reglab/housing_qa huggingface dataset:
AR Code § 20-10-204 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 10 - Long-Term Care Facilities and Services|Subchapter 2 - Office of Long-Term Care|§ 20-10-204. Notice of violation

 (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 certified mail or other means that gives actual notice, a notice of violation upon the licensee when the violation is a classified violation as described in § 20-10-205.  (b) Each notice of violation shall:  (1) Be prepared in writing;  (2) Specify the:  (A) Exact nature of the classified violation;  (B) Statutory provision or specific rule alleged to have been violated;  (C) Facts and grounds constituting the elements of the classified violation; and  (D) Amount of civil penalty or other administrative remedy, if any, imposed by the Secretary of the Department of Human Services; and    (3)  (A) Inform the licensee of the right to a hearing under § 20-10-208 when administrative remedies or civil penalties are imposed.  (B) Any hearing conducted under this chapter shall conform to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., and rules of the Department of Human Services promulgated under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
AR Code § 20-10-205 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 10 - Long-Term Care Facilities and Services|Subchapter 2 - Office of Long-Term Care|§ 20-10-205. Classification of violations

 (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 the violation and shall indicate the classification on the face of the notice as follows:  (1) Class A violations create a condition or occurrence relating to the operation and maintenance of a long-term care facility resulting in death or serious physical harm to a resident or creating a substantial probability that death or serious physical harm to a resident will result therefrom;  (2) Class B violations create a condition or occurrence relating to the operation and maintenance of a long-term care facility which directly threatens the health, safety, or welfare of a resident;  (3) Class C violations shall relate to administrative and reporting requirements that do not directly threaten the health, safety, or welfare of a resident; and  (4)  (A) Class D violations shall relate to the timely submission of statistical and financial reports to the office.  (B) The failure to timely submit a statistical or financial report shall be considered a separate Class D violation during any month or part of a month of noncompliance.  (C) In addition to any civil penalty which may be imposed, the director is authorized, after the first month of a Class D violation, to withhold any further reimbursement to the long-term care facility until the statistical and financial report is received by the office.
AR Code § 20-10-209 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 10 - Long-Term Care Facilities and Services|Subchapter 2 - Office of Long-Term Care|§ 20-10-209. Disposition of funds

 (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 penalties levied by the state on long-term care facilities found to be out of compliance with the requirements of federal or state law, rules, or regulations, there to be administered by the Secretary of the Department of Human Services solely for the protection of the health or property of residents of long-term care facilities, including, but not limited to, the payment for the costs of relocation of residents to other facilities, maintenance and operation of a facility pending correction of deficiencies or closure, and reimbursement of residents for personal funds lost.    (b) Funds from the Long-Term Care Trust Fund may also be administered by the secretary for programs or uses that, in the determination of the Director of the Office of Long-Term Care, enhance the quality of life for long-term care facility residents through the adoption of principles and building designs established by the Eden Alternative, Inc. or Green House Project programs or other means.
AR Code § 20-10-210 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 10 - Long-Term Care Facilities and Services|Subchapter 2 - Office of Long-Term Care|§ 20-10-210. Information received by Office of Long-Term Care confidential

 (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 as to identify long-term care facility residents, their families, or persons filing complaints against a long-term care facility.  (b) Information received or generated by the office, including surveyors' notes, documents, photographs, or other materials gathered, generated, or used by the surveyors in their survey or investigation of a founded complaint, shall be made available to the long-term care facility that is the subject of the survey or investigation upon the completion of the investigation or survey. However, no information that reveals the identity or tends to reveal the identity of any complainant may be disclosed.
AR Code § 20-10-211 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 10 - Long-Term Care Facilities and Services|Subchapter 2 - Office of Long-Term Care|§ 20-10-211. Facilities — Regulation of staffing

 (a) The agency responsible for licensure and certification of long-term care facilities shall promulgate appropriate rules prescribing minimum staffing requirements for all long-term care facilities in the state. The agency shall conform to the requirements of the Arkansas Administrative Procedure Act, § 25-15-201 et seq., and other appropriate state laws in promulgating and placing rules into effect.  (b) Failure to comply with the rules promulgated by the appropriate agency pursuant to subsection (a) of this section shall be cause for revocation or suspension of the license or certification of any long-term care facility.  (c)  (1) This section shall apply only to licensed nursing homes.  (2) This section shall not be applicable to any facility of the Division of Developmental Disabilities Services or to any other facility operated by the State of Arkansas or any agency of the state.
AR Code § 20-10-212 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 10 - Long-Term Care Facilities and Services|Subchapter 2 - Office of Long-Term Care|§ 20-10-212. Appeal from denial, suspension, or revocation of license

