowing them to allocate resources towards services instead of fees, which could enhance their operational viability.

Summary

House Bill 1583 proposes to exempt facilities providing continuing care, including but not limited to continuing care retirement communities and life-care facilities, from the quality assurance fee imposed on nursing facilities in Arkansas. The bill aims to address concerns that the current requirement of a fee for continuing care facilities, while simultaneously denying them related benefits, constitutes taxation without representation. This issue is argued to violate the Fifth and Fourteenth Amendments of the United States Constitution, prompting the General Assembly to seek legislative change.

Contention

Supporters of HB1583 argue that the exemption is necessary to avoid unfair financial burdens on facilities that already provide essential services to older adults and those in need of long-term care. On the other hand, there may be disagreements regarding the implications of this exemption on the funding and administration of nursing facilities and overall long-term care. Critics might contend that such exemptions could weaken the funding structure established for the broader nursing facility sector, thus raising concerns about the equitable distribution of resources and care quality across various types of care facilities.