Arkansas Administrative Code

20 CAR § 400-1902. Contents of records (to facilitate retrieving and compiling information). (a) The resident records will contain sufficient information to identify the resident, his or her diagnosis or diagnoses and treatment, and to document the results accurately. (b) Admissi…

20 CAR § 400-1903. Index. There will be an index of all residents admitted to the facility including: (1) Name of resident; (2) Record number; (3) Former address; (4) Name of physician; (5) Date of birth; and (6) Date of discharge.…

20 CAR § 400-1904. Retention and preservation of records. (a) Retention requirements for active clinical records. (1) The maintenance schedule for records on resident charts are as follows: (A) Admission and discharge records — Permanent; (B) Miscellaneous admission records — Per…

20 CAR § 400-1905. Confidentiality. (a) The information contained in the resident records is confidential and is not to be released without legal authorization or subpoena. (b) The records will be available to state survey agency personnel.

20 CAR § 400-1906. Staffing. (a) An individual will be designated as responsible for the resident record service. (b) There will be written job descriptions for the resident record service personnel.

20 CAR § 400-1907. General information. (a) All entries in the resident records will be recorded in ink. (b) There will be no alteration of information in the resident records. (c) If an error is made, a single line will be drawn through the error, the word “error” written above …

20 CAR § 400-2001. Intent. (a) Green House™ facilities are an attempt to enhance residents’ quality of life through the use of a noninstitutional facility model resulting in a residential-style physical plant and specific principles of staff interaction. (b) The Green House™ mode…

20 CAR § 400-2002. Designation. To be designated by the Office of Long-Term Care as a Green House™ facility, the facility shall meet the minimum standards and have approval to use the Green House™ service mark, issued by the Green House™ Project and NCB Capital Impact at the time…

20 CAR § 400-2003. Staffing. (a)(1) Facilities designated by the Office of Long-Term Care as Green House™ facilities shall employ the same staffing ratios and otherwise comply with 20 CAR § 400-1401 et seq. (2) Provided, however, that certified nursing assistants (CNAs) utilized …

20 CAR § 400-201. Licensure. (a)(1) Nursing homes, or related institutions, shall be operated, conducted, or maintained in this state by obtaining a license pursuant to the provisions of these licensing standards. (2) Separate institutions operated by the same management require …

20 CAR § 400-202. Application for license. (a)(1) Applicants for license shall: (A) File a notarized application with the Division of Provider Services and Quality Assurance upon forms prescribed by the division; and (B) Pay an annual license fee of ten cents (10¢) per patient be…

20 CAR § 400-203. Renewal of application for licensure. (a) Annual licensure fees shall be tendered with each application for a new long-term care facility license and annually thereafter by the anniversary of the date the Department of Human Services issued the long-term care fa…

20 CAR § 400-204. Issuance of license. (a) A license shall remain effective unless revoked, suspended, or terminated by the Department of Human Services. (b) A license shall be issued only for the premises and persons in the application and shall not be assignable or transferable…

20 CAR § 400-205. Denial, revocation, or suspension of license. The Division of Provider Services and Quality Assurance is empowered to deny, suspend, or revoke licenses on any of the following grounds: (1) Violation of any of the provisions of Acts 1979, No. 28, or the rules law…

20 CAR § 400-206. Change of ownership/management. (a)(1) If a long-term care facility intends to add, remove, or otherwise change the management company, owner, operator, or other management agent that manages the long-term care facility, the long-term care facility shall notify …

20 CAR § 400-207. Notice and procedure on hearing prior to denial, suspension, or revocation of license. (a) Whenever the Division of Provider Services and Quality Assurance decides to deny, suspend, or revoke a license, it shall send to the applicant or licensee a notice stating…

20 CAR § 400-208. Appeals to courts. (a) Any applicant or licensee who considers himself or herself injured in his or her person, business, or property by final agency action shall be entitled to judicial review thereof. (b) Proceedings for review shall be made by filing a petiti…

20 CAR § 400-209. Penalties. Any person, partnership, association, or corporation establishing, conducting, managing, or operating any institution within the meaning of Acts 1961, No. 414 (Arkansas Code §§ 20-9-201 – 20-9-217, § 20-9-219, and §§ 20-10-214 – 20-10-228), without fi…

20 CAR § 400-210. Inspection. All institutions to which this part applies shall be subject to inspection for reasonable cause at any time by the authorized representation of the Division of Provider Services and Quality Assurance.

20 CAR § 400-2101. Pilot project. (a) The construction and operation of HomeStyle facilities is a pilot project of the State of Arkansas to determine the efficacy of an alternative long-term care model. (b)(1) Facilities participating in the project will be required to maintain d…

20 CAR § 400-2102. Definitions. As used in this subpart: (1)(A) “Clinical support team” means nonuniversal workers of the entire facility that provide services to HomeStyle homes and any traditional nursing facility around which a HomeStyle home is constructed by providing suppor…

20 CAR § 400-2103. Designation. (a) Facilities meeting the requirements for HomeStyle shall be designated as such on the license issued to the facility, with the designation specifying the number of HomeStyle homes and the total number of beds in the HomeStyle homes. (b) Faciliti…

20 CAR § 400-2104. Staffing. (a)(1)(A) Facilities designated by the Office of Long-Term Care as HomeStyle facilities shall employ the same staffing ratios and otherwise comply with 20 CAR § 400-1401 et seq. (B) Provided, however, that certified nurse assistants (CNAs) utilized in…

20 CAR § 400-2105. Staff training. (a) In addition to any state or federal training requirements pertaining to long-term care facilities, each CNA working in a HomeStyle home shall complete the following eighty (80) hours of training to include but not limited to: TRAININGHOURS H…

