Arkansas Administrative Code

20 CAR § 410-402. Staffing plan. (a)(1) To effectuate the intent of this part, the assisted living facility shall develop a staffing plan to ensure sufficient personnel/staff/employees are available to meet the needs of the residents. (2) A facility shall meet minimum staffing ra…

20 CAR § 410-403. Orientation and training. (a) All staff including contracted personnel who provide services to residents, excluding licensed home health agency staff, shall receive orientation and training on the following topics within the timeframes specified herein: (1) With…

20 CAR § 410-404. Dementia training. (a) Dementia training shall be culturally competent for covered staff members and persons with Alzheimer's disease and dementia. (b) Dementia training relative to 20 CAR § 410-403(c) shall include principles of person-centered dementia care in…

20 CAR § 410-405. Guardianship prohibited. Facility staff, administrators, and owners are prohibited from being appointed as, or acting as, guardian of the person or the estate, or both, for residents of the facility.

20 CAR § 411-501. Requirements concerning residents generally. The facility shall: (1)(A) Permit unrestricted visiting hours. (B) However, facilities may deny visitation when visitation results, or substantial probability exists that visitation will result, in disruption of servi…

20 CAR § 410-502. Financial management of resident personal allowance. (a) Each facility must provide for the safekeeping and accountability of resident funds in accordance with this section and 20 CAR § 410-901(c)(14). (b) A facility may not require the resident to deposit funds…

20 CAR § 410-503. Quality assurance. (a)(1) The assisted living facility shall develop and maintain a quality assessment unit. (2) The unit shall meet at least quarterly to identify issues with respect to which quality assessment and assurance activities are necessary, and to dev…

20 CAR § 410-601. Incident reporting. (a) Pursuant to Arkansas Code § 5-28-101 et seq., and Arkansas Code § 12-12-501 et seq. [repealed], the facility must develop and implement written policies and procedures to ensure incidents are prohibited, reported, investigated, and docume…

20 CAR § 410-602. Next-business-day reporting of incidents. (a) The following events shall be reported to the Office of Long-Term Care by facsimile transmission to telephone number 501-682-8540 of the completed Incident & Accident Intake Form (Form DMS-731) no later than 11:00 a.…

20 CAR § 410-603. Incidents or occurrences that require internal reporting only — Facsimile report or Form DMS-742 not required. (a)(1) The following incidents or occurrences shall require the facility to prepare an internal report only and does not require a facsimile report or …

20 CAR § 410-604. Other reporting requirements. The facility’s administrator or designee is also required to make any other reports as required by state and federal laws, rules, and regulations.

20 CAR § 410-605. Abuse investigation report. (a)(1) The facility must ensure that all alleged or suspected incidents involving resident abuse, exploitation, neglect, or misappropriations of resident property are thoroughly investigated. (2) The facility’s investigation must be i…

20 CAR § 410-701. Resident record requirements. (a) The assisted living facility must maintain a separate and distinct record for each resident. (b) The record must contain: (1) Resident’s name; (2) Resident’s last address; (3) Date the resident began residing at the facility; (4…

20 CAR § 410-702. Maintenance of records. The facility must maintain the resident’s records in the following manner: (1) Each resident shall have the right to inspect his or her records during normal business hours in accordance with state and federal law; (2) The facility must n…

20 CAR § 410-801. Involuntary and voluntary discharges. (a) Arkansas Code § 20-10-1005 provides for involuntary and voluntary discharges. (b) This subpart is supplemental to the statute and, if in conflict, the statute governs.

20 CAR § 410-802. Admissions. (a) Admission criteria. (1) The Level I assisted living facility shall not admit any resident whose needs are greater than the facility is licensed to provide. (2) The Level I assisted living facility shall not provide services to residents who: (A)(…

20 CAR § 410-803. Occupancy admission agreement. (a)(1) Prior to or on the day of admission, the assisted living facility and the resident or his or her responsible party shall enter into an occupancy admission agreement. (2) For admissions due to emergency circumstances, an indi…

20 CAR § 410-804. Retention conditions. (a)(1) Pursuant to Arkansas Code § 20-10-1704(c), no resident shall be permitted to remain in an assisted living facility if the resident’s condition requires twenty-four-hour nursing care or other services that an assisted living facility …

20 CAR § 410-805. Involuntary transfer or discharge of resident. Except in cases of provisional placements, in the event of the involuntary transfer or discharge of a resident, the assisted living facility shall: (1) Discuss with the resident the decision to transfer or discharge…

20 CAR § 410-806. Conditions of termination of the occupancy admission agreement. (a)(1)(A) Pursuant to Arkansas Code § 20-10-1704(c), no resident shall be permitted to remain in an assisted living facility if the resident’s condition requires twenty-four-hour nursing care or oth…

