Arkansas Administrative Code

20 CAR § 404-208. Checks confidential. (a) All reports obtained under this part are confidential and are restricted to the exclusive use of the: (1) Arkansas Crime Information Center; (2) Identification Bureau of the Division of Arkansas State Police; (3) Licensing agency; and (4…

20 CAR § 404-209. Records. (a) Each long-term care facility shall maintain on file, subject to inspection by the Arkansas Crime Information Center, the Identification Bureau of the Division of Arkansas State Police, or the licensing agency: (1) Evidence that criminal record check…

20 CAR § 404-301. When to conduct check. (a) A criminal record check must be conducted: (1) When a person applies for a position as an employee, as defined by this part; and (2) The long-term care facility intends to make an offer of employment to the applicant. (b) The same proc…

20 CAR § 404-302. Employment clearance registry. (a)(1) The Office of Long-Term Care shall maintain an online employment clearance registry database (ECR) of previously conducted criminal record checks on applicants of long-term care facilities that resulted in an employment disq…

20 CAR § 404-303. State criminal records check. If, after checking the online ECR system maintained by the Office of Long-Term Care, there was no previous disqualification determination listed on the applicant, the facility shall perform an on-line state criminal record check on …

20 CAR § 404-304. National criminal background check. (a)(1) If the facility cannot verify that the applicant has lived continuously in the state for the past five (5) years, the facility shall also perform a national criminal history records check on the applicant. (2) The facil…

20 CAR § 404-305. Waiting for official check results. (a) After employment clearance is obtained from the online ECR system maintained by the Office of Long-Term Care and the person has not listed prior criminal convictions on the DMS-736 form, a facility may make an offer of tem…

20 CAR § 404-306. Completion of checks. (a) Upon completion of the criminal record check on an applicant or employee, the Identification Bureau of the Division of Arkansas State Police shall issue a report to the Office of Long-Term Care or the requesting facility, depending upon…

20 CAR § 404-401. Operator application for license. (a) When an operator applies for a license to operate a long-term care facility, the operator shall complete a criminal record check form (DMS-736) and national record check fingerprint card obtained from the Office of Long-Term…

20 CAR § 404-402. Timing and frequency of criminal record checks. (a) The requirement for a criminal record check for an operator shall apply to the first application signed by an operator and the operator shall undergo periodic criminal record checks no less than one (1) time ev…

20 CAR § 404-403. Provisional license. (a) The Office of Long-Term Care shall issue a forty-five-calendar-day provisional license to a long-term care facility whose operator has been determined to be disqualified based on these provisions. (b) A long-term care facility that is is…

20 CAR § 404-404. Failure or refusal to cooperate. If an operator or long-term care facility fails or refuses to cooperate in obtaining criminal record checks, such circumstances shall be grounds to deny or revoke the facility's license or operating authority, provided that the p…

20 CAR § 404-501. When check not required. (a)(1) Any person who submits evidence of having maintained employment in the State of Arkansas for the past twelve (12) months and of successfully completing a criminal record check within the last twelve (12) months or in accordance wi…

20 CAR § 404-502. Valid and transferable employment determination. (a) Under some circumstances, an employment determination performed by other offices or divisions of the Department of Human Services and the criminal history records check used to make the determination for an ap…

20 CAR § 404-503. Professional licenses. The requirement for a criminal record check under this part shall not apply to persons who render care subject to professional licenses obtained for the following occupations: (1) Licensed professional counselors; (2) Social workers; (3) D…

20 CAR § 404-601. Waivers. (a) For the period from October 1, 1997, through October 1, 2001, the Office of Long-Term Care offered a waiver process to individuals who had been disqualified from employment based on their criminal history. (b) Pursuant to Acts 2001, No. 1710, the of…

20 CAR § 404-602. Disqualification. (a) If the employment disqualification has been previously waived, the individual’s status on the employment clearance registry (see 20 CAR § 404-301 et seq.) shall continue to list the individual with a disqualification. (b) The inquiring part…

