Title 20, Public Health and Welfare

(a) A healthcare professional shall not perform a pelvic examination on an unconscious or anesthetized patient unless:(1) The healthcare professional obtains written consent from the patient or the patient's representative before performing the pelvic examination;(2) A court orde…

The agency administering the Medicare program in Arkansas shall establish reasonable charges on a single statewide basis according to field of practice. The reasonable charges shall be based on uniform prevailing limits for all physicians throughout the state for the same or simi…

(a) Physicians and others appointed to hospital utilization review committees for the purpose of determining questions relating to the hospitalization of Medicare patients under the Health Insurance for the Aged and Disabled Act, 42 U.S.C. § 1395 et seq., shall be immune from lia…

(a) The availability of scientific knowledge, skills, and materials for the transplantation, injection, transfusion, or transfer of human tissue, organs, blood, and components thereof is important to the health and welfare of the people of this state. (b) The imposition of legal …

No physician, surgeon, hospital, blood bank, tissue bank, or other person or entity who donates, obtains, prepares, transplants, injects, transfuses, or otherwise transfers or who assists or participates in obtaining, preparing, transplanting, injecting, transfusing, or transferr…

(1) The purpose of this subchapter is to:(1) Promote the delivery of quality health care in a cost-effective manner;(2) Foster greater coordination between payors and providers conducting utilization review activities;(3) Protect patients, business, and providers by ensuring that…

(1) As used in this subchapter:(1) “Certificate” means a certificate of registration granted by the State Board of Health to a private review agent;(2) (A) “Private review agent” means a nonhospital-affiliated person or entity performing utilization review on behalf of:(i) An emp…

A private review agent who approves or denies payment or who recommends approval or denial of payment for hospital or medical services or whose review results in approval or denial of payment for hospital or medical services on a case-by-case basis may not conduct utilization rev…

(a) The State Board of Health may waive the requirements of this subchapter for the activities of a private review agent in connection with a contract with the United States Government for utilization review of patients eligible for hospital and medical services under the Social …

(a) A person who violates any provision of this subchapter or any rule adopted under this subchapter shall be guilty of a violation and upon conviction shall be subject to a penalty not exceeding one thousand dollars ($1,000). (b) Each day that a violation is continued after the …

(a) (1) In accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., the State Board of Health shall adopt rules to implement this subchapter.(2) Rules governing utilization review plans under this subchapter shall impose no greater requirements than those r…

(a) (1) Every health insurance plan proposing to issue or deliver a health insurance policy or contract or administer a health benefit program which provides for the coverage of hospital and medical benefits and the utilization review of those benefits shall:(A) Have a certificat…

(a) An applicant for a certificate shall:(1) Submit an application to the State Board of Health; and(2) Pay to the board the application fee established by the board by rule. (1) Submit an application to the State Board of Health; and (2) Pay to the board the application fee esta…

(1) In conjunction with the application, the private review agent shall submit information that the State Board of Health requires, including:(1) A utilization review plan that includes:(A) A description of review standards and procedures to be used in evaluating proposed or deli…

(a) A certificate expires on the second anniversary of its effective date unless the certificate is renewed for a two-year term as provided in this section. (b) Before the certificate expires, a certificate may be renewed for an additional two-year term if the applicant:(1) Other…

(a) The State Board of Health may revoke or deny a certificate if the holder does not comply with performance assurances under this section, violates any provision of this subchapter, or violates any rule adopted pursuant to this subchapter. (b) The board shall deny a certificate…

(a) (1) Before denying or revoking a certificate under this subchapter, the State Board of Health shall provide the applicant or certificate holder with reasonable time to supply additional information demonstrating compliance with the requirements of this subchapter and the oppo…

A private review agent may not disclose or publish individual medical records or any other confidential medical information obtained in the performance of utilization review activities without the appropriate procedures for protecting the patient's confidentiality. However, nothi…

Nothing in this subchapter shall be deemed to reduce or expand the liability of any person or entity for any actions or activities with respect to utilization review.

This subchapter may be known as the “Omnibus Long-Term Care Reform Act of 1988”.

It is the intent of the General Assembly to provide protection for those citizens residing in long-term care facilities to assure the residents the highest quality of life while protecting their health and welfare.

