Arkansas Administrative Code

20 CAR § 400-811. Administrative offices. Separate office space shall be provided for administrative and business functions as follows: (1) Office for the administrator; (2) Office for the director of nursing services; and (3) Office or space for social and activity director.…

20 CAR § 400-812. Resident’s dining and recreation areas. (a) The total area set aside for residents' dining and recreation purposes shall be not less than twenty square feet (20 sq. ft.) per bed. (b) Additional space shall be provided if the facility participates in a day care p…

20 CAR § 400-813. Utility rooms. (a) A separate utility room shall be provided for clean items and soiled items for each nurses' station. (b)(1) Utility rooms shall be mechanically ventilated to the outside and adequately lighted. (2) Two (2) or more electrical convenience outlet…

20 CAR § 400-814. Bedpan room. (a) There shall be at least one (1) bedpan cleaning room. (b) In addition to the bedpan cleaning equipment, hand-washing facilities with blade-handle controls shall be provided. (c) There shall be provisions for equipment sterilization.…

20 CAR § 400-815. Janitors’ closets. (a) Janitors' closets shall be provided for each nursing unit, and a separate janitor's closet shall be provided within the kitchen area. (b) These closets shall be provided with: (1) Hot and cold running water; (2) A floor receptor and servic…

20 CAR § 400-816. Linen closets. Closets for clean linens shall be provided for each nurses' station.

20 CAR § 400-817. Soiled linen closets. (a) Closet for soiled linens shall be provided for each nurses' station. (b) This dirty linen storage shall be in a separate room and ventilated to the outside.

20 CAR § 400-818. Nurses’ call system. (a)(1) In general patient areas, each room shall be served by at least one (1) calling station, and each bed shall be provided with a call button. (2) Two (2) call buttons serving adjacent beds may be served by one (1) calling station. (3) C…

20 CAR § 400-819. Nurses’ station. (a) A nurses’ station shall be provided and so designed that it: (1) Contains a minimum of sixty square feet (60 sq. ft.) per each thirty-five-bed patient unit; and (2) Is not more than one hundred twenty linear feet (120 LF) from each patient r…

20 CAR § 400-820. Fire alarm system. Each nursing home shall be an electrically supervised, manually operated fire alarm system in accordance with Section 6-3 NFPA 101, Life Safety Code handbook that applies to their nursing home.

20 CAR § 400-821. Limitations. The following limitations shall apply: (1)(A) No nursing home shall be connected to any building other than: (i) A general hospital; (ii) A chronic disease hospital; (iii) A rehabilitation facility; (iv) A boarding home; (v) An adult day care; or (v…

20 CAR § 400-822. Ceilings, walls, and floors. (a) Ceilings shall be a minimum of eight feet (8’) (refer to 20 CAR § 400-710 for surfaces). (b) Walls (refer to 20 CAR § 400-710). (c) Floors (refer to 20 CAR § 400-710).

20 CAR § 400-823. Water cooler. (a) An electrically operated water fountain of an approved type shall be provided for each nurses' station. (b) The water fountain shall be accessible to the physically handicapped. (c) Water fountains must be recessed not to obstruct the corridor.…

20 CAR § 400-901. Furnishings. (a) Each patient's bed unit, bath, and toilet shall be provided with a standard type, buzzer/light, nurses' call signal, or, alternatively when a wireless nurse call system is utilized, a call button designed to operate with the wireless nurse call …

20 CAR § 400-902. Linens and bedding. (a) Extra pillows shall be available as need for treatment and/or comfort of patients. (b) Moisture-proof rubber or plastic sheeting shall be provided as necessary to keep mattress or pillows clean or dry. (c)(1) A supply of clean bed linen s…

20 CAR § 400-903. Equipment and supplies. (a) Nursing equipment and supplies shall be: (1) Provided to meet the patients' needs; and (2) Maintained in good condition to ensure adequate nursing care of the patients. (b)(1) In nursing homes licensed as intermediate care facilities,…

