reglab/housing_qa huggingface dataset:
AR Code § 20-10-1209 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 10 - Long-Term Care Facilities and Services|Subchapter 12 - Protection of Long-Term Care Facility Residents|§ 20-10-1209. Civil enforcement

 (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 the resident or his or her guardian or by the personal representative of the estate of a deceased resident.  (3) The action may be brought in any court of competent jurisdiction in the county in which the injury occurred or where the licensee is located to enforce such rights and to recover actual and punitive damages.  (4) The resident may seek to recover actual damages when there is a finding that an employee of the long-term care facility failed to do something which a reasonably careful person would do or did something which a reasonable person would not do under circumstances similar to those shown by the evidence in the case, which caused an injury due to an infringement or a deprivation of the resident's rights.  (5) No separate award of attorney's fees may be made by the court.    (b)  (1) A licensee shall not be liable for the medical negligence of any physician rendering care or treatment to the resident, except for the services of a medical director as required in this subchapter.  (2) Nothing in this subsection shall be construed to protect a licensee from liability for failure to provide a resident with appropriate observation, assessment, nursing diagnosis, planning, intervention, and evaluation of care by nursing staff.    (c) For the purpose of this section, punitive damages may be awarded for conduct which is willful, wanton, gross or flagrant, reckless, or consciously indifferent to the rights of the resident.  (d)  (1) A deprivation or infringement of rights under this subchapter does not itself create an additional cause of action.  (2) However, a deprivation or infringement of rights under this subchapter may be used as evidence of negligence.
AR Code § 20-10-1301 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 10 - Long-Term Care Facilities and Services|Subchapter 13 - Nursing Home Resident and Employee Immunization Act of 1999|§ 20-10-1301. Title

 This subchapter shall be known and may be cited as the “Nursing Home Resident and Employee Immunization Act of 1999”.
AR Code § 20-10-1302 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 10 - Long-Term Care Facilities and Services|Subchapter 13 - Nursing Home Resident and Employee Immunization Act of 1999|§ 20-10-1302. Purpose

 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 for Disease Control and Prevention recommends that individuals over the age of sixty-five (65) years have annual flu shots and a pneumococcal vaccine one (1) time;  (4) The Centers for Disease Control and Prevention further suggests that consent for immunization be acquired at the time of nursing home admission;  (5) Current utilization of the flu shots by nursing home residents is approximately fifty percent (50%);  (6) The elderly living in an institutional setting, where disease may be more readily transmitted, are less protected than those living in the community; and  (7) The pneumococcal vaccine utilization by nursing home residents is approximately thirty percent (30%).
AR Code § 20-10-1303 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 10 - Long-Term Care Facilities and Services|Subchapter 13 - Nursing Home Resident and Employee Immunization Act of 1999|§ 20-10-1303. Definitions

 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 contraindicated” means either that the influenza or pneumococcal vaccines should not be administered to an individual because of a condition that individual has that will be detrimental to the individual's health if the individual receives either of the vaccines;  (3)  (A) “Nursing home facilities” means facilities that include any building, structure, agency, institution, or place for the reception, accommodation, board, care, or treatment of two (2) or more individuals who because of physical or mental infirmity are unable to sufficiently or properly care for themselves and for which reception, accommodation, board, care, or treatment a charge is made.  (B) “Nursing home” shall not include the offices of private physicians and surgeons, residential healthcare facilities, hospitals, institutions operated by the United States Government, any other similar facility where individuals reside, or any facility which is conducted by and for those who rely exclusively upon treatment by prayer alone for healing in accordance with the tenets or practices of any recognized religious denomination; and    (4) “Report” means to maintain a current list or roster of vaccine status for residents and employees and by December 1 of each year to provide that list to the Office of Long-Term Care.
AR Code § 20-10-1304 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 10 - Long-Term Care Facilities and Services|Subchapter 13 - Nursing Home Resident and Employee Immunization Act of 1999|§ 20-10-1304. Implementation