20 CAR § 404-603. Effect of waiver. (a) A facility is not obligated to employ or offer permanent employment to an applicant or retain an employee who has been granted a waiver. (b) If employment is offered to a person who has been granted a waiver, the hiring facility shall condu…

20 CAR § 404-604. Revocation of waiver. (a) Any further criminal convictions of any nature or substantiated administrative findings of abuse, neglect, or theft shall be grounds to revoke a waiver. (b) A person who has a waiver revoked shall not be eligible for another waiver.…

20 CAR § 404-701. Penalties generally. (a) A long term-care facility that violates or fails to comply with requirements to obtain and maintain on file documentation of criminal record checks as specified in this part shall be assessed civil money penalties or shall be grounds to …

20 CAR § 404-702. Criteria for assessing penalties. In determining whether a penalty is to be assessed and in affixing the type and/or amount of monetary penalty, the Director of the Office of Long-Term Care shall consider: (1) The gravity of the violation, including the probabil…

20 CAR § 404-703. Violations. (a)(1) Violations or failures to comply with these requirements are subject to a Class C civil penalty as described in Subpart 13, Fines and Sanctions, of Rules for Nursing Homes, 20 CAR pt. 400, and Appendix B of the Rules for the Licensure of Resid…

20 CAR § 404-704. Notification of violations. Notifications of violations and any subsequent hearings shall conform to such provisions as outlined in Subpart 13, Fines and Sanctions, of Rules for Nursing Homes, 20 CAR pt. 400, as listed above.

20 CAR § 404-705. Misdemeanor. Any unlicensed long-term care facility violating this part shall be guilty of a Class A misdemeanor for each violation.

20 CAR § 404-801. Hearings. (a) Administrative hearings are available to persons, herein referred to as petitioners, who disagree with determinations of employment or licensure disqualification made by the Office of Long-Term Care as described in this part. (b) These provisions d…

20 CAR § 404-802. Notice of appeal. (a) When a petitioner wishes to appeal, he or she may do so by mailing a written notice of appeal to: Department of Human Services Office of Chief Counsel, Appeals and Hearings (Slot 1001) P.O. Box 1437 Little Rock, Arkansas 72203 (b)(1) The no…

20 CAR § 404-803. Hearing procedures. (a) A hearing shall be conducted by the Appeals and Hearings Section. (b) The procedures to conduct the hearing are as follows: (1)(A) The hearing record will contain all documents, exhibits, and testimony admitted into evidence by the hearin…

20 CAR § 404-804. Further review. Any further review must be pursued in accordance with the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq.

20 CAR § 405-101. Generally. (a)(1) Each Medicaid-certified nursing facility will evaluate each nursing home applicant's need for nursing home services using the Form DMS-703. (2) A thorough and complete evaluation must be conducted to ensure that individuals who do not require n…

20 CAR § 405-102. Nursing facility procedures for medial need assessments. (a)(1) Complete the Form DHS-703 for each applicant. (2) Be sure to mark the appropriate box for application, ensure that all areas are completed, and that the applicant's degree of incapacity is reflected…

20 CAR § 405-103. Office of Long-Term Care procedures for medical need assessments. (a) On receipt of a complete medical need assessment packet (Forms DHS-703, DMS-787, and if applicable the DMS-780, and any other necessary documentation), the information received will be reviewe…

20 CAR § 405-201. Generally (a) Under current federal regulations, all nursing home applicants, including private pay applicants, must be screened for diagnoses or other indicators of mental illness and/or mental retardation/developmental disability (MI/MR/DD) prior to admission …

20 CAR § 405-202. Nursing facility procedures for preadmission screening for mental illness and/or mental retardation. (a)(1) Complete the Form DMS-787 for all applicants (including private pay) to the nursing facility. (2) This is the Level I identification phase of the preadmis…

