Arkansas Administrative Code

20 CAR § 401-403. Activities and socialization. (a) Each facility must provide, as part of services and accommodation included in the basic rate, an organized program of individual and group activities appropriate to the individual resident: (1) Needs; (2) Interests; and (3) Wish…

20 CAR § 401-404. Professional services. (a) The resident shall be assisted in making arrangements to secure all community-based health or other professional services, examinations, and reports needed to maintain and/or document the maintenance of the resident's health, safety, a…

20 CAR § 401-405. Home health services. (a)(1) If home health services are provided in a facility by a certified home health agency, the facility shall, as part of the resident's record, maintain a copy of all home health care plans, notes, and other documentation furnished by th…

20 CAR § 401-406. Personal care services. (a) Facilities enrolled in the personal care program shall maintain written documentation certifying that residents eligible to receive such services have been advised that they have a freedom of choice of personal care providers and have…

20 CAR § 401-501. Required facility dietary services. (a)(1) As part of the basic charge each facility must provide food for three (3) balanced meals, as specified in 20 CAR § 401-502, and make between-meal snacks available. (2) Fluids shall be available at all times. (3) Meals s…

20 CAR § 401-502. Daily nutritional allowance. Each residential long-term care facility must meet the following recommended daily dietary allowance: (1) Milk, yogurt, and cheese: (A) Two (2) to three (3) servings as beverage or used in cooking; (B) Fortified whole, skim, low fat …

20 CAR § 401-601. Administration. (a)(1) Each residential long-term care facility must have written policies and procedures to ensure residents receive medications as appropriate. (2) In-service training on facility medications policies and procedures (see 20 CAR § 401-308(d)) sh…

20 CAR § 401-602. Storage. (a) Medication stored for residents by the facility must be stored in a locked area in individual compartments or bins labeled with the resident's name. (b)(1) Medications may be kept in the resident's room. (2) Residents who keep medications in their r…

20 CAR § 401-603. Recording. (a) If a facility stores a resident's medications, the facility shall maintain a list of medications which must be maintained on file. (b)(1) If the facility stores and supervises a resident's medication, a notation must be made on the individual reco…

20 CAR § 401-701. Laundry services. (a) Each residential long-term care facility must provide laundry facilities or services to its residents. (b) Each residential long-term care facility must meet the following laundry service requirements: (1)(A) In-house laundries must be loca…

20 CAR § 401-702. Housekeeping — Maintenance. (a) Each residential long-term care facility must establish and conduct a housekeeping and maintenance program to: (1) Ensure the continued maintenance of the facility; (2) Promote good housekeeping procedures; and (3) Ensure sanitary…

20 CAR § 401-703. Furnishings and equipment. The following are general provisions concerning furnishings and equipment that each residential long-term care facility must meet: (1) All rooms, including bedrooms, must have working light switches at the entrance to the room; (2)(A) …

20 CAR § 401-704. General requirements for resident areas. (a) Each residential long-term care facility must meet the following requirements for resident general use areas: (1) Each facility must have dining room and living room space easily accessible to all residents; (2) Dinin…

20 CAR § 401-705. Bath and toilet facilities. Each residential long-term care facility must meet the following requirements concerning bath and toilet facilities: (1)(A) In facilities licensed after February 1985, there must be a minimum of one (1) toilet and one (1) lavatory for…

20 CAR § 401-706. Resident bedrooms. Each residential long-term care facility must meet the following requirements concerning resident bedrooms: (1)(A) No facility bedrooms shall be below ground level. (B) Each bedroom area must have an outside window with openings of at least on…

20 CAR § 401-707. Safety standards. Each residential long-term care facility must meet the following requirements concerning safety standards: (1) Life Safety Code 1985, Chapter 21, will apply to all facilities built after this part becomes effective; (2) Life Safety Code 1981, C…

