Arkansas Administrative Code

20 CAR § 407-501. Administration. (a) Each facility shall have on the premises a manager or other individual delegated with supervisory authority. (b) All communications between the Office of Long-Term Care and the facility will be through the manager. (c) The manager or any supe…

20 CAR § 407-502. Staff. Sufficient staff shall be present at all times to meet the ordinary needs of the residents.

20 CAR § 407-503. Resident records. (a) Each facility shall maintain individual records for each resident. (b) The following information shall be contained in each resident’s record: (1) Resident's name and residential address prior to admission; (2) Resident's sponsor’s name, re…

20 CAR § 407-504. Dietary services. (a) Each facility shall provide to its residents food and drink which furnishes sufficient nutrients and calories based on current recommendations of the Food and Nutrition Board of the National Academy of Sciences, National Research Council. (…

20 CAR § 407-505. Laundry and linen service. (a)(1) Each facility shall provide laundry services to its residents. (2) Laundry services may be provided by: (A) The facility; (B) Contract with an outside linen service; or (C) Permitting residents with supervision to do their own p…

20 CAR § 407-506. Housekeeping. (a)(1) Each facility shall keep all areas clean and free of insects, rodents, and trash. (2) All equipment and furnishings shall be maintained in good operating condition. (b)(1) Each residential area shall be cleaned before each use by another res…

20 CAR § 407-507. Space, furnishings, and equipment. (a) All rooms, including bedrooms, shall have light switches at the entrance to the room. (b)(1) Windows shall be kept clean and in good repair and supplied with curtains, shades, or drapes. (2) Each window shall have a screen …

20 CAR § 407-508. Residential areas. (a) Each residential area shall have living room space meeting the following requirements: (1) At least twenty square feet (20 sq. ft.) of living room space must be provided for each licensed bed in the residential area; (2) The living room sp…

20 CAR § 407-509. Baths and toilets. (a)(1) In residential areas, there shall be a minimum of one (1) toilet and one (1) lavatory for each six (6) residents. (2) A minimum of one (1) tub or shower shall be provided for each ten (10) residents. (3) In educational and administrativ…

20 CAR § 407-510. Bedrooms. (a)(1) No bedrooms shall be below ground level. (2) If the floor level of a bedroom is above grade on one (1) exterior wall, the bedroom shall not be considered to be below ground level. (3)(A) For natural ventilation, each bedroom shall have an outsid…

20 CAR § 407-511. Other plant requirements. (a)(1) An adequate supply of potable water, under pressure, shall be provided at all times. (2)(A) When a public water system is available, a connection to it shall be made. (B) If water from a source other than public water supply is u…

20 CAR § 407-512. Safety standards. (a)(1) Life Safety Code 1985, Chapters 1 – 7 shall apply to all buildings containing residential areas. (2) Chapters 16, 18, 20, and 21, as appropriate, shall apply to buildings containing residential areas, depending on the living and structur…

20 CAR § 407-513. Maintenance. (a) Each facility shall establish and conduct a maintenance program to: (1) Ensure the continued maintenance of the facility’s plant; (2) Promote good housekeeping procedures; and (3) Ensure sanitary practices. (b) Each facility shall: (1) Maintain …

20 CAR § 407-601. Interpretation. Whenever in this part any word importing the singular or plural number is used in describing any matter, person, or thing, the word shall be deemed to include the plural or singular.

