Arkansas Code Title 20. Public Health and Welfare § 20-8-107. Health facilities--Expansion or construction

(a) Unless otherwise provided in this subchapter, all health facilities seeking to add new beds or perform additional home health services or to expand existing bed capacity shall apply for a permit approving additional beds or services or expanded bed capacity or services pursuant to procedures and criteria promulgated by the Health Services Permit Commission, except an additional permit shall not be required for home health services agencies currently licensed by the Department of Health to expand geographic service areas if the home health services agency has a primary or branch office located within one hundred (100) miles of the location of the services.

(b) The commission may authorize the Health Services Permit Agency to enjoin construction or expansion of existing facilities of any project commenced in violation of this subchapter through an action filed in the circuit court of the judicial district in which the project is located.

(c) In no event shall the requirements of this subchapter apply to any facility licensed or approved as of March 1, 2003, by the Child Welfare Agency Review Board pursuant to the Child Welfare Agency Licensing Act, § 9-28-401 et seq., and as specifically exempted by § 9-28-407(a)(3).

(d) Beginning July 1, 2005, the Health Services Permit Agency may not accept applications or requests for permits of approval to add new beds or to expand existing bed capacity of residential care facilities.