 (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 respect to standards of construction, operation, or maintenance of long-term care facilities or long-term care facility personnel or employees may appeal within thirty (30) days the decision of the office to the Pulaski County Circuit Court or to the circuit court of any county in which the applicant or licensee resides or does business.  (b) Pending determination of the matter on appeal, the status quo of the applicant or licensee shall be preserved.
AR Code § 20-10-213 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 10 - Long-Term Care Facilities and Services|Subchapter 2 - Office of Long-Term Care|§ 20-10-213. Definitions for §§ 20-10-213 — 20-10-228

 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)  (i) “Institution” means a place for the diagnosis, treatment, or care of two (2) or more persons not related to the proprietor’s suffering from illness, injury, or deformity or where obstetrical care or care of the aged, blind, or disabled is rendered over a period exceeding twenty-four (24) hours.  (ii) “Institution” also includes an outpatient surgery center and an alcohol and drug abuse treatment center.    (B) No establishment operated by the United States Government or an agency thereof is within this definition;    (5)  (A) “Long-term care 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 age, illness, blindness, disease, or physical or mental infirmity are unable to sufficiently or properly care for themselves and where a charge is made for that reception, accommodation, board, care, or treatment.  (B) “Long-term care facility” does not include:  (i) The offices of private physicians and surgeons;  (ii) Hospitals;  (iii) Recuperation centers;  (iv) Supervised or supported living apartments, group homes, family homes, or developmental day treatment clinics for individuals with developmental disabilities operated by providers licensed by the Division of Developmental Disabilities Services of the Department of Human Services;  (v) Institutions operated by the United States Government;  (vi) Separate living arrangements that do not involve monitoring the activities of the residents while on the premises of the institution or facility to ensure the residents' health, safety, or well-being and that do not involve the institution or facility's being aware of the residents' general whereabouts; or  (vii) Hospices;      (6) “Medical facility” means a diagnostic or diagnostic and treatment center, a rehabilitation facility, or a nursing home as these terms are defined in the federal act, and any other medical facility for which federal aid may be authorized under federal law;  (7) “Office” means the Office of Long-Term Care; and  (8) “Surgeon General” means the United States Surgeon General.
AR Code § 20-10-214 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 10 - Long-Term Care Facilities and Services|Subchapter 2 - Office of Long-Term Care|§ 20-10-214. Penalties for §§ 20-10-213 — 20-10-228

 (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 therefor as provided or violating any provision of §§ 20-10-213 — 20-10-228 or rule lawfully promulgated under §§ 20-10-213 — 20-10-228 shall be guilty of a violation.  (b) Upon conviction, the person, partnership, association, or corporation shall be liable for a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for the first offense nor more than one thousand dollars ($1,000) for each subsequent offense.  (c) Each day that the institution shall operate after a first conviction shall be considered a subsequent offense.
AR Code § 20-10-215 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 10 - Long-Term Care Facilities and Services|Subchapter 2 - Office of Long-Term Care|§ 20-10-215. Injunction for §§ 20-10-213 — 20-10-228

 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 concert within the meaning of §§ 20-10-213 — 20-10-228, without the person's first having secured a license therefor.
AR Code § 20-10-216 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 10 - Long-Term Care Facilities and Services|Subchapter 2 - Office of Long-Term Care|§ 20-10-216. Powers and duties of Department of Human Services

 (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 — 20-10-228;  (2) Provide methods of administration and appoint a director and other personnel of the Department of Human Services;  (3) Procure and pay for the temporary services of experts or consultants on a fee-for-service basis;  (4) Enter into agreements for the utilization of the facilities and services of other departments, agencies, and institutions, public and private;  (5) Accept on behalf of the state and deposit with the Treasurer of State any grant, gift, or contribution of funds made to assist in meeting the cost of carrying out §§ 20-10-213 — 20-10-228 and expend such funds accordingly;  (6) Make an annual report to the Governor on activities and expenditures made pursuant to §§ 20-10-213 — 20-10-228;  (7) Procure the services of an attorney to assist the Department of Human Services in any legal work involved in carrying out the duties of the Department of Human Services and pay for the services on a fee-for-service or retainer basis; and  (8) Accept a certificate made by an individual's physician that the individual is in need of nursing home care or that he or she can provide for himself or herself.    (b) The Department of Human Services shall adopt, promulgate, and enforce such rules and standards as may be necessary for the accomplishment of §§ 20-10-213 — 20-10-228. The rules and standards shall be modified, amended, or rescinded by the Department of Human Services as may be in the public interest.
AR Code § 20-10-217 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 10 - Long-Term Care Facilities and Services|Subchapter 2 - Office of Long-Term Care|§ 20-10-217. Construction program — Survey and planning activities

