Arkansas Administrative Code

20 CAR § 532-107. Contracting requirements. See Board of Developmental Disabilities Services Policy 1005, #6 [repealed].

20 CAR § 533-101. Purpose. This part establishes agency posture regarding parent groups at Arkansas human development centers.

20 CAR § 533-102. Scope. This part is directed to all: (1) Individuals receiving services at HDCs and their families; (2) Division of Developmental Disabilities Services employees; and (3) Other interested persons.

20 CAR § 533-103. Criteria. (a) The administration of each human development center shall encourage parents/families/guardians to become involved with the individual receiving services by facilitating the formation of a parents' organization. (b) The superintendent/designee will …

20 CAR § 533-104. Guidelines. (a) Agency personnel may be actively involved with the parent group if so requested: (1) In an advisory capacity; (2) To provide assistance in program development; and (3) To provide support for participation and regular meetings. (b) Agency personne…

20 CAR § 535-1001. Reconsideration of adverse regulatory actions. (a)(1) A provider may ask for reconsideration of any adverse regulatory action taken by the Division of Developmental Disabilities Services by submitting a written request for reconsideration in accordance with App…

20 CAR § 535-1002. Appeal of regulatory actions. (a)(1) A provider may administratively appeal any adverse regulatory action covered by the Medicaid Fairness Act, Arkansas Code §§ 20-77-1701 – 1718, which shall be governed by the Medicaid Fairness Act. (2) The Department of Human…

20 CAR § 535-101. Purpose. The purpose of this part is to: (1) Serve as the minimum standards for community providers delivering services to beneficiaries enrolled in the Arkansas 1915(c) home and community-based waiver number AR.0188, which is known as the Community and Employme…

20 CAR § 535-102. Definitions. As used in this part: (1) “Adverse agency action” means: (A) A denial of an application for CES Waiver service certification; (B) Any enforcement action taken by the Division of Developmental Disabilities Services pursuant to 20 CAR §§ 535-803 – 535…

20 CAR § 535-201. Certification required. (a)(1) An individual, entity, or organization must be certified by the Division of Developmental Disabilities Services to provide a CES Waiver service. (2) A separate division certification is required for each type of CES Waiver service.…

20 CAR § 535-202. Application for certification. (a) To apply for CES Waiver service or complex care home certification, an applicant must submit a complete application to the Division of Developmental Disability Services. (b) A complete application includes: (1) Documentation de…

20 CAR § 535-203. Certification process. (a) The Division of Developmental Disabilities Services may issue CES Waiver service or complex care home certification to an applicant if: (1) The applicant submits a complete application under 20 CAR § 535-202; (2) The division determine…

20 CAR § 535-301. Organization and ownership. (a) A provider must be in good standing to do business under the laws of the State of Arkansas. (b)(1) A provider must appoint a single manager as the point of contact for all Division of Developmental Disabilities Services and Divisi…

20 CAR § 535-302. Employee and staffing requirements. (a) A provider must appropriately supervise all beneficiaries based on each beneficiary’s needs when performing CES Waiver services. (b)(1) Except as provided in subdivision (b)(3) of this section, each employee must successfu…

20 CAR § 535-303. Employee training and certifications. (a) All employees must receive training on the following topics prior to having any beneficiary direct contact that is unsupervised by another employee: (1) The Health Insurance Portability and Accountability Act (HIPAA), an…

20 CAR § 535-304. Employee records. (a) A provider must maintain a personnel record for each employee that includes: (1) A detailed current job description; (2) All required criminal background checks; (3) All required Child Maltreatment Central Registry checks; (4) All required …

20 CAR § 535-305. Beneficiary service records. (a)(1) A provider must maintain a separate, updated, and complete service record for each beneficiary documenting the services provided to the beneficiary and any other documentation required under this part. (2) A provider must main…

20 CAR § 535-306. Marketing and solicitation. (a) A provider can market its services. (b) A provider cannot solicit a beneficiary or their family.

20 CAR § 535-307. Third-party service agreements. (a) A provider may contract in writing with third-party vendors to provide services or otherwise satisfy requirements under this part. (b) A provider must ensure that all third-party vendors comply with this part and all other app…

20 CAR § 535-308. Financial safeguards. (a)(1) A beneficiary must have full use and access to their own funds or other assets. (2) A provider may not limit a beneficiary’s use or access to their own funds or other assets unless: (A) The beneficiary or, if applicable, the benefici…

20 CAR § 535-309. Infection control. (a)(1) A provider must follow all applicable guidance from the Department of Health related to infection control. (2) A provider must provide personal protective equipment for all employees and beneficiaries as may be required in the circumsta…

20 CAR § 535-310. Compliance with state and federal laws, rules, and other standards. (a) A provider must comply with all applicable local, state, and federal laws, rules, codes, or regulations and violation of any applicable local, state, or federal law, rule, code, or regulatio…

20 CAR § 535-311. Restraints and other restrictive interventions. (a)(1) A provider cannot use a restraint on a beneficiary unless the restraint is required as an emergency safety intervention. (2) An emergency safety intervention is required when: (A) An immediate response with …

20 CAR § 535-312. Medications. (a)(1) A beneficiary, or, if applicable, the beneficiary’s legal guardian, can self-administer medication. (2) When a beneficiary or legal guardian chooses to self-administer medication, a provider must obtain a signed and dated election to self-adm…

20 CAR § 535-313. Behavioral management plans. (a)(1) The selected provider for supportive living services must develop a behavioral prevention and intervention plan for a beneficiary if the beneficiary’s risk mitigation plan identifies the beneficiary as a risk to display behavi…

