Title 20, Public Health and Welfare

For Medicaid-eligible clients, the Department of Human Services shall reimburse assisted living facilities on a per diem basis in accordance with approval for per diem reimbursement from the Centers for Medicare & Medicaid Services.

(a) (1) Each assisted living facility in the State of Arkansas shall first obtain a license to operate from the Department of Human Services under § 20-10-224 and the rules promulgated by the department.(2) The department shall promulgate rules for the licensure and operation of …

A facility licensed as of April 2, 2001, and subsequent purchasers have the option of converting all or part of the facility to assisted living under § 20-10-1704(d) or choosing to remain licensed as a residential care facility.

(a) Facilities offering assisted living services shall obtain a permit of approval. However, permits of approval held by residential care facilities as of April 2, 2001, or held by subsequent purchasers of those facilities, shall also be considered permits of approval for assiste…

This subchapter shall be known and may be cited as the “Long-Term Care Facilities Emergency Generator Act of 2001”.

(1) As used in this subchapter:(1) “Areas of refuge” means any hallways, corridors, dining facilities, lobbies, reception areas, or community rooms designated by the nursing facility and approved by the Office of Long-Term Care;(2) “Critical systems” means:(A) Heating systems;(B)…

(a) (1) Each nursing facility or nursing home shall submit for approval to the Department of Human Services plans prepared by a licensed architect, engineer, electrician, or individual deemed qualified by the manufacturer of the generator for the installation of an emergency gene…

(a) (1) If a nursing facility or nursing home fails to comply with this subchapter, the following penalties may be applied to the facility:(A) A fine not to exceed five thousand dollars ($5,000) may be assessed by the Department of Human Services for each month in which the facil…

(a) The General Assembly finds that this subchapter is necessary to provide an alternative process to formal judicial or administrative appeals of deficiencies for long-term care facilities as a means for faster, more efficient, and less expensive resolution of disputes concernin…

(1) As used in this subchapter:(1) “Deficiency” means a violation or alleged violation by a long-term care facility of applicable state or federal laws, rules, or regulations governing the operation or licensure of a long-term care facility;(2) “Deficiency tag number” means an al…

(a) Informal dispute resolution shall be conducted by the Department of Health. (b) The department shall assign all informal dispute resolution hearings to the unit or section charged with performing survey or inspection activity for hospitals and hospital-based skilled nursing f…

(a) The impartial decision maker may be an individual or a committee of individuals employed by the Department of Health. (b) (1) An impartial decision maker shall be a nurse, a physician, a pharmacist, or any combination of nurses, physicians, or pharmacists, employed by the dep…

(a) A long-term care facility that wishes to challenge a deficiency shall make a written request to the Department of Health within ten (10) calendar days of the receipt of the statement of deficiencies from the Office of Long-Term Care. (b) The written request shall include:(1) …

(a) (1) Upon receipt of a request for an informal dispute resolution hearing from a long-term care facility, the Department of Health shall assign the matter to an impartial decision maker.(2) If a deficiency in dispute concerns a pharmacy, a pharmacist, a pharmacy tag, or a defi…

(a) Unless the long-term care facility chooses another order of presentation of arguments:(1) (A) The Department of Human Services shall present the initial arguments at the hearing.(B) Initial arguments shall be detailed and not limited to a recitation of the statement of defici…

(a) (1) The impartial decision maker shall issue a written statement of findings that shall be entitled “Determinations” no later than seven (7) calendar days after the informal dispute resolution hearing.(2) The statement shall include:(A) A recitation of the deficiency tag numb…

(a) The informal dispute resolution hearing is limited to deficiencies cited on a statement of deficiencies. (b) If the impartial decision maker finds that matters not subject to informal dispute resolution are presented, the impartial decision maker shall strike all documentary …

(1) A request for an informal dispute resolution shall not:(1) Stay any action for enforcement or imposition of remedies; or(2) Affect or preclude a facility's right to judicial or administrative appeal. (1) Stay any action for enforcement or imposition of remedies; or (2) Affect…

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

The purpose of this subchapter is to protect the elderly and other vulnerable citizens of the State of Arkansas by ensuring that all facilities that offer assisted living or similar services are properly licensed and following the statutes and rules for long-term care facilities.

