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Arkansas Statutes, Title 20

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Arkansas/Statutes

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Title 20, Public Health and Welfare

63 chapters · 2,725 sections in this title.

All chapters in Title 202,725 Ch 77, Medical Assistance241 Ch 16, Reproductive Health215 Ch 10, Long-Term Care Facilities and Services191 Ch 13, Emergency Medical Services151 Ch 17, Death and Disposition of the Dead139 Ch 27, Miscellaneous Health and Safety Prov…130 Ch 15, Disease and Disease Prevention Generally114 Ch 9, Health Facilities and Services Generally112 Ch 64, Alcohol and Drug Abuse106 Ch 7, State Board of Health — Department o…96 Ch 76, Public Assistance Generally92 Ch 47, Treatment of Persons With Mental Illness83 Ch 22, Fire Prevention, Protection, and Safety81 Ch 48, Treatment of Persons With Developmen…74

191 sections·Filtered byTitle 20✕Ch 10✕

Ark. Code Ann. § 20-10-502 Coordination of state and nonstate agencies
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(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…
Ark. Code Ann. § 20-10-503 Interagency agreements
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The state agencies shall work out formalized agreements among themselves that will set forth all the elements of this plan.
Ark. Code Ann. § 20-10-504 Public information campaign
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The state agencies shall carry out a public information campaign to inform the citizens of Arkansas about this network of services.
Ark. Code Ann. § 20-10-505 Demonstration projects for assessment agencies
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(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…

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Ark. Code Ann. § 20-10-506 Reports

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(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…

Ark. Code Ann. § 20-10-507 Training program for home health aide providers

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

Ark. Code Ann. § 20-10-508 Interagency transfers of funds

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(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…

Ark. Code Ann. § 20-10-601 Title

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

Ark. Code Ann. § 20-10-602 Ombudsman program

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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…

Ark. Code Ann. § 20-10-603 Access to patients

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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.

Ark. Code Ann. § 20-10-701 Title

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

Ark. Code Ann. § 20-10-702 Definitions

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(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…

Ark. Code Ann. § 20-10-703 Exemptions

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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…

Ark. Code Ann. § 20-10-704 Training program

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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.

Ark. Code Ann. § 20-10-705 Rules

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(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…

Ark. Code Ann. § 20-10-801 Definitions

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(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…

Ark. Code Ann. § 20-10-802 Exceptions from licensing requirements

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(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…

Ark. Code Ann. § 20-10-803 Penalties

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(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…

Ark. Code Ann. § 20-10-806 Administration — Rules and standards

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(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…

Ark. Code Ann. § 20-10-807 License required

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

Ark. Code Ann. § 20-10-808 Application for license — Temporary license

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(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…

Ark. Code Ann. § 20-10-809 Issuance of licenses

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(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…

Ark. Code Ann. § 20-10-810 Denial, suspension, or revocation of license

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(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…

Ark. Code Ann. § 20-10-812 Fees

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(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…

Ark. Code Ann. § 20-10-813 Transfer of licenses and permits upon dissolution

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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…

Ark. Code Ann. § 20-10-901 Title

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

Ark. Code Ann. § 20-10-902 Purpose

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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…

Ark. Code Ann. § 20-10-903 Definitions

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(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…

Ark. Code Ann. § 20-10-904 Grounds for appointment

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(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…

Ark. Code Ann. § 20-10-905 Petition for receivership

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(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…

Ark. Code Ann. § 20-10-906 Hearing on receivership

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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.

Ark. Code Ann. § 20-10-907 Emergency appointment

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(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…

Ark. Code Ann. § 20-10-908 Qualifications of receiver

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(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…

Ark. Code Ann. § 20-10-909 Duties of receiver

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(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,…

Ark. Code Ann. § 20-10-910 Compensation of receiver

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(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…

Ark. Code Ann. § 20-10-911 Duration of receivership

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(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.

Ark. Code Ann. § 20-10-912 Bond of receiver

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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.

Ark. Code Ann. § 20-10-913 Automatic stay

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(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…

Ark. Code Ann. § 20-10-914 Accounting for funds

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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.

Ark. Code Ann. § 20-10-915 Alternative procedure

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(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…

Ark. Code Ann. § 20-10-916 Long-Term Care Facility Receivership Fund Account

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(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…