20 CAR § 410-901. Residents’ Bill of Rights. (a)(1) Each assisted living facility must post the Residents’ Bill of Rights, as provided by the Department of Human Services, in a prominent place in the facility. (2) The Residents’ Bill of Rights must prominently display the toll-fr…

20 CAR § 411-1001. Generally. (a)(1) An assisted living facility shall provide, make available, coordinate, or contract for services that meet the care needs identified in the direct care services and healthcare services plan portions of residents’ occupancy admission agreements,…

20 CAR § 411-1002. 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 § 411-1003. 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 § 411-1004. 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 § 411-803(b)(1)(F), and make between-meal snacks available. (2…

20 CAR § 411-1005. Ancillary services. All ancillary services, both core services under 20 CAR § 411-803(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 o…

20 CAR § 411-1006. 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 § 411-101. Scope. (a) This part constitutes the basis for the licensure of Level II 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 …

20 CAR § 411-102. Purpose. (a) The purpose of this part is to establish standards for Level II assisted living facilities that provide services in a homelike environment for elderly and disabled persons. (b)(1) Level II assisted living facilities ensure that residents receive sup…

20 CAR § 411-103. Definitions. (a) As used in this part, the following definitions shall apply unless the context clearly states otherwise. (b) Where this part refers to an enactment of the General Assembly, such reference shall include subsequent enactment or amendments by the G…

20 CAR § 411-1101. Healthcare services and healthcare services plan generally. (a) The assisted living facility shall ensure that the resident receives healthcare services under the direction of a registered nurse in accordance with the healthcare services plan portion of the occ…

20 CAR § 411-1102. Healthcare services. (a)(1) If the resident needs assessment or evaluation indicates that the resident requires healthcare services, a written healthcare service plan shall be completed and become a part of the resident’s occupancy admission agreement within th…

20 CAR § 411-1103. Medication administration. (a)(1) Each assisted living facility must have written policies and procedures to ensure that residents receive medications as ordered. (2) In-service training on facility medication policies and procedures (see 20 CAR § 411-407(a)(2)…

20 CAR § 411-1104. Medication errors. (a)(1) The facility must ensure that: (A) It is free of medication error rates of five percent (5%) or greater; and (B) Residents are free of any significant medication errors. (2) “Medication error” means the observed preparation or administ…

20 CAR § 411-1105. Medication storage. (a)(1) All medications stored for residents by the facility must be stored in a locked area or a locked medication cart labeled with the resident’s name. (2) Provided, however, that if the resident administers his or her own medication, the …

20 CAR § 411-1106. Reporting misappropriation of controlled substances. Reporting misappropriation of controlled substances shall be in accordance with the Pharmacy Services Branch of the Department of Health rules.

20 CAR § 411-1107. Medication charting. (a) If a facility stores a resident’s medications, the facility shall maintain a list of those medications. (b)(1) If the facility stores and supervises a resident’s medication, a notation must be made on the individual record for each resi…

20 CAR § 411-1108. Cycle-fill and change of condition. (a)(1) Only oral solid medications may be cycle-filled. (2) Provided, however, that if an oral solid medication meets one (1) of the categories below, then that oral solid medication may not be cycle-filled: (A) PRN or as nee…

20 CAR § 411-1109. Pharmaceutical services. (a) Responsibility for pharmacy compliance. (1) The administrator shall be responsible for full compliance with federal and state laws governing procurement, control, and administration of all drugs. (2) Full compliance is expected with…

20 CAR § 411-1110. 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 § 411-1201. Compliance agreements generally. (a) The Level II licensed assisted living facility shall not admit any resident whose needs are greater than the facility is licensed to provide. (b) The assisted living facility shall not provide services to residents who: (1) …

20 CAR § 411-1301. 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 § 411-1302. 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 § 411-1303. 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…

20 CAR § 411-1304. Standards for Alzheimer’s special care units. (a) General requirements. (1)(A) It is the intent of this subpart that ASCUs shall be designed to accommodate the complex and varied needs of residents with dementia. (B) The physical environment does not exist in i…

20 CAR § 411-1305. Egress control. (a) Egress policies. (1) The ASCU shall develop policies and procedures to deal with residents who wander or may wander. (2) The procedures shall include actions to be taken by the facility to: (A) Identify missing residents; (B) Notify all indi…

20 CAR § 411-1306. Staffing. (a)(1) The ASCU shall staff according to this part. (2)(A) However, staffing for the ASCU shall be determined separately from the assisted living facility, based upon the census for the ASCU only. (B) Likewise, the staffing for the assisted living fac…