Arkansas Administrative Code

20 CAR § 535-802. Written notice of enforcement action. (a) The Division of Developmental Disabilities Services shall provide written notice to a provider of all enforcement actions taken against the provider. (b) The division shall provide written notice to a provider by mailing…

20 CAR § 535-803. Enforcement actions. (a)(1) The Division of Developmental Disabilities Services shall not impose an enforcement action unless: (A) The provider is given written notice pursuant to 20 CAR § 535-802 and an opportunity to be heard pursuant to Subpart 10 of this par…

20 CAR § 535-804. Moratorium. (a) The Division of Developmental Disabilities Services may prohibit a provider from accepting new beneficiaries. (b) A provider prohibited from accepting new admissions may continue to provide services to existing beneficiaries.

20 CAR § 535-805. Transfer of beneficiaries. (a) The Division of Developmental Disabilities Services may require a provider to transfer a beneficiary to another provider if the division finds that the provider cannot adequately provide services to the beneficiary. (b) If directed…

20 CAR § 535-806. Monetary penalties. (a) The Division of Developmental Disabilities Services may impose on a provider a civil monetary penalty not to exceed five hundred dollars ($500) for each violation of this part. (b)(1) The division may file suit to collect a civil monetary…

20 CAR § 535-807. Suspension and revocation of certification. (a)(1) The Division of Developmental Disabilities Services may temporarily suspend a provider’s certification if the provider fails to comply with this part. (2) If a provider’s certification is suspended, the provider…

20 CAR § 535-901. Closure. (a)(1) A CES Waiver service certification ends if a provider permanently closes, whether voluntarily or involuntarily, and is effective the date of the permanent closure as determined by the Division of Developmental Disability Services. (2) A provider …

20 CAR § 536-1001. Reconsideration of adverse regulatory actions. (a)(1) An ADDT may ask for reconsideration of any adverse regulatory action taken by the Division of Provider Services and Quality Assurance by submitting a written request for reconsideration to: Division of Provi…

20 CAR § 536-1002. Appeal of regulatory actions. (a)(1) An ADDT may administratively appeal any adverse regulatory action to the Office of Appeals and Hearings except for provider appeals related to the payment for Medicaid claims and services governed by the Medicaid Fairness Ac…

20 CAR § 536-101. Purpose. The purpose of this part is to: (1) Serve as the minimum standards for adult developmental day treatment programs and facilities; and (2) Ensure that all clients receive all adult developmental day treatment services recommended by a physician for the m…

20 CAR § 536-102. Definitions. As used in this part: (1) “ADDT” means an adult developmental day treatment program, which is a day treatment program prescribed by a physician that provides adult developmental day treatment services to adults with intellectual or developmental dis…

20 CAR § 536-201. License required. (a) An ADDT must have an ADDT license that is issued by the Division of Provider Services and Quality Assurance, pursuant to this part, for the address at which the ADDT will provide services. (b) An ADDT must comply with all requirements of th…

20 CAR § 536-202. Licensure application. (a)(1) To apply for an ADDT license, an applicant must submit a complete application to the Division of Provider Services and Quality Assurance. (2) A complete application includes: (A) Documentation demonstrating the applicant’s entire ow…

20 CAR § 536-203. Licensure process. (a) The Division of Provider Services and Quality Assurance may approve an application for an ADDT license and issue an ADDT license if: (1) The applicant submits a complete application under 20 CAR § 536-202(a); (2) The Division of Provider S…

20 CAR § 536-204. Notice of underserved status. The Division of Developmental Disabilities Services shall provide written notice of any underserved determination made under 20 CAR § 536-203(a)(4)(A) as required in Arkansas Code § 20-48-105.