20 CAR § 407-602. Judicial power of enforcement. (a) The Office of Long-Term Care may bring an action for a temporary restraining order, preliminary injunction, or permanent injunction against the licensee of a facility to enjoin one (1) or more of the following: (1) Operation of…

20 CAR § 408-101. Definitions. (a) Where this part refers to an enactment of the General Assembly, such reference shall include subsequent enactment or amendments by the General Assembly on the same subject matter. (b) As used in this part the following definitions shall apply un…

20 CAR § 408-201. Generally. (a)(1) No adult day 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 licenses issue…

20 CAR § 408-202. Licensing information. (a) Licenses to operate an adult day care facility are effective beginning July 1 and expiring on the following June 30. (b) Licenses shall be issued only for the premises and persons specified in the application and shall not be transfera…

20 CAR § 408-203. Initial license. (a) Initial licensure shall apply to: (1) Newly constructed facilities designed to operate as adult day care facilities; (2) Existing structures not already licensed as adult day care facilities on the effective date of this part; and (3) Facili…

20 CAR § 408-204. Compliance. (a) An initial license will not be issued until the Department of Human Services verifies that the facility is in compliance with, and able to meet, the licensing standards and program requirements set forth in this part. (b)(1) An initial license wi…

20 CAR § 408-205. Application, expiration, and renewal of license. (a)(1) Applicants for licensure or renewal of adult day care facility licensure shall obtain the necessary forms for initial or renewal licensure or relicensure of the facility after a change of ownership (see 20 …

20 CAR § 408-206. Change in ownership. (a) Transactions constituting a change in ownership include, but are not limited to, the following: (1) A sole proprietor becomes a member of a partnership or corporation, succeeding him or her as the new director; (2) A partnership dissolve…

20 CAR § 408-301. Governing body. Each adult day care facility shall have an owner or 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 us…

20 CAR § 408-302. General program requirements. (a) Each person or legal entity issued a license to operate an adult day care facility shall, through their employees and agents, provide an organized program of supervision, care, and services that: (1) Conform to Office of Long-Te…

20 CAR § 408-303. Personnel and general policies and procedures — Required policies and procedures governing general administration of the facility. (a)(1) The facility must develop, maintain, follow, and make available for public inspection the following policies and procedures:…

20 CAR § 408-304. General requirements concerning clients. The facility shall: (1)(A) Permit unrestricted visiting hours. (B) However, facilities may deny visitation when visitation results or a substantial probability exists that visitation will result in disruption of service t…

20 CAR § 408-305. Reporting suspected abuse, neglect, or misappropriation of client property. (a)(1) Pursuant to the Adult and Long-Term Care Facility Resident Maltreatment Act, Arkansas Code § 12-12-1701 et seq., and Arkansas Code § 12-12- 501 et seq. [repealed], the facility mu…

20 CAR § 408-306. Emergency medical plan. (a) Each provider shall have a written emergency medical plan which ensures transportation to a hospital or other type of facility providing emergency care. (b) The facility shall have on file a written agreement, signed by the client or …

20 CAR § 408-307. Administrative records. Administrative records must include at least: (1)(A) A written program description, copies of which are available to: (i) The Department of Human Services; (ii) Clients; (iii) Families; or (iv) Other interested parties. (B) The document s…

20 CAR § 408-308. Client records. (a) The facility must maintain a separate and distinct record for each client. (b) The record must contain: (1) The client’s name; (2) The client’s address; (3) The admission date; (4) The name, office telephone number, and emergency telephone nu…

20 CAR § 408-401. Admission agreement. (a) Each director shall execute with and provide to each client at or prior to admission, and periodically thereafter, for changes as specified in this section, a written admission agreement dated and signed by the client or their legal guar…

20 CAR § 408-402. Admission criteria. (a) To be eligible for an ADC, clients must: (1) Be a functionally impaired adult; (2) Have a current medical history provided; and (3) Have a written plan of care, if the client is on an approved waiver program. (b) Clients will be ineligibl…

20 CAR § 408-403. Discharge criteria. The facility must develop and implement written discharge policies and procedures that are in accordance with Arkansas Code § 20-10-1005 and that include, at a minimum, the following: (1) A client may be discharged only when: (A) The transfer…

20 CAR § 408-404. Client rights. (a)(1) The facility shall develop, maintain, and follow written policies and procedures defining the rights and responsibilities of clients. (2) The policies shall present a clear statement defining how clients are to be treated by the facility, i…

