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Can I collect personal information from participants in Arkansas? What are the requirements?

Yes, you can collect personal information from participants in Arkansas, but you must follow specific requirements outlined in the relevant documents.

To protect the personal information of Arkansas residents, you must implement and maintain reasonable security procedures and practices appropriate to the nature of the information [1.2]. Additionally, you must take all reasonable steps to destroy or arrange for the destruction of a customer’s records within your custody or control containing personal information that is no longer to be retained by you [1.2].

If you are enrolling participants in the ARChoices waiver program, you must complete the Enrollment Packet, which consists of the Participant Responsibilities and Agreement, the Backup Personal Assistant (Caregiver) and the Authorization to Disclose Health Information. The individual must also complete the forms in the Employer Packet, which includes the Limited Power of Attorney, IRS and direct deposit forms related to being a household employer. Each caregiver/employee must complete the forms in the Employee Packet which include the standard tax withholding forms normally completed by an employee, the Employment Eligibility Verification Form (I-9), a Participant/Caregiver Agreement, Employment Application a Caregiver/Employee Agreement, as well as documents pertinent to a criminal background check including maltreatment registry requests and a consent form a release results of a criminal history report from the Arkansas Crime Information Center (Arkansas State Police) [2.2].

If you are hiring new employees into designated financial or information technology positions, you must conduct a criminal history check on the applicant and determine whether the applicant is disqualified from employment under subsection (f) of this section [5.1].

Therefore, you can collect personal information from participants in Arkansas, but you must implement reasonable security procedures and practices to protect the personal information, and you must follow the specific requirements outlined in the relevant documents.

Source(s):
Jurisdiction

Arkansas