Arkansas Administrative Code

20 CAR § 411-1307. Admissions, discharges, transfers. (a) Criteria for services. (1) Each ASCU shall have written policy setting forth preadmission screening, admission, and discharge procedures. (2)(A) Prior to admission into the ASCU, the facility shall provide a copy of the di…

20 CAR § 411-1308. Therapeutic activities. (a) Intent and general requirements. (1) Therapeutic activities can: (A) Improve a resident’s eating or sleeping patterns; (B) Lessen wandering, restlessness, or anxiety; (C) Improve socialization or cooperation; (D) Delay deterioration …

20 CAR § 411-1401. New construction, remodeling, or additions — General. (a)(1) A new facility is one that had plans approved by the Office of Long-Term Care and began operation or construction or renovation of a building for the purpose of operating a Level II assisted living fa…

20 CAR § 411-1402. Site location, inspection approvals, and subsoil investigation. (a)(1) The building site shall afford good drainage and shall not be subject to flooding or be located near: (A) Insect breeding areas; (B) Noise or other nuisance producing locations; (C) Hazardou…

20 CAR § 411-1403. Submission of plans, specifications, and estimates. (a)(1) When construction is contemplated either for new buildings, additions, or major alterations in excess of one hundred thousand dollars ($100,000), plans and specifications shall be submitted in duplicate…

20 CAR § 411-1404. Plans and specifications. (a)(1) All facilities licensed under this part shall be designed and constructed to substantially comply with pertinent local and state laws, codes, ordinances, and standards. (2) All new construction shall be in accordance with the re…

20 CAR § 411-1405. Codes and standards. The following codes and standards are incorporated into and made a part of these rules: (1) The 2000 edition of the International Building Code (IBC) applies to new construction and alterations or additions to all facilities; (2) The Americ…

20 CAR § 411-1406. Converted facilities. (a) Existing facilities that convert to assisted living facilities must meet the following requirements: (1) The facility shall provide a small refrigerator in each resident's room, except as may otherwise be provided by this part; (2) The…

20 CAR § 411-1407. Furnishings and equipment. The following are general provisions concerning furnishing and equipment that each Level II assisted living facility must meet: (1) All rooms must have working light switches at the entrance to each room; (2)(A) Windows must be kept c…

20 CAR § 411-1408. Requirements for resident general use/common areas. (a) Distinct part facilities. (1) Physical and programmatic separation. (A) An assisted living facility shall be both physically and programmatically distinct from any residential care facility, nursing home, …

20 CAR § 411-1409. Apartments. (a)(1)(A) All living units in assisted living facilities shall be independent apartments. (B) Exceptions shall be granted based on the Arkansas Assisted Living Act, Arkansas Code § 20-10-1701 et seq. (2) Each apartment or unit shall be of adequate s…

20 CAR § 411-1501. Safety standards generally. (a)(1) Each assisted living facility built after this part becomes effective must meet the Group I-2 requirements of the 2000 edition of the International Building Code (IBC). (2) If the local municipality in which the facility is lo…

20 CAR § 411-1502. Water supply. (a) An adequate supply of water, under pressure, must be provided at all times. (b) When a public water system is available, a connection must be made thereto. (c) If water from a source other than a public water supply is used, the supply must me…

20 CAR § 411-1503. Sewage. All sewage must be disposed of by means of either: (1) A public system where one is accessible within three hundred feet (300’); or (2) An approved sewage disposal system that is constructed and operated in conformance with the standards established for…

20 CAR § 411-1504. Plumbing. Facilities must comply with all provisions of the state plumbing and gas code and amendments thereto prescribing minimum requirements for: (1) Design; (2) Materials; (3) Appliances; (4) Workmanship; and (5) Methods of installation.…

20 CAR § 411-1505. Electrical. Electrical wiring, fixtures, appliances, motors, and other electrical equipment must be installed in accordance with the national electrical code National Fire Prevention Association’s Pamphlet #70 and comply with local regulations and codes where t…

20 CAR § 411-1506. Heating/cooling. (a) All liquefied petroleum gas systems must be installed and maintained in accordance with the State Code for Liquefied Petroleum Gas Containers and Equipment, State of Arkansas. (b) All gas heating units must bear the stamp of approval of the…

20 CAR § 411-1507. Zoning codes. (a) Each assisted living facility must be operated in areas permitted by local codes. (b) Each owner must provide the Office of Long-Term Care with documentation that the facility is in compliance with zoning requirements.

