Arkansas 2023 Regular Session

Arkansas Senate Bill SB213 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		Stricken language would be deleted from and underlined language would be added to present law.
2		-	Act 187 of the Regular Session
3	2		LHR022 02/01/2023 04:22:29 PM LHR022
4	3
5	4		State of Arkansas 1
6	5		94th General Assembly A Bill 2
7	6		Regular Session, 2023 SENATE BILL 213 3
8	7		4
9	8		By: Senator Irvin 5
10	9		By: Representative L. Johnson 6
11	10		7
12	11		For An Act To Be Entitled 8
13	12		AN ACT TO AMEND THE LAW REGARDING SCREEN ED-OUT, 9
14	13		PENDING, AND UNFOUND ED REPORTS OF ADULT MALTREATMENT 10
15	14		OR LONG-TERM CARE FACILITY R ESIDENT MALTREATMENT ; TO 11
16	15		EXPAND THE AVAILABIL ITY OF SCREENED-OUT REPORTS OF 12
17	16		ADULT MALTREATMENT O R LONG-TERM CARE FACILITY 13
18	17		RESIDENT MALTREATMENT; TO AMEND AMBIGUOUS LANG UAGE 14
19	18		REGARDING THE AVAILA BILITY OF PENDING AN D UNFOUNDED 15
20	19		REPORTS OF ADULT MAL TREATMENT OR LONG-TERM CARE 16
21	20		FACILITY RESIDENT MA LTREATMENT; AND FOR OTHER 17
22	21		PURPOSES. 18
23	22		19
24	23		20
25	24		Subtitle 21
26	25		TO EXPAND THE AVAILABILITY OF SCREENED -22
27	26		OUT REPORTS OF ADULT MALTREATMENT OR 23
28	27		LONG-TERM CARE FACILITY RESIDENT 24
29	28		MALTREATMENT. 25
30	29		26
31	30		27
32	31		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 28
33	32		29
34	33		SECTION 1. Arkansas Code § 12 -12-1718(a)-(c), concerning the 30
35	34		availability of screened -out reports of adult maltreatment or long -term care 31
36	35		facility resident maltreatment, is amended to read as follows: 32
37	36		(a)(1) A record of a screened -out report of adult maltreatment or 33
38	37		long-term care facility resident maltreatment shall not be disclosed except 34
39	38		to: 35
40	39		(A) the The office of the Attorney General ,; 36 SB213
41	40
42	41		2 02/01/2023 04:22:29 PM LHR022
43	42
44	43
45	44		(B) the A prosecuting attorney , and an; 1
46	45		(C) An appropriate law enforcement agency ; 2
47	46		(D) A current employer of the person named as the alleged 3
48	47		offender, if the employer made the initial report; and 4
49	48		(E) A board or government entity responsible for licensing 5
50	49		or registering the person named as the alleged offender. and may be used only 6
51	50		within the 7
52	51		(2) The Department of Human Services may only use a screened -out 8
53	52		report of adult maltreatment or long -term care facility resident maltreatment 9
54	53		for the purposes of administration of the program. 10
55	54		(b)(1) A pending report, including protected health information, is 11
56	55		confidential and shall be made available only to: 12
57	56		(A) The department, including the Death Review Committee 13
58	57		of the Department of Human Services; 14
59	58		(B) A law enforcement agency; 15
60	59		(C) A prosecuting attorney; 16
61	60		(D) The office of the Attorney General; 17
62	61		(E) A circuit court having jurisdiction pursuant to a 18
63	62		petition for emergency, temporary, long-term protective custody, or 19
64	63		protective services; 20
65	64		(F) A grand jury or court, upon a finding that the 21
66	65		information in the report is necessary for the determination of an issue 22
67	66		before the grand jury or court; 23
68	67		(G) A person or provider identified by the department as 24
69	68		having services needed by the maltreated person; 25
70	69		(H) Any applicable licensing or registering authority; 26
71	70		(I) Any employer, legal entity, or board responsible for 27
72	71		the person named as the offender A current employer of the person named as 28
73	72		the alleged offender, if the employer made the initial report; 29
74	73		(J) Any legal entity or board responsible for the 30
75	74		maltreated person A board or government entity responsible for licensing or 31
76	75		registering the person named as the alleged offender; and 32
77	76		(K) The Office of Medicaid Inspector General. 33
78	77		(2) The subject of the report may only be advised that a report 34
79	78		is pending. 35
80	79		(c) Upon satisfaction of due process and if an allegation was 36 SB213
81	80
82	81		3 02/01/2023 04:22:29 PM LHR022
83	82
84	83
85	84		determined to be unfounded, the investigative report, including protected 1
86	85		health information, is confidential and shall be made available only to: 2
87	86		(1) The department, including the committee; 3
88	87		(2) A law enforcement agency; 4
89	88		(3) A prosecuting attorney; 5
90	89		(4) The office of the Attorney General; 6
91	90		(5) Any applicable licensing or registering authority; 7
92	91		(6) Any person named as a subject of the report or that person's 8
93	92		legal guardian; 9
94	93		(7) A circuit court having jurisdiction pursuant to a petition 10
95	94		for emergency, temporary, long-term protective custody, or protective 11
96	95		services; 12
97	96		(8) A grand jury or court, upon a finding that the information 13
98	97		in the record is necessary for the determination of an issue before the grand 14
99	98		jury or court; 15
100	99		(9) A person or provider identified by the department as having 16
101	100		services needed by the person; 17
102	101		(10) Any employer, legal entity, or board responsible for the 18
103	102		person named as the offender A current employer of the person named as the 19
104	103		alleged offender, if the employer made the initial report; 20
105	104		(11) Any legal entity or board responsible for the maltreated 21
106	105		person A board or government entity responsible for licensing or registering 22
107	106		the person named as the alleged offender; and 23
108	107		(12) The Office of Medicaid Inspector General. 24
109	108		25
110	109		26
111		-	~~APPROVED: 3/2/23~~ 27
	110	+	27
112	111		28
113	112		29
114	113		30
115	114		31
116	115		32
117	116		33
118	117		34
119	118		35
120	119		36