20 CAR § 400-2106. Training approval. (a) Each facility seeking designation as a HomeStyle facility shall provide to the Office of Long-Term Care a syllabus, a list of required reference and study materials, and a proposed curriculum of training as required in 20 CAR § 400-2105. …

20 CAR § 400-211. Compliance. An initial license will not be issued until the applicant has demonstrated to the satisfaction of the Division of Provider Services and Quality Assurance that the facility is in substantial compliance with the licensing standards set forth in this pa…

20 CAR § 400-212. Noncompliance. (a) When noncompliance of the licensing standards is detected during surveys, licensees will be notified of the violations and will be requested to provide a plan of correction with a timetable for corrections. (b) If an item of noncompliance is o…

20 CAR § 400-213. Voluntary closure. Any nursing home, or related institution, that voluntarily closes must meet the rules for new construction to be eligible for relicensure.

20 CAR § 400-214. Exception to licensing standards. (a)(1) The Division of Provider Services and Quality Assurance reserves the right to make temporary exceptions to these standards where it is determined that the health and welfare of the community requires the services of the i…

20 CAR § 400-215. Provisional licensure. (a)(1) Subject to the requirements below, a provisional license shall be issued to the applicant and new operator of the long-term care facility when the Department of Human Services has received the Application for Licensure to Conduct a …

20 CAR § 400-2201. Definitions. For the purposes of this subpart, the following terms are defined as follows: (1)(A) “Activities of daily living (ADLs)” means the tasks for self-care that are performed either: (i) Independently; (ii) With supervision; (iii) With assistance; or (i…

20 CAR § 400-2202. General administration. (a) General program requirements. (1) Each long-term care facility that advertises or otherwise holds itself out as having one (1) or more special units for residents with a diagnosis of probable Alzheimer's disease or a related dementia…

20 CAR § 400-2203. Treatment philosophy. Each Alzheimer’s special care unit shall develop a mission statement that reflects the ASCU’s treatment philosophy for those residents diagnosed with Alzheimer’s or related dementia.

20 CAR § 400-2204. Assessments. (a) Psychosocial and physical assessments. (1) Each resident shall receive a psychosocial and physical assessment which: (A) Includes the resident’s: (i) Degree or level of family support; (ii) Level of activities of daily living functioning; (iii)…

20 CAR § 400-2205. Admissions, discharges, transfers. (a) Criteria for services. (1) Each Alzheimer’s special care unit shall have written policies setting forth preadmission screening, admission, and discharge procedures. (2) Admission criteria shall require: (A) A physician’s d…

20 CAR § 400-2206. Staffing. (a)(1) Alzheimer’s special care units shall staff according to this part. (2) Furthermore, the following staffing requirements are established for Alzheimer's special care units. (b) Professional program services. A social worker or other professional…

20 CAR § 400-2207. Physical environment, design, and safety. (a) Physical design. In addition to the physical design standards required for the facility’s license, an Alzheimer’s special care unit shall include the following: (1) A floor plan design that does not require visitors…

20 CAR § 400-2208. Therapeutic activities. (a) Intent and general requirements. (1) Therapeutic activities can: (A) Improve a resident’s eating or sleeping patterns; (B) Lessen wandering, restlessness, or anxiety; (C) Improve socialization or cooperation; (D) Delay deterioration …

20 CAR § 400-2209. Penalties. (a) If a facility having an Alzheimer's special care unit does not meet the specific standards established herein, the Office of Long-Term Care shall instruct the facility to immediately cease advertising or holding itself out as having one (1) or mo…

20 CAR § 400-2301. Definitions. As used in this subpart: (1) “Administrator” means a long-term facility administrator as defined in Arkansas Code § 20-10-101; (2) “Department” means the Department of Human Services; (3) “Director of the Office of Long-Term Care” means the Assista…

20 CAR § 400-2302. Purpose. (a)(1) Arkansas Code § 20-10-902 describes the purpose for development of a mechanism for the concept of receivership to protect resident in long-term care facilities. (2) Utilization of the receivership mechanism shall be a remedy of last resort and s…

20 CAR § 400-2303. Appointment and supervision of a monitor or monitors. (a) The Secretary of the Department of Human Services, pursuant to Arkansas Code § 20-10-915, may in his or her discretion place a designated employee in the facility in lieu of a receiver. (b) The monitor o…

20 CAR § 400-2304. Determination of need for receivership. Prepetition activities. Prior to the filing of a petition of receivership (Arkansas Code § 20-10-905), the Department of Human Services shall be notified and: (1) Coordinate the preparation and collection of documentation…

20 CAR § 400-2305. Petition for notice of receivership. (a) The Department of Human Services, Attorney General, or prosecuting attorney or duly appointed deputy prosecuting attorney of the district in which the facility is located may file in circuit court of the county in which …

20 CAR § 400-2306. Postpetition activities. Immediately upon appointment of a receiver the Department of Human Services shall assist the receiver and ensure the following functions and responsibilities are accomplished: (1) Identify the need for additional staff as necessary to e…

20 CAR § 400-2307. Assistance with duties of the receiver to staff. Immediately upon completion of the assessment in 20 CAR § 400-2307, but in no event more than seventy-two (72) hours after appointment, the Department of Human Services shall assist the receiver to: (1)(A) Conduc…

20 CAR § 400-2308. Assistance with responsibilities of receiver to residents, guardians, and families. Immediately upon completion of assessment in 20 CAR § 400-2306, but in no event more than seventy-two (72) hours after appointment, the Department of Human Services shall assist…