Arkansas Administrative Code

20 CAR § 407-206. Transfer. (a) Licenses are not transferable. (b) The transfer of thirty percent (30%) or more equity interest in the licensee shall: (1) Be considered a change of ownership; and (2) Require a new application for licensure.…

20 CAR § 407-207. Closure. Any facility that closes or that loses or surrenders its license for whatever reason must meet the rules for new construction to be eligible for relicensure.

20 CAR § 407-208. Separate premises. Separate licenses are required for operations maintained at separate, noncontiguous premises, even if they are operated under the same management.

20 CAR § 407-209. 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 § 407-210. Compliance. (a) When noncompliance with licensure standards is detected during surveys, the licensee will be notified of the violations and will be requested to provide a plan of correction which must include a timetable for completion of the corrections. (b) If…

20 CAR § 407-211. Revocation of license. The Division of Medical Services may deny, suspend, or revoke a license on any of the following grounds: (1) Violation of any of the provisions of Acts 1979, No. 28, as amended by Acts 1987, No. 602, resulting in a notice of violation bein…

20 CAR § 407-212. Notice and procedure on hearing prior to denial, suspension, or revocation of a license. (a)(1) Whenever the Office of Long-Term Care denies, suspends, or revokes a license, it shall send to the applicant or licensee, by certified mail, a notice stating the reas…

20 CAR § 407-213. Appeals to court. (a) Any applicant or licensee who considers himself or herself injured in his or her person, business, or property by the final decision of the Chair of the Long-Term Care Facility Advisory Board [abolished] shall be entitled to judicial review…

20 CAR § 407-214. Penalties. Any person establishing, conducting, managing, or operating any facility without first obtaining a license, or who violates any provisions of the act or rules shall be guilty of a misdemeanor, and upon conviction shall be liable to a fine of not less …

20 CAR § 407-215. Receivership. (a) Arkansas Code § 20-10-902 describes the purpose for development of a mechanism for the concept of receivership to protect residents in long-term care facilities. (b) Utilization of the receivership mechanism shall be: (1) A remedy of last resor…

20 CAR § 407-216. Fines and sanctions. Arkansas Code § 20-10-205 provides for fines and sanctions of Long-Term Care Facilities for violations of rules duly adopted and promulgated by the Department of Human Services, Division of Medical Services, Office of Long-Term Care.…

20 CAR § 407-301. Admissions criteria. (a) A facility shall admit, retain, and care for only those residents for whose needs the facility is capable of providing and is licensed to provide. (b) Each resident admitted must meet the following criteria: (1)(A) Be at least eighteen (…

20 CAR § 407-302. Policies. Each facility shall develop, subject to review and approval by the Office of Long-Term Care, written policies and practices concerning the admission, transfer, and discharge of residents.

20 CAR § 407-303. Program development. (a) The facility, prior to admitting any resident, shall interview the resident and the resident’s sponsor to: (1) Identify the resident’s needs; and (2) Determine whether the facility may meet those needs adequately. (b) Upon admission, the…

20 CAR § 407-304. Discharge and transfer. (a) Occupancy of a facility by any resident shall not be terminated unless such termination is permitted under the terms of the admission agreement or this section. (b) Every resident, if competent, or the resident’s sponsor if the reside…

20 CAR § 407-401. Specific residents rights. Each resident shall have the following specific rights, and each facility shall safeguard and not abridge these rights: (1)(A) The facility shall have written policies and procedures defining the rights and responsibilities of resident…

20 CAR § 407-402. 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 services available in the facility including any charges for services. (2) Residents have the right to ch…

20 CAR § 407-403. Medical 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: (A) Shall be afforded the opportunity to participate in the planning of his or her total medical care; and (B) M…

20 CAR § 407-404. Transfer and discharge. (a)(1)(A) A resident may be transferred or discharged only for: (i) Medical reasons; (ii) His or her welfare or the welfare of other residents; (iii) The resident presents a danger to safety or health of other residents; (iv) Because the …

20 CAR § 407-405. Exercising rights. (a)(1) Each resident admitted to the facility will be encouraged and assisted to exercise constitutional and legal rights as a resident and a citizen including the right to vote, and the facility shall make accommodations to ensure free exerci…

20 CAR § 407-406. Financial management. 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 applicable rules.

20 CAR § 407-407. Resident abuse. (a)(1) 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 necessar…

20 CAR § 407-408. Mechanical supports. (a) Mechanical supports used to achieve body position and balance must be designed and applied under the supervision of a qualified professional and in accordance with principles of: (1) Good body alignment; (2) Concern for circulation; and …

20 CAR § 407-409. Confidentiality of medical records. (a) Each resident is ensured 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 hea…

20 CAR § 407-410. Respectful 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 wh…

20 CAR § 407-411. Resident communications. Residents may associate or communicate privately with persons of their choice, and may send or receive personal mail unopened, unless medically contraindicated and documented by the physician in the medical record.