20 CAR § 401-708. New construction, remodeling, or additions. (a)(1) In new construction, prior to construction, a copy of the facility floor plan must be submitted to the Office of Long-Term Care for approval. (2) The building must be: (A) Built in accordance with Chapter 21 of …

20 CAR § 401-709. Water supply. (a) An adequate supply of water, under pressure, must be provided at all times. (b) When a public water system is available, a connection must be made thereto. (c) If water from a source other than a public water supply is used, the supply must mee…

20 CAR § 401-710. Sewage. All sewage must be disposed of by means of either: (1) A public system where one is accessible within three hundred feet (300’); or (2) An approved sewage disposal system which is constructed and operated in conformance with the standards established for…

20 CAR § 401-711. Plumbing. Facilities must comply with all provisions of the state plumbing and gas code and amendments thereto prescribing minimum requirements for: (1) Design; (2) Materials; (3) Appliances; (4) Workmanship; and (5) Methods of installation.…

20 CAR § 401-712. Electrical. Electrical wiring, fixtures, appliances, motors, and other electrical equipment must be installed in accordance with the national electrical code National Fire Prevention Association's Pamphlet #70 and comply with local regulations and/or codes where…

20 CAR § 401-713. Heating — Cooling. (a) All liquefied petroleum gas systems must be installed and maintained in accordance with the State Liquefied Petroleum Gas Board Code, 15 CAR pt. 270. (b) All gas heating units must bear the stamp of approval of the American Gas Association…

20 CAR § 401-714. Zone codes. (a) Each residential long-term care facility must be operated in areas permitted by local codes. (b) Each owner must provide the Office of Long-Term Care with documentation that the facility is in compliance with zoning requirements.

20 CAR § 401-715. Lot requirements. (a) Conditions of soil, ground water level, drainage, and topography must not create hazards to the property as to the health and safety of the occupants. (b) The site: (1) Shall not be subject to unpredictable and/or sudden flooding; and (2) S…

20 CAR § 401-801. Appeals process. (a) Pursuant to Arkansas Code § 20-10-303 [repealed] the Long-Term Care Facility Advisory Board [abolished] shall hear all appeals by licensed long-term care facilities, long-term care administrators, or other parties regulated by the Office of …

20 CAR § 401-802. Chair — Quorum. (a)(1) The Chair of the Long-Term Care Facility Advisory Board [abolished] shall act as chair in all appeals hearings. (2) In absence of the chair, the board [abolished] may elect one (1) of their members to serve as chair. (3) The chair shall vo…

20 CAR § 401-803. Failure to appear. (a) If the appellant fails to appear at a hearing, the Long-Term Care Facility Advisory Board [abolished] may: (1) Dismiss the hearing; and (2) Render a decision based on the evidence available. (b)(1) Any dismissal may be rescinded by the boa…

20 CAR § 401-804. Hearings. (a)(1) Any party may appear at the hearing and be heard through: (A) An attorney at law; or (B) A designated representative. (2) All persons appearing before the Long-Term Care Facility Advisory Board [abolished] shall conform to the standards of condu…

20 CAR § 401-805. Decisions. (a)(1) At the conclusion of testimony and deliberations by the Long-Term Care Facility Advisory Board, the board shall vote on motions for disposition of the appeal. (2) After reaching a decision by majority vote, the board may direct that findings of…

20 CAR § 401-901. Civil penalties. (a)(1)(A) The following civil penalties pertaining to classified violations may be assessed by the Director of the Office of Long-Term Care against long-term care facilities. (B) In the case of Class A violations, the following civil penalties s…

20 CAR § 401-902. Class A violations. (a)(1) Class A violations are: (A) 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 (B) Violations that create a c…

20 CAR § 401-903. Class B violations. (a)(1) Class B violations involve conduct, acts, or omissions that, while not resulting in death or serious physical harm or the substantial probability thereof to a resident, create a condition or occurrence relating to the operation and mai…