20 CAR § 411-1508. Lot requirements. (a) Conditions of soil, ground water level, drainage, and topography must not create hazards to the property as to the health and safety of the occupants. (b)(1) The site shall not be subject to unpredictable and/or sudden flooding and shall b…

20 CAR § 411-1601. Inspections by department. (a)(1) All areas of the facility that are accessible to residents or are used in the care or support of residents, including but not limited to kitchen or food preparation areas, laundry areas, and storage areas, and all resident reco…

20 CAR § 411-1602. General provisions. (a) The provisions of this subpart 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 § 411-1603. 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 § 411-1604. Temporary administration. (a)(1) “Temporary administrator” 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 administrator with authority to: (A) Hire, terminate, or rea…

20 CAR § 411-1605. 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 residents from harm; (2) Is an employee or a contractor of the office; (3) Is identifie…

20 CAR § 411-1606. 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 § 411-1607. 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 § 411-1608. Transfer of residents or closure of the facility and transfer of residents. (a) Transfer of residents or closure of the facility and transfer of residents in an emergency. The Office of Long-Term Care has the authority to transfer residents to another facility …

20 CAR § 411-1609. Termination of Level II assisted living facility 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 termina…

20 CAR § 411-1610. 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 § 411-1611. 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 § 411-1612. Closure. (a)(1) Any Level II assisted living 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 …

20 CAR § 411-1613. Informal dispute resolution. (a)(1) When a long-term care facility does not agree with deficiencies cited on a Statement of Deficiencies, the facility may request an IDR meeting of the deficiencies in lieu of, or in addition to, a formal appeal. (2) The IDR pro…

20 CAR § 411-1614. Requesting an informal dispute resolution. (a) A written request for an IDR must be made to the Department of Health, Health Facility Services, 5800 West 10th, Suite 400, Little Rock, AR, 72204, within ten (10) calendar days of the receipt of the Statement of D…

20 CAR § 411-1615. Matters which may be heard at informal dispute resolution. (a) The IDR is limited to deficiencies cited on a Statement of Deficiencies. (b) Issues that may not be heard at an IDR include, but are not limited to: (1) The scope and severity assigned the deficienc…

20 CAR § 411-1616. Appeals to court. (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 b…

20 CAR § 411-201. Licensure requirements. (a)(1) No Level II assisted living facility may be established, conducted, or maintained in Arkansas without first obtaining a long-term care facility license as required by: (A) Arkansas Code § 20-10-201 et seq.; (B) The Arkansas Assiste…

20 CAR § 411-202. Licensing information. (a)(1) Licenses to operate a Level II assisted living facility are issued to be effective without expiration unless the license is revoked, suspended, or terminated by the Department of Human Services. (2) Fees for new licensure applicatio…

20 CAR § 411-203. Initial licensure. (a)(1) Initial licensure requires that the applicant for licensure possess a current, valid permit of approval issued by the Health Services Permit Commission or Health Services Permit Agency. (2) Initial licensure shall apply to: (A) Newly co…

20 CAR § 411-204. Compliance. (a) An initial license will not be issued until the Department of Human Services verifies that the facility is in compliance with the licensing standards set forth in this part. (b) An initial license will be effective on the date specified by the Of…

20 CAR § 411-205. Application, expiration, and renewal of license. (a)(1) Applicants for licensure of a Level II assisted living facility shall obtain the necessary forms for initial licensure or to request relicensure of the facility after a change of ownership (see subsection (…

20 CAR § 411-206. Procedure for licensure. (a) The procedure for obtaining an assisted living facility license shall be: (1) The individual or entity seeking licensure shall request or obtain all forms for licensure from the Department of Human Services; (2)(A) The individual or …

20 CAR § 411-207. License denial. (a) The Department of Human Services may deny a license if: (1) The administrator, directors, management company, operator, or other management agent that the applicant will use to manage the facility has ever been convicted of a felony; (2) A fa…

20 CAR § 411-208. Change in ownership. (a)(1) If a long-term care facility intends to add, remove, or otherwise change the management company, operator, or other management agent that manages the long-term care facility, the long-term care facility shall notify the Department of …

20 CAR § 411-209. 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 § 411-301. Governing body. Each Level II assisted living facility must have an owner or governing body that has ultimate authority for the: (1) Overall operation of the facility; (2) Adequacy and quality of care; (3) Financial solvency of the facility and the appropriate u…

20 CAR § 411-302. General program requirements. Each person or legal entity issued a license to operate a Level II assisted living facility shall provide continuous twenty-four-hour supervision and services that: (1) Conform to Office of Long-Term Care rules; (2) Meet the needs o…

20 CAR § 411-303. Contractual agreements. (a) A Level II assisted living facility shall not admit, or continue to provide care to, individuals whose needs are greater than the facility is licensed to provide. (b) For any service required under this part that is not provided direc…

20 CAR § 411-304. Personnel and general policies and procedures. (a) Required policies and procedures governing general administration of the facility. The facility must develop, maintain, and make available for public inspection the following policies and procedures: (1) Residen…

20 CAR § 411-305. Employment and personnel policies and procedures. (a) Each facility must have written employment and personnel policies and procedures. (b) Personnel records shall include, as a minimum, the following: (1) Employment applications for each employee; (2)(A) Writte…

20 CAR § 411-306. Communicable diseases. (a) The facility shall meet all rules issued by the Department of Health regarding communicable diseases. (b) Further, the facility must prohibit employees with a communicable disease or with infected skin lesions from direct contact with …