Arkansas - Assisted Living Facility — Licensing, Medicaid Enrollment and Startup Requirements
Last reviewed: 2026-09-09
The Arkansas Department of Human Services (DHS) Division of Provider Services and Quality Assurance (DPSQA) licenses Assisted Living Facilities under Level I and Level II designations, with Level II required to deliver services through the Medicaid 1915(c) Living Choices Assisted Living Waiver. Facilities combine housing, personal care, and supervision for individuals medically eligible for nursing home level of care.
Applicants must secure a Permit of Approval (P-o-A) from the Health Services Permit Commission or Health Services Permit Agency before submitting an initial licensure application. Medicaid enrollment requires the Level II license and registration of all personal care aides in the state's Electronic Visit Verification (EVV) system.
1. Service Definition and Scope
Arkansas defines assisted living through two distinct licensure levels. Level II facilities provide housing, personal care, and nursing services to individuals meeting nursing facility level of care, funded primarily through the Living Choices Assisted Living Waiver.
Waiver services include personal care, homemaker, chore, attendant care, companion, transportation, and medication oversight. Room and board costs are excluded from Medicaid reimbursement and must be paid directly by the resident.
- Level I License: authorizes housing and services for individuals not medically eligible for nursing home level of care.
- Level II License: authorizes housing and services for individuals receiving services through the Medicaid 1915(c) Living Choices Assisted Living Waiver.
- Waiver Name: Living Choices Assisted Living Waiver program.
- Excluded Costs: Medicaid does not cover room and board; residents pay this from SSI minus a Personal Needs Allowance.
2. Regulatory and Oversight Agencies
Multiple divisions within the Arkansas Department of Human Services (DHS) oversee the licensure, certification, and Medicaid enrollment of assisted living facilities.
The Health Services Permit Agency controls market entry through need-based approvals, while the Division of Medical Services manages the Medicaid waiver rules.
- Licensing Agency: Arkansas DHS Division of Provider Services and Quality Assurance (DPSQA) https://humanservices.arkansas.gov/divisions-shared-services/provider-services-quality-assurance/
- Gatekeeping Agency: Health Services Permit Agency https://healthy.arkansas.gov/programs-services/topics/health-services-permit-agency
- Medicaid Agency: Arkansas DHS Division of Medical Services https://humanservices.arkansas.gov/divisions-shared-services/medical-services/
- Enrollment Portal: Arkansas Medicaid MMIS Provider Portal https://portal.mmis.arkansas.gov/armedicaid/provider/Home/ProviderEnrollment/tabid/477/Default.aspx
3. Gatekeeping Prerequisites: Who Can Even Apply
Arkansas strictly controls the expansion of assisted living facilities through a formal need-review process. An applicant cannot submit a licensure application to DPSQA without first obtaining this specific approval.
The state requires a Permit of Approval (P-o-A) to dictate the exact number of beds a facility is authorized to operate.
- Permit of Approval (P-o-A): required from the Health Services Permit Commission or Health Services Permit Agency before any license application is accepted.
- Bed Capacity Limits: the initial license will only state the number of beds explicitly set forth in the Permit of Approval.
- Existing Structures: existing structures not already licensed as a Level II facility must obtain a new P-o-A to apply.
- Contiguous Land Rule: multiple operations housed in separate buildings on contiguous land are treated as separate facilities requiring independent approvals.
4. Licensure and Certification Requirements
DPSQA issues separate licenses for Level I and Level II beds, even if housed in the same facility. The grant of a Level II license automatically grants Level I authority, but separate licenses reflecting specific bed counts are issued.
Initial licensure requires the submission of building plans and a distinctive facility name that cannot be changed without prior written approval.
- Application Prerequisite: proof of a valid, current Permit of Approval.
- Building Plans: the initial licensure application must be accompanied by one set of building plans.
- Distinctive Name: owners must designate a distinctive name on the application, requiring DHS approval to change.
- Compliance Verification: an initial license is not issued until the Department verifies the facility is in compliance with 20 CAR § 411-201.
5. Medicaid Provider Enrollment
Facilities enroll as Medicaid providers through the Arkansas Medicaid Provider Portal (MMIS). Providers must hold a valid Level II license to enroll for the Living Choices waiver.
Additionally, individual personal care aides employed by the facility must enroll to obtain a Practitioner Identification Number (PIN) for EVV compliance.