20 CAR § 536-301. Organization and ownership. (a) The ADDT must be authorized and in good standing to do business under the laws of the State of Arkansas. (b)(1) An ADDT must: (A) Appoint a single manager as the point of contact for all Division of Developmental Disabilities Serv…

20 CAR § 536-302. Employees and staffing requirements. (a)(1) An ADDT must appropriately supervise all clients based on each client’s needs. (2) An ADDT must have enough employees onsite to supervise clients at the ADDT location. (b)(1) An ADDT must comply with all requirements a…

20 CAR § 536-303. Employee training. (a) All employees involved in any way with services provided to clients, or who have routine contact with clients, must receive the following training before having contact with clients and must do so no later than thirty (30) days after begin…

20 CAR § 536-304. Employee records. (a) An ADDT must maintain a personnel file for each employee that includes: (1) A detailed job description; (2) All required criminal background checks; (3) All required Child Maltreatment Central Registry checks; (4) All required Adult and Lon…

20 CAR § 536-305. Client service records. (a)(1) An ADDT must maintain a separate, updated, and complete service record for each client documenting the services provided to the client and all other documentation required under this part. (2) Each client service record must be uni…

20 CAR § 536-306. Marketing and solicitation. (a) An ADDT can market its services. (b) An ADDT cannot solicit a client or their family.

20 CAR § 536-307. Third-party service agreements. (a) An ADDT may contract in writing with third-party vendors to provide services or otherwise satisfy requirements under this part. (b) An ADDT must ensure that all third-party vendors comply with this part and all other applicabl…

20 CAR § 536-308. Emergency plans and drills. (a)(1) An ADDT must have a written emergency plan. (2) The written emergency plan must provide the procedures to follow in the event of emergencies to safeguard the health and safety of clients and ensure continuity of services to the…

20 CAR § 536-309. Infection control. (a)(1) An ADDT must follow all applicable guidance and directives from the Department of Health related to infection control including without limitation guidance and directives on: (A) Preventing the spread of infectious diseases; (B) Hand hy…

20 CAR § 536-310. Compliance with state and federal laws, rules, and other standards. (a) An ADDT must comply with all applicable state and federal laws and rules including without limitation: (1) The Americans with Disabilities Act of 1990 (ADA); (2) The Civil Rights Act of 1964…

20 CAR § 536-401. General requirements. An ADDT facility must: (1) Have a minimum of forty square feet (40 ft2) of program training area per client; (2) Be heated, air-conditioned, well-lighted, well-ventilated, and well-maintained at a comfortable temperature; (3) Be safe, clean…

20 CAR § 536-501. Enrollments. (a) An ADDT may enroll and provide services to a client who is eligible to receive ADDT services. (b) An ADDT must document the enrollment of all clients to the ADDT.

20 CAR § 536-502. Exits. (a) An ADDT may exit a client from its program if the person becomes ineligible for ADDT services, chooses to enroll with another ADDT, or for any other lawful reason. (b) An ADDT must document the exit of all clients from its program. (c) An ADDT must pr…

20 CAR § 536-601. Arrivals and departures. (a) An ADDT must ensure that clients safely arrive to and depart from an ADDT facility. (b)(1) An ADDT must document the arrival and departure of each client to and from an ADDT facility. (2) Documentation of arrivals to and departures f…

20 CAR § 536-602. Medications. (a)(1) An ADDT must develop a medication management plan for all clients with prescribed medication that may be administered at the ADDT. (2) A medication management plan must include without limitation: (A) The name of each medication; (B) The name…

20 CAR § 536-603. Behavior management plans. (a)(1) An ADDT may implement a written behavior management plan for a client if a client exhibits challenging behaviors on a chronic basis. (2) A behavior management plan: (A) Must involve the fewest and shortest interventions possible…

20 CAR § 536-604. General nutrition and food service requirements. (a)(1) An ADDT must ensure that a noon meal is available to each client who: (A) Receives at least four (4) hours of adult developmental day treatment services in a day; and (B) Is unable to provide his or her own…

20 CAR § 536-605. Transportation. (a) An ADDT may elect to provide transportation services to its clients. (b)(1) The requirements of this section apply to all transportation provided to a client for any reason by any person or entity on behalf of the ADDT, regardless of whether …

20 CAR § 536-701. Incidents to be reported. (a) An ADDT must report all alleged, suspected, observed, or reported occurrences of any of the following events while a client is in the care or under the supervision of an ADDT: (1) Death of a client; (2) Serious injury to a client; (…

