reglab/housing_qa huggingface dataset:
AR Code § 20-10-1901 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 10 - Long-Term Care Facilities and Services|Subchapter 19 - Dispute Resolution for Long-Term Care Facilities|§ 20-10-1901. Purpose

 (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 concerning deficiencies cited against long-term care facilities.  (b) It is the intent of the General Assembly to provide a process supplemental to formal appeal that is both fair and impartial to all parties to address disputes between long-term care facilities and the Office of Long-Term Care when a deficiency is cited against a long-term care facility.
AR Code § 20-10-1902 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 10 - Long-Term Care Facilities and Services|Subchapter 19 - Dispute Resolution for Long-Term Care Facilities|§ 20-10-1902. Definitions

 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 alphanumeric designation of a deficiency by the Office of Long-Term Care that denotes the applicable state or federal rule, regulation, or law allegedly violated and that is used on the statement of deficiencies;  (3)  (A) “Impartial decision maker” means an individual employed by a state agency to conduct an informal dispute resolution hearing for the agency.  (B) “Impartial decision maker” does not include an individual who is presently or has been within the previous twenty-four (24) months actively involved in any survey process under the Department of Human Services;    (4) “Informal dispute resolution” means a nonjudicial process or forum before an impartial decision maker that provides a long-term care facility cited for deficiency with the opportunity to dispute a citation for deficiency;  (5) “Long-term care facility” has the same meaning as under § 20-10-213;  (6) “Party” means a long-term care facility requesting an informal dispute resolution hearing or the office, or both;  (7) “State survey agency” means the Office of Long-Term Care, which is the federally designated state entity that performs Medicaid and Medicare surveys and inspections of Arkansas long-term care facilities; and  (8)  (A) “Statement of deficiencies” means a statement prepared by the office citing the applicable state or federal laws, rules, or regulations violated by a long-term care facility and the facts supporting the citation.  (B) A statement of deficiencies may also be referred to as a “2567”.
AR Code § 20-10-1903 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 10 - Long-Term Care Facilities and Services|Subchapter 19 - Dispute Resolution for Long-Term Care Facilities|§ 20-10-1903. Informal dispute resolution hearing

 (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 facilities.
AR Code § 20-10-1904 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 10 - Long-Term Care Facilities and Services|Subchapter 19 - Dispute Resolution for Long-Term Care Facilities|§ 20-10-1904. Impartial decision maker — Qualifications

 (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 department.  (2) Each person acting as an impartial decision maker shall be licensed by the State of Arkansas by their respective licensing agencies or boards.    (c) All impartial decision makers shall undergo and complete surveyor training arranged by the Office of Long-Term Care.
AR Code § 20-10-1905 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 10 - Long-Term Care Facilities and Services|Subchapter 19 - Dispute Resolution for Long-Term Care Facilities|§ 20-10-1905. Request for informal dispute resolution

 (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 list of all deficiencies that the long-term care facility wishes to challenge; and  (2) A statement indicating whether the long-term care facility wants the hearing to be conducted by telephone conference call, by record review of the impartial decision maker, or by a meeting in which the long-term care facility and the office appear before the impartial decision maker.
AR Code § 20-10-1908 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 10 - Long-Term Care Facilities and Services|Subchapter 19 - Dispute Resolution for Long-Term Care Facilities|§ 20-10-1908. Determination of impartial decision maker and Office of Long-Term Care

 (a)  (1) Upon the conclusion of all arguments by the parties, the impartial decision maker shall issue a written statement of findings that shall be entitled “Determinations”.  (2) The statement shall include:  (A) A recitation of the deficiency tag numbers;  (B) A statement of whether a disputed deficiency should remain, be removed, or be modified on the statement of deficiencies; and  (C) The facts and persuasive arguments that support the impartial decision maker's finding for each deficiency tag number.      (b)  (1) The determination of the impartial decision maker shall be provided to the parties.  (2)  (A) The Office of Long-Term Care shall review the determination and shall issue a written document entitled “State Survey Agency Determination”.  (B) The state survey agency determination shall state:  (i) Whether, for each disputed deficiency mentioned in the impartial decision maker's determination, the finding of the impartial decision maker is accepted, rejected, or accepted as modified by the state survey agency;  (ii) For each deficiency finding by the impartial decision maker that the office does not accept the finding of the impartial decision maker, a statement explaining the reasons that the finding was not accepted along with the facts, circumstances, or reasons for not accepting the finding; and  (iii) For each disputed deficiency finding of the impartial decision maker that the office accepts the finding with modification, a recitation of the modification and the reason or reasons for the modification.        (c) A state survey agency determination is not subject to appeal, reargument, or reconsideration.  (d) The office shall deliver a copy of the state survey agency determination to the long-term care facility and to the impartial decision maker.  (e)  (1) In accordance with the state survey agency determination, the office shall issue an amended state of deficiencies if the state survey agency determination results in modification to any deficiencies cited in the original statement of deficiencies.  (2) If the office determines that amendments to the statement of deficiencies should result in changes to the scope or severity assigned to any deficiency, the amended statement of deficiencies shall reflect the changes to the scope or severity of any cited deficiency.    (f) The amended statement of deficiencies shall be provided to the long-term care facility.
AR Code § 20-10-1909 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 10 - Long-Term Care Facilities and Services|Subchapter 19 - Dispute Resolution for Long-Term Care Facilities|§ 20-10-1909. Matters not subject to informal dispute resolution

