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PRIA provides educational policy intelligence and is not a source of investment, legal, or financial advice. Content is for informational purposes only.

Arkansas Statutes, Title 20

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Arkansas/Statutes

← All Arkansas coverage

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

2,725 sections·Filtered byTitle 20✕

Ark. Code Ann. § 20-10-1206 Right of entry and inspection
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(a) (1) The Department of Human Services and any duly designated officer or employee thereof or an ombudsman shall have the right to enter upon and into the premises of any long-term care facility at any time in order to determine the state of compliance with this subchapter and …
Ark. Code Ann. § 20-10-1207 Availability, distribution, and posting of reports and records
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(a) Within ten (10) days after the date of an annual inspection visit or within thirty (30) days after the date of any interim visit, the Office of Long-Term Care shall forward the results of all inspections of long-term care facilities to:(1) The ombudsman in whose county the in…
Ark. Code Ann. § 20-10-1208 Patient records — Penalties for alteration
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(a) Any person who fraudulently alters, defaces, or falsifies any medical or other long-term care facility record or causes or procures any of these offenses to be committed commits a Class A misdemeanor. (b) A conviction under this section is also grounds for restriction, suspen…
Ark. Code Ann. § 20-10-1209 Civil enforcement

Showing 351–400 of 2,725

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(a) (1) Any resident who is injured by a deprivation or infringement of his or her rights as specified in this subchapter may bring a cause of action under § 16-114-201 et seq., against any licensee responsible for the deprivation or infringement.(2) The action may be brought by …

Ark. Code Ann. § 20-10-1301 Title

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This subchapter shall be known and may be cited as the “Nursing Home Resident and Employee Immunization Act of 1999”.

Ark. Code Ann. § 20-10-1302 Purpose

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(1) It is recognized that:(1) The sixth leading cause of death in Arkansas is the combined diagnostic category of pneumonia and influenza;(2) Approximately ninety percent (90%) of the pneumonia and influenza deaths are in those over sixty-five (65) years of age;(3) The Centers fo…

Ark. Code Ann. § 20-10-1303 Definitions

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(1) As used in this subchapter:(1) “Document” means evidence from a person's physician or healthcare provider in written format indicating the date and place when the individual received the influenza virus vaccine and the pneumococcal pneumonia vaccine;(2) “Medically contraindic…

Ark. Code Ann. § 20-10-1304 Implementation

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(a) (1) (A) The State Board of Health may promulgate rules to provide for the immunization against the influenza virus and pneumococcal disease as provided for in this subchapter.(B) The Department of Human Services shall be granted authority to enforce the rules.(2) The board ma…

Ark. Code Ann. § 20-10-1305 Exemptions

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(1) All residents of nursing home facilities and all full-time and part-time employees of nursing home facilities shall be immunized according to this subchapter with the following exemptions:(1) No individual shall be required to receive either an influenza virus vaccine or a pn…

Ark. Code Ann. § 20-10-1401 Definitions

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(1) As used in this subchapter:(1) “Average Direct Care Hours Per Resident Day” means the total number of hours of direct care services provided by direct care staff in a month, divided by the number of calendar days in that month and the facility's average daily resident census …

Ark. Code Ann. § 20-10-1402 Staffing standards

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(a) As a condition of licensure by the Department of Human Services, a nursing facility, except a private pay-only nursing facility, shall:(1) (A) Be certified to participate in the federal Medicare program as a skilled nursing facility or in the Arkansas Medicaid Program as a nu…

Ark. Code Ann. § 20-10-1410 Cosmetology and barbering services

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(a) (1) Cosmetology and barbering services provided to residents of nursing facilities and for which a fee is charged that is separate from and additional to monthly facility charges shall be provided only by a licensed cosmetologist or registered barber, respectively.(2) (A) Rou…

Ark. Code Ann. § 20-10-1501 Title

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This subchapter shall be known and may be cited as the “Alzheimer's Special Care Standards Act”.

Ark. Code Ann. § 20-10-1502 Legislative findings

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(1) The General Assembly finds and declares that:(1) Certain long-term care facilities claim to provide special care units and services for persons who have Alzheimer's disease or related dementia;(2) It is in the public interest to provide for the protection of consumers regardi…

Ark. Code Ann. § 20-10-1503 Applicability

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For the purposes of this subchapter, a long-term care facility has an Alzheimer's special care unit if the long-term care facility advertises or otherwise holds itself out as having one (1) or more special units for residents with a diagnosis of probable Alzheimer's disease or re…

Ark. Code Ann. § 20-10-1504 Disclosure of treatment offered

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(a) (1) Any facility having an Alzheimer's special care unit shall be required to disclose the form of care or treatment provided to or for persons with a diagnosis of probable Alzheimer's disease or related dementia.(2) (A) The disclosure shall be made to the Office of Long-Term…

Ark. Code Ann. § 20-10-1505 Standards of care

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The Department of Human Services shall establish and promulgate minimum standards for the care and treatment of persons with Alzheimer's disease and other dementia in Alzheimer's special care units.

