Arkansas Administrative Code

20 CAR § 255-102. Definitions. As used in this subpart: (1) "Affected person" includes, at a minimum: (A) The applicant; (B) Appropriate state agencies; (C) Any person residing within the proposed service area or any person who regularly uses healthcare facilities within the prop…

20 CAR § 255-103. Scope of review. (a)(1) The Health Services Permit Agency (under the direction of the Health Services Permit Commission or appropriate court) will issue, deny, or withdraw permits of approval. (2) Using the commission’s rules and procedures, the agency may exemp…

20 CAR § 255-104. Criteria for review. The Health Services Permit Agency and the Health Services Permit Commission will utilize the following criteria in the review process: (1) Whether the proposed project is needed or projected as necessary to meet the needs of the locale or ar…

20 CAR § 255-105. Procedures for review. Although review procedures and criteria may vary according to the purpose for which a particular review is being conducted, the normal procedures are as follows: (1) Review schedule. (A) The review schedule below provides for the review of…

20 CAR § 255-106. Continuing effect of a permit of approval. (a) Implementing a permit of approval. (1)(A)(i) Applicants approved to construct a new facility or expand an existing facility have nine (9) months from the date of the issuance of the permit (or from the date of the f…

20 CAR § 255-107. Exceptions to use of procedures. (a) The Health Services Permit Commission may approve an exception to any of the required review procedures by a favorable three-fourths (3/4) vote of the full commission. (b) In approving a general exception the commission will …

20 CAR § 255-108. Enforcement. (a) The Health Services Permit Commission may authorize the Health Services Permit Agency to enjoin the construction or expansion of existing facilities or operation of any project commenced in violation of Acts 1987, No. 593 as amended through acti…

20 CAR § 255-109. Electronic mail and facsimiles. (a) Fax copies will be accepted provided that a hard copy with an original signature is received at the Health Services Permit Agency within five (5) days of the fax copy. (b) The agency will not accept official correspondence via…

20 CAR § 255-110. Utilization reports and fines. (a) Acts 2005, No. 1271 as amended authorizes the Health Services Permit Agency to collect utilization statistics annually from health facilities requiring a permit of approval. (b) The agency is also authorized to impose fines on …

20 CAR § 255-201. Definitions. As used in this subpart: (1) “Abandonment” means the act of an owner/operator to discontinue the operation of a long-term care facility without the sale of that facility to a responsible purchaser, or without ensuring the placement of all facility r…

20 CAR § 255-202. Need. (a) Population-based need. (1) This methodology projects the need for assisted living beds at thirty (30) beds per one thousand (1000) persons who are sixty-five (65) years of age and older. (2) Need will consider the number of proposed and existing ALF be…

20 CAR § 255-204. Size. Maximum size. A maximum of seventy-five (75) beds will be awarded to any one (1) applicant per service area, per cycle under the population based methodology.

20 CAR § 255-205. Unfavorable review. (a) Existing long-term care facilities will have an unfavorable review if the following quality of care standards are not met: (1) No nursing home will be awarded a permit of approval for assisted living if the existing facility has had: (A) …

20 CAR § 255-206. Review criteria. (a) The Health Services Permit Agency and the Health Services Permit Commission will utilize the following criteria in the review process. (b)(1) Whether the proposed project is needed or projected as necessary to meet the needs of the populatio…

20 CAR § 255-301. Methodology. (a) Standards. (1) The following is the standard to be used in the review of additional or expanded home health agencies. (2)(A) The methodology is based on the following assumptions: (i) More populated areas tend to have a higher population density…

20 CAR § 255-302. Unfavorable review. No application will be approved for a new home health agency or an expanded service area or change in license category if the applicant has had any condition level deficiencies in the previous thirty-six (36) months as determined by the appli…

20 CAR § 255-303. Rural hospitals. (a)(1) Small rural hospitals that do not have a home health agency may be approved for a home health agency to serve either the: (A) County in which the hospital is located; or (B) Townships within a twenty-mile radius of the hospital. (2) “Smal…

