reglab/housing_qa huggingface dataset:
AR Code § 20-9-1202 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 9 - Health Facilities and Services Generally|Subchapter 12 - Health Facility Infection Disclosure Act of 2007|§ 20-9-1202. Definitions

 As used in this subchapter:   (1)  (A) “Health facility” means any of the following facilities:  (i) A hospital, outpatient surgery center, public health center, or recuperation center, as those facilities are defined in § 20-9-201; and  (ii) Any other facility determined to be a source of healthcare-associated infections and designated as such by the Department of Health.    (B) “Health facility” does not include:  (i) A physician's office unless the office is otherwise licensed as an outpatient surgery center; or  (ii) An establishment furnishing primarily domiciliary care;      (2) “Healthcare-associated infection” means a localized or systemic condition in a person that:  (A) Results from adverse reaction to the presence of an infectious agent or a toxin of an infectious agent; and  (B) Was not present or incubating in the person at the time of admission to the health facility; and    (3) “National Healthcare Safety Network” means the secure, internet-based surveillance system managed by the Division of Healthcare Quality Promotion at the Centers for Disease Control and Prevention created by the Centers for Disease Control and Prevention for accumulating, exchanging, and integrating relevant information on infectious adverse events associated with healthcare delivery.
AR Code § 20-9-1203 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 9 - Health Facilities and Services Generally|Subchapter 12 - Health Facility Infection Disclosure Act of 2007|§ 20-9-1203. Health facility reports

 (a) A health facility shall collect data on healthcare-associated infection rates for the following:  (1) Central line-associated bloodstream infections in an intensive care unit; and  (2) Other categories as provided under § 20-9-1204(e).    (b)  (1)  (A) A health facility may voluntarily submit quarterly reports to the Department of Health on the health facility's healthcare-associated infection rates.  (B)  (i) If a health facility elects to submit quarterly reports, the reports shall be submitted to the department:  (a) In a format prescribed by the department; and  (b) By April 30, July 31, October 31, and January 31 of each year.    (ii) Each quarterly report shall cover the immediately preceding calendar quarter.    (C) Data in the quarterly reports shall cover a period ending not earlier than one (1) month before the submission of the report.    (2) If the health facility is a division or subsidiary of another entity that owns or operates other health facilities, the quarterly report shall be for the specific division or subsidiary and not for the other entity.    (c)  (1) A health facility participating in the Centers for Medicare & Medicaid Services Hospital Inpatient Quality Reporting Program or its successor shall authorize the department to have access to the following information that the health facility submits to the National Healthcare Safety Network:  (A) The name of the health facility; and  (B) Any information submitted to the National Healthcare Safety Network in order to satisfy the requirements of the Centers for Medicare & Medicaid Services Hospital Inpatient Quality Reporting Program.    (2) The information contained in the National Healthcare Safety Network database and obtained by the department under this section may be used by the department for surveillance and prevention purposes only and shall not be used for regulatory purposes.
AR Code § 20-9-1205 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 9 - Health Facilities and Services Generally|Subchapter 12 - Health Facility Infection Disclosure Act of 2007|§ 20-9-1205. Reports regarding healthcare-associated infections

 (a)  (1)  (A) In consultation with the Advisory Committee on Healthcare Acquired Infections, the Department of Health shall submit annually a report summarizing the health facility quarterly reports required under this subchapter to the Chair of the House Committee on Public Health, Welfare, and Labor and the Chair of the Senate Committee on Public Health, Welfare, and Labor.  (B) No health-facility-identifiable data shall be included in the annual report, but aggregate statistical data may be included.    (2) The department shall publish the annual report on the department's website.  (3) The first annual report shall be submitted and published on or before January 1, 2010.    (b) The annual report prepared by the department under this subchapter regarding healthcare-associated infections shall be appropriately risk-adjusted.  (c) The annual report shall include an executive summary written in plain language that shall include without limitation:  (1) A discussion of findings, conclusions, and trends concerning the overall status of healthcare-associated infections in the state, including a comparison to previous years; and  (2) Policy recommendations of the department and the committee.    (d) The annual report shall be made available to any person upon request.  (e) No health facility report or department disclosure shall contain information identifying a patient, employee, or healthcare professional in connection with a specific infection incident.  (f) No annual report or other department disclosure shall contain information that identifies or could be used to identify a specific health facility.  (g)  (1) As part of the process of preparing the annual report, effective safeguards to protect against the dissemination of inconsistent, incomplete, invalid, inaccurate, or subjective health facility data shall be developed and implemented.  (2) These safeguards may include the exclusion of certain data or data from health facilities with a low volume of patients or procedures if the use of the data would skew the results reported.    (h) The department shall develop, with the assistance of the committee, a process of regular and confidential feedback for health facilities regarding the data collected so that each health facility's data will be available to that health facility for its quality improvement efforts.
AR Code § 20-9-1206 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 9 - Health Facilities and Services Generally|Subchapter 12 - Health Facility Infection Disclosure Act of 2007|§ 20-9-1206. Legislative intent — Privacy and confidentiality

