Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 SENATE BILL 120 3
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By: Senator C. Penzo 5
By: Representatives J. Mayberry, Unger, Rye 6
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For An Act To Be Entitled 8
AN ACT TO REQUIRE LICENSURE FOR ALL PRIVATE CARE 9
AGENCIES IN THIS STATE; TO ENSURE CONSUMER PROTECTION 10
FOR VULNERABLE AGING ADULTS; AND FOR OTHER PURPOSES. 11
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Subtitle 14
TO REQUIRE LICENSURE FOR ALL PRIVATE 15
CARE AGENCIES IN THIS STATE; AND TO 16
ENSURE CONSUMER PROTECTION FOR 17
VULNERABLE AGING ADULTS. 18
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 20
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SECTION 1. DO NOT CODIFY. Legislative findings and intent. 22
(a) The General Assembly finds that: 23
(1) Personal care service providers are a vital component in the 24
recovery from an illness or injury and in the treatment of chronic conditions 25
for vulnerable aging adults; 26
(2) Consumers should have confidence when securing a personal 27
care service provider that all employees are adequately trained to care for 28
the needs of vulnerable aging adults; and 29
(3) All personal care service providers should be subject to the 30
same rules. 31
(b) It is the intent of the General Assembly to ensure that all 32
private care agencies have the same licensure process in addition to the 33
certification by the Department of Human Services. 34
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SECTION 2. Arkansas Code §§ 20 -10-2302 — 20-10-2304 are amended to 36 SB120
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read as follows: 1
20-10-2302. Definitions. 2
As used in this subchapter, “private care agency” means a provider that 3
is certified by the Division of Provider Services and Quality Assurance as a 4
provider of home- and community-based health services licensed by the State 5
Board of Health as a provider of personal care services and that: 6
(1) Furnishes in-home staffing services for personal and 7
attendant care services; and 8
(2) Retains liability insurance of not less than one million 9
dollars ($1,000,000) to cover its employees and independent contractors while 10
its employees and independent contractors are engaged in providing personal 11
and attendant care services. 12
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20-10-2303. Private care agencies eligible for Medicaid reimbursement. 14
The Division of Medical Services shall take such action as required by 15
the Centers for Medicare & Medicaid Services to amend the Arkansas Medicaid 16
Manual to include private care agencies that : 17
(1) Provide provide personal care services twenty -four (24) 18
hours a day and seven (7) days a week as a qualified healthcare provider that 19
is eligible for Medicaid reimbursement ; and 20
(2) Are certified by the Division of Provider Services and 21
Quality Assurance as a provider of home - and community-based health services . 22
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20-10-2304. Rules. 24
(a) The State Board of Health shall promulgate rules necessary to 25
implement this subchapter. 26
(b) To be eligible for reimbursement under this subchapter, the a 27
private care agency shall provide personal care services that comply with 28
rules promulgated by the board and be certified by the Division of Provider 29
Services and Quality Assurance as a provider of home - and community-based 30
health services. 31
(c) The board shall: 32
(1) Establish a separate licensure category for private care 33
agencies that provide personal care services twenty-four (24) hours a day and 34
seven (7) days a week ; 35
(2)(A) Adopt, promulgate, and enforce rules and standards as 36 SB120
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necessary to implement this subchapter. 1
(B) A rule adopted to implement this subchapter shall be 2
amended or repealed by the board as in the interest of the public through the 3
Arkansas Administrative Procedure Act, § 25 -15-201 et seq.; 4
(3) Require that: 5
(A)(i) A qualified supervisor shall establish the 6
frequency of in-person supervisory visits as part of the patient's plan of 7
care based on the specific needs of the patient and the recommendations of 8
the registered nurse. 9
(ii) The frequency of in -person visits shall be at 10
least annually. 11
(iii)(a) A qualified supervisor shall be a 12
licensed nurse or have completed two (2) years of full -time study at an 13
accredited institution of higher education. 14
(b) An individual who has a high school 15
diploma or general equivalency diploma may substitute one (1) year of full -16
time employment in a supervisory capacity in a healthcare facility or 17
community-based agency for one (1) year at an institution of higher 18
education; and 19
(B) A private care agency maintain a primary location in 20
Arkansas and a sufficient number of regional offices to adequately service 21
the administrative needs of the private care agency and the patients of the 22
private care agency; and 23
(4) Not require: 24
(A) A registered nurse to visit a patient every sixty -two 25
(62) days to supervise services; or 26
(B) A branch office of a private care agency to be within 27
a one-hundred-mile radius of a patient's home. 28
(3) Require that an employee, independent contractor, or agent 29
who is providing personal care services on behalf of the private care agency: 30
(A) Submit to: 31
(i) A federal criminal background check; 32
(ii) Fingerprinting; and 33
(iii) A check of registries of this state or another 34
state, including without limitation a child maltreatment registry, an adult 35
maltreatment registry, or a sex offender registry; and 36 SB120
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(B)(i) Complete forty (40) hours of training as determined 1
by the board. 2
(ii) Subdivision (c)(3)(B)(i) of this section does 3
not apply to an employee, independent contractor, or agent who has been 4
providing personal care services on behalf of the private care agency on or 5
before January 1, 2026; and 6
(4) Establish an annual licensure fee of one thousand dollars 7
($1,000) for a private care agency. 8
(d) The Department of Health shall implement the board's rules and 9
supervise the conduct of the private care agencies as defined under this 10
subchapter. 11
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SECTION 3. Arkansas Code Title 20, Chapter 10, Subchapter 23, is 13
amended to add an additional section to read as follows: 14
20-10-2305. Requirements for a private care agency. 15
(a) The State Board of Health shall require that a private care 16
agency: 17
(1)(A) Has a qualified supervisor that establishes the frequency 18
of in-person supervisory visits as part of a patient's plan of care based on 19
the specific needs of the patient and the recommendations of the registered 20
nurse. 21
(B) The frequency of in -person visits shall be at least 22
annually. 23
(C)(i) A qualified supervisor shall be a licensed nurse or 24
have completed two (2) years of full -time study at an accredited institution 25
of higher education. 26
(ii) An individual who has a high school diploma or 27
general equivalency diploma may substitute one (1) year of full -time 28
employment in a supervisory capacity in a healthcare facility or community -29
based agency for one (1) year at an institution of higher education; and 30
(2) Maintains a primary location in Arkansas and a sufficient 31
number of regional offices to adequately service the administrative needs of 32
the private care agency and the patients of the private care agency. 33
(b) The board shall not require a private care agency to have: 34
(1) A registered nurse to visit a patient every sixty -two (62) 35
days to supervise services; or 36 SB120
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(2) A branch office of a private care agency to be within a one -1
hundred-mile radius of a patient's home. 2
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