20 CAR § 401-904. Class C violations. (a)(1) Class C violations are related to administrative and reporting requirements that do not directly threaten the health, safety, or welfare of a resident. (2) Examples of Class C violations and the points assigned to each are: (A) Listed …

20 CAR § 401-905. Class D violations. (a) Class D violations involve the failure of any long-term care facility to submit in a timely manner a statistical or financial report as required by rule. (b) The failure to submit the required reports shall be considered a separate Class …

20 CAR § 401-906. Notifications and violations. (a)(1) 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 within …

20 CAR § 401-907. Hearings. (a) A licensee may contest the imposition of a civil penalty by sending a written request for hearing to the Secretary of the Department of Human Services. (b) The request for hearing must be received by the secretary within ten (10) working days after…

20 CAR § 402-101. Definitions. The following terms are defined for the purpose of this part: (1)(A) “Nursing home” means a skilled nursing facility or a nursing facility (NF) which meets the requirements of Section 1819 or Section 1919 of the Social Security Act or meets state li…

20 CAR § 402-201. Character. (a) An applicant for licensure as a nursing home administrator shall abide by the Code of Ethics adopted by the American College of Health Care Administrators. (b) The Division of Provider Services and Quality Assurance may deny an applicant if they f…

20 CAR § 402-202. Age. An applicant for licensure as a nursing home administrator shall be at least twenty-one (21) years of age.

20 CAR § 402-203. Health. (a) An applicant shall be physically and mentally capable of performing the full-time duties of an administrator of a nursing home (Arkansas Code § 20-10-403). (b) If there are factors that indicate that an individual may not be capable of performing suc…

20 CAR § 402-204. Education. (a) A qualified applicant for licensure as a nursing home administrator shall possess the following education and experience in order to be eligible for testing: (1) For an applicant who holds a baccalaureate degree (bachelor of science or bachelor of…

20 CAR § 402-205. Administrator-in-Training Program qualifications. Applicants who do not meet the educational and experience requirements noted in 20 CAR § 402-204 must meet the qualifications for and complete the requirements of the Administrator-in-Training Program as administ…

20 CAR § 402-206. Equivalent qualifications. (a) An administrator who holds a current active license on the effective date of this part shall be deemed to have met qualifications equivalent to those required for new applicants for licensure. (b) An administrator who holds an inac…

20 CAR § 402-301. Licensure requirement. (a) No person shall administer, manage, supervise, or be in general administrative charge of a nursing home unless they are a licensed nursing home administrator in active status. (b) No nursing home within the state shall operate except u…

20 CAR § 402-302. Application for licensure. (a)(1) Applicants for licensure shall: (A) File applications under oath with the Department of Human Services, upon forms prescribed by the department; and (B) Pay the required licensure fee, as outlined in Arkansas Code § 20-10-404. (…

20 CAR § 402-303. Licensure for military personnel, veterans, and their spouses. (a) Pursuant to Arkansas Code § 17-4-101 et seq., this section applies to licensure for uniformed service members, uniformed service veterans, and their spouses as defined below: (1) A uniformed serv…

20 CAR § 402-304. Extension of license expiration and continuing education requirements for military personnel and their spouses. (a) The Department of Human Services will extend the expiration date and any continuing education requirements for nursing home administrator (NHA) li…

20 CAR § 402-305. Automatic occupational licensure of out-of-state individuals. (a) Pursuant to the Automatic Occupational Licensure for Out-of-State Licensure Act, Arkansas Code § 17-7-101 et seq., a nursing home administrator from another state may qualify as a nursing home adm…

20 CAR § 402-306. Examination for licensure. (a) All initial applicants for nursing home administrator licensure must pass a two-part written examination which shall be so designed and administered as to prove competence in nursing home administration. (b)(1) An applicant will be…

20 CAR § 402-307. Continuing education and training. (a)(1) During each licensure year, active licensed administrators must: (A) Participate in twenty (20) clock hours of continuing education at approved workshops; (B) Complete six (6) semester hours at an accredited college or u…