Arkansas Administrative Code

20 CAR § 409-608. 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 § 409-609. 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 § 409-610. 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 § 409-611. 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 § 409-612. 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 § 409-613. Stairways/hallways. (a) Stairways and hallways shall be: (1) Kept free of obstructions; and (2) Be well lighted. (b) All stairways and ramps shall have nonslip surfaces or treads. (c) All inside and outside stairways and ramps shall have handrails securely affix…

20 CAR § 409-614. Floor covering. (a) All rugs and floor coverings shall be secured to the floor. (b) Throw rugs shall not be used. (c) Polish used on floors shall provide a nonslip finish.

20 CAR § 409-615. Housekeeping and maintenance. (a) Sufficient housekeeping and maintenance service shall be provided to maintain the facility in good repair and in a safe, clean, orderly, and sanitary manner. (b) All areas of the facility must be kept clean and free of: (1) Inse…

20 CAR § 409-616. Storage of cleaning supplies. Cleaning agents, pesticides, and poisonous products shall be: (1) Stored at all times apart from food and in a locked room, closet, or cabinet; and (2) Issued and utilized in a manner which ensures the safety of clients and staff.…

20 CAR § 409-701. Written approval. (a) Adult day health 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,…

20 CAR § 409-702. 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) The facility may only be housed on the ground floor of a building appr…

20 CAR § 409-703. 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 health care. (2)(A) Smoke detectors shall be inspected monthly. (B) Documentation of the monthly insp…

20 CAR § 409-704. 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 § 409-705. 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 § 409-801. 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 § 409-802. 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 § 409-803. 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 …

20 CAR § 409-804. 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 § 409-805. 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 § 409-806. 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 § 409-807. 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) Th…

20 CAR § 409-808. 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 § 409-809. Termination of adult day health 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 subsection (b) of this section. (b) Basis for termination. The Of…

20 CAR § 409-810. 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 § 409-811. 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 § 409-812. Closure. (a)(1) Any adult day health 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 faci…

20 CAR § 409-901. 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 § 410-1001. Generally. (a)(1) An assisted living facility shall provide, make available, coordinate, or contract for services that meet the care needs identified in the services plan portion of residents’ occupancy admission agreements, to meet unscheduled care needs of re…

20 CAR § 410-1002. Housekeeping and maintenance. (a) Each assisted living facility shall establish and conduct a housekeeping and maintenance program to: (1) Ensure the continued maintenance of the facility in good repair; (2) Promote good housekeeping procedures; and (3) Ensure …

20 CAR § 410-1003. Linen and laundry services. (a) Each assisted living facility shall offer laundry facilities or services to its residents. (b) Each assisted living facility shall meet the following laundry service requirements: (1)(A) Each assisted living facility shall have l…

20 CAR § 410-1004. Dietary services — Required facility dietary services. (a)(1) As part of the basic charge, each assisted living facility must make available food for three (3) balanced meals, as specified in 20 CAR § 410-803(b)(1)(F), and make between-meal snacks available. (2…

20 CAR § 410-1005. Direct care services. (a) Direct care services directly help a resident with certain activities of daily living such as: (1) Assistance with mobility and transfers; (2) Hands-on or cuing assistance to a resident to eat meals or food; (3) Grooming; (4) Shaving; …

20 CAR § 410-101. Scope. (a) This part constitutes the basis for the licensure of Level I assisted living facilities by the Office of Long-Term Care. (b) The office reserves the right, and may at any time, waive any or all of the requirements herein in event of emergency or for g…

20 CAR § 410-102. Purpose. (a) The purpose of this part is to establish standards for Level I assisted living facilities that provide services in a homelike environment for elderly and disabled persons. (b)(1) Level I assisted living facilities ensure that residents receive suppo…

20 CAR § 410-103. 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 u…

20 CAR § 410-1101. Healthcare services generally. (a) The assisted living facility shall ensure that the resident receives healthcare services under the direction of a licensed home health agency when services are needed on a short-term basis. (b) A copy of the home health agency…

20 CAR § 410-1102. Medication administration. (a)(1) Each assisted living facility must have written policies and procedures to ensure, and facilities must ensure, that residents receive medications as appropriate. (2) In-service training on facility medications policies and proc…

20 CAR § 410-1103. Medication 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 residents’ apartments or units. (2) Prior to a res…

20 CAR § 410-1104. Medication charting. (a) If a facility stores a resident’s medications, the facility shall maintain a list of those medications that must be maintained in the resident’s record. (b)(1) If the facility stores and supervises a resident’s medication, a notation mu…

20 CAR § 410-1105. Cycle fill and change of condition. (a)(1) Medications that are stored by the facility for residents may be cycle-filled. (2) Only oral solid medications may be cycle-filled, provided, however, that if an oral solid medication meets one (1) of the categories be…

20 CAR § 410-1106. First-aid procedures. (a) Facility staff may perform emergency or first-aid procedures as specified below: (1) Emergencies are defined as those measures necessary to prevent death or trauma until such time that the resident can be transported to the appropriate…

20 CAR § 410-1107. Influenza immunization of residents. (a) The facility shall ensure that all Medicare-eligible residents receive annual influenza immunizations except when: (1) Objection is made on religious grounds; or (2) Immunization is medically contraindicated. (b) The fac…

20 CAR § 410-1201. Services. (a)(1) An initial needs assessment or evaluation is to be completed for each resident to identify all needed services. (2) Subsequent needs assessment or evaluation is to be completed on each resident at least annually and more often as changes occur.…

20 CAR § 410-1202. Healthcare services. (a) If the resident’s needs assessment or evaluation indicates that the resident requires healthcare services, the resident is not appropriate for Level I assisted living unless the health needs can be met by a licensed home health agency o…

20 CAR § 410-1203. Ancillary services. All ancillary services (both core services (20 CAR § 410-803(b)(1)) and any other ancillary services identified as wanted by the resident or his or her responsible party to be provided by the facility at additional cost to the resident or hi…

20 CAR § 410-1204. Review/revision of services. (a)(1) Services needs of each resident in the facility shall be reviewed at least annually, and the services plan portion of the occupancy admission agreement revised, if necessary. (2) Revision of the services plan portion of the o…

20 CAR § 410-1301. Compliance agreements generally. (a) A Level I assisted living facility shall not admit any resident whose needs are greater than the facility is licensed to provide. (b) The Level I assisted living facility shall not provide services to residents who: (1)(A) N…

20 CAR § 410-1401. Definitions. For the purposes of this subpart, the following terms are defined as follows: (1) “Activities of daily living (ADLs)” means: (A) Ambulating; (B) Toileting; (C) Grooming; (D) Eating; (E) Bathing; or (F) Dressing; (2)(A) “Advertise” means to make pub…

20 CAR § 410-1402. General administration. (a) Miscellaneous. (1)(A) Visitors shall be permitted at all times. (B) However, facilities may deny visitation when visitation results, or substantial probability exists that visitation will result, in disruption of service to other res…

20 CAR § 410-1403. Assessments. (a) Psychosocial and physical assessments. (1) Each resident shall receive a psychosocial and physical assessment which includes: (A) The resident’s degree or level of family support; (B) The level of activities of daily living functioning; (C) Cog…