20 CAR § 405-203. Office of Long-Term Care–PASRR — Procedures for preadmission screening for mental illness and/or mental retardation. (a) On receipt of a complete assessment packet (Forms DHS-703, DMS-787, and form DMS-780 if applicable), the Office of Long-Term Care–PASSR will …

20 CAR § 405-301. Prior authorization for out-of-state applicants. (a)(1) Applicants or transfers from other states, including border areas, must receive authorization from the Office of Long-Term Care’s Medical Needs Determination Unit prior to admission to an Arkansas nursing f…

20 CAR § 405-302. Private pay applicants. (a)(1) All private pay (Medicare, United States Department of Veterans Affairs contract, private insurance, etc.) applicants must be screened for mental illness and/or mental retardation/developmental disability (MI/MR/DD) prior to admiss…

20 CAR § 405-303. Dementia. (a) Persons with a diagnosis of dementia (including Alzheimer's disease or other related disorders) that is based on the criteria of the Diagnostic and Statistical Manual for Mental Disorders, 3rd Ed. (DSM-IV-R) are excluded from the definition of ment…

20 CAR § 405-304. Placement of hospitalized patients. (a) Hospital discharge planners should make referrals of hospitalized patients to the nursing facility as soon as it is anticipated that placement in a Medicaid-certified nursing facility is likely. (b)(1) Hospital discharge p…

20 CAR § 405-305. Forms distribution. Nursing facilities and hospitals can download the applicable forms from the Office of Long-Term Care web site at http://www.medicaid.state.ar.us/general/units/oltc.

20 CAR § 405-401. Definitions. As used in this subpart: (1)(A) “Eating” means the intake of nourishment and fluid, excluding tube feeding and total parenteral (outside the intestines) nutrition. (B) This definition does not include meal preparation; (2) “Extensive assistance” mea…

20 CAR § 405-402. Functionally disabled elderly individual. (a) To be determined a functionally disabled elderly individual, the individual must meet at least one (1) of the following three (3) criteria as determined by a licensed medical professional: (1) The individual is unabl…

20 CAR § 405-403. Eligibility for waiver services. (a) When determining eligibility for waiver services, if an individual requires a skilled level of care as defined in 20 CAR § 405-401, eligibility for Medicaid will be denied. (b) Likewise, if an individual has a serious mental …

20 CAR § 407-101. Definitions. The following terms are defined for the purpose of this part: (1) “Behavior modification” means things or events that are used in a timely manner to discourage undesired behavior; (2) “Board” means the Long-Term Care Facility Advisory Board [abolish…

20 CAR § 407-102. Responsibilities of the Office of Long-Term Care. The Office of Long-Term Care shall have the following responsibilities: (1) To review and grant or deny all applications for licenses to operate as a facility; (2) To investigate and take appropriate action again…

20 CAR § 407-103. Responsibilities of the facility. Each facility shall have the following responsibilities: (1) To provide to its residents a comprehensive program of care which: (A) Conforms fully with this part; (B) Meets the needs of the resident; (C) Provides M1 protection o…

20 CAR § 407-201. Operation without a license. No facility shall be established, operated, or maintained in the State of Arkansas without first obtaining a license.

20 CAR § 407-202. Application for license. (a)(1) Applicants for licenses shall: (A) File applications under oath with the Office of Long-Term Care upon forms prescribed by the Division of Medical Services; and (B)(i) Pay an annual fee of ten dollars ($10.00) to the division. (ii…

20 CAR § 407-203. Qualification for license. A licensee must satisfy the following minimum qualifications: (1) Sufficient financial resources to meet the needs of its residents; (2) Have no prior convictions under Acts 1979, No. 28; and (3) Have sufficient qualified staff to meet…

20 CAR § 407-204. Term. A license is effective from the date of issue through December 31 of the then-current calendar year.

20 CAR § 407-205. Renewal. (a) Applications for renewal shall be made annually and on forms provided by the Office of Long-Term Care. (b) Applications shall contain: (1) The name and address of the applicant; and (2) Such information that has changed since the filing of the previ…