 (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 Office of Long-Term Care shall be granted authority to enforce the rules.    (2) The board may also promulgate rules to provide for the immunization of other individuals and require other institutions and facilities to provide the immunizations provided for in this subchapter.    (b) Each nursing home facility in this state shall:  (1) Obtain consent from residents or their legal guardians upon admission to participate in all immunization programs that are conducted within the facility while that person is a resident of that facility, and not in violation of the resident's right to refuse treatment;  (2) As a condition of his or her employment, require each employee to participate in immunization programs conducted while he or she is employed at the facility, unless the employee meets the qualifications for exemptions as listed in § 20-10-1305; and  (3) Document and report annually immunizations against:  (A) Influenza virus for residents and full-time and part-time employees; and  (B) Pneumococcal disease for residents.      (c) Any nursing home facility which violates this subchapter shall be subject to suspension and revocation of its license.  (d)  (1) As provided in this subchapter, the Department of Health shall provide vaccines, supplies, and staff necessary for the immunizations of nursing home residents and employees that lack coverage for immunizations through Medicare, Medicaid, or other health insurance.  (2) However, during the outbreak of a pandemic disease, the department may enforce vaccine priorities necessary to limit the loss of life among citizens and to contain the spread of the disease.
AR Code § 20-10-1305 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 10 - Long-Term Care Facilities and Services|Subchapter 13 - Nursing Home Resident and Employee Immunization Act of 1999|§ 20-10-1305. Exemptions

 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 pneumococcal pneumonia vaccine if the vaccine is medically contraindicated as described in the product labeling approved by the United States Food and Drug Administration; and  (2) The provisions of this subchapter shall not apply if the resident or legal guardian objects on the grounds that the immunization conflicts with the religious tenets and practices of a recognized church or religious denomination of which the resident or guardian is an adherent or member.
AR Code § 20-10-1401 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 10 - Long-Term Care Facilities and Services|Subchapter 14 - Staffing Requirements for Nursing Facilities|§ 20-10-1401. Definitions

 As used in this subchapter:   (1) “Day shift” means the period of 7:00 a.m. to 3:00 p.m.;  (2)  (A) “Direct-care staff” means any nurse aide or licensed nurse who provides direct, hands-on care to nursing facility residents.  (B) “Direct-care staff” shall not include:  (i) Therapy personnel or personnel listed in § 20-10-1404; or  (ii) Medication assistive persons as defined in § 17-87-701;      (3) “Evening shift” means the period of 3:00 p.m. to 11:00 p.m.;  (4) “Midnight census” means the number of patients occupying nursing home beds in a nursing facility at midnight of each day;  (5) “Night shift” means the period of 11:00 p.m. to 7:00 a.m.;  (6) “Nurse aide” means any person who meets the requirements according to regulations adopted pursuant to 42 C.F.R. § 483.75(e), as it existed on January 1, 2005; and  (7)  (A) “Nursing facility” means any building, structure, agency, institution, or other place for the reception, accommodation, board, care, or treatment of more than three (3) unrelated individuals who, because of physical or mental infirmity, are unable to sufficiently or properly care for themselves, and for which reception, accommodation, board, care, and treatment a charge is made.  (B) However, “nursing facility” shall not include:  (i) The offices of private physicians and surgeons;  (ii) Residential care facilities;  (iii) Assisted living facilities;  (iv) Intermediate care facilities for individuals with developmental disabilities;  (v) Hospitals;  (vi) Institutions operated by the United States Government or licensed by the Division of Developmental Disabilities Services of the Department of Human Services; or  (vii) Any facility that is conducted by and for those who rely exclusively upon treatment by prayer alone for healing in accordance with the tenets or practices of any recognized religious denomination.
AR Code § 20-10-1402 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 10 - Long-Term Care Facilities and Services|Subchapter 14 - Staffing Requirements for Nursing Facilities|§ 20-10-1402. Staffing standards

 (a) The Department of Human Services shall not issue or renew a license of a nursing facility unless that facility employs the direct-care staff needed to provide continuous twenty-four-hour nursing care and service to meet the needs of each resident of the nursing facility and the staffing standards required by all state rules and federal regulations.  (b)  (1) Except for nursing facilities that the Office of Long-Term Care designates or certifies as Eden Alternative nursing facilities or Green House Project nursing facilities, the staffing standard required by this subchapter shall be the minimum number of direct-care staff required by nursing facilities and shall be adjusted upward to meet the care needs of residents.  (2)  (A) The office shall promulgate staffing standards for nursing facilities that the office designates or certifies as Eden Alternative nursing facilities or Green House Project nursing facilities.  (B) The department may develop a reimbursement methodology or amend the reimbursement methodology in existence as of July 31, 2007, to provide payment for staff that provides services or care to residents in the designated or certified Eden Alternative nursing facilities or Green House Project nursing facilities.      (c) If a facility varies shift hours from the shift hours listed in § 20-10-1401, the facility shall meet the staffing requirements for the shift listed in § 20-10-1403.
AR Code § 20-10-1404 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 10 - Long-Term Care Facilities and Services|Subchapter 14 - Staffing Requirements for Nursing Facilities|§ 20-10-1404. Director of nurses