20 CAR § 536-702. Reporting requirements. (a) An ADDT must: (1) Submit all reports of the following events within one (1) hour of the event: (A) Death of a client; (B) Serious injury to a client; or (C) Any incident that an ADDT should reasonably know might be of interest to the …

20 CAR § 536-703. Notification to guardians and legal custodians. (a) An ADDT must notify the guardian or legal custodian of a client of any reportable incident involving a client, as well as any injury or accident involving a client even if the injury or accident is not otherwis…

20 CAR § 536-801. Monitoring. (a)(1) The Division of Provider Services and Quality Assurance shall monitor an ADDT to ensure compliance with this part. (2)(A) An ADDT must cooperate and comply with all monitoring, enforcement, and any other regulatory or law enforcement activitie…

20 CAR § 536-802. Written notice of enforcement action. (a) The Division of Provider Services and Quality Assurance shall provide written notice to the ADDT of all enforcement actions taken against the ADDT. (b) The division shall provide written notice to the ADDT by mailing the…

20 CAR § 536-803. Remedies. (a)(1) The Division of Provider Services and Quality Assurance shall not impose any remedies imposed by an enforcement action unless: (A) The ADDT is given notice and an opportunity to be heard pursuant to 20 CAR § 536-802 and 20 CAR § 536-1001 et seq.…

20 CAR § 536-804. Moratorium. (a) The Division of Provider Services and Quality Assurance may prohibit an ADDT from accepting new clients. (b) An ADDT prohibited from accepting new admissions may continue to provide services to existing clients.

20 CAR § 536-805. Transfer of clients. (a) The Division of Provider Services and Quality Assurance may require an ADDT to transfer a client to another ADDT if the division finds that the ADDT cannot adequately provide services to the client. (b) If directed by the division, an AD…

20 CAR § 536-806. Monetary penalties. (a) The Division of Provider Services and Quality Assurance may impose on an ADDT a civil monetary penalty not to exceed five hundred dollars ($500) for each violation of this part. (b)(1) The division may file suit to collect a civil monetar…

20 CAR § 536-807. Suspension and revocation of ADDT license. (a)(1) The Division of Provider Services and Quality Assurance may temporarily suspend an ADDT license if the ADDT fails to comply with this part. (2) If an ADDT’s license is suspended, the ADDT must immediately stop pr…

20 CAR § 536-901. Closure. (a)(1) An ADDT license ends if an ADDT permanently closes, whether voluntarily or involuntarily, and is effective on the date of the permanent closure as determined by the Division of Provider Services and Quality Assurance. (2) An ADDT that intends to …

20 CAR § 537-1001. Reconsideration of adverse regulatory actions. (a)(1) An EIDT may ask for reconsideration of any adverse regulatory action taken by the Division of Provider Services and Quality Assurance by submitting a written request for reconsideration to: Division of Provi…

20 CAR § 537-1002. Appeal of regulatory actions. (a)(1) An EIDT may administratively appeal any adverse regulatory action to the Office of Appeals and Hearings except for provider appeals related to the payment for Medicaid claims and services governed by the Medicaid Fairness Ac…

20 CAR § 537-101. Purpose. The purpose of this part is to: (1) Serve as the minimum standards for early intervention day treatment programs and facilities; and (2) Ensure that all clients receive all early intervention day treatment services recommended by a physician for the max…

20 CAR § 537-102. Definitions. As used in this part: (1) “Academic medical center” means a medical center located in Arkansas that consists of a medical school and its primary teaching hospitals and clinical programs; (2) “Adverse regulatory action” means a denial of an EIDT lice…

20 CAR § 537-201. License required. (a)(1) An EIDT must have an EIDT license issued by the Division of Provider Services and Quality Assurance, pursuant to this part, for the address at which the EIDT will provide services. (2) An EIDT must comply with all requirements of this pa…

20 CAR § 537-202. Licensure application. (a)(1) To apply for an EIDT license, an applicant must submit a complete application to the Division of Provider Services and Quality Assurance. (2) A complete application includes: (A) Documentation demonstrating the applicant’s entire ow…