20 CAR § 535-401. Entries. (a) A provider may enroll and provide those CES Waiver services it is certified to deliver pursuant to its CES Waiver services certification or certifications to an eligible beneficiary. (b) A provider must document the enrollment of all beneficiaries.…

20 CAR § 535-402. Exits. (a) A provider may exit a beneficiary: (1) If the beneficiary becomes ineligible for the CES Waiver as provided in 20 CAR § 535-405; (2) If the beneficiary chooses to use another provider; or (3) For any other lawful reason. (b) A provider must provide re…

20 CAR § 535-403. Transitions from one CES Waiver provider to another. (a)(1) When a beneficiary transitions from one (1) provider to another provider the requirements of this section apply in addition to those in 20 CAR § 535-402. (2) The requirements of this section apply to an…

20 CAR § 535-404. Refusal to serve. (a)(1) A selected provider may refuse to serve any beneficiary: (A) When the provider is unable to ensure the beneficiary’s or their employees’ health, safety, or welfare; or (B) Upon the occurrence of one (1) of the situations described in 20 …

20 CAR § 535-405. CES Waiver eligibility disqualification. A beneficiary may be disenrolled from the CES Waiver under the following circumstances: (1) When the beneficiary or legal guardian refuses to participate in the PCSP or nonclinical treatment plan development; (2) When the…

20 CAR § 535-501. Emergency plans and drills. (a) A provider must have a written emergency plan for all provider owned, leased, or controlled CES Waiver service residential settings. (b) A written emergency plan must address all foreseeable emergencies, including without limitati…

20 CAR § 535-502. Provider-owned residential setting requirements. (a) Each provider owned, leased, or controlled CES Waiver service residential setting must meet the home and community-based services setting regulations as established by 42 CFR § 441.301(c)(4) and (5). (b)(1) A …

20 CAR § 535-503. Provider-owned residential setting exceptions and variations. (a) Any beneficiary need or behavior that requires a variation or exception to the provider owned, leased, or controlled CES Waiver service residential setting requirements set out in 20 CAR § 535-502…

20 CAR § 535-601. Supportive living. (a) Supportive living services are individually tailored habilitative services and activities to enable a beneficiary to reside successfully in their own home, with family, or in an alternative living setting. (b)(1) Supportive living services…

20 CAR § 535-602. Complex care home. (a) A complex care home is a specific type of provider owned, leased, or controlled supportive living residential setting that is certified to offer eligible beneficiaries a twenty-four-hour, seven (7) days a week specialized medical, clinical…

20 CAR § 535-603. Respite. (a)(1) Respite services are temporary, short-term services provided to relieve a beneficiary’s primary caregiver or caregivers or because of a primary caregiver or caregivers emergency absence. (2) Receipt of respite services does not preclude a benefic…

20 CAR § 535-604. Supported employment. (a)(1) Supported employment services are a tailored array of services offering ongoing support to beneficiaries in their goal of working in competitive integrated work settings for at least minimum wage. (2) Supported employment services ma…

20 CAR § 535-605. Specialized medical supplies. (a) Specialized medical supplies may include medically necessary: (1) Items necessary for life support or to address a beneficiary’s physical conditions, along with any ancillary supplies and equipment necessary for the proper funct…

20 CAR § 535-606. Adaptive equipment. (a)(1) Adaptive equipment is a piece of equipment or product system that is used to increase, maintain, or improve a beneficiary’s functional ability to perform daily life tasks that would not otherwise be possible. (2) Adaptive equipment spe…

20 CAR § 535-607. Community transition services. (a)(1) Community transition services cover nonrecurring setup expenses for beneficiaries who are transitioning from an institutional or provider-operated living arrangement, such as an intermediate care facility or group home, into…

20 CAR § 535-608. Consultation. (a)(1) Consultation services are direct clinical or therapeutic specialty services by a professional licensed or certified in the applicable specialty, which assist a beneficiary, legal guardians, responsible persons, and service providers in carry…

20 CAR § 535-609. Environmental modifications. (a) Environmental modifications are modifications made by a provider to a beneficiary’s place of residence that: (1) Are necessary to ensure the health, welfare, and safety of the beneficiary; or (2) Enable the beneficiary to functio…

20 CAR § 535-610. Supplemental support. (a) Supplemental support services allow a beneficiary to continue living in the community when new and unforeseen problems arise that unless remedied would cause a disruption in the beneficiary’s residential setting. (b) A provider of suppl…

20 CAR § 535-701. Incidents to be reported. A provider must report all alleged, suspected, observed, or reported occurrences of any of the following events while a beneficiary is receiving a paid CES Waiver service: (1) Death of a beneficiary; (2) Serious injury to a beneficiary;…

20 CAR § 535-702. Reporting requirements. (a) A provider must: (1) Submit all reports of the following events within one (1) hour of the event: (A) Death of a beneficiary; (B) Serious injury to a beneficiary; and (C) Any incident that a provider should reasonably know might be of…

20 CAR § 535-703. Notification to legal guardians. (a) If a beneficiary has a legal guardian, then a provider must notify the legal guardian of any reportable incident involving the beneficiary within one (1) hour of discovery. (b) A provider must maintain documentation evidencin…

20 CAR § 535-801. Monitoring. (a)(1) The Division of Developmental Disabilities Services shall monitor a provider to ensure compliance with this part. (2)(A) A provider must cooperate and comply with all monitoring, enforcement, and any other regulatory or law enforcement activit…