20 CAR § 400-904. Care and cleaning of medical supplies and equipment. (a)(1) In homes where commercially packaged sterile disposable items, i.e., dressings, syringes, needles, gloves, catheters, etc., are not provided, a method shall be utilized to achieve sterility for these re…

20 CAR § 400-905. Storage. (a)(1) If bedpans, urinals, and emesis basins are assigned to individual patients, they shall be name labeled and stored in the patient's bedside cabinet. (2) They shall be cleansed after each use and sanitized by an approved method at least weekly. (3)…

20 CAR § 401-101. Definitions. (a)(1) As used in this part, the following definitions shall apply unless the context clearly states otherwise. (2) Where this part refers to an enactment of the General Assembly, such reference shall include subsequent enactments or amendments by t…

20 CAR § 401-201. Generally. (a)(1) No residential long-term care facility may be established, conducted, or maintained in Arkansas without first obtaining a long-term care facility license as required by Arkansas Code § 20-10-201 et seq. and these licensing standards. (2) All li…

20 CAR § 401-202. Licensing information. (a) Licenses to operate a residential long-term care facility are issued on the state fiscal year basis beginning July 1 and expiring the following June 30. (b) Licenses shall be issued only for the premises and persons specified in the ap…

20 CAR § 401-203. Licensure exclusions. (a) Facilities owned and operated by the Veteran’s Administration are excluded from licensure under this part. (b) Facilities regulated or licensed by the Department of Human Services' Division of Developmental Disabilities Services or Divi…

20 CAR § 401-204. Initial licensure. (a) Initial licensure shall apply to: (1) Newly constructed facilities designed to operate as residential long-term care facilities; (2) Existing structures not already licensed as a residential long-term care facility on the effective date of…

20 CAR § 401-205. Application, expiration, and renewal of license. (a)(1) The Department of Human Services shall furnish the applicant or the licensee with the necessary forms to obtain initial or renewed licensure or to request relicensure of the facility after a change of owner…

20 CAR § 401-206. Change in ownership. (a) Transactions constituting a change in ownership include, but are not limited to, the following: (1) Sale or donation of the facility's legal title; (2) Lease of the entire facility's real and personal property; (3) A sole proprietor beco…

20 CAR § 401-207. Revocation of license. The Department of Human Services is empowered to deny, suspend, or revoke a license on any of the following grounds: (1) Violations of any of the provisions of Arkansas Code § 20-10- 201 et seq., pursuant to licensing authority; (2) Permit…

20 CAR § 401-208. Notice and procedure on hearing prior to denial, suspension, or revocation of a license. Procedures for appeal to the Long-Term Care Facility Advisory Board [abolished] are incorporated in this part as 20 CAR § 401-801 et seq.

20 CAR § 401-209. Appeals to court. (a) Any applicant or licensee who considers himself or herself injured in his or her person, business, or property by final Department of Human Services administrative adjudication shall be entitled to judicial review thereof as provided for by…

20 CAR § 401-210. Compliance. An initial license will not be issued until an owner has demonstrated to the satisfaction of the Department of Human Services that the facility is in compliance with the licensing standards set forth in this part.

20 CAR § 401-211. Noncompliance. (a) When noncompliance with licensing standards is detected during survey inspection or investigation, the licensee will be notified of the violations. (b)(1) A plan of correction will be requested. (2) The plan of correction must: (A) Be submitte…

20 CAR § 401-212. Closure. Any residential care facility that notifies the Office of Long-Term Care that it has or will close or cease operation or surrenders or fails to timely renew its license must meet the rules then in effect for new construction and licensure to be eligible…

20 CAR § 401-213. Injunctions. (a) The Office of Long-Term Care, working with assistance from the Department of Human Services, Office of Chief Counsel, may bring action for a temporary restraining order, preliminary injunction, or permanent injunction against the owner/administr…

