Arkansas Code Annotated

Ark. Code Ann. § 20-8-104 (2020)

Health Services Permit Agency — Powers and duties

✓ Arkansas Code release r76: Acts through about 2020 (2021-2025 sessions missing)
Find cases: SyfertCases citing this section JustiaArk. Code CornellLII Search CasesGoogle Scholar
  1. There is created and established the Health Services Permit Agency, which shall be under the supervision and control of the Department of Health.
  2. 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.
  3. 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.
  4. 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.
  5. 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Permits of approval will only be issued, denied or withdrawn by the agency with the commission's endorsement or under the direction of an appropriate court.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).

Notes of Decisions
Cited in 8 cases, 1990–2009 · leading case: Beverly Enter.-Arkansas, Inc. v. Arkansas Health Servs. Comm'n, 824 S.W.2d 363 (Ark. 1992).
Beverly Enter.-Arkansas, Inc. v. Arkansas Health Servs. Comm'n, 824 S.W.2d 363 (Ark. 1992). · cites it 4× “In accordance with Ark. Code Ann. § 20-8-104 (d) (Repl. 1991) and the Commission’s Policies and Procedures For Permit of Approval Review, which the Agency is authorized to implement pursuant to Ark.”
Riverways Home Care v. Arkansas Health Servs. Comm'n, 831 S.W.2d 611 (Ark. 1992). · cites it 8× “In its first point for reversal, Riverways claims the Agency, in reviewing Riverways’ application, failed to meet the time requirement of Ark. Code Ann. § 20-8-104 (d) (1991), which provides, as follows: (d) The Health Services Agency shall review all applications for permits of…”
Arkansas Health Servs. Comm'n v. Reg'l Care Facilities, Inc., 93 S.W.3d 672 (Ark. 2002). · cites it 2× “See Ark. Code Ann. § 20-8-104 (d) (Repl. 1991).”
Olsten Health Servs., Inc. v. Arkansas Health Servs. Comm'n, 12 S.W.3d 656 (Ark. Ct. App. 2000). · cites it 2× “§ 20-8 -103© (Repl. 1991). To evaluate the need for additional home health-care services in a region, the Commission uses population-based criteria.”
Arkansas Residential Assisted Living Ass'n v. Arkansas Health Servs. Permit Comm'n, 220 S.W.3d 665 (Ark. 2005). · cites it 2× “” According to Ark. Code Ann. § 20-8-103 (a) and Ark. Code Ann.”
Arkansas Health Servs. Comm'n v. Area Agency on Aging, 792 S.W.2d 321 (Ark. 1990). · cites it 4× “The trial court ruled that, because the Agency failed to submit its recommendation to the Commission within 90 days, as required by Ark. Code Ann. § 20-8-104 (d) (Supp. 1989), the application must be automatically approved.”
Quapaw Care & Rehab. v. Arkansas Health Servs. Permit Comm'n, 2009 Ark. 356, 325 S.W.3d 269. · cites it 4× “” Ark.Code Ann. § 20-8-104(a) (Repl.2005). The Agency is charged with reviewing and processing applications for permits of approval and is required to approve or deny the application within ninety days from the date the application is deemed complete and submitted for review.”
Ark. Res. Asstd. Liv. v. Ark. Health Serv., 220 S.W.3d 665 (Ark. 2005). · cites it 2× “§ 20-8-103(a) and Ark.Code Ann. § 20-8-104 (Supp.2003), the Commission is to evaluate the adequacy of health facilities, and through the Health Services Permit Agency, the Commission is responsible for permitting of health facilities.”
Ark. Code Ann. § 20-8-104(a): 1 case
Quapaw Care & Rehab. v. Arkansas Health Servs. Permit Comm'n, 2009 Ark. 356, 325 S.W.3d 269. “” Ark.Code Ann. § 20-8-104(a) (Repl.2005). The Agency is charged with reviewing and processing applications for permits of approval and is required to approve or deny the application within ninety days from the date the application is deemed complete and submitted for review.”
Ark. Code Ann. § 20-8-104(c): 1 case
Quapaw Care & Rehab. v. Arkansas Health Servs. Permit Comm'n, 2009 Ark. 356, 325 S.W.3d 269. “” Ark.Code Ann. § 20-8-104(a) (Repl.2005). The Agency is charged with reviewing and processing applications for permits of approval and is required to approve or deny the application within ninety days from the date the application is deemed complete and submitted for review.”
Ark. Code Ann. § 20-8-104(d): 1 case
Riverways Home Care v. Arkansas Health Servs. Comm'n, 831 S.W.2d 611 (Ark. 1992). “In its first point for reversal, Riverways claims the Agency, in reviewing Riverways’ application, failed to meet the time requirement of Ark. Code Ann. § 20-8-104 (d) (1991), which provides, as follows: (d) The Health Services Agency shall review all applications for permits of…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.