The bill proposes a significant shift in the licensing and regulation of psychiatric residential treatment facilities in Arkansas, transferring authority from the Child Welfare Agency Review Board to the Department of Human Services. It establishes new standards for these facilities, including a clear definition of what constitutes a "psychiatric residential treatment facility" and the operational requirements they must meet. A moratorium on the addition of new beds or expansion of existing capacity is introduced, with exceptions allowing for up to 900 additional beds under specific conditions. Any changes in authorized bed capacity will require review and approval from the Legislative Council. The bill also mandates that these facilities provide comprehensive inpatient services directed by a physician and outlines the conditions for admitting children.

In addition to the transfer of regulatory authority, the bill amends various sections of the Arkansas Code, including the definitions related to long-term care facilities and licensure requirements. It establishes that an independent team, including a physician with mental health expertise, must develop a comprehensive individual care plan for residents, ensuring continuity of care post-discharge. The bill introduces the definition of "excluded child welfare agency," which pertains to entities licensed by the Department of Human Services or the Department of Health and enrolled in the Arkansas Medicaid Program, exempting them from certain provisions. Significant deletions include the removal of the previous definition of "psychiatric residential treatment facility" and the repeal of sections governing the admission of children, streamlining the regulatory framework while aiming to enhance the quality of care for children in these facilities. An emergency clause is included to address the urgent need for licensed beds, emphasizing the immediate necessity for public health and safety.

Statutes affected:
Old version HB1653 V2 - 3-5-2025 10:07 AM: 20-8-107, 20-10-101(1), 20-10-101(9), 20-10-101, 20-10-110(a), 9-28-402(8), 9-28-402(12), 9-28-402(18), 9-28-402(22), 9-28-402, 9-28-403(a), 9-28-404(a), 9-28-407(a)
Old version HB1653 V3 - 3-31-2025 01:35 PM: 20-8-107(c), 20-10-101(1), 20-10-101(9), 20-10-101, 20-10-110(a), 03-31-2025, 20-10-402, 20-10-203(b), 20-10-212, 20-10-301, 20-10-303, 20-10-403, 20-10-405(b), 20-10-405(a), 20-10-407, 20-10-404(a), 20-10-405, 20-10-407(a), 9-28-402(8), 9-28-402(12), 9-28-402(18), 9-28-402(22), 9-28-402, 9-28-403(a), 9-28-404(a), 9-28-407(a), 9-28-407(f), 9-28-416, 6-4-302
Old version HB1653 Original - 3-4-2025 09:31 AM: 20-8-107, 20-10-101(1), 20-10-101(9), 20-10-101, 20-10-110(a), 9-28-402(8), 9-28-402(12), 9-28-402(18), 9-28-402(22), 9-28-402, 9-28-403(a), 9-28-404(a), 9-28-407(a)
HB 1653: 20-8-107, 20-10-101(1), 20-10-101(9), 20-10-101, 20-10-110(a), 9-28-402(8), 9-28-402(12), 9-28-402(18), 9-28-402(22), 9-28-402, 9-28-403(a), 9-28-404(a), 9-28-407(a)
Act 636: 20-8-107(c), 20-10-101(1), 20-10-101(9), 20-10-101, 20-10-110(a), 03-31-2025, 20-10-402, 20-10-203(b), 20-10-212, 20-10-301, 20-10-303, 20-10-403, 20-10-405(b), 20-10-405(a), 20-10-407, 20-10-404(a), 20-10-405, 20-10-407(a), 9-28-402(8), 9-28-402(12), 9-28-402(18), 9-28-402(22), 9-28-402, 9-28-403(a), 9-28-404(a), 9-28-407(a), 9-28-407(f), 9-28-416, 6-4-302