Title 20, Public Health and Welfare

(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…

(a) In carrying out §§ 20-10-213 — 20-10-228, the Department of Human Services is empowered and directed to:(1) Require such reports, make such inspections and investigations, and prescribe and enforce such reasonable rules as it finds necessary to effectuate §§ 20-10-213 — 20-10…

(a) The Department of Human Services is empowered and directed to make an inventory of existing medical facilities including public, nonprofit, and proprietary medical facilities, survey the need for construction of medical facilities, and, on the basis of the inventory and surve…

(a) The Department of Human Services may make application to the United States Surgeon General for, and receive, federal funds to assist in carrying out the survey and planning activities provided for in § 20-10-217. (b) The funds shall be deposited with the Treasurer of State as…

(a) (1) The Department of Human Services shall prepare and submit to the United States Surgeon General a state plan which shall include the medical facilities construction program developed as provided in this subchapter. The plan shall provide for the establishment, administrati…

(a) Applications for medical facilities construction projects for which federal funds are requested shall be submitted to the Department of Human Services and may be submitted by the state or any political subdivision thereof or by any public or other nonprofit agency authorized …

(a) The purpose of the quality assurance committee in a long-term care facility is to evaluate and improve the quality of health care rendered to residents of the facility. (b) The General Assembly finds that:(1) Confidentiality of committee proceedings and records is key to impr…

(a) This subchapter applies to long-term care facilities as those entities are defined in § 20-10-101. (b) This subchapter does not expand, limit, or constrict any other privilege, particularly a privilege under § 16-46-105, § 20-9-502, or § 20-9-503.

(a) A cause of action for damages or monetary liability shall not arise against a member of the quality assurance committee for an act or proceeding undertaken or performed within the scope of the functions of the quality assurance committee if the committee member acts without m…

(a) (1) A long-term care facility may appoint members to serve as a duly appointed quality assurance committee in which individuals from various disciplines meet as a committee to:(A) Ensure that current practice standards are maintained;(B) Prevent deviations from care practices…

Upon a request of a quality assurance committee reviewing care provided in a long-term care facility, a physician, administrator, nurse, certified nurse's aide, nurse's aide-in-training, or other individual engaged in work in or about the long-term care facility and having inform…

The Department of Human Services shall cause to be inspected each construction project approved by the United States Surgeon General. If the inspection warrants, the department shall certify to the United States Surgeon General that work has been performed upon the project or tha…

(a) The Department of Human Services is empowered to receive federal funds in behalf of and transmit them to such applicants. (b) Money received from the United States Government for a construction project shall be deposited with the Treasurer of State as a trust fund. The fund s…

(a) The Department of Human Services shall require institutions which receive federal aid for construction under the state plan to comply with such minimum standards prescribed by the department as may be promulgated in accordance with the federal act and federal rules and regula…

(a) A long-term care facility or related institution shall not be established, conducted, or maintained in this state without obtaining a license. (b) (1) By properly promulgating rules, the Department of Human Services may provide for the issuance of provisional long-term care f…

(a) The Department of Human Services shall prescribe by rule that any licensee or applicant desiring to make specified types of alterations or additions to its facilities or to construct new facilities shall, before commencing such alterations, additions, or new construction, sub…

The Department of Human Services shall make such inspections as it may prescribe by rule.

The Department of Human Services shall make an annual report of its activities and operations under §§ 20-10-213 — 20-10-228 to the Governor and shall make such information available to the General Assembly as may be requested.

(a) Except in a proceeding involving the question of licensing or revocation of a license or as permitted in § 20-10-210(b), information received by the Department of Human Services, through inspection or otherwise, authorized under §§ 20-10-213 — 20-10-228, shall not be disclose…

(a) Any person, corporation, partnership, or facility seeking a license or renewal to provide long-term care in this state shall furnish a current annual disclosure statement to all residents upon request or to all prospective residents upon request. (b) The statement shall be fi…

Each facility shall file the completed annual disclosure statement along with its annual license application by March 1 of each year and file a copy of the disclosure statement with the Department of Human Services county office in the county in which the facility is located.

(a) The General Assembly recognizes that in order to provide for appropriate health care for all Arkansans:(1) Personal care service providers are a vital component in the recovery from an illness or an injury;(2) Sufficient personal care service providers should be available to …

(1) As used in this subchapter, “private care agency” means a provider that is licensed by the Department of Health as a private care agency and that:(1) Furnishes in-home staffing services for personal and attendant care services for which the provider seeks reimbursement throug…

The Division of Medical Services shall take such action as required by the Centers for Medicare & Medicaid Services to amend the Arkansas Medicaid Manual to include private care agencies that provide personal care services twenty-four (24) hours a day and seven (7) days a week as…

(a) The State Board of Health shall promulgate rules necessary to implement this subchapter. (b) To be eligible for reimbursement under this subchapter, the private care agency shall provide personal care services that comply with rules promulgated by the board. (c) The board sha…

The failure to provide to any resident a copy of the disclosure statement upon request or to a prospective resident upon request or the failure of any facility to disclose the required information in a timely manner or the failure to file the disclosure statement as required shal…

(a) The Office of Long-Term Care shall promulgate and maintain pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., separate rules, client rights, and sanctions for intermediate care facilities for individuals with developmental disabilities operations and …

(1) As used in this subchapter:(1) “Cost report” means all the cost-reporting forms, schedules, filing certifications, compilation reports, attachments, and supplemental information specified by the instructions of the Department of Human Services; and(2) “Room and board” means a…