Arkansas Administrative Code

20 CAR § 432-502. Identifying a conflict of interest. (a) Organizational conflicts. Conflicts which may arise from an organizational location include, but are not limited to, Arkansas Long-Term Care Ombudsman Program placement in an organization or agency that: (1) Is responsible…

20 CAR § 432-503. Disclosure of a conflict of interest. (a)(1) Organizational conflicts. (A) The state agency may not operate the Office of the State Long-Term Care Ombudsman or carry out the program, directly, or by contract or other arrangement with any public agency or nonprof…

20 CAR § 432-504. Reviewing and remedying the conflict of interest. (a) The State Long-Term Care Ombudsman shall determine whether actions may be taken to remedy an identified conflict. (b) A conflict can be satisfactorily remedied only when the continued existence of the conflic…

20 CAR § 432-505. Failure to identify or remedy a conflict of interest. (a) Failure on the part of an ombudsman, provider agency, or area agency on aging to identify and report a potential or known conflict of interest shall be sufficient grounds for the refusal to designate or t…

20 CAR § 432-601. Adequate legal counsel. (a) The state agency must provide, and the Office of the State Long-Term Care Ombudsman and ombudsman representatives shall have access to, legal counsel that is adequate and readily available to provide consultation and/or representation…

20 CAR § 432-602. Legal counsel for the Office of the State Long-Term Care Ombudsman. (a) For the Office of the State Long-Term Care Ombudsman to obtain legal advice and consultation, the State Long-Term Care Ombudsman or designee may: (1) Consult with the Office of Chief Counsel…

20 CAR § 432-603. Legal counsel for representatives of the Office of the State Long-Term Care Ombudsman. (a) For legal advice and consultation, an ombudsman representative shall request assistance from: (1) The State Long-Term Care Ombudsman, which shall ensure the provision of a…

20 CAR § 432-604. Legal counsel for area agencies on aging and provider agencies. The area agency on aging and provider agency shall retain their own legal counsel in any matters related to the Arkansas Long-Term Care Ombudsman Program.

20 CAR § 432-701. Interference and retaliation prohibited. (a) No person shall willfully interfere with any ombudsman in the performance of official duties. (b) “Interference” includes any inappropriate or improper influence from any individual or entity, regardless of the source…

20 CAR § 432-702. Procedures for reporting interference or retaliation. (a) Any person who has knowledge of such interference or retaliation may report such information to the State Long-Term Care Ombudsman. (b) The Office of the State Long-Term Care Ombudsman shall review the in…

20 CAR § 432-801. Access to residents and facilities. (a)(1) An ombudsman shall have immediate access to all long-term care facilities to: (A) Observe all areas, except the living area of any resident that declines; and (B) Visit and speak with all: (i) Residents; (ii) Staff; and…

20 CAR § 432-802. Access to resident records. (a)(1) Ombudsman program representatives have access to review the medical, social, personal, clinical, financial, and other records of a resident as authorized. (2) This includes access to the name and contact information of a reside…

20 CAR § 432-803. Access to facility records and state regulatory agency records and officials. (a) The Arkansas Long-Term Care Ombudsman Program shall have access to all administrative records, policies, and documents, to which the residents have, or the general public has acces…

20 CAR § 432-901. Confidentiality of Arkansas Long-Term Care Ombudsman Program records. (a)(1) All program records are the property of the Office of the State Long-Term Care Ombudsman, including program and case records located at the regional ombudsman program office. (2) The St…

20 CAR § 432-902. Monitoring the records of the regional program. (a)(1) Area agencies on aging have an active and ongoing responsibility in monitoring. (2) However, area agencies on aging shall not have access to Arkansas Long-Term Care Ombudsman Program records which contain id…

20 CAR § 432-903. Disclosure of information. (a) The State Long-Term Care Ombudsman or designee shall have the sole authority to make or delegate determinations concerning the disclosure of the files, records, and other information maintained by the Arkansas Long-Term Care Ombuds…

20 CAR § 432-904. Program record maintenance. Office of the State Long-Term Care Ombudsman staff and volunteers and regional ombudsman staff and volunteers shall adhere to the following program record requirements: (1)(A) Documents relating to casework should be scanned and attac…

20 CAR § 433-101. Definitions. As used in this part: (1)(A) “Addiction Severity Index (ASI)” means a semi-structured assessment instrument designed to be used with clients presenting for substance abuse treatment. (B)(i) It covers seven (7) important areas of a client’s life: (a)…

20 CAR § 433-102. Procedures for licensure. (a) Licensure is required of any individual, partnership, association, or corporation operating or seeking to operate a substance abuse treatment program in the State of Arkansas. (b) Upon promulgation of revisions to the standards, the…

20 CAR § 433-103. Application process for opioid treatment programs. (a) An OTP shall not operate in the State of Arkansas prior to completion of the application process. (b) The following criteria must be met: (1) Program has approval from the United States Drug Enforcement Admi…

20 CAR § 433-104. New programs commencing operation. (a) Programs seeking licensure, or required to receive a licensure review, will complete all steps specified in the application process. (b)(1) The Office of Alcohol and Drug Abuse Prevention shall review standards applicable t…

20 CAR § 433-105. Standards review team. (a) The members of the Standards Review Team (SRT) for each program will consist of members who participate in the formal on-site review. (b) The Office of Alcohol and Drug Abuse Prevention reserves the right to adjust the size of the SRT …

20 CAR § 433-106. Formal licensure review. (a) The SRT shall make a formal on-site review. (b)(1) Minimally, the Office of Alcohol and Drug Abuse Prevention shall inspect the facilities prior to the expiration of the program's license. (2) The office may extend a program's licens…