20 CAR § 408-405. Clients’ Bill of Rights. (a)(1) Each adult day care must post the Clients’ Bill of Rights, as provided by the Department of Human Services, in a prominent place in the facility. (2) The Clients’ Bill of Rights must prominently display the toll-free number for co…

20 CAR § 408-501. Mandatory services. The adult day care program shall provide at least the following services: (1) Activities of daily living. (A) The adult day care program shall provide assistance with walking, toileting, feeding, grooming, dressing, and other activities of da…

20 CAR § 408-502. Other services. (a) The provider may offer the following services: transportation between the client’s home and the facility. (b) If transportation services are offered, whether provided directly or under contract, the facility shall ensure that: (1) The driver …

20 CAR § 408-601. Space requirements. (a) Space requirements shall be forty square feet (40 sq. ft.) per participant. (b) Minimum space requirements do not include office space, bathrooms, storage, or dining rooms, unless the latter are also used for activities. (c)(1) Adult day …

20 CAR § 408-602. Furnishings. (a)(1) All equipment and furnishings shall be safe and in good condition. (2) Furniture, including dining tables and chairs, shall be of a size and design that is easily used by persons with physical limitations. (3) Furniture shall be sturdy and se…

20 CAR § 408-603. Equipment and supplies. (a) Equipment and supplies shall be adequate to meet the needs of clients. (b) They shall include items necessary to: (1) Provide direct care; and (2) Encourage active participation and group interaction.…

20 CAR § 408-604. Building construction/maintenance. (a) The building in which the program is located shall be of sound construction and maintained in good repair. (b) No facility shall be licensed in a factory-built structure constructed in accordance with the Federal Manufactur…

20 CAR § 408-605. Ventilation. (a) Ventilation shall be by either natural or mechanical means. (b) All screen doors shall: (1) Be equipped with self-closing devices; and (2) Fit tightly within the door frame. (c) Doors, windows, and other openings to the outside shall be screened…

20 CAR § 408-606. Heating and cooling. (a) The heating system shall be in compliance with the all state and local codes. (b) Exposed heating pipes, hot water pipes, or radiators in rooms and areas used by clients shall be covered or protected and insulated when appropriate. (c) P…

20 CAR § 408-607. Lighting/electrical. (a) There shall be illumination in all participant use areas that is appropriate to the uses of the area and the needs of clients. (b) Glare shall be kept at a minimum by providing shades at all windows exposed to direct sunlight. (c) Light …

20 CAR § 408-608. Plumbing. (a) All plumbing and plumbing fixtures shall conform to applicable local codes. (b) There shall be no cross-connection between any potable water supply and any source of pollution through which the potable water supply might become contaminated.…

20 CAR § 408-609. Water system. (a) An adequate supply of water, the source of which is approved by the state water control authority, under sufficient pressure to properly serve the facility, shall be provided. (b) The potable water system shall be installed to preclude the poss…

20 CAR § 408-610. Drinking water. (a) Drinking water shall be easily accessible to the clients and provided by either an angle jet drinking fountain with mouth guard or by a running water supply with individual drinking cups, or bottled water supply with individual drinking cups.…

20 CAR § 408-611. Toilet facilities. (a) At least one (1) toilet and washbowl shall be provided for each ten (10) clients and shall have an additional toilet and washbowl for each five (5) clients over the ten (10) e.g., if the facility has thirty-five (35) licensed slots, the fa…

20 CAR § 408-612. Accommodations for individuals with disabilities. (a) Facilities shall have ramps or other means of accessibility for individuals with disabilities to all areas of the facility utilized by clients. (b) All facilities will make provisions for the clients they acc…

20 CAR § 408-613. Stairways/hallways. (a) Stairways and hallways shall be: (1) Kept free of obstructions; and (2) Well lighted. (b) All stairways and ramps shall have nonslip surface or treads. (c) All inside and outside stairways and ramps shall have handrails securely affixed t…