(a) A long-term care facility shall protect and promote the rights, benefits, or privileges guaranteed by law, the United States Constitution, and the Arkansas Constitution for all residents. (b) The Department of Human Services shall promulgate through rules a residents' bill of…

(a) The Department of Human Services may prohibit new admissions to a long-term care facility not in compliance due to a Class A violation until the department determines the facility is in substantial compliance. (b) If the department determines to prohibit admissions to a facil…

(a) The Department of Human Services shall prescribe through rule the procedure for transfer or discharge of residents to be followed by long-term care facilities. The procedure shall include:(1) Provisions for a written notice to be furnished to the resident, sponsor, and other …

(a) The Department of Human Services shall prescribe through rule the establishment of a residents' council within each long-term care facility. The residents' council's duties shall include without limitation:(1) Review of procedures of the facility for implementation of residen…

(a) No long-term care facility owner, administrator, employee, or other representative shall discriminate, retaliate, or seek reprisal in any manner against a resident or employee of a long-term care facility who has initiated or participated in any proceeding provided in this su…

All moneys received from the imposition of civil penalties levied by the state on long-term care facilities found to be out of compliance with the requirements of this subchapter shall be deposited into the Long-Term Care Trust Fund for uses as prescribed in § 20-10-209.

For a fourteen-day period beginning on the date of entry into a long-term care facility, the resident shall have the right to rescind any contractual obligation into which he or she has entered and receive a full refund of any moneys transferred to the facility. If the resident e…

(1) As used in this chapter:(1) “Administrative remedy” means temporary management, denial of payment for all new admissions, transfer of residents, termination or suspension of license, termination of provider agreement, directed plan of correction, directed in-service training,…

(a) For residents suffering from a terminal condition as defined in § 20-17-201, facilities may withhold nutrition or hydration, or both, only pursuant to:(1) The directive or with the consent of the resident;(2) A validly executed declaration as defined in § 20-17-201; or(3) The…

(a) No certificate of need or permit shall be required under any law in connection with facilities offering head injury retraining and rehabilitation. (b) Post-acute head injury residential facilities shall not be eligible to receive any state Medicare or Medicaid moneys.

(a) Except as provided in subsection (d) or subsection (e) of this section, a resident of a long-term care facility in this state shall not be photographed without obtaining prior written consent from the resident or, in cases of incapacity, from the guardian or legal representat…

(a) Any facility that meets the definition of a residential care facility as defined by the Department of Human Services that has not been licensed or certified by the appropriate state agency or has not received a permit of approval from the Health Services Permit Agency shall n…

(a) The maximum income eligibility for participation in state funding for nursing home alternatives shall be established at two hundred percent (200%) of the Supplemental Security Income level as provided by law. (b) This section shall in no way affect the Medicaid program or the…

(a) As used in this section, “long-term care facility” means “long-term care facility” as defined by § 20-10-213. (b) (1) Within twenty-four (24) hours after the incident requiring notification occurs, a long-term care facility shall notify, if known, the resident's guardian or o…

(a) Persons responsible for the direction of food services in long-term care facilities having more than fifty (50) beds, at a minimum, shall be:(1) Certified as a certified dietary manager or food service supervisor; or(2) Enrolled in a food service supervisor's course approved …

(a) The General Assembly finds that:(1) Residents in Arkansas' long-term care facilities are particularly vulnerable to the theft or illegal diversion of personal funds designated as residents' share of cost under the Arkansas Medicaid Program;(2) The theft or illegal diversion o…

(a) As used in this section:(1) “Agent” means a person who manages, uses, controls, or otherwise has legal access to a resident's income or resources that legally may be used to pay a resident's share of cost or other charges not paid by the Arkansas Medicaid Program;(2) “Long-te…

(a) Each residential care and assisted living facility shall provide each prospective resident or prospective resident's representative with a comprehensive consumer disclosure statement before the prospective resident signs an admission agreement. (b) The disclosure statement sh…

(a) Except as otherwise provided in this section, the results of a survey, inspection, or investigation of a long-term care facility conducted by any state or federal department or agency, including any statement of deficiencies, all findings and deficiencies cited in a statement…

(a) This section shall be known and may be cited as the “Fair Reimbursement and Assisted Living Cost Reporting Act of 2023”. (b) The Department of Human Services shall annually report to:(1) The House Committee on Public Health, Welfare, and Labor;(2) The Senate Committee on Publ…

(1) The purpose of this subchapter is to provide for the development, establishment, and enforcement of basic standards for:(1) The health, care, and treatment of persons in long-term care facilities; and(2) The construction, maintenance, and operation of these facilities which w…

(1) As used in this subchapter:(1) “Administrator” means a person who administers, manages, supervises, or is in general administrative charge of a long-term care facility;(2) “Bed reservation policy” means the number of consecutive days and the number of days per year that a res…

(1) Every licensed facility shall comply with all applicable standards and rules of the Office of Long-Term Care and shall:(1) Be under the administrative direction and charge of a licensed administrator;(2) Have available the regular, consultative, and emergency services of phys…

(a) All long-term care facilities shall adopt and make public a statement of the rights and responsibilities of the residents of the facilities and shall treat the residents in accordance with the provisions of that statement. The statement shall assure each resident of the follo…

(a) (1) The admission of a resident to a long-term care facility and his or her presence in the facility shall not confer on the facility or its owner, administrator, employees, or representatives any authority to manage, use, or dispose of any property of the resident, nor shall…