Title 20, Public Health and Welfare

(a) Applications for medical facilities construction projects for which federal funds are requested shall be submitted to the Department of Human Services and may be submitted by the state or any political subdivision thereof or by any public or other nonprofit agency authorized …

(a) The purpose of the quality assurance committee in a long-term care facility is to evaluate and improve the quality of health care rendered to residents of the facility. (b) The General Assembly finds that:(1) Confidentiality of committee proceedings and records is key to impr…

(a) This subchapter applies to long-term care facilities as those entities are defined in § 20-10-101. (b) This subchapter does not expand, limit, or constrict any other privilege, particularly a privilege under § 16-46-105, § 20-9-502, or § 20-9-503.

(a) A cause of action for damages or monetary liability shall not arise against a member of the quality assurance committee for an act or proceeding undertaken or performed within the scope of the functions of the quality assurance committee if the committee member acts without m…

(a) (1) A long-term care facility may appoint members to serve as a duly appointed quality assurance committee in which individuals from various disciplines meet as a committee to:(A) Ensure that current practice standards are maintained;(B) Prevent deviations from care practices…

Upon a request of a quality assurance committee reviewing care provided in a long-term care facility, a physician, administrator, nurse, certified nurse's aide, nurse's aide-in-training, or other individual engaged in work in or about the long-term care facility and having inform…

The Department of Human Services shall cause to be inspected each construction project approved by the United States Surgeon General. If the inspection warrants, the department shall certify to the United States Surgeon General that work has been performed upon the project or tha…

(a) The Department of Human Services is empowered to receive federal funds in behalf of and transmit them to such applicants. (b) Money received from the United States Government for a construction project shall be deposited with the Treasurer of State as a trust fund. The fund s…

(a) The Department of Human Services shall require institutions which receive federal aid for construction under the state plan to comply with such minimum standards prescribed by the department as may be promulgated in accordance with the federal act and federal rules and regula…

(a) A long-term care facility or related institution shall not be established, conducted, or maintained in this state without obtaining a license. (b) (1) By properly promulgating rules, the Department of Human Services may provide for the issuance of provisional long-term care f…

(a) The Department of Human Services shall prescribe by rule that any licensee or applicant desiring to make specified types of alterations or additions to its facilities or to construct new facilities shall, before commencing such alterations, additions, or new construction, sub…

The Department of Human Services shall make such inspections as it may prescribe by rule.

The Department of Human Services shall make an annual report of its activities and operations under §§ 20-10-213 — 20-10-228 to the Governor and shall make such information available to the General Assembly as may be requested.

(a) Except in a proceeding involving the question of licensing or revocation of a license or as permitted in § 20-10-210(b), information received by the Department of Human Services, through inspection or otherwise, authorized under §§ 20-10-213 — 20-10-228, shall not be disclose…

(a) Any person, corporation, partnership, or facility seeking a license or renewal to provide long-term care in this state shall furnish a current annual disclosure statement to all residents upon request or to all prospective residents upon request. (b) The statement shall be fi…

Each facility shall file the completed annual disclosure statement along with its annual license application by March 1 of each year and file a copy of the disclosure statement with the Department of Human Services county office in the county in which the facility is located.

(a) The General Assembly recognizes that in order to provide for appropriate health care for all Arkansans:(1) Personal care service providers are a vital component in the recovery from an illness or an injury;(2) Sufficient personal care service providers should be available to …

(1) As used in this subchapter, “private care agency” means a provider that is licensed by the Department of Health as a private care agency and that:(1) Furnishes in-home staffing services for personal and attendant care services for which the provider seeks reimbursement throug…

The Division of Medical Services shall take such action as required by the Centers for Medicare & Medicaid Services to amend the Arkansas Medicaid Manual to include private care agencies that provide personal care services twenty-four (24) hours a day and seven (7) days a week as…

(a) The State Board of Health shall promulgate rules necessary to implement this subchapter. (b) To be eligible for reimbursement under this subchapter, the private care agency shall provide personal care services that comply with rules promulgated by the board. (c) The board sha…

The failure to provide to any resident a copy of the disclosure statement upon request or to a prospective resident upon request or the failure of any facility to disclose the required information in a timely manner or the failure to file the disclosure statement as required shal…

(a) The Office of Long-Term Care shall promulgate and maintain pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., separate rules, client rights, and sanctions for intermediate care facilities for individuals with developmental disabilities operations and …

(1) As used in this subchapter:(1) “Cost report” means all the cost-reporting forms, schedules, filing certifications, compilation reports, attachments, and supplemental information specified by the instructions of the Department of Human Services; and(2) “Room and board” means a…