20 CAR § 401-214. Relocation of residents. The Office of Long-Term Care may relocate residents from a residential long-term care facility if any of the following conditions exists: (1) One (1) or more violations remain uncorrected after efforts seeking compliance have failed and …

20 CAR § 401-215. Suspension of new admissions. (a) The Office of Long-Term Care may suspend the admission of residents to a residential long-term care facility on the following grounds: (1) One (1) or more deficiencies remain uncorrected after efforts to attain compliance have f…

20 CAR § 401-216. 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 Office of Long-Term Care has received the Application for Licensure to Conduct a Long…

20 CAR § 401-301. Governing body. Each residential long-term care facility must have a governing body that has ultimate authority for: (1) The overall operation of the facility; (2) The adequacy and quality of care; (3) The financial solvency of the facility and the appropriate u…

20 CAR § 401-302. General program requirements. Each person or legal entity issued a license to operate a residential long-term care facility shall provide an organized, continuous twenty-four-hour-per-day program of supervision, care, and services which: (1) Conforms with Office…

20 CAR § 401-303. Required services agreement/contract. (a) If a service required under this part is not provided directly by the facility, the facility must have a written agreement/contract with an outside program, resource, or service to furnish the necessary service. (b)(1) A…

20 CAR § 401-304. Inspections by department. (a)(1) All areas of the licensed facility and all records related to the care and protection of residents, including resident and employee records, must be open for inspection by the Department of Human Services for the purpose of enfo…

20 CAR § 401-305. Facility administrator requirements. (a)(1) Each facility must have a full-time (minimum forty (40) hours per week) administrator on the premises during normal business hours. (2) The administrator must have responsibility for daily operation of the facility. (3…

20 CAR § 401-306. Required policies and procedures governing general administration of the facility. The facility must develop, maintain, and make available for public inspection the following policies and procedures: (1) Resident policies and procedures as specified in 20 CAR § …

20 CAR § 401-307. General requirements concerning residents. The facility must have written resident policies and procedures that shall include, as a minimum, the following: (1)(A) Established visiting hours must be posted in plain view of visitors. (B) Unrestricted visiting hour…

20 CAR § 401-308. Personnel administration. (a) Each facility must have written employment and personnel policies and procedures that will include, as a minimum, the following: (1) All employees caring for residents must be at least eighteen (18) years of age; (2) No person with …

20 CAR § 401-309. Admission, discharge, and transfer. (a)(1) The facility must not admit or continue to care for residents whose needs are greater than the facility is licensed to provide. (2) If necessary services cannot be obtained in or by the facility, the resident and/or res…

20 CAR § 401-310. Incident reporting policies and procedures. (a)(1) The facility must develop and implement written policies and procedures to ensure that incidents, including alleged or suspected abuse or neglect of residents; accidents, including accidents resulting in death; …

20 CAR § 401-311. Financial management of resident personal allowance. (a) Each facility must provide for the safekeeping and accountability of resident personal allowance funds in accordance with this section (see 20 CAR § 401-205(h)(5)). (b) Individuals receiving Supplemental S…

20 CAR § 401-312. Resident rights. (a) Policies and procedures required by the facility to ensure resident's rights are as follows: (1)(A) The facility must have written policies and procedures defining the rights and responsibilities of residents. (B) The policies shall present …

20 CAR § 401-313. Resident records. (a)(1) The facility must maintain a separate and distinct record for each resident. (2) The record must contain: (A) The resident's name; (B) The resident's last address; (C) The date the resident began residing at the facility; (D) The name, o…

20 CAR § 401-401. Generally. Nothing in this part, this subpart, or any other shall be construed to require a residential care facility to provide services at no charge that are not included in the basic daily rate or monthly charge listed in the admission agreement/contract.…

20 CAR § 401-402. Supportive services. (a)(1) The facility must provide, as part of services included in the basic daily rate or monthly charge, supportive services appropriate to maintain and promote the well-being of each resident. (2) The facility must encourage and permit the…