Stricken language would be deleted from and underlined language would be added to present law. Act 435 of the Regular Session *JMB037* 03-18-2025 14:06:30 JMB037 State of Arkansas As Engrossed: H2/13/25 S3/18/25 1 95th General Assembly A Bill 2 Regular Session, 2025 HOUSE BILL 1258 3 4 By: Representative L. Johnson 5 By: Senator Irvin 6 7 For An Act To Be Entitled 8 AN ACT TO CREATE THE COMMUNITY HEALTH WORKER ACT; TO 9 ESTABLISH A STATEWIDE CERTIFICATION FOR COMMUNITY 10 HEALTH WORKERS; AND FOR OTHER PURPOSES. 11 12 13 Subtitle 14 TO CREATE THE COMMUNITY HEALTH WORKER 15 ACT; AND TO ESTABLISH A STATEWIDE 16 CERTIFICATION FOR COMMUNITY HEALTH 17 WORKERS. 18 19 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 20 21 SECTION 1. Arkansas Code Title 17, is amended to add an additional 22 chapter to read as follows: 23 CHAPTER 46 24 25 COMMUNITY HEALTH WORKER ACT 26 27 Subchapter 1 - General Provisions 28 29 17-46-101. Title. 30 This chapter shall be known and may be cited as the “Community Health 31 Worker Act”. 32 33 17-46-102. Definitions. 34 As used in this chapter: 35 (1) "Community health worker" means an individual who is a 36 As Engrossed: H2/13/25 S3/18/25 HB1258 2 03-18-2025 14:06:30 JMB037 trusted member of or has an unusually close understanding of the community 1 that he or she is serving as a liaison, link, or intermediary between health 2 services or social services and the community to facilitate access to health 3 services or social services and to improve the quality and cultural 4 competence of the services delivered; 5 (2) “Health benefit plan” means an individual, blanket, or any 6 group plan, policy, or contract for healthcare services issued or delivered 7 in this state by a healthcare insurer, health maintenance organization, 8 hospital medical service corporation, or self -insured governmental or church 9 plan in this state; 10 (3) "Healthcare professional" means a person who is licensed, 11 certified, or otherwise authorized by the laws of this state to administer 12 health care in the ordinary course of the practice of his or her profession; 13 and 14 (4) "Healthcare provider" means: 15 (A) A hospital; 16 (B) An ambulatory surgical center; 17 (C) A primary care center; 18 (D) An outpatient psychiatric center; 19 (E) A home healthcare agency; 20 (F) A skilled nursing facility; or 21 (G) An individual licensed to render covered healthcare 22 services. 23 24 Subchapter 2 - Certifications 25 26 17-46-201. Community health worker — Certification. 27 (a) The Department of Health shall issue a certification to be a 28 community health worker to an individual who: 29 (1) Is eighteen (18) years of age or older; 30 (2) Meets one (1) of the following requirements: 31 (A) He or she is certified as a community health worker by 32 the Arkansas Community Health Worker Association; 33 (B) He or she has worked as a community health worker for 34 two (2) years with one (1) in this state and successfully completes a 35 community health worker training program consisting of one hundred twenty 36 As Engrossed: H2/13/25 S3/18/25 HB1258 3 03-18-2025 14:06:30 JMB037 (120) hours of core competency, including eighty (80) hours of didactic 1 training and forty (40) hours of guided field practice from a school or 2 training program approved by the Arkansas Community Health Worker Association 3 in consultation with the department ; 4 (C) He or she has worked as a community health worker for 5 one (1) year within this state and has met the following requirements as 6 outlined by the Arkansas Community Health Worker Association: 7 (i) Successfully completed eighty (80) hours of 8 supplemental training that supports core competency and professional 9 development; 10 (ii) Been assigned a mentor who is a certified 11 community health worker in this state or is eligible for certification and 12 regularly accessed and communicated with the mentor at least two (2) times 13 per month during the first three (3) months of the mentorship and monthly 14 thereafter; and 15 (iii) Been assigned a supervisor who has completed 16 community health worker supervisor training and regularly accessed and 17 communicated with the supervisor at least two (2) times per week during the 18 first three (3) months of supervision and weekly for the remainder of the 19 year; or 20 (D) He or she has four (4) years of experience that 21 provides evidence of proficiency in the core competencies, with two (2) years 22 of experience being in this state; and 23 (3) Submits an application with an application fee of fifty 24 dollars ($50.00). 