Arkansas Administrative Code

20 CAR § 408-701. Written approval. (a) Adult day care facilities located in organized areas or municipalities shall obtain from local fire safety officials annual written certification that the facility complies with local fire codes. (b) If there are no applicable codes, or if …

20 CAR § 408-702. Exits. (a) The facility shall have a minimum of two (2) exits remote from each other. (b) Exits shall be clearly marked with exit signs. (c)(1) Exits shall provide egress at ground level. (2) Facilities shall be housed only on the ground floor of the building. (…

20 CAR § 408-703. Smoke detection/fire extinguishers. (a)(1) Each provider shall locate, install, and maintain in operable condition smoke detectors in each room of the adult day care. (2)(A) Smoke detectors shall be inspected monthly. (B) Documentation of the monthly inspection …

20 CAR § 408-704. Fire/disaster drills. (a) Employees shall be trained in the rapid evacuation of the building, including assistance to clients in evacuation. (b)(1) Clients and staff shall take part in quarterly fire drills. (2) Documentation of the fire drills shall be kept at …

20 CAR § 408-705. Smoking. (a) Facilities may elect to prohibit smoking in the facility, on the grounds, or both. (b) If a facility elects to permit smoking in the facility or on the grounds, the facility shall include the following minimal provisions, and the facility shall ensu…

20 CAR § 408-801. Inspections by the department. (a)(1) All areas of the facility that are accessible to clients or are used in the care or support of clients, including but not limited to kitchen or food preparation areas, laundry areas, and storage areas, and all client records…

20 CAR § 408-802. General provisions. (a) The provisions of this section are supplemental to, and independent of, the provisions of Title 20 of the Arkansas Code. (b) Purpose of remedies. The purpose of remedies is to ensure prompt compliance with program requirements. (c) Basis …

20 CAR § 408-803. Remedies. (a) Available remedies. In conformity with, and in addition to remedies as set forth in Title 20 of the Arkansas Code, the following remedies are available: (1) Civil money penalties pursuant to Arkansas Code §§ 20-10-205 and 20-10-206; (2) Denial of n…

20 CAR § 408-804. Temporary director. (a)(1) “Temporary director” means the temporary appointment by the Office of Long-Term Care, or by the facility with the approval of the office, of a substitute facility director with authority to hire, terminate, or reassign staff, obligate …

20 CAR § 408-805. State monitoring. (a) A state monitor: (1) Oversees the correction of deficiencies specified by the Office of Long-Term Care at the facility site and protects the facility's clients from harm; (2) Is an employee or a contractor of the office; (3) Is identified b…

20 CAR § 408-806. Directed plan of correction. (a) The Office of Long-Term Care, or the temporary manager with office approval, may develop a plan of correction. (b) A directed plan of correction sets forth the: (1) Tasks to be undertaken; (2) Manner in which the tasks are to be …

20 CAR § 408-807. Directed in-service training. (a) Required training. (1) The Office of Long-Term Care may require the staff of a facility to attend an in- service training program if education is likely to correct, or is likely to assist in correcting, cited deficiencies. (2) T…

20 CAR § 408-808. Transfer of clients or closure of the facility and transfer of clients. (a) Transfer of clients or closure of the facility and transfer of clients in an emergency. The Office of Long-Term Care has the authority to transfer clients to another facility when: (1) A…

20 CAR § 408-809. Termination of adult day care license. (a) The remedy of termination or revocation of licensure is a remedy of last resort and may be imposed only in accordance with law or as set forth in this part. (b) Basis for termination. The Office of Long-Term Care may te…

20 CAR § 408-810. Denial or suspension of new admissions. The Office of Long-Term Care may deny to, or suspend the ability of, a facility to admit new admissions upon the imposition of a Class A violation as defined and set forth in Arkansas Code §§ 20-10-205 and 20-10-206.…

20 CAR § 408-811. Civil money penalties. The Office of Long-Term Care may impose civil money penalties in accordance with Arkansas Code §§ 20-10-205 and 20-10-206.

20 CAR § 408-812. Closure. (a)(1) Any adult day care facility that closes or ceases 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 for future licensure. (2) Closure of a facility sh…

20 CAR § 408-901. Appeals. (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 law. (b)…

20 CAR § 409-101. Definitions. (a) Where this part refers to an enactment of the General Assembly, such references 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 …

20 CAR § 409-201. Generally. (a)(1) No adult day health 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 license…

20 CAR § 409-202. Licensing information. (a) Licenses to operate an adult day health 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 tr…

20 CAR § 409-203. Initial license. (a) Initial licensure shall apply to: (1) Newly constructed facilities designed to operate as adult day health care facilities; (2) Existing structures not already licensed as adult day health care facilities on the effective date of this part; …

20 CAR § 409-204. 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 § 409-205. Application, expiration, and renewal of license. (a)(1) Applicants for licensure or renewal of adult day health care facility licensure shall obtain the necessary forms for initial or renewal licensure or relicensure of the facility after a change of ownership (…

20 CAR § 409-206. 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 operator; (2) A partnership dissolve…

20 CAR § 409-301. Governing body. Each adult day health 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 appropr…

20 CAR § 409-302. General program requirements. (a) Each person or legal entity issued a license to operate an adult day health care facility shall, through their employees and agents, provide an organized program of supervision, care, and services that: (1) Conform to Office of …

20 CAR § 409-303. 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 procedure: …

20 CAR § 409-304. 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 § 409-305. Reporting suspected abuse, neglect, or misappropriation of client property. (a)(1) Pursuant to Arkansas Code § 12-12-1701 et seq. and Arkansas Code § 12-12-501 et seq. [repealed], the facility must develop and implement written policies and procedures to ensure …

20 CAR § 409-306. 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 § 409-307. 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 § 409-308. 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 § 409-401. 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 § 409-402. Admission criteria. (a) To be eligible for an ADHC, clients must: (1) Be a functionally impaired adult; (2) Have a written recommendation for an ADHC from their physician; (3) Have a current medical history provided; and (4) Have a written plan of care. (b) Clie…

20 CAR § 409-403. Discharge criteria. The facility must develop and implement written discharge policies and procedures that are in accordance with Arkansas Code § 20-10-1005 and include, at a minimum, the following: (1) A client may be discharged only when: (A) The transfer or d…

20 CAR § 409-404. 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 § 409-405. Clients’ Bill of Rights. (a)(1) Each adult day health care program 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-fre…

20 CAR § 409-501. Mandatory services. (a) Health care services. The adult day health care program shall provide at least the following health care services: (1) Personal care such as assistance with feeding, ambulation, and toileting as needed by individual clients; (2) Monitorin…

20 CAR § 409-502. 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 § 409-601. 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 § 409-602. Furnishings. (a)(1) All equipment and furnishings shall be safe and in good condition. (2) Furniture, including dining tables and chairs, shall be of size and design that is easily used by persons with physical limitations. (3) Furniture shall be sturdy and secu…

20 CAR § 409-603. 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 § 409-604. 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 § 409-605. Ventilation. (a) The facility shall be ventilated 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…

20 CAR § 409-606. Heating and cooling. (a) The heating system shall be in compliance with 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) Porta…

20 CAR § 409-607. 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 the clients. (b) Glare shall be kept at a minimum by providing shades at all windows exposed to direct sunlight. (c) Li…