 (a)  (1) The informal dispute resolution hearing is limited to deficiencies cited on a statement of deficiencies.  (2) No other issues may be addressed at an informal dispute resolution hearing, including, but not limited to:  (A) Scope and severity assessments of deficiencies unless the scope and severity assessments allege substandard quality of care or immediate jeopardy;  (B) Any remedies imposed;  (C) Any alleged failure of the survey team to comply with a requirement of the survey process;  (D) Any alleged inconsistency of the survey team in citing deficiencies among long-term care facilities; and  (E) Any alleged inadequacy or inaccuracy of the informal dispute resolution process.      (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 evidence related to or presented for the purpose of disputing the matter not subject to informal dispute resolution.  (c) The impartial decision maker may not include in the determination any matter not subject to informal dispute resolution.
AR Code § 20-10-1910 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 10 - Long-Term Care Facilities and Services|Subchapter 19 - Dispute Resolution for Long-Term Care Facilities|§ 20-10-1910. Effect of request for informal dispute resolution

 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.
AR Code § 20-10-2001 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 10 - Long-Term Care Facilities and Services|Subchapter 20 - Unlicensed Long-Term Care Facilities Act|§ 20-10-2001. Title

 This subchapter shall be known and may be cited as the “Unlicensed Long-Term Care Facilities Act”.
AR Code § 20-10-2002 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 10 - Long-Term Care Facilities and Services|Subchapter 20 - Unlicensed Long-Term Care Facilities Act|§ 20-10-2002. Purpose

 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.
AR Code § 20-10-2003 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 10 - Long-Term Care Facilities and Services|Subchapter 20 - Unlicensed Long-Term Care Facilities Act|§ 20-10-2003. Definitions

 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) [Repealed.]  (4) “Person” means an individual, partnership, association, corporation, or other entity;  (5) “Residential care facility” means the same as in § 20-10-101; and  (6) “Supervision” means that an assisted living facility or a residential care facility monitors the condition or status of the resident as related to medical or personal care while in the facility.
AR Code § 20-10-2004 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 10 - Long-Term Care Facilities and Services|Subchapter 20 - Unlicensed Long-Term Care Facilities Act|§ 20-10-2004. Licensure

 (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 Office of Long-Term Care if the facility:  (1) Houses more than three (3) individuals for a period exceeding twenty-four (24) hours;  (2) Provides meals or other congregate services; and  (3) Either:  (A) Provides supervision of residents; or  (B) Offers or provides assistance with activities of daily living, including, but not limited to:  (i) Eating;  (ii) Bathing;  (iii) Dressing;  (iv) Grooming;  (v) Ambulating;  (vi) Toileting; or  (vii) Taking medications.        (b) Facilities subject to the licensure requirement in subsection (a) of this section include those which:  (1) Provide services either directly or through contractual arrangements; or  (2)  (A) Facilitate contracting in the name of the residents.  (B) Apartment house managers referring residents to home health or other service agencies are not facilitating contracting within the meaning of this subdivision (b)(2).      (c) No facility may advertise or publicly represent that it provides assisted living or residential care or use other similar terms unless it is licensed under Arkansas law as an assisted living facility or residential care facility.
AR Code § 20-10-2005 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 10 - Long-Term Care Facilities and Services|Subchapter 20 - Unlicensed Long-Term Care Facilities Act|§ 20-10-2005. Existing unlicensed facilities

 (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 care facility that fails to become licensed on or before October 15, 2007, shall be subject to the provisions of § 20-10-2007.  (c)  (1) An assisted living facility or residential care facility shall be exempt from the state permit-of-approval process for purposes of this section if the facility obtains a license within the time provided in subsection (b) of this section.  (2) After the time provided in subsection (b) of this section, the facility shall comply with the permit-of-approval process and methodology in all other respects.    (d) The Office of Long-Term Care shall report to the Health Services Permit Agency when a facility has been licensed without a state permit of approval under this section.  (e) The agency shall take account of the new beds in its counting for need purposes under the permit-of-approval methodology.
AR Code § 20-10-2006 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 10 - Long-Term Care Facilities and Services|Subchapter 20 - Unlicensed Long-Term Care Facilities Act|§ 20-10-2006. Application