(1) As used in this subchapter:(1) “Assisted living facility” means the same as in § 20-10-1703;(2) “Congregate services” means provision of group meals or any activities of daily living and instrumental activities of daily living provided in a group setting;(3) “Person” means an…

(a) Any assisted living facility or residential care facility composed of a building or buildings, section, or distinct part of a building, whether operated for profit or not, shall be licensed as a long-term care facility by the Department of Human Services under § 20-10-224 and…

(a) Assisted living facilities and residential care facilities that are unlicensed on April 13, 2005, shall have until March 15, 2006, in which to apply for an assisted living facility license or residential care facility license. (b) Any assisted living facility or residential c…

(a) This subchapter shall not apply to situations in which persons in independent apartments receive home health services as with the Meals on Wheels America program or other services by agencies such as the area agencies on aging but in which:(1) Congregate services are not offe…

(a) Each person establishing, conducting, managing, constructing, or operating an assisted living facility or residential care facility without a license in violation of this subchapter or using the terms “assisted living”, “residential care”, or similar term to promote the facil…

The General Assembly declares that this act is necessary to assure the effective and coordinated regulation of long-term care facilities and long-term care facility administrators within an orderly organizational structure of government at such levels of economy as are consistent…

There is created an Office of Long-Term Care within the appropriate division as determined by the Secretary of the Department of Human Services. The head of the office shall be appointed by the secretary.

(a) The Office of Long-Term Care is designated as the unit of state government primarily responsible for the inspection, regulation, and licensure of long-term care facilities and the regulation and licensure of long-term care facility administrators. (b) The office may promulgat…

(a) If upon inspection or investigation the Office of Long-Term Care determines that a licensed long-term care facility is in violation of any federal or state law, rule, or regulation pertaining to Title XIX Medicaid certification or licensure, the office shall promptly serve by…

(a) The Office of Long-Term Care shall promulgate rules specifying classified violations in accordance with this section. (b) The notice of violation issued to a long-term care facility by the Director of the Office of Long-Term Care shall be classified according to the nature of…

(a) (1) In the case of a Class A violation, the following civil penalties shall be assessed by the Director of the Office of Long-Term Care against the long-term care facility. In Class B, Class C, or Class D violations, the director, in his or her discretion, may assess the foll…

(a) When the Office of Long-Term Care's appropriate division, as determined by the Secretary of the Department of Human Services, finds, upon inspection and investigation, that any nursing home or residential care facility has committed two (2) violations constituting Class A or …

(a) (1) A licensee may contest an assessment of a civil penalty or any administrative remedy imposed by the Office of Long-Term Care by sending a written request for a hearing to the Secretary of the Department of Human Services.(2) Requests for hearings shall be received by the …

(a) (1) There is established on the books of the Treasurer of State, Auditor of State, and the Chief Fiscal Officer of the State a trust fund to be known as the “Long-Term Care Trust Fund”.(2) The fund shall consist of all moneys and interest received from the imposition of civil…

(a) Except in cases of civil or criminal litigation or as permitted in subsection (b) of this section, information received by the Office of Long-Term Care, through inspection or otherwise, shall not be disclosed publicly, in administrative appeals or otherwise, in such a manner …

(1) As used in this subchapter:(1) “Long-term care facility” means a nursing facility or a licensed level II assisted living facility;(2) “Medicaid” means the medical assistance program established under § 20-77-101 et seq.;(3) “Nursing facility” has the same meaning as in § 20-1…

(a) A long-term care facility shall notify the Office of Long-Term Care no later than the next business day of all admissions. (b) Notification shall be made in the manner prescribed by the office.

(a) The Arkansas Options Counseling for Long-Term Care Program is created within the Department of Human Services. (b) The program shall provide individuals or their representatives, or both, with long-term care consultations that shall include information about, at a minimum:(1)…

(1) Each individual in the following categories may be provided with an options counseling for long-term care consultation:(1) An individual admitted to a long-term care facility regardless of payment source;(2) A long-term care facility resident who applies for Medicaid; and(3) …

(a) An options counseling for long-term care consultation required under this subchapter may be provided at any time, including either before or after the individual who is the subject of a long-term care consultation has been admitted to a long-term care facility. (b) The inform…

(1) The Secretary of the Department of Human Services shall adopt rules necessary to implement and administer this subchapter, including without limitation:(1) Procedures for a long-term care facility to notify the Office of Long-Term Care of admissions; and(2) (A) Procedures by …

(a) After the first three (3) failures of a long-term care facility to complete the form required under § 20-10-2106 in any calendar year, the Department of Human Services shall assess a fee against the long-term care facility of twenty-five dollars ($25.00) for each failure beyo…

(a) Any applicant or licensee who is aggrieved by any decision of the Office of Long-Term Care with respect to the denial, suspension, or revocation of any long-term care facility license or long-term care facility administrator license or other final decision of the office with …

(1) As used in this section and §§ 20-10-214 — 20-10-228:(1) “Department” means the Department of Human Services;(2) “Director” means the Director of the Office of Long-Term Care;(3) “Federal act” means the Hospital Survey and Construction Act, Pub. L. No. 79-725, as amended;(4) …

(a) Any person, partnership, association, or corporation establishing, conducting, managing, or operating any institution or facility or any combination of separate entities working in concert within the meaning of §§ 20-10-213 — 20-10-228 without first obtaining a license theref…

The Department of Human Services may sue in the name of the state any person, partnership, association, or corporation in order to enjoin the establishing, conducting, managing, or operating of any institution or facility, or any combination of separate entities working in concer…