25 (c)(1) A certification is valid for two (2) years after the date of 26 issuance. 27 (2) To renew a certification, a community health worker shall: 28 (A) Complete twenty (20) hours of professional 29 developmental and training related to core competencies of a community health 30 worker within the two -year period; and 31 (B) Submit a renewal application with a renewal 32 application fee as determined by the department, in consultation with the 33 Arkansas Community Health Worker Association. 34 (d) The Arkansas Community Health Worker Association, in conjunction 35 with the Division of Higher Education, shall create and maintain a registry 36 As Engrossed: H2/13/25 S3/18/25 HB1258 4 03-18-2025 14:06:30 JMB037 of approved community health worker training programs to be made available to 1 the public. 2 3 17-46-202. Suspension, revocation, nonissuance, or nonrenewal. 4 (a) The Department of Health may suspend, revoke, or refuse to issue 5 or renew the certification of a community health worker for: 6 (1) Securing a certification under this chapter through fraud or 7 deceit; 8 (2) Unethical conduct, gross ignorance, or inefficiency in the 9 conduct of his or her practice; 10 (3) Using a false name or an alias in his or her practice; 11 (4) Violating any provision of this chapter; or 12 (5) Failing to comply with any of the requirements for issuance 13 of the certification. 14 (b) Proceedings under this section shall comply with the Arkansas 15 Administrative Procedure Act, § 25 -15-201 et seq. 16 17 Subchapter 3 - Miscellaneous Provisions 18 19 17-46-301. Scope of practice. 20 A community health worker shall perform only the following types of 21 services: 22 (1) Providing: 23 (A) Cultural mediation among individuals, communities, and 24 health service systems or social services systems, or both; 25 (B) Culturally appropriate health education and 26 information; 27 (C) Care coordination, including without limitation 28 medication compliance under a patient care plan as directed by a healthcare 29 provider or healthcare professional; 30 (D) Case management; 31 (E) Health service system navigation or social services 32 system navigation, or both; 33 (F) Coaching and social support; and 34 (G) Direct services that: 35 (i) In order to be performed, do not require a 36 As Engrossed: H2/13/25 S3/18/25 HB1258 5 03-18-2025 14:06:30 JMB037 professional license under subtitle 3 of this title or specialized training 1 under § 20-77-2301 et seq., such as first aid and diabetic foot checks; or 2 (ii) Are not met by a personal care attendant; 3 (2) Advocating for individuals and communities; 4 (3) Building individual and community capacity; 5 (4) Implementing individual and community assessments, including 6 without limitation: 7 (A) Basic home environmental assessments; and 8 (B) Basic health screening and tests; 9 (5) Conducting outreach, such as health literacy services; and 10 (6) Participating in evaluation and research, including without 11 limitation health education and community research activities. 12 13 17-46-302. Patient and personal data and information. 14 (a) Patient and personal data and information accessed or attained by 15 a community health worker is exempt from disclosure under the Freedom of 16 Information Act of 1967, § 25 -19-101 et seq., and is confidential and 17 privileged as otherwise required by federal law. 18 (b) If a community health worker does not maintain the confidential 19 and privileged nature of the patient data or information, the community 20 health worker shall be subject to any penalty under state and federal law for 21 a breach of confidential patient data or information. 22 23 17-46-303. Community health worker compensation. 24 A community health worker certified under this chapter shall receive 25 compensation for services provided from: 26 (1) The Arkansas Medicaid Program; or 27 (2) A health benefit plan. 28 29 17-46-304. Rules. 30 The Department of Health may promulgate rules relating to the 31 certification and regulation of community health workers under this 32 subchapter. 33 34 /s/L. Johnson 35 APPROVED: 4/3/25 36