Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas 1
94th General Assembly A Bill 2
Regular Session, 2023 SENATE BILL 213 3
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By: Senator Irvin 5
By: Representative L. Johnson 6
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For An Act To Be Entitled 8
AN ACT TO AMEND THE LAW REGARDING SCREEN ED-OUT, 9
PENDING, AND UNFOUND ED REPORTS OF ADULT MALTREATMENT 10
OR LONG-TERM CARE FACILITY R ESIDENT MALTREATMENT ; TO 11
EXPAND THE AVAILABIL ITY OF SCREENED-OUT REPORTS OF 12
ADULT MALTREATMENT O R LONG-TERM CARE FACILITY 13
RESIDENT MALTREATMENT; TO AMEND AMBIGUOUS LANG UAGE 14
REGARDING THE AVAILA BILITY OF PENDING AN D UNFOUNDED 15
REPORTS OF ADULT MAL TREATMENT OR LONG-TERM CARE 16
FACILITY RESIDENT MA LTREATMENT; AND FOR OTHER 17
PURPOSES. 18
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Subtitle 21
TO EXPAND THE AVAILABILITY OF SCREENED -22
OUT REPORTS OF ADULT MALTREATMENT OR 23
LONG-TERM CARE FACILITY RESIDENT 24
MALTREATMENT. 25
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 28
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SECTION 1. Arkansas Code ยง 12 -12-1718(a)-(c), concerning the 30
availability of screened -out reports of adult maltreatment or long -term care 31
facility resident maltreatment, is amended to read as follows: 32
(a)(1) A record of a screened -out report of adult maltreatment or 33
long-term care facility resident maltreatment shall not be disclosed except 34
to: 35
(A) the The office of the Attorney General ,; 36 SB213
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(B) the A prosecuting attorney , and an; 1
(C) An appropriate law enforcement agency ; 2
(D) A current employer of the person named as the alleged 3
offender, if the employer made the initial report; and 4
(E) A board or government entity responsible for licensing 5
or registering the person named as the alleged offender. and may be used only 6
within the 7
(2) The Department of Human Services may only use a screened -out 8
report of adult maltreatment or long -term care facility resident maltreatment 9
for the purposes of administration of the program. 10
(b)(1) A pending report, including protected health information, is 11
confidential and shall be made available only to: 12
(A) The department, including the Death Review Committee 13
of the Department of Human Services; 14
(B) A law enforcement agency; 15
(C) A prosecuting attorney; 16
(D) The office of the Attorney General; 17
(E) A circuit court having jurisdiction pursuant to a 18
petition for emergency, temporary, long-term protective custody, or 19
protective services; 20
(F) A grand jury or court, upon a finding that the 21
information in the report is necessary for the determination of an issue 22
before the grand jury or court; 23
(G) A person or provider identified by the department as 24
having services needed by the maltreated person; 25
(H) Any applicable licensing or registering authority; 26
(I) Any employer, legal entity, or board responsible for 27
the person named as the offender A current employer of the person named as 28
the alleged offender, if the employer made the initial report; 29
(J) Any legal entity or board responsible for the 30
maltreated person A board or government entity responsible for licensing or 31
registering the person named as the alleged offender; and 32
(K) The Office of Medicaid Inspector General. 33
(2) The subject of the report may only be advised that a report 34
is pending. 35
(c) Upon satisfaction of due process and if an allegation was 36 SB213
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determined to be unfounded, the investigative report, including protected 1
health information, is confidential and shall be made available only to: 2
(1) The department, including the committee; 3
(2) A law enforcement agency; 4
(3) A prosecuting attorney; 5
(4) The office of the Attorney General; 6
(5) Any applicable licensing or registering authority; 7
(6) Any person named as a subject of the report or that person's 8
legal guardian; 9
(7) A circuit court having jurisdiction pursuant to a petition 10
for emergency, temporary, long-term protective custody, or protective 11
services; 12
(8) A grand jury or court, upon a finding that the information 13
in the record is necessary for the determination of an issue before the grand 14
jury or court; 15
(9) A person or provider identified by the department as having 16
services needed by the person; 17
(10) Any employer, legal entity, or board responsible for the 18
person named as the offender A current employer of the person named as the 19
alleged offender, if the employer made the initial report; 20
(11) Any legal entity or board responsible for the maltreated 21
person A board or government entity responsible for licensing or registering 22
the person named as the alleged offender; and 23
(12) The Office of Medicaid Inspector General. 24
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