AAC
AG OPINIONS
AG Opinions: RDA hospital licenses and EMS districts
AG OPINION NO. 2019-002 Te 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 unincor-
porated areas of the county and within the city limits of cities with a popula- tion 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 facili- ties in the unincorporated areas of the county and cities with populations not to exceed 9,000.
AG OPINION NO. 2018-081 Te Attorney General explained that an EMS, Emergency Medical Services, under Ark. Code §20-13-305, estab- lishes 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. Tere 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-ex- clusive licenses or franchises. Te AAC website has posted the Ambulance Ser- vices Guidebook 2015 which includes the various sections of Arkansas Code and Attorney General opinions relating to ambulance services.
Mark Whitmore AAC Chief Counsel
We want to hear from YOU
Tell us your good news. Here at the AAC we love the opportunity to visit with county and district of- ficials. We want to know about your celebrations, ribbon cuttings, ground breakings, grand openings, community service work, and more. Give us a shout, and we’ll do our best to be there. Also, let us know if an aspect of county govern- ment “made news” recently in your county. Or if your county officials or staff get an award, appoint- ment or pat on the back. We want the whole state to know about your successes and accomplishments. Contact Communications Director Christy L. Smith at
csmith@arcounties.org.
16 COUNTY LINES, SUMMER 2019
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