 (a) It is the intent of the General Assembly that a patient's right of confidentiality shall not be violated in any manner under this subchapter.  (b) Social Security numbers and any other information that could be used to identify an individual patient shall not be released under this subchapter.  (c) Except for the annual report that shall be a public document available to any person upon request, any data and materials collected or compiled by a health facility or obtained by the Department of Health under this subchapter shall be exempt from discovery and disclosure to the same extent that records of and testimony before committees evaluating quality of medical or hospital care are exempt under § 16-46-105(a)(1) and shall not be admissible in any legal proceeding.  (d) Data collected and reported under this subchapter shall not be deemed to have established a standard of care for any purposes in a private civil litigation.
AR Code § 20-9-1207 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 9 - Health Facilities and Services Generally|Subchapter 12 - Health Facility Infection Disclosure Act of 2007|§ 20-9-1207. Rules

 The State Board of Health shall promulgate rules to implement this subchapter.
AR Code § 20-9-1208 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 9 - Health Facilities and Services Generally|Subchapter 12 - Health Facility Infection Disclosure Act of 2007|§ 20-9-1208. Funding

 This subchapter is contingent upon the appropriation and availability of funding necessary for the Department of Health to implement its provisions, and any requirements that actions be accomplished by a specific date shall be extended until the necessary funding is available.
AR Code § 20-9-1301 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 9 - Health Facilities and Services Generally|Subchapter 13 - Arkansas Peer Review Fairness Act|§ 20-9-1301. Title

 This subchapter shall be known and may be cited as the “Arkansas Peer Review Fairness Act”.
AR Code § 20-9-1302 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 9 - Health Facilities and Services Generally|Subchapter 13 - Arkansas Peer Review Fairness Act|§ 20-9-1302. Findings and intent

 (a) The General Assembly finds that:  (1) The peer review process is well established as an acceptable means of monitoring quality and improving care within an institution;  (2)  (A) The peer review process faces unique challenges in the hospital setting compared to other healthcare settings due to the interdependent relationship between the hospital and medical staff, which can impact professional review activities.  (B) Peer review that is not conducted fairly results in harm to both patients and physicians by limiting access to care and patient choice; and    (3) It is necessary to balance carefully the rights of patients who benefit by properly conducted peer review with the rights of those who may be harmed by improper peer review.    (b) The General Assembly intends that peer review be conducted fairly for the benefit of the citizens of the State of Arkansas.
AR Code § 20-9-1303 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 9 - Health Facilities and Services Generally|Subchapter 13 - Arkansas Peer Review Fairness Act|§ 20-9-1303. Definitions

