Arkansas Administrative Code

20 CAR § 400-2312. Department to furnish receiver with copy of legal proceedings. (a) Upon appointment of a receiver for a facility by a court, the Department of Human Services shall inform the individual of all legal proceedings to date which concern the facility. (b) The receiv…

20 CAR § 400-2313. Mandated patient transfer. In the case of Department of Human Services-ordered patient transfers, the receiver may: (1) Assist in providing for the orderly transfer of all residents in the facility to other suitable facilities, or make other provisions for thei…

20 CAR § 400-2401. Generally. (a)(1) When a long-term care facility does not agree with deficiencies cited on a statement of deficiencies, the facility may request an informal dispute resolution (IDR) meeting of the deficiencies in lieu of, or in addition to, a formal appeal. (2)…

20 CAR § 400-2402. Requesting an informal dispute resolution. (a) A written request for an informal dispute resolution must be made to the Department of Health, Health Facility Services, 5800 West 10th, Suite 400, Little Rock, AR 72204 within ten (10) calendar days of the receipt…

20 CAR § 400-2403. Matters which may be heard at IDR. (a) The IDR is limited to deficiencies cited on a statements of deficiencies. (b) Issues that may not be heard at an IDR include, but are not limited to: (1) The scope and severity assigned the deficiency by the Office of Long…

20 CAR § 400-2404. Appeal of IDR results. (a)(1) If a Medicaid-certified facility is not satisfied with the results of the informal dispute resolution, it may request a hearing before the Long-Term Care Facility Advisory Board [abolished] within the sixty-day time frame for appea…

20 CAR § 400-2501. Written policies. (a)(1) The facility shall have written policies and procedures defining the rights and responsibilities of residents. (2) The policies shall present a clear statement defining how residents are to be treated by the facility, its personnel, vol…

6 CAR § 400-2502. Staff. (a) Staff members must fully understand all residents’ rights. (b)(1) Facility staff will be provided a copy of residents’ rights. (2) Staff shall complete a written acknowledgement stating they have received and read the residents' rights. (3) A copy of …

6 CAR § 400-2503. Services. (a)(1) Each resident admitted to the facility will be fully informed, prior to or at the time of admission, and as need arises during residency, of: (A) Services available in the facility; and (B) any charges for services. (2) Residents have the right …

6 CAR § 400-2504. Resident care. (a)(1) Each resident admitted to the facility shall be fully informed by a physician of his or her medical condition. (2) The resident shall be afforded the opportunity to participate in the planning of his or her total medical care and may refuse…

6 CAR § 400-2505. Transfer or discharge. (a)(1) A resident may be transferred or discharged only for: (A) Medical reasons; (B) His or her welfare or the welfare of other residents; (C) The resident presents a danger to the safety or health of other residents; (D) Because the resi…

20 CAR § 400-2506. Change in room or roommate. The facility must provide reasonable written notice of change in room or roommate.

20 CAR § 400-2507. Exercise of rights. (a)(1) Each resident admitted to the facility will be encouraged and assisted to exercise all constitutional and legal rights as a resident and as a citizen including the right to vote, and the facility shall make reasonable accommodations t…

20 CAR § 400-2508. Complaints and suggestions. (a) Complaints or suggestions made to the facility's staff shall be responded to within ten (10) days. (b) Documentation of such response will be maintained by the facility administrator or his or her designee.

20 CAR § 400-2509. Personal belongings. Each resident may retain and use personal clothing and possessions as space and rules permit.

20 CAR § 400-2510. Resident council. (a)(1) A representative resident council shall be established in each facility. (2) The resident council's duties shall include: (A) Review of policies and procedures required for implementation of resident rights; (B) Recommendation of change…

20 CAR § 400-2511. Family council. (a) The facility shall inform residents' families of the right to establish a family council within the facility. (b) The establishment of such council shall be encouraged by the facility. (c) This family council shall: (1) Have the same duties …

20 CAR § 400-2512. Management of personal financial affairs. Each resident admitted to the facility may manage his or her personal financial affairs, or if the resident requests such affairs be managed by the facility, an accounting shall be maintained in accordance with applicab…

20 CAR § 400-2513. Free from abuse. (a) Residents shall be free from mental and physical abuse, chemical and physical restraints (except in emergencies) unless authorized, in writing, by a physician, and only for such specified purposes and limited time as is reasonably necessary…

20 CAR § 400-2514. Restraint. (a) “Physical restraint” includes the use of devices designed or intended to limit residents' total mobility. (b) Physical restraints are not to be used to limit resident mobility: (1) For the convenience of staff; (2) As a means of punishment; or (3…

20 CAR § 400-2515. Confidentiality of records. (a) Each resident is assured confidential treatment of his or her personal and medical records. (b) Residents may approve or refuse the release of such records to any individual except: (1) In case of a transfer to another health car…

20 CAR § 400-2516. Treatment of residents. (a) Each resident will be treated with consideration, respect, and full recognition of dignity and individuality, including privacy in treatment and care for personal needs. (b) Staff shall: (1) Display respect for residents when speakin…

20 CAR § 400-2517. Residents’ choices. (a) Schedules of daily activities shall provide maximum flexibility and allow residents to exercise choice in participation. (b) Residents' individual preferences regarding such things as menus, clothing, religious activities, friendships, a…

20 CAR § 400-2518. Privacy. (a)(1) Residents shall be examined or treated in a manner that maintains and ensures privacy. (2) A closed door or a drawn curtain shall shield the resident from passers-by. (3) People not involved in the care of the residents are not to be present dur…

