Arkansas Administrative Code

20 CAR § 49-101. Preface. (a)(1) This part has been prepared for the purpose of establishing a criterion for minimum standards for the licensure of private care agencies providing Medicaid personal care in Arkansas. (2) By necessity they are of a regulatory nature but are conside…

20 CAR § 49-102. Purpose. This part is established to ensure high quality care and services for clients in their homes.

20 CAR § 49-103. Definitions. The following words and terms, when used in this part, shall have the stated meanings unless the context clearly indicates otherwise: (1) “Administrator” means a person who is an agency employee and is a physician, registered nurse, or an individual …

20 CAR § 49-104. Agency location. A private care agency shall maintain a: (1) Licensed, fully operational primary office physically located within the state of Arkansas; and (2) Sufficient number of licensed regional offices to adequately service the administrative needs of the a…

20 CAR § 49-105. Application for license. (a) Annual license applications shall be: (1) On forms prescribed by the Division of Health Facility Services of the Department of Health; and (2) Effective on a calendar-year basis with an expiration date of December 31. (b) Each agency …

20 CAR § 49-106. Inspections. (a) A review and/or inspection shall be conducted before the license is issued. (b) Once the initial inspection is conducted and the agency becomes licensed, periodic inspections shall be conducted no less than every three (3) years. (c)(1) If the in…

20 CAR § 49-107. Denial, suspension, revocation of license. (a) A private care agency license may be denied, suspended, or revoked for one or more of the following reasons: (1) Violation of the provisions of the statute or any of the standards in this part; (2) Misstatement of a …

20 CAR § 49-108. Training. (a) Training provided to agency employees shall: (1) Be approved by the Division of Health Facility Services of the Department of Health; (2) Include all items listed in the attached Table 1; (3) Be supervised by a registered nurse; (4) Be a minimum of …

20 CAR § 49-109. General requirements. (a) Policies and procedures. The agency shall have written policies including: (1) Organizational. (A) A description of the structure showing ownership and line of authority down to the client service level; (B) The services offered; (C) Hou…

20 CAR § 49-110. Services. (a) All services. The agency shall: (1) Perform an initial evaluation visit and determine the: (A) Needs and condition of the client; (B) Services to be provided; and (C) Personnel to provide the services; and (2) Develop the Aide Service Plan that shal…

20 CAR § 50-101. Purpose. The purpose of this part is to: (1) Promote the delivery of quality health care in a cost effective manner; (2) Foster greater coordination between payers and providers conducting utilization review activities; (3) Protect patients, business, and provide…

20 CAR § 50-102. Definitions. For the purpose of this part the following definitions shall apply: (1) “Board” means the State Board of Health; (2) “Certificate” means a certificate of registration granted by the State Board of Health to a private review agent; (3) “Certified priv…

20 CAR § 50-103. Private review agents — Application for certification. (a) By December 31, 1990, or a date approved by the Secretary of the Department of Health, a private review agent shall hold a certificate from the secretary to conduct utilization review in this state. (b) A…

20 CAR § 50-104. Specific assurances. The following specific assurances must be submitted by all applicants: (1) To assure confidentiality, a private review agent must, when contacting a physician’s office or hospital, provide its certification number, the caller’s name, and prof…

20 CAR § 50-105. Private review agents — Renewal of certification. (a) A certificate expires on the second anniversary of its effective date unless certification has been renewed for a two-year term. (b) Before certification expires, the certified private agent may renew its cert…

20 CAR § 50-106. Private review agents — Reporting requirements. The Secretary of the Department of Health may establish reporting requirements to: (1) Evaluate the effectiveness of private review agents; and (2) Determine if the utilization review programs are in compliance with…

20 CAR § 50-107. Private review agents — Denial or revocation of certification. (a) The Secretary of the Department of Health shall deny a certificate to an applicant if the State Board of Health finds that the applicant does not: (1) Have available the services of a sufficient n…

20 CAR § 50-108. Private review agents — Exemptions. (a) The Secretary of the Department of Health may waive the requirements of this part for a private review agent that operates solely under contract with the federal government for utilization review of patients eligible for ho…

20 CAR § 50-109. Health insurance plan — Insurer issuing health insurance policy — Group or blanket health insurance policy. (a) All stated entities under 20 CAR § 50-103 shall have a certificate in accordance with this part or contract with a private review agent that has a cert…

20 CAR § 51-101. Purpose. In addition to the purposes provided by the Health Facility Infection Disclosure Act of 2007, Arkansas Code § 20-9-1201 et seq., this part is promulgated to protect the public health and safety of patients in health facilities in the state.

