Ark. Code Ann. § 20-8-104 (2020)
Health Services Permit Agency — Powers and duties
- There is created and established the Health Services Permit Agency, which shall be under the supervision and control of the Department of Health.
- The agency, under the administration of the department, shall possess and exercise such duties and powers as necessary to implement the policy and procedures adopted by the Health Services Permit Commission.
- The agency, under the administration of the department, shall review all applications for permits of approval and approve or deny the application within ninety (90) days from the date the application is deemed complete and submitted for review.
- The State of Arkansas shall not participate in the capital expenditures review program, otherwise known as the “1122 Program”, unless it becomes mandatory for continuation in federal programs authorized under Title V of the Social Security Act, 42 U.S.C. § 701 et seq., Title XIV of the Social Security Act, 42 U.S.C. § 1351 et seq., and Title XVII of the Social Security Act, 42 U.S.C. § 1391 et seq., for all states.
- The agency, under the administration of the department, shall assist the commission in the performance of its duties under this subchapter.
History. Acts 1987, No. 593, § 4; 2001, No. 1800, § 9; 2019, No. 910, § 4955.
Amendments. The 2019 amendment, in (a), deleted “an independent agency” preceding “under” and substituted “Department of Health” for “Governor”; and inserted “under the administration of the Department of Health” in (b), (c), and (e).
Case Notes
Review.
Permits of approval will only be issued, denied or withdrawn by the agency with the commission's endorsement or under the direction of an appropriate court. Riverways Home Care v. Ark. Health Servs. Comm'n, 309 Ark. 452, 831 S.W.2d 611 (1992) (decision under prior law).
—Administrative.
Under former § 20-8-103(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 subsection (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).
—Judicial.
On review of agency decisions, the court determines whether an agency's interpretation of its regulations is reasonable and, although not binding on the court, an agency's interpretation of its own rules is persuasive. Beverly Enterprises-Arkansas, Inc. v. Ark. Health Servs. Comm'n, 308 Ark. 221, 824 S.W.2d 363 (1992).
Arkansas Health Services Commission's new rule that allowed the Commission to disregard the overall county occupancy requirement one time in order to approve a 70-bed nursing home facility in a single county where the projected need for the county exceeded the “existing” beds by 250 or more beds was not arbitrary special or local legislation because it was conceivable that other counties in the state would, in the future, come under the rule's provisions. Ark. Health Servs. Comm'n v. Reg'l Care Facilities, Inc., 351 Ark. 331, 93 S.W.3d 672 (2002).
Cited: Ark. Health Servs. Comm'n v. Area Agency on Aging, 303 Ark. 38, 792 S.W.2d 321 (1990); ABC Home Health of Ark., Inc. v. Ark. Health Servs. Comm'n, 326 Ark. 573, 932 S.W.2d 331 (1996).