(a) An assisted living facility participating in, or seeking to participate in, the Arkansas Medicaid Program, including any Medicaid waiver program under 42 U.S.C. § 1396n(c) or 42 U.S.C. § 1315, shall file a cost report with the Department of Human Services:(1) Annually not lat…

(a) If an assisted living facility experiences difficulty in completing their cost report by the due date, the assisted living facility may request an extension from the Department of Human Services. (b) An extension request shall be filed in writing with the department before th…

(a) (1) The Department of Human Services shall, directly or through a qualified contractor, review or audit each cost report.(2) This review or audit of each cost report may include desk reviews, desk audits, and onsite financial audits of any assisted living facility and the hom…

(a) The Department of Human Services may impose any sanction allowed under this section and may suspend or limit new admissions of Medicaid beneficiaries to the facility in the event of any of the following and continued until the facility demonstrates full compliance to the sati…

(1) It is the intent of the General Assembly to:(1) Set minimum training requirements for staff members who are employed by an assisted living facility that includes persons with Alzheimer's disease or other dementias in the populations served; and(2) Address gaps in current deme…

(1) As used in this subchapter:(1) “Covered administrative staff member” means senior personnel at a facility, including administrators as well as managerial staff members, who directly supervise covered direct service staff members;(2) (A) “Covered direct service staff member” m…

(a) A facility shall provide initial training to:(1) All covered staff members:(A) On or after August 1, 2023; or(B) Within ninety (90) days of the start of their employment; and(2) All covered staff members who were employed before August 1, 2023, and who have not received equiv…

(a) The dementia training curriculum shall include principles of person-centered dementia care including:(1) Thorough knowledge of the person with Alzheimer's disease and dementia and the person's abilities and needs;(2) Advancement of optimal functioning and quality of life;(3) …

(a) A person who conducts in-person dementia training under this subchapter shall meet the following minimum criteria:(1) Possess:(A) No less than two (2) years of work experience related to Alzheimer's disease or other dementias or in health care, gerontology, or another related…

A covered staff member shall not be required to bear any of the cost of trainings or cost to attend trainings and shall receive his or her normal compensation when attending required trainings.

(a) The Department of Human Services shall exercise oversight over the compliance of a facility with the requirements of this subchapter to:(1) Ensure that the facility provides continuing education opportunities;(2) Involve observation and assessment of the proficiencies of dire…

No later than ninety (90) days before August 1, 2023, the Department of Human Services shall give notice to a facility that may be covered under this subchapter.

(1) The Department of Human Services shall adopt rules:(1) For initial and continuing education on dementia for covered staff members; and(2) (A) To establish two (2) hours of continuing education on dementia for all covered staff annually.(B) The continuing education under subdi…

(a) This subchapter does not supersede any state law or rule that contains more rigorous training requirements for some covered staff members. (b) If any state law or rule overlaps with this subchapter, the Department of Human Services shall avoid duplication of requirements whil…

(a) Any person, partnership, association, or corporation establishing, conducting, managing, or operating any long-term care facility without first obtaining a license as provided by law shall be guilty of a Class A misdemeanor and upon conviction shall be liable to a fine impose…

(a) It shall be unlawful for any person to act or serve in the capacity of long-term care facility administrator in this state unless the person has been licensed to do so as authorized in this subchapter. (b) A person who serves as an administrator of a long-term care facility c…

(a) The Office of Long-Term Care is vested with the authority and duty to prescribe minimum qualifications for long-term care facility administrators and license persons as long-term care facility administrators who make application for licensure and meet the minimum qualificatio…

(a) Any person desiring to be licensed as a long-term care facility administrator shall make application to the Office of Long-Term Care on forms prescribed by the office and shall furnish such information with the application as shall be required by the office. (b) An applicant …

(a) (1) Every active nursing home administrator's license shall be renewed on or before July 1 of each year by paying a fee of one hundred dollars ($100) to the Office of Long-Term Care and by furnishing written documentation that the licensee has attended and accumulated a speci…

(a) The Office of Long-Term Care may by rule establish terms and conditions for reciprocity licensure of individuals currently licensed in good standing as long-term care facility administrators in other states. (b) At their option, applicants qualifying for reciprocity licensure…

(a) The Department of Human Services may refuse to issue or renew a long-term care facility administrator's license or may revoke or suspend the license of a long-term care facility administrator if the department finds that the applicant or licensee does not qualify for licensur…

(a) All funds derived from fees collected pursuant to this subchapter are special revenues and shall be deposited into the State Treasury, there to be credited to the Nursing Home Personnel Training Fund to be utilized by the Office of Long-Term Care for development and implement…

(1) As used in this subchapter:(1) “Committees” means the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor or appropriate subcommittees thereof to whom the state agencies in the long-term care network will report t…