20 CAR § 433-107. Licensure determination. (a)(1) Within fifteen (15) working days of the last day of the on-site review, a written report will be completed by the SRT team leader and forwarded to the program director. (2) Based upon this report, the Office of Alcohol and Drug Ab…

20 CAR § 433-108. Licensure revocation. (a) The Office of Alcohol and Drug Abuse Prevention may, at its discretion, revoke the operational permit of any program applying for licensure unable to meet compliance with the Licensure Standards for Alcohol and Other Drug Abuse Treatmen…

20 CAR § 433-109. Compliance review. (a) In addition to the licensure review, the Office of Alcohol and Drug Abuse Prevention will conduct at least two (2) announced or unannounced compliance reviews. (b) A compliance review will primarily consist of a case record review, but cou…

20 CAR § 433-110. Alcohol and Drug Management Information System compliance. (a) All alcohol and other drug abuse treatment programs in Arkansas are required to report client-related data in accordance with the requirements of the current ADMIS. (b) For acute care, hospital-based…

20 CAR § 433-201. Six-month operational permit. (a) If the program seeking licensure is not currently licensed, the Office of Alcohol and Drug Abuse Prevention staff, along with any appropriate outside agencies, shall perform an initial licensure review of those Licensure Standar…

20 CAR § 433-202. One-year license. Following completion of a licensure review by an SRT, a one-year license will be accorded to a program that previously held a six-month operational permit, if all applicable Licensure Standards for Alcohol and Other Drug Abuse Treatment Program…

20 CAR § 433-203. Three-year license. (a) All applicable standards must be in compliance at the time of the formal licensure review to be accorded a three-year license. (b) A program operating under a one-year or three-year license may be accorded a three-year license.…

20 CAR § 433-204. Probationary license. (a) A license can be revoked at any time the Office of Alcohol and Drug Abuse Prevention determines, by licensure or compliance reviews, that a program is not in compliance with the licensure standards. (b)(1) A six-month probationary licen…

20 CAR § 433-205. Nonlicensed. (a) Programs failing to comply with all applicable Licensure Standards for Alcohol and Other Drug Abuse Treatment Programs after the expiration of a six-month operational permit or a probationary license shall receive a nonlicensed status. (b) Progr…

20 CAR § 433-206. Commission on Accreditation of Rehabilitation Facilities-, Joint Commission on the Accreditation of Health Care Organizations-, and Council on Accreditation-accredited programs. (a) Programs meeting the alcohol and drug abuse treatment standards of the Commissio…

20 CAR § 433-207. Appeal process. (a) If, for any reason, a program does not agree with the licensure decision, the program may appeal the adverse decision in accordance with the provisions of Section VII, 6.00, Appeal Process for Adverse Action, set out in the Office of Alcohol …

20 CAR § 433-208. Compliance required. (a) As a condition of the Office of Alcohol and Drug Abuse Prevention, licensed programs must comply with all laws and rules regarding alcohol or drug treatment. (b)(1) Programs licensed under these standards are not authorized to provide ed…

20 CAR § 433-301. Governing body. (a)(1) The governing authority or legal owner of a program has the primary responsibility to create and maintain the organization’s core values and mission via a well-defined and annually updated strategic plan which sets out authority over and r…

20 CAR § 433-302. Program planning and evaluation. (a) A program plan will be developed and approved by the governing body which addresses outcome measures and includes: (1) A written statement of the substance abuse treatment program goals and objectives; (2) A written plan for …

20 CAR § 433-303. Fiscal management. (a)(1) The governing body shall oversee the management of a program which: (A) Maintains a comprehensive written schedule of service fees and charges; and (B) Offers a reasonable payment plan that takes into account the clients’: (i) Income; (…

20 CAR § 433-304. Financial evaluation — Clients. (a) Each client shall receive a financial evaluation that includes all sources of income. (b)(1) The sources shall be verified and documented. (2) Sources must include all household income, i.e., public assistance, retirement, soc…

20 CAR § 433-305. Administrative operations. The program shall have written policy and procedures with supporting documentation for all the following: (1)(A) Ownership change. (B) The program shall provide written notification to the Office of Alcohol and Drug Abuse Prevention at…

20 CAR § 433-306. Human resources. (a) The governing body shall ensure that the program has written personnel policies and procedures that apply to employees and those working under the supervision of individuals employed by the program, i.e., contracted workers, interns, volunte…

20 CAR § 433-307. Clinical procedures. The program will have written policies and procedures for the following: (1)(A) The program shall comply with state and federal regulations governing confidentiality of alcohol and drug abuse client records and other client-identifying infor…

20 CAR § 433-308. Case management. The program shall ensure that the following services are provided to the clients: (1) Arranging and facilitating for the provision of all services as documented in the treatment plan; (2) Holding regular and as-needed meetings with the client to…

20 CAR § 433-309. Screening and initial assessment. (a)(1) A preadmission screening shall be used to determine a client’s eligibility andappropriateness. (2) It is to include: (A) Substance use history; (B) Current detoxification level determination; (C) Past psychiatric treatmen…

20 CAR § 433-310. Initial treatment plan. The initial treatment plan is to be developed and implemented within twenty-four (24) hours, based on assessments that determined all immediate problems and needs such as: (1) Medical condition; (2) Nutrition; (3) Clothing; (4) Personal h…

20 CAR § 433-311. Comprehensive, master, treatment plan (CTP). (a) The comprehensive treatment plan is to be developed and implemented no later than seven (7) days from admission to residential services and partial day treatment and no later than twenty-one (21) days from admissi…

20 CAR § 433-312. Progress notes. (a) Progress notes shall contain: (1) The date and time the session ended; (2) The purpose of the session; (3) Topics discussed; (4) Client behavior and response to the treatment provided during the session; (5) Significant events; and (6) The na…