Arkansas Administrative Code

20 CAR § 537-203. Licensure process. (a) The Division of Provider Services and Quality Assurance may approve an application for an EIDT license and issue an EIDT license if: (1) Applicant submits a complete application under 20 CAR § 537-202(a); (2) The Division of Provider Servi…

20 CAR § 537-204. Notice of underserved status. The Division of Developmental Disabilities Services shall provide written notice of any underserved determination made under 20 CAR § 537-203(a), as required in Arkansas Code § 20-48-1106.

20 CAR § 537-301. Organization and ownership. (a) The EIDT must be authorized and in good standing to do business under the laws of the State of Arkansas. (b)(1) An EIDT must: (A) Appoint a single manager as the point of contact for all Division of Developmental Disabilities Serv…

20 CAR § 537-302. Employees and staffing requirements. (a)(1) An EIDT must appropriately supervise all clients based on each client’s needs. (2) An EIDT must have enough employees onsite to supervise clients at the EIDT location. (b)(1) An EIDT must comply with all requirements a…

20 CAR § 537-303. 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 no later than thirty (30) days after beginning employ…

20 CAR § 537-304. Employee records. (a) An EIDT 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 § 537-305. Client service records. (a)(1) An EIDT 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 § 537-306. Marketing and solicitation. (a) An EIDT can market its services. (b) An EIDT cannot solicit a client or their family.

20 CAR § 537-307. Third-party service agreements. (a) An EIDT may contract in writing with third-party vendors to provide services or otherwise satisfy requirements under this part. (b) An EIDT must ensure that all third-party vendors comply with this part and all other applicabl…

20 CAR § 537-401. General requirements. (a) An EIDT facility must: (1) Be heated, air-conditioned, well-lit, well-ventilated, and well-maintained at a comfortable temperature; (2) Be safe, clean, maintained, in good repair, and sanitary, including without limitation as to the fac…

20 CAR § 537-501. Enrollments. (a) An EIDT may enroll and provide services to a client who is eligible to receive EIDT services. (b) An EIDT must document the enrollment of all clients to the EIDT.

20 CAR § 537-502. Exits. (a) An EIDT may exit a client from its program if the person becomes ineligible for EIDT services, chooses to enroll with another EIDT, or for any other lawful reason. (b) An EIDT must document the exit of all clients from its program. (c) An EIDT must pr…

20 CAR § 537-503. Referrals to the First Connections program. (a) An EIDT must, within two (2) working days of first contact, refer to the First Connections program all infants and toddlers from birth to thirty-six (36) months of age for whom there is a diagnosis or suspicion of …

20 CAR § 537-504. Referrals to local education agencies. (a) Each EIDT must, within two (2) working days of first contact, refer to the appropriate local education agency each client: (1) Who is at least three (3) years of age; (2) Who has not entered Kindergarten; and (3) For wh…

20 CAR § 537-505. Appropriate referrals for clients failing to qualify. (a) An EIDT must provide the custodian or legal guardian of a client with appropriate information and referrals to other available services if: (1) The EIDT assists the client with obtaining a developmental s…

20 CAR § 537-601. Arrivals and departures. (a) An EIDT must ensure that clients safely arrive to and depart from an EIDT facility. (b)(1) An EIDT must document the arrival and departure of each client to and from an EIDT facility. (2) Documentation of arrivals to and departures f…

20 CAR § 537-602. Medications. (a)(1) An EIDT must develop a medication management plan for all clients with prescribed medication that may be administered at the EIDT. (2) A medication management plan must include without limitation: (A) The name of each medication; (B) The name…

20 CAR § 537-603. Behavior management plans. (a)(1) An EIDT 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 be approved by an ECDS; (B) Must involve the fewest an…

20 CAR § 537-604. Transportation. (a) An EIDT may elect to provide transportation services to its clients. (b)(1) The requirements of this part apply to all transportation provided to a client for any reason by any person or entity on behalf of the EIDT regardless of whether the …

20 CAR § 537-701. Incidents to be reported. (a) An EIDT 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 EIDT: (1) Death of a client; (2) Serious injury to a client; (…

20 CAR § 537-702. Reporting requirements. (a) An EIDT 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 EIDT should reasonably know might be of interest to the …

20 CAR § 537-703. Notification to guardians and legal custodians. (a) An EIDT 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 § 537-801. Monitoring. (a)(1) The Division of Provider Services and Quality Assurance shall monitor an EIDT to ensure compliance with this part. (2)(A) An EIDT must cooperate and comply with all monitoring, enforcement, and any other regulatory or law enforcement activitie…

20 CAR § 537-802. Written notice of enforcement action. (a) The Division of Provider Services and Quality Assurance shall provide written notice to the EIDT of all enforcement actions taken against the EIDT. (b) The division shall provide written notice to the EIDT by mailing the…

20 CAR § 537-803. Remedies. (a)(1) The Division of Provider Services and Quality Assurance shall not impose any remedies imposed by an enforcement action unless: (A) The EIDT is given notice and an opportunity to be heard pursuant to this section and 20 CAR § 537-1001 et seq.; or…

20 CAR § 537-804. Moratorium. (a) The Division of Provider Services and Quality Assurance may prohibit an EIDT from accepting new clients. (b) An EIDT prohibited from accepting new admissions may continue to provide services to existing clients.