20 CAR § 255-401. Definitions. As used in this subpart: (1)(A) “Hospice care” as defined by state statute means an autonomous, centrally administered, medically directed, coordinated program providing home and outpatient care for the terminally ill patient and family, and which e…

20 CAR § 255-402. Hospice agencies. (a) This subpart regulates the establishment of new hospice agencies and the expansion of existing hospice service areas. (b) Need. (1) The projected number of hospice patients will be thirty percent (30%) of the average of the total deaths tha…

20 CAR § 255-403. Hospice facilities. (a) This subpart regulates the establishment of new hospice facilities and expansion of existing hospice facilities. (b)(1) The objective of this methodology is to ensure that an adequate supply of hospice beds are available and accessible wh…

20 CAR § 255-501. Definitions. As used in this subpart: (1)(A) “Beds in transition” means beds that: (i) Originate from a licensed facility and are being transferred or moved to a new, existing, or replacement facility in a different county; and (ii) Are awaiting final licensing …

20 CAR § 255-502. Population-based methodology. (a)(1) Population-based methodology calculates the projected nursing facility bed need using estimated population data for four (4) age groups (see below) for a service area (county). (2) Need is projected five (5) years forward usi…

20 CAR § 255-503. Utilization-based methodology. (a)(1) Regardless of projected need in a county, nursing facilities may acquire up to twenty-five (25) additional beds if the applicant nursing facility: (A) Averaged ninety percent (90%) or greater occupancy according to the most …

20 CAR § 255-504. Replacement of facilities and beds. (a)(1) Qualified applicants would be applicants who propose to replace an entire existing licensed facility with “new construction”. (2) Existing licensed nursing facilities are eligible for replacement without respect to the …

20 CAR § 255-505. Application approval priorities. (a) In any one (1) review cycle, for all applications submitted under 20 CAR § 255-503, only two (2) applications may be approved for each county. (b) In any one (1) review cycle, for all the applications submitted under 20 CAR §…

20 CAR § 255-506. Unfavorable review. (a) An application for a permit of approval under 20 CAR § 255-501 et seq., Nursing Facility Bed Methodology will be denied if it: (1)(A) Does not agree to eliminate all three (3) or more bed units in the applicant facility. (B) A facility ma…

20 CAR § 255-507. Life care nursing facility. The Arkansas Health Services Permit Commission and the Arkansas Health Services Permit Agency amend their rules, policies, and procedures in relation to applications for long-term care facilities as follows: (1) Continuing care provid…

20 CAR § 255-601. Definition. As used in this part, "psychiatric residential treatment facility” means a residential childcare facility in a nonhospital setting that provides a structured, systematic, therapeutic program of treatment under the supervision of a physician licensed …

20 CAR § 255-602. Population-based methodology. (a) Projection time frame. Each July 1 bed need will be projected five (5) years from the current year, i.e., July 1, 2006 projections will be made for the year 2011. (b) Service area is by PRTF area. Area 1Area 2Area 3Area 4Area 5A…

20 CAR § 255-603. Transfer of beds. An existing PRTF may apply to transfer beds if: (1) The applicant is fully licensed, is in good standing, and has no pending adverse action before its licensing board; (2) The applicant is transferring to an existing facility in which capacity …

20 CAR § 255-604. Unfavorable review. The Health Services Permit Agency may consider an applicant’s compliance and enforcement history, both in Arkansas and out of state, in determining whether to grant a permit of approval.

20 CAR § 255-605. Moratorium. (a) Beginning February 1, 2008, there will be a moratorium on the construction or addition of any additional PRTF beds beyond the current number of permitted and licensed beds for the state. (b) Applications for additional beds will not be accepted d…

20 CAR § 255-701. Residential care. Definition. As used in this part: (1) All references to "residential care" and "residential care facilities" refer to facilities that meet the definition contained in Acts 1993, No. 1238, which states: "(14) 'Residential care facility' means a …

20 CAR § 255-702. Service area. Service area will be the county.

20 CAR § 255-703. Bed need. (a) Bed need will be determined by a population-based methodology and a utilization-based methodology. (b) Population-based. (1) Numerical formula. (A)(i) At ninety percent (90%) optimum occupancy the following number of RCF beds are projected by age g…