20 CAR § 407-412. Resident visitors. (a)(1) Policies and procedures shall permit residents to receive visits from anyone they wish, provided a particular visitor may be restricted for the following reasons: (A) The resident refuses to see the visitor; (B) The resident's physician…

20 CAR § 407-413. Resident financial management. (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:…

20 CAR § 407-414. Resident trust accounts. The facility shall have written policies and procedures for the management of client trust accounts.

20 CAR § 407-415. Responsibility for resident accounts. An employee shall be designated to be responsible for resident accounts.

20 CAR § 407-416. System of accounting. The facility shall establish and maintain a system that uses generally accepted accounting principles.

20 CAR § 407-417. Prohibition against commingling resident funds. The facility shall not commingle resident funds with any other funds other than resident funds.

20 CAR § 407-418. Written receipts. The facility system of accounting includes written receipts for: (1) Funds received by or deposited with the facility; and (2) Disbursements made to or for the resident.

20 CAR § 407-419. Collective checking account. (a) All personal allowance moneys received by the facility are placed in a collective checking account. (b) The checking account will be reconciled on a monthly basis. (c) Any cost incurred for this account shall not be charged to th…

20 CAR § 407-420. Resident savings accounts. When appropriate, individual savings accounts shall be opened for residents in accordance with Social Security rules governing savings accounts.

20 CAR § 407-421. Petty cash fund. A cash fund specifically for petty cash shall be maintained in the facility to accommodate the small cash requirement of the residents.

20 CAR § 407-422. Resident personal funds. (a)(1) The facility shall, at the resident’s request, keep on deposit personal funds over which the resident has control. (2) Should the resident request these funds, they are given to him or her on request with receipts maintained by th…

20 CAR § 407-423. Financial transactions on resident’s behalf. (a) If the facility makes financial transactions on a resident's behalf, the resident, guardian, or responsible party shall receive an itemized accounting of disbursements and current balances at least quarterly. (b) …

20 CAR § 407-424. Control and discipline of residents. (a)(1) Each facility shall develop a written policy for the control and discipline of residents. (2) A copy of the policy shall be posted in each residential area at the facility. (3) A copy of the policy shall be provided to…

20 CAR § 407-425. Behavior modification. Each facility shall: (1) Develop a written policy of the use of behavior modification in accordance with applicable state and federal laws and regulations; and (2) Furnish a copy of such policy to the Office of Long-Term Care.…

20 CAR § 407-426. Grievances. Each resident shall have the right to present to the facility or to the Office of Long-Term Care any grievance without fear of reprisal.

20 CAR § 407-427. Individual service plan. (a) Within thirty (30) days of the admission of a resident to a facility, the facility shall prepare an individual service plan setting forth the: (1) Needs of the resident to be treated by the facility; (2) Services to be provided by th…

20 CAR § 407-428. Health, mental health, and other professional services. (a) The facility shall ensure that each resident has access to health, mental health, and other professional services necessary to maintain the resident’s physical and mental health. (b) The facility shall …

20 CAR § 407-429. Medications. (a)(1) Any medication required by a resident must be: (A) Self-administered by the resident; or (B) Administered by a licensed home health agency. (2)(A) A facility and its staff shall not administer any medication, other than emergency or first aid…

20 CAR § 407-430. Home health service. (a) Home health services, including skilled nursing visits and procedures, physical or speech therapy, and home health aide services, may be provided in a facility by a licensed home health agency. (b) Any home health services must be ordere…

20 CAR § 407-431. Supervision. (a)(1) A facility shall provide, as part of services included in the basic program, supervision as is appropriate to maintain and promote the well-being of each resident. (2) “Supervision” means guidance of a resident in carrying out activities of d…

20 CAR § 407-432. Activities and socialization. Each facility shall provide, as part of the services and accommodations included in the individual service plan, an organized program of individual and group activities appropriate to the resident’s needs, interests, and wishes: (1)…

20 CAR § 407-433. Unauthorized services. (a) No facility shall provide medical or nursing services. (b) No facility shall accept or retain any resident who requires a skilled nursing or intermediate level of care or who exhibits the conditions listed below: (1) Suffering from suc…

20 CAR § 407-434. Transfer. (a) Facilities shall make arrangements with a licensed physician, hospital, or nursing home to transfer residents who require skilled or intermediate nursing care or more technical nursing or medical services than those permissible within the facility.…

20 CAR § 407-435. Personal funds accounts. (a) Each resident shall have the opportunity to place personal funds in a facility-maintained account. (b) The facility shall administer the resident’s personal funds account as follows: (1) All personal funds deposited by residents in p…