 (a) In addition to the minimum direct-care staffing ratios in § 20-10-1403, each nursing facility shall employ a registered nurse to serve as director of nurses.  (b)  (1) The director shall be a full-time employee and shall be employed for no less than forty (40) hours per week.  (2) An additional registered nurse shall be employed for a minimum of sixteen (16) hours per week to ensure coverage seven (7) days a week.
AR Code § 20-10-1405 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 10 - Long-Term Care Facilities and Services|Subchapter 14 - Staffing Requirements for Nursing Facilities|§ 20-10-1405. Services provided

 (a) An employee designated as a member of the direct-care staff shall not be required to provide services such as food preparation, housekeeping, laundry, or maintenance services except as necessary to maintain a safe and sanitary environment.  (b) Persons employed to provide additional services such as food preparation, housekeeping, laundry, or maintenance services shall not be counted in determining the staffing ratios required by this subchapter unless the persons are qualified to serve as and specifically scheduled in a direct-care capacity.  (c) A person employed to provide additional services shall count toward the direct-care staffing ratios only for the time in which the facility can document that the person provides direct-care services.
AR Code § 20-10-1406 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 10 - Long-Term Care Facilities and Services|Subchapter 14 - Staffing Requirements for Nursing Facilities|§ 20-10-1406. Posting of personnel numbers

 (a)  (1) Each nursing facility shall post daily at the beginning of each shift in a prominent place within twenty feet (20') of the main entrance of the nursing facility and in a location that is readily accessible and visible to residents and visitors the number of direct-care staff on duty at each shift.  (2) The posting shall consist of a sign-in sheet signed by each staff member as the staff member reports to work, and the staff member shall indicate on the sheet the time of arrival and departure, all halls, wings, or corridors on which the staff member worked or was assigned, and the total number of hours worked.  (3) The title of the posting shall be printed in a type no smaller than 18-point type.  (4) Below the posting, the nursing facility shall post a diagram of the facility showing the location of each hall, wing, or corridor.    (b) The current number of residents shall be posted and filed with the staffing report for the same time period.  (c) These records shall be filed and saved by the nursing facility until the next survey or for eighteen (18) months, whichever is greater, and these records shall be available for review by any interested person upon a written request.
AR Code § 20-10-1407 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 10 - Long-Term Care Facilities and Services|Subchapter 14 - Staffing Requirements for Nursing Facilities|§ 20-10-1407. Report

 (a)  (1) By the fifth day of each month, each nursing facility shall submit a written report of all shifts which failed to meet the minimum staffing requirements of this subchapter during the preceding month to the Office of Long-Term Care.  (2) Upon determination by the office that a pattern of failure to comply with the provisions of this subchapter has occurred, the nursing facility shall submit to the office on a monthly basis a report stating the ratios of direct-care staff to residents for each shift, in addition to the requirements set forth in subdivision (a)(1) of this section.  (3) Each nursing facility also shall submit copies of all daily staffing logs for the same months for any reports required under subdivision (a)(1) or subsection (b) of this section.    (b) The failure of a direct-care staff member or members to sign the posted sign-in sheet in accordance with § 20-10-1406 shall not be considered a violation of the staff-resident ratios set forth in § 20-10-1403 if the facility has other documentation that the staff member or members provided direct-care services for the dates and times stated by the facility.  (c) The failure to meet the requirement regarding the posting of current staff-resident ratios set forth in § 20-10-1406 or the failure to provide staffing reports, logs, or other documentation directly related to minimum staffing standards to the office or the Division of Medical Services of the Department of Human Services is a Class C violation in accordance with § 20-10-205.  (d) “Pattern of failure” means that a facility did not meet the minimum staffing requirements of this subchapter for more than twenty percent (20%) of the total number of shifts for any one (1) month.  (e)  (1) The division may perform staffing audits, including random staffing audits, of nursing facilities to determine and ensure compliance with the requirements of this subchapter.  (2) Facilities shall provide staffing reports, logs, or other documentation upon request of the division.
AR Code § 20-10-1409 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 10 - Long-Term Care Facilities and Services|Subchapter 14 - Staffing Requirements for Nursing Facilities|§ 20-10-1409. Staffing standards — Definition