 As used in this subchapter:   (1) “Adversely affect”, when used in reference to clinical privileges or medical staff membership, means deny, reduce, restrict, suspend, revoke, or fail to renew;  (2) “Conflict of interest” means a personal or financial interest that would lead an objective person to conclude that it would be difficult for the person in those circumstances to make a fair and impartial decision in a professional review activity with regard to a particular physician;  (3) “Hospital” means a healthcare facility licensed as a hospital by the Division of Health Facilities Services under § 20-9-213;  (4)  (A) “Investigation” means a process conducted by a professional review body to:  (i) Obtain and make a detailed examination of the facts related to an identified concern about a specific physician; and  (ii) Determine whether a professional review action should be requested or recommended.    (B) “Investigation” does not include the following:  (i) A preliminary review to obtain basic information related to a concern or complaint about a physician in order to determine whether an investigation should commence;  (ii) Routine quality assurance, case review, utilization review, and performance improvement activities that take place within a hospital; or  (iii) Collegial interventions, ongoing physician practice evaluations and focused physician practice evaluations, and other peer-to-peer performance improvement interventions that are not intended to, and do not, impact a physician's clinical privileges or hospital medical staff membership;      (5) “Medical staff” means the physicians who are approved and given privileges to provide health care to patients in the hospital;  (6) “Professional review action” means an action or recommendation of a professional review body that is taken or made in the conduct of professional review activity and that:  (A) Is based on an individual physician's competence or professional conduct that adversely affects or could adversely affect the health or welfare of a patient or patients; and  (B) Adversely affects or may adversely affect the medical staff membership or clinical privileges of the physician;    (7)  (A) “Professional review activity” means an activity with respect to an individual physician:  (i) To determine whether the physician may have clinical privileges at a hospital or membership on the hospital's medical staff;  (ii) To determine the scope or conditions of clinical privileges or medical staff membership; or  (iii) To change or modify such clinical privileges or medical staff membership.    (B) “Professional review activity” includes an investigation, as defined in this section; and    (8) “Professional review body” means a hospital, its governing body, or its medical staff when any of these bodies are conducting a professional review activity.
AR Code § 20-9-1304 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 9 - Health Facilities and Services Generally|Subchapter 13 - Arkansas Peer Review Fairness Act|§ 20-9-1304. Standards for professional review actions and professional review activities

 (a) Professional review activity shall be conducted and professional review actions shall be taken in compliance with the requirements of the Health Care Quality Improvement Act of 1986, 42 U.S.C. § 11101 et seq., and the additional requirements of this subchapter.  (b)  (1) If at any meeting or hearing held in the course of a professional review activity, an attorney is participating on behalf of a professional review body and the physician under review is present, then the physician under review shall be permitted to have the attorney of the physician present.  (2) Subdivision (b)(1) of this section does not:  (A) Entitle the attorney of the physician to appear at any meeting or hearing where an attorney participating on behalf of the peer review body is not present, except as provided in § 20-9-1310;  (B) Prohibit confidential attorney-client communications by any party; or  (C) Prohibit a professional review body from meeting in private with its attorney.      (c) The General Assembly encourages:  (1) Professional review bodies to use separate legal counsel from the legal counsel used by the hospital; and  (2) Medical staff to obtain independent legal counsel to review medical staff bylaws to ensure that the bylaws contain provisions that comply with this subchapter.    (d)  (1) A physician engaged in professional review activities shall exercise unbiased, independent, and professional judgment when evaluating another physician.  (2) A hospital shall not take action against or otherwise retaliate against a physician for exercising unbiased, independent, and professional judgment when evaluating another physician during the course of a professional review activity.
AR Code § 20-9-1306 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 9 - Health Facilities and Services Generally|Subchapter 13 - Arkansas Peer Review Fairness Act|§ 20-9-1306. Suspensions

 (a) If failure to take a professional review action may result in an imminent danger to the health of any individual, the hospital may immediately suspend or restrict the medical staff membership or clinical privileges of a physician.  (b) If an action is taken under subsection (a) of this section, then the hospital shall follow all the other provisions of this subchapter as soon as practicable following the suspension or restriction.  (c) In the case of a suspension or restriction of clinical privileges, for a period of not longer than fourteen (14) days, during which an investigation is being conducted to determine the need for a professional review action:  (1) No hearing is required to be held regarding the suspension;  (2) The parties shall comply with § 20-9-1309 and all other applicable provisions of this subchapter; and  (3) The physician shall be given the opportunity to discuss the case with the individual or individuals conducting the investigation during the fourteen (14) days before any recommendation or decision is made about continuing the suspension or restriction.
AR Code § 20-9-1308 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 9 - Health Facilities and Services Generally|Subchapter 13 - Arkansas Peer Review Fairness Act|§ 20-9-1308. Relationship to other laws and regulations