20 CAR § 255-704. Acts 2001, No. 1230. The Arkansas Assisted Living Act, Acts 2001, No. 1230, created the assisted living program and allows residential care facilities that were licensed or holding a permit of approval as of the effective date of the Arkansas Assisted Living Act…

20 CAR § 255-705. Moratorium. (a) Beginning July 1, 2005, applications for construction of new residential care facilities will not be accepted, including applications for replacement facilities, additional beds, or to expand existing bed capacity. (b) However, applications for r…

20 CAR § 255-801. Moratorium on intermediate care facilities for individuals with intellectual disabilities. As authorized by Acts 1987, No. 593, as amended, the Health Services Permit Commission proposes to retain the moratorium on the acceptance of permit of approval applicatio…

20 CAR § 880-1001. Generally. (a) Fittings and appliances on new boilers or new unfired pressure vessels shall comply with the applicable provisions of the ASME Boiler Construction Code, as adopted, or of this subpart. (b)(1) Where pressure-reducing valves are used, one (1) or mo…

20 CAR § 880-1002. Water glasses. (a)(1) Each boiler shall have at least one (1) water gauge glass except that boilers operated at pressures over four hundred pounds per square inch (400 psi) shall be provided with two (2) water gauge glasses which may be connected to a single wa…

20 CAR § 880-1003. Gauge cocks. (a) Gauge cocks are not required on new installations since the 1995 ASME code, or on older installations that are CSD-1 compliant. (b) Boilers that have two (2) water glasses located on the same horizontal lines are not required to have gauge cock…

20 CAR § 880-1004. Steam gauges. (a)(1) Each boiler shall have a steam gauge connected to the steam space or to the water column or its steam connection. (2) The steam gauge shall be connected to a syphon or equivalent device of sufficient capacity to keep the gauge tube filled w…

20 CAR § 880-1005. Valves. (a)(1) Each steam discharge outlet, except safety valve and superheater connections, shall be fitted with a stop valve located at an accessible point in the steam delivery line and as near the boiler nozzle as convenient and practicable. (2) When such o…

20 CAR § 880-1006. Steam mains. (a)(1) Provisions shall be made for the expansion and contraction of steam mains connected to boilers by providing substantial anchorage at suitable points so that there shall be no undue strain transmitted to the boiler. (2) Steam reservoirs shall…

20 CAR § 880-1007. Blowoff piping. (a)(1) A blowoff as required herein is defined as a pipe connection provided with valves through which the water in the boiler may be blown out under pressure, excepting drains such as are used on water columns, gauge glasses, or piping to feedw…

20 CAR § 880-1008. Blowoff tanks. (a)(1) This section does not contain details of all possible arrangements of boiler blowoff equipment. (2) A Guide to Blowoff Vessels, NB-27, governing the installation of blowoff tanks, should be consulted. (3) Refer to the National Board of Boi…

20 CAR § 880-1009. Feed piping. (a)(1) The feedwater shall be introduced into a boiler in such a manner that the water will not be discharged directly against surfaces exposed to gases of high temperature or to direct radiation from the fire, or close to any riveted joints of the…

20 CAR § 880-101. Information for public guidance. (a) The mailing address and telephone number for the Boiler Inspection Division is: Boiler Inspection DivisionDivision of Labor900 West Capitol Ave, Suite 400Little Rock, AR 72201(501) 682-4500 (b)(1) The Division of Labor makes …

20 CAR § 880-1010. Feed piping check valve requirements. (a)(1) The feed pipe shall be provided with a check valve near the boiler and a valve or cock between the check valve and the boiler, and when two (2) or more boilers are fed from a common source, there shall also be a glob…

20 CAR § 880-1011. Selection of feed pumps. (a)(1) In selecting boiler feed pumps, the fact that boilers are often operated two hundred percent (200%) or three hundred percent (300%) of their rating should be taken into consideration. (2) The figures as outlined in Table 2 are of…