 (a) The staffing standards as set forth in § 20-10-1403 are to be construed as nursing facility staffing standards above the 1989 standards established by the Office of Long-Term Care.  (b)  (1) If the Secretary of the Department of Human Services determines that the reimbursement methodology or available funding is insufficient or unable to pay for the minimum staffing standards under § 20-10-1403, the office, by rule, may modify the requirements of § 20-10-1403 to ensure minimum staffing funds.  (2) If the Director of the Office of Long-Term Care determines that the minimum staffing standards under § 20-10-1403 or § 20-10-1404 have become insufficient at any time to ensure the health, safety, or welfare of nursing facility residents, by rule, the office may increase minimum staffing standards or otherwise promulgate rules to ensure the health, safety, or welfare of the nursing facility residents.    (c)  (1)  (A) If the Director of the Office of Long-Term Care determines that minimum staffing standards should be increased pursuant to subdivision (b)(2) of this section, the Director of the Office of Long-Term Care shall certify the determination and any proposed regulatory increases to minimum staffing standards to the Director of the Division of Medical Services, who shall notify the Secretary of the Department of Human Services and the Legislative Council of the determination and whether sufficient appropriated funds exist to fund the costs to be incurred by the proposed changes to the minimum staffing standards.  (B) As used in this subsection, “costs” means direct-care costs as defined in the Centers for Medicare & Medicaid Services Provider Reimbursement Manual as in effect January 12, 2001.    (2) In no event shall minimum staffing standards be increased unless sufficient appropriated funds exist to fund the costs to be incurred by the proposed increases to minimum staffing standards.
AR Code § 20-10-1410 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 10 - Long-Term Care Facilities and Services|Subchapter 14 - Staffing Requirements for Nursing Facilities|§ 20-10-1410. Cosmetology and barbering services

 (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) Routine personal hygiene and related daily care services that are provided to residents of nursing facilities and for which the fee is included in the monthly facility charges may be provided by direct-care staff who are trained, licensed, and certified through various state and federal regulatory agencies.  (B) With the exception of shampoos, conditioners, soaps, antiseptics, or similar items, routine personal hygiene and related daily care services shall not include the use of chemical or cosmetic preparations such as those used in permanent waving, bleaching, tinting, coloring, and dyeing.      (b)  (1) A direct-care staff member shall not be required to hold a license as a cosmetologist or barber in order to provide routine personal hygiene and related daily care services.  (2) Nursing facilities shall be exempt from the licensure requirements for cosmetological establishments under § 17-26-401 et seq.  (3) A relative of a resident of a nursing facility providing cosmetological services to a related resident of a nursing facility shall be exempt from the following:  (A) The licensure requirements for cosmetologists under § 17-26-303; and  (B) The registration requirements for barbers under § 17-20-301 et seq.
AR Code § 20-10-1501 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 10 - Long-Term Care Facilities and Services|Subchapter 15 - Alzheimer's Special Care Standards Act|§ 20-10-1501. Title

 This subchapter shall be known and may be cited as the “Alzheimer's Special Care Standards Act”.
AR Code § 20-10-1502 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 10 - Long-Term Care Facilities and Services|Subchapter 15 - Alzheimer's Special Care Standards Act|§ 20-10-1502. Legislative findings

 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 regarding the accuracy and authenticity of the claims; and  (3) The provisions of this subchapter are intended to require such facilities to actually provide the care that they claim to offer, to require records of the claims to be kept, and to require the appropriate state licensing agency to examine their performance and provide penalties as the agency deems appropriate.
AR Code § 20-10-1503 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 10 - Long-Term Care Facilities and Services|Subchapter 15 - Alzheimer's Special Care Standards Act|§ 20-10-1503. Applicability

 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 related dementia.