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Arkansas Code Annotated

Ark. Code Ann. § 20-8-103 (2020)

Health Services Permit Commission — Powers and duties

✓ Arkansas Code release r76: Acts through about 2020 (2021-2025 sessions missing)
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  1. The Health Services Permit Commission shall evaluate the availability and adequacy of health facilities and health services as they relate to long-term care facilities and home healthcare service agencies in this state.
  2. The commission shall designate those locales or areas of the state in which, due to the requirements of the population or the geography of the area, the health service needs of the population are underserved.
  3. The commission may specify, within locales or areas, categories of health services which are underserved or overserved due to the composition or requirements of the population or the geography of the area.
  4. The commission shall develop policies and adopt criteria, including time limitations, to be utilized by the Health Services Permit Agency in the review of applications and the issuing of permits of approval for a long-term care facility or a home healthcare service agency as provided in this subchapter.
  5. The commission may define certain underserved locales or areas or categories of services within underserved locales or areas to be exempt for specified periods of time from the permit-of-approval requirement.
  6. The commission may set application fees for permit-of-approval applications to be charged and collected by the agency.
    1. Upon appeal by the applicant or an interested party, the commission shall conduct hearings on decisions by the agency within ninety (90) days of the agency decision. The commission shall render its final decision within fifteen (15) days of the close of the hearing. Failure of the commission to take final action within these time periods shall be considered a ratification of the agency decision and shall constitute the final decision of the commission from which an appeal to circuit court may be filed.
    2. Neither a competitor of a successful applicant for a permit of approval nor any other party shall have the right to appeal the commission's decision to grant a permit of approval.

History. Acts 1987, No. 593, § 3; 1987 (1st Ex. Sess.), No. 40, §§ 4, 5; 1989, No. 422, §§ 3-5; 2001, No. 1800, § 8.

Case Notes

Review.

—Agency Recommendation.

Under former subsection (f), the commission must review agency recommendations and either endorse or reject them, whether the agency makes a timely recommendation on an application, or fails to act under § 20-8-104(d), in which case the application is deemed approved because of the agency's inaction. Riverways Home Care v. Ark. Health Servs. Comm'n, 309 Ark. 452, 831 S.W.2d 611 (1992) (decision under prior law).

This chapter provides administrative procedural redress for review of the commission's approval of a permit to construct a nursing home facility, as is evident from the provisions of this section by which the General Assembly provided for the review of agency recommendations, which the commission may endorse or reject; while subsection (g)(1) provides that the commission, upon appeal by the applicant, must conduct hearings on permits of approval by the agency, there is nothing in this language, or that in former subsection (f), that would prevent an applicant from requesting the review of the agency's recommendations or the approval of a permit. Regional Care Facilities, Inc. v. Rose Care, Inc., 322 Ark. 780, 912 S.W.2d 406 (1995) (decision under prior law).

—Judicial.

Provided the commission follows its procedures and considers its own review criteria, the ultimate decision to grant a permit of approval is a discretionary one for the commission to make; the court will uphold the commission's exercise of its discretion in reaching this decision if it is supported by substantial evidence and is not arbitrary, capricious, or an abuse of its discretion. Beverly Enterprises-Arkansas, Inc. v. Ark. Health Servs. Comm'n, 308 Ark. 221, 824 S.W.2d 363 (1992).

To set aside the commission's action as arbitrary and capricious, a party must prove that the action was a willful and unreasoning action, made without consideration and with a disregard of the facts or circumstances of the case. Beverly Enterprises-Arkansas, Inc. v. Ark. Health Servs. Comm'n, 308 Ark. 221, 824 S.W.2d 363 (1992).

Cited: ABC Home Health of Ark., Inc. v. Ark. Health Servs. Comm'n, 326 Ark. 573, 932 S.W.2d 331 (1996); Ark. Residential Assisted Living Ass'n v. Ark. Health Servs. Permit Comm'n, 364 Ark. 372, 220 S.W.3d 665 (2005).

