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AR HB1498

Bill

Status

Failed

10/15/2021

Primary Sponsor

Jimmie Gazaway

Click for details

Origin

House of Representatives

93rd General Assembly (2021 Regular)

AI Summary

  • Amends Arkansas Code § 20-10-1209 to clarify that residents injured by deprivation or infringement of rights at long-term care facilities may bring civil actions under § 16-114-201 et seq. against responsible licensees

  • Allows actions to be brought by the resident, guardian, or personal representative of a deceased resident's estate in any court of competent jurisdiction where the injury occurred or licensee is located

  • Eliminates separate awards of attorney's fees by the court in civil enforcement actions

  • Clarifies that licensees are not liable for medical negligence of physicians rendering care, except for services of the required medical director

  • Specifies that punitive damages may be awarded only for conduct that is willful, wanton, gross, flagrant, reckless, or consciously indifferent to resident rights, and that rights deprivations may be used as evidence of negligence

Legislative Description

Concerning The Civil Enforcement Of Certain Causes Of Action Against A Long-term Care Facility By A Resident Of That Facility.

Last Action

Died in House Committee at Sine Die Adjournment

10/15/2021

Committee Referrals

Public Health, Welfare and Labor2/10/2021

Full Bill Text

No bill text available