20 CAR § 537-805. Transfer of clients. (a) The Division of Provider Services and Quality Assurance may require that an EIDT transfer a client to another EIDT if the division finds that the EIDT cannot adequately provide services to the client. (b) If directed by the division, an …

20 CAR § 537-806. Monetary penalties. (a) The Division of Provider Services and Quality Assurance may impose on an EIDT 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 § 537-807. Suspension and revocation of EIDT license. (a)(1) The Division of Provider Services and Quality Assurance may temporarily suspend an EIDT license if the EIDT fails to comply with this part. (2) If an EIDT’s license is suspended, the EIDT must immediately stop pr…

20 CAR § 537-901. Closure. (a)(1) An EIDT license ends if an EIDT permanently closes, whether voluntarily or involuntarily, and the license is effective on the date of the permanent closure as determined by the Division of Provider Services and Quality Assurance. (2) An EIDT that…

20 CAR § 540-101. Purpose. To establish the eligibility criteria and covered services under the Children with Chronic Health Conditions Program (CHC) of the Division of Developmental Disabilities Services.

20 CAR § 540-102. Mission. (a) CHC is committed to ensuring that children with special health care needs (CSHCN) in Arkansas receive the services and support necessary to achieve their greatest potential. (b) CHC will work together with families and healthcare providers to promot…

20 CAR § 540-103. Definitions. For purposes of this part, the following definitions apply: (1) “Activities of daily living (ADLs)” means the basic tasks of everyday life, including: (A) Eating; (B) Communication; (C) Dressing; (D) Mobility; (E) Bathing; and (F) Toileting; (2)(A) …

20 CAR § 540-104. Referrals. (a) Any person or organization may refer a child for diagnosis or treatment of an eligible condition. (b)(1) Referrals must be made to the Division of Developmental Disabilities Services Centralized Intake and Referral Unit. (2) Contact information ca…

20 CAR § 540-105. Eligibility. (a) Eligibility criteria. Eligibility must be determined on an annual basis. (b) Residency requirement. (1)(A) The child and his or her family must be current residents of Arkansas at the time services are provided. (B) Proof of residency will be re…

20 CAR § 540-106. Exclusions. The following are not eligible to receive CHC services: (1) Children who are eligible to receive case management services through another program, i.e., children enrolled in a Provider-Led Arkansas Shared Savings Entity (PASSE); (2) Recipients of the…

20 CAR § 540-107. Assistance categories. (a) CHC may provide assistance with the following categories of services and supports, up to the applicable service and support limits: (1)(A) Medically necessary item or equipment. (B)(i) A medically necessary item or piece of equipment t…

20 CAR § 540-108. CHC providers and billing. (a) Enrollment. To receive payment for CHC services, the individual or entity must be enrolled as a Medicaid provider or enrolled as a CHC provider and be willing to accept electronic funds transfer. (b) Prohibition on balance billing.…

20 CAR § 540-109. Appeals. (a) If the parent or guardian feels their child’s case has been denied unfairly, they may appeal in writing to the CHC Program Director within ten (10) business days from the date of notification. (b) Reconsideration requests/appeals should be mailed to…

20 CAR § 543-101. Purpose. (a) This part establishes Division of Developmental Disabilities Services guidelines for decisions regarding guardianship. (b) Guardianship shall be used only as is necessary to promote and protect the well-being of the person. (c) It is the intent of t…

20 CAR § 543-102. Scope. This part pertains to all Division of Developmental Disabilities Services: (1) Programs; (2) Services; and (3) Staff.

20 CAR § 543-103. Guardianship criteria. (a)(1) Guardianship will only be pursued when need for such is clearly and fully documented. (2) Factors in considering guardianship will include but are not limited to: (A) Informed consent; (B) Life-threatening situations; and (C) The po…

20 CAR § 544-101. Purpose. This part is provided to allow for appealing decisions made by the Division of Developmental Disabilities Services regarding the following programs: (1) Human development centers; (2) Community programs and services; (3) Medicaid Home and Community-Base…

20 CAR § 544-102. Scope. (a) This part applies to: (1) Recipients of services and their parents/guardians; (2) Community programs; (3) Service providers; (4) Care coordinators; (5) Other interested parties; and (6) All Division of Developmental Disabilities Services employees. (b…

20 CAR § 544-103. General provisions. (a) All reconsiderations and appeals of Division of Developmental Disabilities Services decisions shall be made in accordance with the: (1) Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq.; (2) Medicaid Fairness Act, A…

20 CAR § 545-101. Purpose. (a) This part outlines the procedure to be followed by the Division of Developmental Disabilities Services regarding the performance of an autopsy (postmortem examination) on the body of an individual who expires while: (1) Residing in a facility operat…

20 CAR § 545-102. Scope. This part is directed to all employees and licensees of the Division of Developmental Disabilities Services.

20 CAR § 545-103. Definition. (a) “Forensic autopsy”. An autopsy is considered to be a forensic examination when it is requested by the coroner, sheriff, chief of police, or prosecuting attorney of the county where the death occurred or was discovered. (b) A forensic autopsy is p…

20 CAR § 545-104. Autopsy. (a) Forensic autopsy. The onsite administrator or community program director shall follow the instructions of one (1) of the officials listed in 20 CAR § 545-103. (b) Reporting of suspicions as to cause of death. When any person, including but not limit…

20 CAR § 575-101. Introduction. (a) The Division of Medical Services may pay for health insurance premiums for Medicaid-eligible individuals if such payments are cost effective. (b) This part contains the rules governing premium payments under the Arkansas Health Insurance Premiu…