Notes of Decisions
Cited in 9 cases, 1992–2009 · leading case: Beverly Enter.-Arkansas, Inc. v. Arkansas Health Servs. Comm'n, 824 S.W.2d 363 (Ark. 1992).
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Beverly Enter.-Arkansas, Inc. v. Arkansas Health Servs. Comm'n, 824 S.W.2d 363 (Ark. 1992). · cites it 3× “In fulfillment of one of its statutory duties stated in Ark. Code Ann. § 20-8-103 (b) (Repl. 1991), the Commission determined there was a need for additional nursing home beds in Drew County.”
Olsten Health Servs., Inc. v. Arkansas Health Servs. Comm'n, 12 S.W.3d 656 (Ark. Ct. App. 2000). · cites it 2× “See Ark. Code Ann. § 20-8-103 (h) (Repl. 1991).”
Reg'l Care Facilities, Inc. v. Rose Care, Inc., 912 S.W.2d 406 (Ark. 1995). · cites it 2× “To support its argument, Rose Care cites Ark. Code Ann. § 20-8-106 (d) (Repl. 1990) and contends the statutes only contemplate review of the Commission’s denial, not approval, of a POA.”
Arkansas Residential Assisted Living Ass'n v. Arkansas Health Servs. Permit Comm'n, 220 S.W.3d 665 (Ark. 2005). · cites it 10× “” Further, under Ark. Code Ann. § 20-8-103 (b) (Supp. 2003), the Commission “shall designate those locales or areas of the state in which .”
Riverways Home Care v. Arkansas Health Servs. Comm'n, 831 S.W.2d 611 (Ark. 1992). · cites it 3× “Our analysis of Ark. Code Ann. § 20-8-103 (f) and (h) and the Commission’s enabling rules supports Spring River’s argument.”
Wagnon v. Arkansas Health Servs. Agency, 40 S.W.3d 849 (Ark. Ct. App. 2001). · cites it 2× “Because appellant also failed to obtain a ruling by the Commission or circuit court on this argument, we need not decide it. In any event, it is abundantly clear, at this stage of the proceedings, that the Commission has endorsed the Agency’s return of appellant’s application.”
Quapaw Care & Rehab. v. Arkansas Health Servs. Permit Comm'n, 2009 Ark. 356, 325 S.W.3d 269. · cites it 17× “See Ark.Code Ann. § 20-8-103. Pursuant to section 20-8-103, the Commission is charged with evaluating the availability and adequacy of health facilities and health services as they relate to long-term care facilities and home health care service agencies.”
Ark. Res. Asstd. Liv. v. Ark. Health Serv., 220 S.W.3d 665 (Ark. 2005). · cites it 10× “2003), the Commission "shall designate those locales or areas of the state in which . .”
ABC Home Health of Arkansas, Inc. v. Arkansas Health Servs. Comm'n, 932 S.W.2d 331 (Ark. 1996). · cites it 2× “This appeal requires our interpretation of the statute on the powers and duties of the Arkansas Health Services Commission and the Arkansas Health Services Agency, Ark. Code Ann. §§ 20-8-103 and 20-8-104 (Repl.”
Ark. Code Ann. § 20-8-103(a): 2 cases
Quapaw Care & Rehab. v. Arkansas Health Servs. Permit Comm'n, 2009 Ark. 356, 325 S.W.3d 269. “See Ark.Code Ann. § 20-8-103. Pursuant to section 20-8-103, the Commission is charged with evaluating the availability and adequacy of health facilities and health services as they relate to long-term care facilities and home health care service agencies.”
Ark. Res. Asstd. Liv. v. Ark. Health Serv., 220 S.W.3d 665 (Ark. 2005). “2003), the Commission "shall designate those locales or areas of the state in which . .”
Ark. Code Ann. § 20-8-103(b): 1 case
Ark. Res. Asstd. Liv. v. Ark. Health Serv., 220 S.W.3d 665 (Ark. 2005). “2003), the Commission "shall designate those locales or areas of the state in which . .”
Ark. Code Ann. § 20-8-103(c): 1 case
Ark. Res. Asstd. Liv. v. Ark. Health Serv., 220 S.W.3d 665 (Ark. 2005). “2003), the Commission "shall designate those locales or areas of the state in which . .”
Ark. Code Ann. § 20-8-103(d): 1 case
Quapaw Care & Rehab. v. Arkansas Health Servs. Permit Comm'n, 2009 Ark. 356, 325 S.W.3d 269. “See Ark.Code Ann. § 20-8-103. Pursuant to section 20-8-103, the Commission is charged with evaluating the availability and adequacy of health facilities and health services as they relate to long-term care facilities and home health care service agencies.”
Ark. Code Ann. § 20-8-103(f): 1 case
Riverways Home Care v. Arkansas Health Servs. Comm'n, 831 S.W.2d 611 (Ark. 1992). “Our analysis of Ark. Code Ann. § 20-8-103 (f) and (h) and the Commission’s enabling rules supports Spring River’s argument.”
Ark. Code Ann. § 20-8-103(g)(2): 1 case
Quapaw Care & Rehab. v. Arkansas Health Servs. Permit Comm'n, 2009 Ark. 356, 325 S.W.3d 269. “See Ark.Code Ann. § 20-8-103. Pursuant to section 20-8-103, the Commission is charged with evaluating the availability and adequacy of health facilities and health services as they relate to long-term care facilities and home health care service agencies.”
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