20 CAR § 400-2519. Visitors. (a) Policies and procedures shall permit residents to receive visits from anyone they wish, provided a particular visitor may be restricted for the following reasons: (1) The resident refuses to see the visitor; (2) The resident's physician specifical…

20 CAR § 400-2520. Financial affairs. (a) Residents are allowed to manage their own personal financial affairs. (b) Should the facility manage the resident's personal financial affairs, this authorization must be in writing and shall be signed appropriately as follows: (1) If the…

20 CAR § 400-2601. Definitions. As used in this part, the following definitions will apply, unless the context requires otherwise: (1) "Agency" means the Division of Medical Services; (2)(A) "Act" means a bodily movement and includes speech and the conscious possession or control…

20 CAR § 400-2602. Civil penalties. (a)(1) The following listed civil penalties pertaining to classified violations may be assessed by the Director of the Office of Long-Term Care against long-term care facilities. (2) In the case of Class A violations, the following civil penalt…

20 CAR § 400-2603. Factors in assessment of civil penalties. (a) In determining whether a civil penalty is to be assessed and in affixing the amount of the penalty to be imposed, the Director of the Office of Long-Term Care shall consider: (1) The gravity of the violation, includ…

20 CAR § 400-2604. Right to assess civil penalties not merged in other remedies. Assessment of a civil penalty provided in this subpart shall not affect the right of the Office of Long-Term Care to take other such action as may be authorized by law or rule.

20 CAR § 400-2605. Class A violations. (a) Class A violations are: (1) Violations that create a condition or occurrence relating to the operation and maintenance of a long-term care facility which results in death or serious harm to a resident; or (2) Violations that create a con…

20 CAR § 400-2606. Class B violations. The following conduct, acts, or omissions, when not resulting in death or serious physical harm to a resident, or the substantial probability thereof, but creates a condition or occurrence relating to the operation and maintenance of a long-…

20 CAR § 400-2607. Class C violations. (a) Class C violations are related to administrative and reporting requirements that do not directly threaten the health, safety, or welfare of a resident. (b) The following examples of Class C violations and the points assigned to each are …

20 CAR § 400-2608. Class D violations. (a) Class D violations are defined as the failure of any long-term care facility to submit in a timely manner a statistical or financial report as required by rule. (b) All Class D violations shall be assigned two hundred and fifty (250) poi…

20 CAR § 400-2609. Notification of violations. (a) If upon inspection or investigation the Office of Long-Term Care determines that a licensed long-term care facility is in violation of any sanction rule herein described, any federal or state law or regulation, then it shall prom…

20 CAR § 400-2610. Hearings on the imposition of civil money. (a) A licensee may contest the imposition of civil penalty by sending a written request for hearing to the Secretary of the Department of Human Services who shall designate a hearing officer to preside over the case an…

20 CAR § 400-2611. Denial of admissions. (a) The Director of the Office of Long-Term Care may deny Medicaid payment for new admissions to a long-term care facility issued a Class A or B violation until such time the director determines that such facility: (1) Has corrected the vi…

20 CAR § 400-301. Management. (a) Bylaws. The governing body shall adopt effective patient care policies and administrative policies and bylaws governing the operation of the facility in accordance with legal requirements. (b) Administrator. (1)(A) Each nursing home shall have a …

20 CAR § 400-302. General administration. (a) Visitation rights. (1) Visitation rights of certified skilled nursing facility residents are governed by federal resident visitation rights and procedures specified in 42 C.F.R. § 483.10(f)(4). (2) Visitation rights of residents of an…

20 CAR § 400-303. Personnel administration. (a) The administrator shall establish and maintain a personnel file for each employee. (b)(1) Applications for each employee shall contain sufficient information to support placement in the position to which assigned. (2) All applicatio…

20 CAR § 400-304. Staff development. (a)(1) Job orientation shall be provided for all personnel to acquaint them with the: (A) Needs of the residents; (B) Physical facility; (C) Disaster plan; and (D) Employee’s specific duties and responsibilities. (2) There should be written do…

20 CAR § 400-305. Emergency call data. (a) The administrator shall be responsible for ensuring that emergency call information is posted in a conspicuous place so as to be immediately available to all personnel of the nursing home. (b) Emergency call data shall include at least t…

20 CAR § 400-306. Reporting suspected abuse, neglect, exploitation, incidents, accidents, deaths from violence, and misappropriation of resident property. (a)(1) Pursuant to federal regulation 42 C.F.R. § 483.13 and state law Arkansas Code § 5-28-101 et seq., and Arkansas Code § …

20 CAR § 400-401. Patient care policies. The administrator, in consultation with one (1) or more physicians and one (1) or more registered professional nurses, department heads, and other related professional health care personnel, shall develop and at least annually review appro…

20 CAR § 400-402. Restraint of residents. (a)(1) Patients shall not be unduly restrained. (2) Patients shall not be confined to rooms or restrained except when: (A) Necessary to prevent injury to the patient or others; and (B) Alternative measures are not sufficient to accomplish…

20 CAR § 400-403. Protection of patient property. An inventory of a patient's personal belongings should be maintained for all items brought to the facility on admission and updated as appropriate for items added or sent home or disposed of.

20 CAR § 400-404. Notification of change in patient’s status. (a) There shall be written policies and procedures available at each nurses' station for personnel to follow requiring the notification of the patient's attending physician and other responsible persons in the event of…