AG Opinions

AAC AG OPINIONS AG Opinions: RDA hospital licenses and EMS districts

AG OPINION NO. 2019-002

The Attorney General determined that in light of Act 830 of 2019 Rural Development Authorities (RDAs) in Arkansas can now fund, acquire, own, operate or possess a hospital or a critical access hospital license. Traditionally, the Rural Development Act enacted in 1963 authorized RDAs for funding public projects in rural Arkansas to address unemployment, the lack of economic development, the patterns of land use that contribute to erosion and depleted soil fertility. RDAs also were formed to control surface waters and conservation of water sources. Act 830 of 2019 made explicit that health care facilities are essential to economic development of the rural areas of Arkansas. RDA areas of operation now include the unincorporated areas of the county and within the city limits of cities with a population of 9,000 people or less (prior to Act 830 the threshold included cities with a population of 5,500 or less). Following Act 830 the RDAs in Arkansas can now function to acquire, construct, operate, maintain and improve health care facilities in the unincorporated areas of the county and cities with populations not to exceed 9,000.

AG OPINION NO. 2018-081

The Attorney General explained that an EMS, Emergency Medical Services, under Ark. Code §20-13-305, establishes EMS districts and a fee upon the residents of the district to fund the emergency medical ambulance services. In contrast, the issuance of a license for an ambulance emergency services under Ark. 14-266-105, Ambulance Licensing Act, simply authorizes the service entity to provide the service in the area covered by the license. There is no basis under the Ambulance License Act to create a fee upon residents to pay for ambulance services. Act 1122 of 2015 amended the Ambulance Licensing Act to provide counties the same capacities as cities to issue exclusive or non-exclusive licenses or franchises. The AAC website has posted the Ambulance Services Guidebook 2015 which includes the various sections of Arkansas Code and Attorney General opinions relating to ambulance services.

Mark Whitmore AAC Chief Counsel

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