Ark. Code Ann. § 20-10-1601 Definitions

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(1) As used in this subchapter:(1) (A) “Gross receipts” means gross receipts paid as compensation for services provided to residents of nursing facilities, including, but not limited to, client participation.(B) “Gross receipts” does not mean charitable contributions;(2) “Medicai…

Ark. Code Ann. § 20-10-1602 Calculation of quality assurance fee

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(a) There is levied a quality assurance fee on nursing facilities to be calculated in accordance with subsection (b) of this section. (b) (1) The quality assurance fee shall be an amount determined each month by multiplying the patient days, as reported by each nursing facility f…

Ark. Code Ann. § 20-10-1603 Reporting and collection

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(a) On the tenth day of the first full month following March 9, 2001, and on the tenth day of each month thereafter, each nursing facility shall file a report with the Division of Medical Services listing the patient days for the preceding month. (b) The quality assurance fee sha…

Ark. Code Ann. § 20-10-1604 Administration

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(a) The administration of this subchapter shall be exercised by the Director of the Division of Medical Services and shall be subject to the provisions of the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (b) (1) In accordance with the Arkansas Administrative Procedu…

Ark. Code Ann. § 20-10-1606 Waiver for nursing facilities under life-care facility contracts

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(a) The Department of Human Services shall apply for a waiver of the uniform healthcare-related tax under 42 C.F.R. § 433.68, as in effect on January 1, 2007, to exempt each nursing facility that provides nursing care exclusively under contract with life-care facilities licensed …

Ark. Code Ann. § 20-10-1701 Title

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This subchapter shall be known as the “Arkansas Assisted Living Act”.

Ark. Code Ann. § 20-10-1702 Purpose and intent

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(a) The purpose of this subchapter is to:(1) Promote the availability of appropriate services for elderly persons and adults with disabilities in the least restrictive and most homelike environment;(2) Encourage the development of facilities that promote the dignity, individualit…

Ark. Code Ann. § 20-10-1703 Definitions

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(1) As used in this subchapter:(1) (A) “Assisted living facility” means any building or buildings, section or distinct part of a building, boarding home, home for the aged, or other residential facility, whether operated for profit or not, which undertakes through its ownership o…

Ark. Code Ann. § 20-10-1704 Assisted living program

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(a) The Department of Human Services shall establish an assisted living program for adults, including those who meet the medical necessity determination for nursing facility care. However, such individuals cannot have conditions that require twenty-four-hour nursing. (b) (1) The …

Ark. Code Ann. § 20-10-1705 Fees

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(a) The Department of Human Services may charge fees which shall be paid by assisted living facilities to cover administrative costs associated with licensing, inspection, and the regulation of assisted living facilities. (b) The department shall promulgate rules necessary for ch…

Ark. Code Ann. § 20-10-1706 Reimbursement

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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.

Ark. Code Ann. § 20-10-1707 Licensure

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(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 …

Ark. Code Ann. § 20-10-1708 Limited licensure option

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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.

Ark. Code Ann. § 20-10-1709 Permit of approval

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(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…

Ark. Code Ann. § 20-10-1801 Title

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

Ark. Code Ann. § 20-10-1802 Definitions

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(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)…

Ark. Code Ann. § 20-10-1803 Requirements

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(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…

Ark. Code Ann. § 20-10-1804 Penalties

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(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…

Ark. Code Ann. § 20-10-1901 Purpose

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(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…

Ark. Code Ann. § 20-10-1902 Definitions

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(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…

Ark. Code Ann. § 20-10-1903 Informal dispute resolution hearing

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(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…

Ark. Code Ann. § 20-10-1904 Impartial decision maker — Qualifications

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(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…

Ark. Code Ann. § 20-10-1905 Request for informal dispute resolution

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(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) …

Ark. Code Ann. § 20-10-1906 Scheduling informal dispute resolution hearings — Submission of documentary evidence

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(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…

Ark. Code Ann. § 20-10-1907 Informal dispute resolution hearing — Conduct

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(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…

Ark. Code Ann. § 20-10-1908 Determination of impartial decision maker and Office of Long-Term Care

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(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…

Ark. Code Ann. § 20-10-1909 Matters not subject to informal dispute resolution

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(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 …

Ark. Code Ann. § 20-10-1910 Effect of request for informal dispute resolution

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(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…

Ark. Code Ann. § 20-10-2001 Title

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

Ark. Code Ann. § 20-10-2002 Purpose

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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.

Ark. Code Ann. § 20-10-2003 Definitions

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(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…

Ark. Code Ann. § 20-10-2004 Licensure

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(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…

Ark. Code Ann. § 20-10-2005 Existing unlicensed facilities

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(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…