Title 20 — Public Health and Welfare

(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…

(a) The state agencies which administer funds for long-term care shall work together to achieve a coordinated and accessible network of long-term care and related community-based services, utilizing an orderly and effective interagency referral system. (b) The state agencies shal…

The state agencies shall work out formalized agreements among themselves that will set forth all the elements of this plan.

The state agencies shall carry out a public information campaign to inform the citizens of Arkansas about this network of services.

(a) State agencies shall establish a demonstration project in a limited number of counties in order to develop a comprehensive long-term care assessment system. (b) This project shall develop the role of assessment agencies for the long-term care network. (c) These assessment age…

(a) The state agencies shall collect and report management and caseload information to the appropriate legislative committees on a quarterly basis. (b) Each agency shall identify to the committees all agency funds and personnel involved in the delivery of long-term care and relat…

The state agencies shall develop a plan for training home health aide providers.

(a) The Department of Health, the Department of Human Services, and any other state agency which administers funds and appropriations for long-term care and related community-based services may transfer funds and appropriations among themselves in such amounts as they deem necess…

This subchapter shall be known and may be cited as the “Long-Term Care Ombudsman Act”.

The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall establish and administer an ombudsman program in accordance with the Older Americans Act, 42 U.S.C. § 3001 et seq., as amended, and all applicable federal and state laws, includ…

No ombudsman shall be denied access to any patient or resident in a long-term care facility during any period of operation of the facility.

This subchapter shall be known and may be cited as the “Long-Term Care Aide Training Act”.

(1) As used in this subchapter:(1) “General nursing experience” means nursing experience obtained through employment, internship, externship, or other means and includes without limitation employment in a nursing assistant education program or employment in or supervision of nurs…

Students who have satisfactorily completed a nursing assistant or aide training program in either a public or private proprietary school licensed by the State of Arkansas are excluded from this subchapter since they will already have attained the skills needed to serve as aides i…

The Department of Human Services shall establish a training program to be completed by all aides in long-term care facilities who provide personal care to residents.

(a) The Department of Human Services shall promulgate rules necessary to implement an aide training program for all long-term care facilities in this state, to prescribe in-service training programs, and to enforce compliance with those programs. (b) (1) The rules shall require t…

A.C.A. § 20-10-706Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved

(1) As used in this subchapter:(1) “Agency” means any person, partnership, association, corporation, or other organization, whether public or private, proprietary or nonprofit;(2) “Class A license” means that the applicant is at the time of filing an application a Medicare-certif…

(1) The following persons are not required to be licensed under § 20-10-807:(1) A physician, dentist, registered nurse, or physical therapist who is currently licensed under the laws of this state who provides home healthcare services only to a patient as a part of his or her pri…

(a) (1) Any person who violates any provision of this subchapter or rules lawfully promulgated under this subchapter shall be guilty of a violation.(2) Upon conviction, that person shall be liable to a fine of not less than twenty-five dollars ($25.00) nor more than one hundred d…

(a) This subchapter shall be administered by the Division of Health Facilities Services. (b) (1) The State Board of Health shall adopt, promulgate, and enforce such rules and standards as may be necessary for the accomplishment of the purposes of this subchapter.(2) The rules and…

It shall be unlawful for any agency to provide home healthcare services unless licensed pursuant to this subchapter.

(a) An applicant for a license to provide home healthcare services shall:(1) File a written application on a form prescribed by the Division of Health Facilities Services;(2) File with the application the name of the owner of the agency or a list of names of persons who own an in…

(a) (1) The Director of the Division of Health Facilities Services shall issue licenses for the operation of home healthcare services agencies which are found to comply with this subchapter and with the rules of the State Board of Health.(2) The director shall also issue licenses…

(1) The Director of the Division of Health Facilities Services may deny, suspend, or revoke licensure on any of the following grounds:(1) Violation of this subchapter or the rules lawfully promulgated under this subchapter; and(2) Permitting, aiding, or abetting the commission of…

A.C.A. § 20-10-811Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved

(a) (1) The Division of Health Facilities Services may levy and collect a fee for the issuance of an annual license to a home healthcare services agency or a subunit of a home healthcare services agency. The license fee for a home healthcare services agency shall be an annual fee…

Upon the dissolution of any corporation which on April 14, 1995, is licensed to provide home healthcare services, the Department of Health, the Health Services Permit Agency, the Health Services Permit Commission, and any other agency involved may transfer the dissolved corporati…

This subchapter may be known as the “Arkansas Long-Term Care Facility Receivership Law”.

It is the purpose of this subchapter to develop a mechanism whereby the concept of receivership can be utilized for the protection of residents in long-term care facilities. It is the intent of the General Assembly that receivership shall be a remedy of last resort when all other…

(1) As used in this subchapter:(1) “Administrator” means a long-term care facility administrator as defined in § 20-10-101;(2) “Emergency” means a situation, a physical condition, or one (1) or more practices, methods, or operations which threaten the health, security, or welfare…

(1) The following circumstances shall be grounds for the appointment of a receiver to operate a long-term care facility:(1) An emergency exists in a facility which threatens the health, security, or welfare of residents;(2) A facility is in substantial or habitual violation of th…

(a) The Department of Human Services, Attorney General, or prosecuting attorney or duly appointed deputy prosecuting attorney of the district in which the facility is located may file a complaint in the circuit court of the county in which the facility is located requesting the a…

The court shall appoint a receiver if it finds that any one (1) of the grounds for appointment set forth in § 20-10-904 is satisfied.

(a) If the complaint filed under § 20-10-905 is filed by the Department of Human Services and alleges that grounds set out in § 20-10-904(1) or § 20-10-904(2) exist within a facility and is accompanied by a verified affidavit setting forth facts which would constitute such a grou…

(a) The circuit court may appoint any licensed nursing home administrator or any qualified person as a receiver who does not have a conflict of interest. (b) The Department of Human Services shall maintain a list of qualified persons to be furnished to the court. Preference shall…

(1) The receiver appointed pursuant to this subchapter:(1) Shall operate the facility in such a manner as to assure safety and adequate health care for the residents;(2) Shall receive and expend in a reasonable and prudent manner the revenues of the facility;(3) May hire, direct,…

(a) The circuit court shall set a reasonable compensation to include salary and reasonable expenses for the receiver to be paid as a necessary expense of the facility under the receivership. Reasonable expenses may include charges for a liability insurance policy covering neglige…

(a) The receiver shall be appointed for an initial period of not more than six (6) months. (b) The initial six-month period may be extended for an additional period of ninety (90) days with approval of the circuit court upon a showing of good cause.

The circuit court may require a receiver to post a bond, which may include provision for costs and attorney's fees, upon breach of fiduciary duty.

(a) No person or court of this state shall impede the operation of a receivership created under this subchapter. (b) For a sixty-day period subsequent to the appointment of a receiver, there shall be an automatic stay of any action that would interfere with the functioning of the…

Within thirty (30) days after termination, the receiver shall file with the court a complete accounting of all property of which the receiver has taken possession, of all funds collected, and of the expenses of the receivership.

(a) (1) In lieu of bringing an action under this subchapter, the Department of Human Services, in its sole discretion, may place a designated employee from the department to act as monitor in the facility when any of the grounds for receivership exists in a facility.(2) The monit…

(a) There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund account to be known as the “Long-Term Care Facility Receivership Fund Account” of the Department of Human Services Fund. The Long-Term Care Faci…