- Enrollment System: Arkansas Medicaid MMIS Provider Portal.
- Provider Type: facilities enroll under the specific provider type designated for the Living Choices Assisted Living Waiver.
- Aide Enrollment: personal care aides must enroll as atypical providers (Provider type 95, Specialty code NT) to receive a PIN.
- Contracting: waiver providers must be licensed as a Level II ALF or a Class A Home Health Agency contracted with a Level II ALF.
6. Staffing, Training and Background Checks
Facilities must maintain sufficient staff to meet the 24-hour scheduled and unscheduled needs of residents. Staffing ratios and qualifications are dictated by the Level II licensure rules.
Arkansas mandates that all aides providing personal care components enroll individually in Medicaid to utilize the Electronic Visit Verification (EVV) system.
- EVV Registration: aides must obtain a Practitioner Identification Number (PIN) to document services.
- Aide Qualifications: staff must meet the training and background check requirements outlined in the Level II rules.
- Consultant Pharmacy: facilities must arrange for pharmacy consultant services as part of the waiver requirements.
- 24-Hour Coverage: facilities must provide continuous supervision and ability to respond to unscheduled resident needs.
7. Documentation, Policies and Records
Facilities must maintain comprehensive records of resident care, medication administration, and staff credentials. Bed capacity must be strictly monitored to ensure it never exceeds the licensed limit.
EVV documentation is strictly enforced for the personal care components of the waiver service.
- EVV Documentation: all Medicaid personal care services must be verified and documented in real-time using the state's EVV system.
- Capacity Tracking: facilities must document that they do not accept more residents than the number of beds stated on the license.
- Resident Agreements: clear documentation of the room and board charges versus Medicaid-covered services.
- Name Change Records: written notification and DHS approval records for any facility name changes.
8. Billing, Rates and Claims
Claims are processed through the Arkansas MMIS. Medicaid covers the care component of the assisted living service, while residents are responsible for room and board.
Claims for personal care components will deny if the services are not properly logged in the EVV system by an enrolled aide.
- Room and Board: Medicaid does not pay room and board; residents pay using SSI funds.
- Personal Needs Allowance (PNA): residents retain a PNA from their SSI before paying room and board.
- EVV Claims Gate: claims are only paid if services are entered in the EVV system and the aide is enrolled in Arkansas Medicaid.
- Billing Portal: claims are submitted via the MMIS Provider Portal.
9. Approval Sequence and Timeline
The approval process is strictly sequential, beginning with the Health Services Permit Agency before moving to DPSQA for licensure.
Medicaid enrollment is the final step and cannot be initiated without the Level II license and EVV registration for staff.
- Step 1: obtain a Permit of Approval (P-o-A) from the Health Services Permit Commission.
- Step 2: submit initial licensure application with building plans to DPSQA.
- Step 3: pass DPSQA compliance verification and receive Level II license.
- Step 4: enroll facility and individual aides in the Arkansas Medicaid MMIS portal.
10. Common Denials and Survey Findings
Applications are routinely rejected at the outset if they lack the prerequisite Permit of Approval from the Health Services Permit Agency.
Surveyors frequently cite facilities for exceeding licensed bed capacity or failing to comply with EVV mandates for personal care staff.
- Missing P-o-A: licensure applications submitted without a valid Permit of Approval are denied.
- Bed Overcapacity: operating with more beds or accepting more residents than stated on the license.
- EVV Non-Compliance: failing to enroll aides or log visits in the EVV system results in claim denials.
- Unapproved Name Changes: changing the facility name without prior written DHS approval.
11. Key Contacts and Resources
Primary contacts for prospective providers include the Health Services Permit Agency for initial bed approvals and DPSQA for licensure.
The Arkansas Medicaid Provider Enrollment Unit handles all MMIS and EVV registration inquiries.
- Arkansas Medicaid Provider Enrollment Unit: (501) 376-2211 or (800) 457-4454.
- Health Services Permit Agency: https://healthy.arkansas.gov/programs-services/topics/health-services-permit-agency
- DHS DPSQA: https://humanservices.arkansas.gov/divisions-shared-services/provider-services-quality-assurance/
- Arkansas Medicaid MMIS Portal: https://portal.mmis.arkansas.gov/armedicaid/provider/Home/ProviderEnrollment/tabid/477/Default.aspx
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