 (a)  (1) Except as provided in subsection (b) of this section, professional review activities are within the categories of records and proceedings that are exempt from discovery and disclosure under state law, including without limitation § 16-46-105(a)(1) and § 20-9-503.  (2) This subchapter does not affect the admissibility in evidence in any action or proceeding of the medical records of any patient.    (b) This subchapter does not:  (1) Abrogate the immunity provisions of the Health Care Quality Improvement Act of 1986, 42 U.S.C. § 11101 et seq., or the confidentiality or immunity provisions of § 16-46-105, § 17-1-102, or § 20-9-501 et seq.; or  (2) Prevent discovery and admissibility of evidence from the professional review activities if the legal action is brought by a physician who has been subjected to the professional review activity or action.
AR Code § 20-9-1309 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 9 - Health Facilities and Services Generally|Subchapter 13 - Arkansas Peer Review Fairness Act|§ 20-9-1309. Standards for investigations

 (a) A physician shall be informed in writing within five (5) business days of the date that the physician becomes a subject of an investigation.  (b) Before a professional review body makes a recommendation as a result of an investigation, the physician under review shall be given an opportunity to have a meeting with the professional review body to discuss the matter without the presence of attorneys.  (c)  (1)  (A) If the professional review body decides to use an external review during the investigation, physicians serving on the professional review body that is conducting the investigation are responsible for selecting any external reviewers and the method of selecting cases for review.  (B) However, the physicians serving on the professional review body may seek input regarding the selection described under subdivision (c)(1)(A) of this section from the physician under review or other individuals.    (2) The physician under review shall be included on any substantive communications by any party with the external reviewers selected under subdivision (c)(1)(A) of this section.    (d) At the conclusion of the investigation, the physician under review shall be informed of the determination of the professional review body.
AR Code § 20-9-1311 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 9 - Health Facilities and Services Generally|Subchapter 13 - Arkansas Peer Review Fairness Act|§ 20-9-1311. Nonwaivable

 (a) Unless part of a mutually agreed upon mediation or settlement, a provision in an agreement, policy, procedure, or contract, including bylaws, that purports to waive any provision of this subchapter is void.  (b) However, the time periods for compliance with procedural requirements may be waived by mutual consent of the parties on a case-by-case basis.
AR Code § 20-9-1312 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 9 - Health Facilities and Services Generally|Subchapter 13 - Arkansas Peer Review Fairness Act|§ 20-9-1312. Applicability

 On and after August 1, 2017, this subchapter shall apply to any investigation or professional review activity at any stage.
AR Code § 20-9-1313 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 9 - Health Facilities and Services Generally|Subchapter 13 - Arkansas Peer Review Fairness Act|§ 20-9-1313. Remedy

 (a) Within sixty (60) days of a final decision that adversely affects a physician, a physician may file a petition to remedy a violation of this subchapter by filing the petition in:  (1) The circuit court of the county in which the professional review activity occurred; or  (2) The circuit court of an adjoining county.    (b)  (1) After receiving a petition, the court shall review the record of the professional review activities and professional review action.  (2) The record shall consist of:  (A) The transcripts and minutes of any meetings or hearings;  (B) Correspondence;  (C) Internal and external reviews; and  (D) All other relevant information pertaining to the matter before the professional review body.    (3) The hospital shall transmit the record, but the court may require or permit subsequent corrections or additions to the record.  (4) The review conducted by the court shall be confined to the record, except upon a showing of good cause to go beyond the record.  (5) The court may hear, upon request, oral arguments and receive written briefs.  (6) Absent a showing of bad faith, a member of the medical staff who participated in the professional review activity shall not be compelled to testify in court under this subsection.    (c) Except as provided in subsection (e) of this section, the court may order any relief within the purview of the circuit court to remedy the violation of this subchapter.  (d)  (1) If a physician prevails under this section, the physician shall be entitled to reasonable attorney's fees, costs, and expenses as determined by the court.  (2) A defendant who prevails shall be entitled to reasonable attorney's fees, costs, and expenses as determined by the court to the extent permitted under the Health Care Quality Improvement Act of 1986, 42 U.S.C. § 11113, as existing on January 1, 2017.    (e) Except as expressly permitted by state law or federal law, a professional review body or its members, agents, or employees are not liable for civil damages as a result of making a decision or recommendation in good faith in connection with a professional review activity or professional review action or furnishing any records, information, or assistance in good faith to a professional review body in connection with a professional review activity.  (f)  (1) The remedies provided for in this section do not supplant any other remedy available under law to a physician.  (2) If a physician has more than one (1) cause of action, all causes of action may be joined in the same pleading.