20 CAR § 51-102. Definitions. As used in this part: (1) "Department" means the Department of Health; (2)(A) "Health facility" means any of the following facilities: (i) A hospital, outpatient surgery center, public health center, or recuperation center, as those facilities are de…

20 CAR § 51-103. Responsibility - Health facility reports. (a) A health facility shall collect data on healthcare-associated infection rates for the following: (1) Central line-associated bloodstream infections in an intensive care unit; and (2) Other categories as provided under…

20 CAR § 51-104. Advisory Committee on Healthcare Associated Infections. (a) The Director of the Department of Health shall appoint an Advisory Committee on Healthcare Acquired Infections, including without limitation representatives of: (1) Public and private hospitals, includin…

20 CAR § 51-105. Data collection and analysis methodology. Upon recommendation of the Advisory Committee on Healthcare Associated Infections, the State Board of Health adopts the following data collection and analysis methodology: The National Healthcare Safety Network (NHSN) Man…

20 CAR § 51-106. Reports regarding healthcare-associated infections. (a)(1)(A) In consultation with the Advisory Committee on Healthcare Acquired Infections, the Department of Health shall submit annually a report summarizing the health facility quarterly reports required under t…

20 CAR § 51-107. Privacy and confidentiality. (a) It is the intent of the State Board of Health that a patient's right of confidentiality shall not be violated in any manner under this part. (b) Social security numbers and any other information that could be used to identify an i…

20 CAR § 51-108. Funding. This part is contingent upon the appropriation and availability of funding necessary for the Department of Health to implement these provisions, and any requirements that actions be accomplished by a specific date shall be extended until the necessary fu…

20 CAR § 52-101. Purpose. It is the purpose of this part to provide direction about the required collection, submission, management, and dissemination of health data.

20 CAR § 52-102. Definitions. For the purposes of this part, the following words and phrases when used herein shall be construed as follows: (1) "Act" means the State Health Data Clearinghouse Act, Acts 1995, No. 670, Arkansas Code § 20-7-301 et seq.; (2)(A) "Aggregate data set" …

20 CAR § 52-103. Gender and number. All terms used in any one (1) gender or number shall be construed to include any other gender or number.

20 CAR § 52-104. Hospital discharge data submittal. Each Arkansas hospital shall submit patient data to the Department of Health in a manner that complies with the provisions of the guide or guides, which includes all: (1) Inpatient hospital discharges occurring on or after Janua…

20 CAR § 52-105. Additional data required to be submitted. (a)(1) In addition to data prescribed for submission in the guide or guides, the following data must be submitted according to the schedule provided. (2) Each hospital shall provide a complete and accurate copy of the Ame…

20 CAR § 52-106. Extension of time. (a)(1) The State Board of Health or the Secretary of the Department of Health shall, upon a showing of good cause and if time permits, extend the time allowed for the performance of any function or duty required by the provisions of the State H…

20 CAR § 52-107. Authorized use of data. (a) Information reported to the Department of Health shall not be disclosed except as authorized by the Arkansas law. (b) See Arkansas Code § 20-7-305, as amended.

20 CAR § 52-108. Access to aggregate reports. (a)(1) All reports generated by the Department of Health from the aggregate data set for a member of the general public are open for public inspection. (2) The department shall provide copies of these reports, upon request, at a cost …

20 CAR § 52-109. Penalties for noncompliance. Arkansas Code § 20-7-301 et seq. sets forth civil and criminal penalties for noncompliance with provisions of the State Health Data Clearinghouse Act, Arkansas Code § 20-7-301 et seq. and of rules adopted by the State Board of Health …

20 CAR § 52-110. Hearing and appeal. Hearings and appeals will be conducted according to the Adjudication and Rule Making sections of the Department of Health’s administrative procedures previously promulgated by the department and any revisions thereto.

20 CAR § 52-111. Maintenance of rules and procedures. (a) All pages of this part, and of the Hospital Discharge Data Submittal Guide or Guides, issued by the Department of Health are dated at the bottom. (b)(1) As changes occur, replacement pages will be issued or replacement gui…

20 CAR § 52-112. Incorporation by reference. (a) The following documents are hereby incorporated by reference: (1)(A) The most recent edition of the International Classification of Diseases, Clinical Modifications. (B) Copies are available from the National Center for Health Stat…

20 CAR § 52-113. Severability. If any provision of this part or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this part which can give effect without the invalid provisions or applicati…

20 CAR § 52-114. Repeal. All rules and parts of rules in conflict herewith are hereby repealed.

20 CAR § 53-101. Purpose. (a) The purpose of this part is to: (1) Provide a definition of medical waste from generators and healthcare-related facilities; (2) Identify entities that are subject to provisions of this part; and (3) Establish criteria for the proper management of su…

20 CAR § 53-102. Definitions. As used in this part: (1) “ADEQ” means the Division of Environmental Quality; (2) “Commercial medical waste” means any medical waste transported from a generator to an off-site facility for treatment/disposal where such off-site treatment/disposal fa…

20 CAR § 53-103. Application. All requirements of this part shall apply, without regard to quantity of medical waste produced per month, to any person generating medical waste, except as exempted in 20 CAR § 53-104, and to include but not be limited to, the following healthcare-r…

20 CAR § 53-201. Residential areas. (a) This part does not apply to medical waste generated by the operation of single or multifamily dwellings. (b) This part does not apply to medical waste generated by the operation of: (1) Hotels; (2) Motels; or (3) Other accommodations provid…

20 CAR § 53-202. Healthcare providers. (a)(1) Home health personnel, physicians, and dentists treating patients in the home often generate infectious medical waste during their visit or waste is generated as a result of their prescribed treatment and medication. (2) It is the res…

20 CAR § 53-301. Applicability. This subpart is applicable as requirements for all generators in Arkansas, except those exempted in 20 CAR § 53-104.