 (a) This subchapter shall not apply to situations in which persons in independent apartments receive home health services as with the Meals on Wheels program or other services by agencies such as the area agencies on aging but in which:  (1) Congregate services are not offered; and  (2) The situation is not advertised or publicly represented as assisted living, residential care, or a similar type of facility.    (b) As used in this section, “congregate services” does not include:  (1) Coordinating dining and social activities with a separately owned nonprofit senior citizen's center; or  (2) Arrangements of other types between area agencies on aging and government-subsidized housing projects existing on April 13, 2005.
AR Code § 20-10-2007 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 10 - Long-Term Care Facilities and Services|Subchapter 20 - Unlicensed Long-Term Care Facilities Act|§ 20-10-2007. Penalties and enforcement

 (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 facility's services without first having obtained a license is subject to penalties under this chapter for operating an unlicensed long-term care facility.  (b) The Department of Human Services shall have the same powers to enforce this subchapter as are authorized in § 20-10-215.  (c)  (1) The department may enter and inspect suspected unlicensed assisted living or residential care facilities, including any combination of separate entities working in concert within the meaning of § 20-10-215 without first having secured a warrant.  (2) If a facility denies or refuses the department entry or denies, refuses, or interferes with inspection by the department, the department may apply for and shall be granted an injunction in the name of the state to prohibit the facility from operating until the department is permitted to enter and inspect the facility.
AR Code § 20-10-2101 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 10 - Long-Term Care Facilities and Services|Subchapter 21 - Arkansas Options Counseling for Long-Term Care Program|§ 20-10-2101. Definitions

 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 § 20-10-1401;  (4) “Options counseling for long-term care” means the process of providing service under the Arkansas Options Counseling for Long-Term Care Program; and  (5) “Representative” means a family member, attorney, hospital social worker, or any other person chosen by an individual to act on behalf of the individual:  (A) Seeking a long-term care consultation; or  (B) Admitted to a long-term care facility January 1, 2008, or later.
AR Code § 20-10-2102 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 10 - Long-Term Care Facilities and Services|Subchapter 21 - Arkansas Options Counseling for Long-Term Care Program|§ 20-10-2102. Admissions

 (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.
AR Code § 20-10-2103 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 10 - Long-Term Care Facilities and Services|Subchapter 21 - Arkansas Options Counseling for Long-Term Care Program|§ 20-10-2103. Arkansas Options Counseling for Long-Term Care Program — Creation — Administration

 (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) Long-term care options and costs;  (2) An assessment of an individual's functional capabilities; and  (3) The conducting of all or part of a professional review, assessment, and determination of appropriate long-term care options.    (c) The program shall be administered by the department.
AR Code § 20-10-2104 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 10 - Long-Term Care Facilities and Services|Subchapter 21 - Arkansas Options Counseling for Long-Term Care Program|§ 20-10-2104. Eligibility

 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) An individual who requests a long-term care consultation.
AR Code § 20-10-2105 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 10 - Long-Term Care Facilities and Services|Subchapter 21 - Arkansas Options Counseling for Long-Term Care Program|§ 20-10-2105. Consultations — Timing — Content — Reporting

 (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 information provided through a long-term care consultation under this subchapter shall address all of the following:  (1) The availability of long-term care options that are open to the individual;  (2) Sources and methods of both public and private payment for long-term care services;  (3) Factors to consider when choosing among the available programs, services, and benefits; and  (4) Opportunities and methods for maximizing the independence and self-reliance of the individual, including support services provided by the individual's family, friends, and community.    (c) An individual's long-term care consultation may include an assessment of the individual's functional capabilities and may be provided concurrently with any assessment required by the Department of Human Services.  (d)  (1) At the conclusion of an individual's long-term care consultation, the department shall provide the individual or the individual's representative with a summary of options and resources available to meet the individual's needs.  (2) Even though the summary may specify that a source of long-term care other than care in a long-term care facility is appropriate and available, the individual is not required to seek an alternative source of long-term care and may be admitted to or continue to reside in a long-term care facility.
AR Code § 20-10-2106 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 10 - Long-Term Care Facilities and Services|Subchapter 21 - Arkansas Options Counseling for Long-Term Care Program|§ 20-10-2106. Rules

 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 which a person in a long-term care facility may decline options counseling for long-term care.  (B)  (i) These procedures shall include a form promulgated by the Department of Human Services for use by a long-term care facility.  (ii) The form shall be limited to one (1) page and shall:  (a) Be orally read to the resident or, if applicable, the resident's representative by long-term care facility staff except as provided in this subdivision (2)(B)(ii);  (b) List the date;  (c) State the name of the resident or, if applicable, the resident's representative;  (d) Contain checkboxes indicating that:  (1) The office was notified of the admission;  (2) The form was not read orally to the resident or resident's representative because the resident lacks decisional capacity and does not have a representative; and  (3) The resident or the resident's representative declined the options counseling for long-term care;    (e) Contain a statement and an acknowledgment that options counseling for long-term care is an optional program and may be declined by execution of the form;  (f) Be signed by the resident or, if applicable, the resident's representative; and  (g) Be retained by the long-term care facility in the resident's admission file for eighteen (18) months or until the next standard survey, whichever is longer.