On February 3, 2025, Rep. Jack Ladyman (R-Jonesboro) introduced HB1382. The bill requires Disability Rights Arkansas (DRA) as the designated Protection and Advocacy agency for the state and the designated Client Assistance Program (CAP) for the state, to report to the Hospital, Medicaid, and Developmental Disabilities Study Subcommittee of the Legislative Council. Disability Rights Arkansas is an independent, non-profit, non-partisan organization authorized by Federal and State law to protect and advocate for the civil and legal rights of people with disabilities in the State of Arkansas since 1980. DRA services include information and referral, short-term assistance, technical assistance, legal representation, systemic advocacy, monitoring, and training. DRA provides an extra layer of protection to people with disabilities in Arkansas at no cost to the state.
HB1382 is an overreach by the state to exercise oversight of an independent nonprofit organization. The bill would mandate DRA report not only on details of our work to protect and advocate on behalf of people with developmental disabilities but also to provide information about our finances, contractual relationships, and “all information requested” by the committee. There is no exception in the bill for confidential client information or other privileged information. We already report on a regular basis to our federal funders, and we are audited annually by an independent firm.
Our organization is required by federal law to investigate abuse, neglect, and exploitation. With excess funds remaining, we may handle cases in other areas, such as Special Education and Medicaid. If HB1382 passes, the additional time and expense we anticipate from complying with these unfunded legislative mandates will affect our ability to handle those cases in the future. All of that information is already publicly available.
Adding an extra layer of oversight accomplishes nothing and could potentially harm our ability to exercise our main function, which is making the lives of Arkansans with disabilities better.
Tom Masseau
Executive Director, Disability Rights Arkansas
TMasseau@disabilityrightsar.org