 (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 survey, develop a program for the construction of such public and other nonprofit medical facilities as will, in conjunction with existing facilities, afford the necessary physical facilities for furnishing adequate medical facility services to the people of the state in accordance with the regulations prescribed by the Hospital Survey and Construction Act, Pub. L. No. 79-725.  (b) The construction program shall provide, in accordance with regulations prescribed by the federal act, for adequate medical facilities for the people of the state, and insofar as possible shall provide for their distribution throughout the state in such manner as to make all types of medical facility services reasonably accessible to all persons in the state.
AR Code § 20-10-218 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 10 - Long-Term Care Facilities and Services|Subchapter 2 - Office of Long-Term Care|§ 20-10-218. Construction program — Federal funds for surveying and planning

 (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 trust fund designated “Hospital and Medical Facility Survey and Planning Fund”, which shall be kept separate and apart from all public funds of the state and shall be available to the department for expenditure in carrying out the survey and planning activities provided.  (c) Any funds received and not expended for such purposes shall be repaid to the United States Treasury.  (d) Warrants for all payments from the fund shall bear the signature of the Director of the Department of Human Services or his or her agent.
AR Code § 20-10-219 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 10 - Long-Term Care Facilities and Services|Subchapter 2 - Office of Long-Term Care|§ 20-10-219. Construction program — State plan

 (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, administration, and operation of medical facilities construction activities in accordance with the requirements of the federal act and regulations under the federal act.  (2) The state plan shall also set forth the relative need for the several projects included in the construction program determined in accordance with regulations prescribed by the federal act and provide for the construction, insofar as financial resources available for construction and for maintenance and operation permit, in the order of relative need.    (b) Before the submission of the plan to the United States Surgeon General, the department shall give adequate publicity to a general description of all the provisions proposed to be included therein and hold a public hearing at which all persons or organizations with a legitimate interest in the plan may be given an opportunity to express their views.  (c) After approval of the plan by the United States Surgeon General, the department shall cause to be published a general description of the provisions thereof in at least one (1) newspaper having general circulation in each county in the state and shall make the plan, or a copy thereof, available upon request to all interested persons or organizations.  (d) The department shall review the construction program, submit to the United States Surgeon General any modifications of the program which it may find necessary, and may submit to the United States Surgeon General modifications of the state plan not inconsistent with the requirements of the federal act.
AR Code § 20-10-220 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 10 - Long-Term Care Facilities and Services|Subchapter 2 - Office of Long-Term Care|§ 20-10-220. Construction program — Application for funds

 (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 to construct and operate a medical facility.  (b) However, no application for a diagnostic or treatment center shall be approved unless the applicant is:  (1) The state, a political subdivision, or a public agency; or  (2) A person, corporation, or association which owns and operates a nonprofit hospital.    (c) Each application for a construction project shall conform to federal and state requirements.  (d) If after affording reasonable opportunity for development and presentation of applications in the order of relative need the department finds that a project application complies with the requirements of subsection (a) of this section and is otherwise in conformity with the state plan, then it shall approve the application and shall recommend and forward it to the United States Surgeon General.  (e) The department by rule shall provide an opportunity for fair hearing and appeal to every applicant who is dissatisfied with any action regarding an application.
AR Code § 20-10-221 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 10 - Long-Term Care Facilities and Services|Subchapter 2 - Office of Long-Term Care|§ 20-10-221. Construction program — Payment of installments

 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 that purchases have been made in accordance with the approved plans and specifications and that payment of an installment of federal funds is due the applicant.
AR Code § 20-10-222 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 10 - Long-Term Care Facilities and Services|Subchapter 2 - Office of Long-Term Care|§ 20-10-222. Construction program — Federal funds

 (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 shall be separate and apart from all public funds of the state and shall be used solely for payments due to applicants for work performed or purchases made in carrying out approved projects.  (c) Warrants for all payments from the fund shall bear the signature of the Director of the Office of Long-Term Care or his or her agent.  (d) The procedure provided in this section for the receipt and disbursement of such funds is not intended to deprive any applicant from receiving federal payments directly if, for any reason, the department or the Treasurer of State is not authorized to receive and transmit federal payments for certain construction projects to certain applicants.
AR Code § 20-10-223 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 10 - Long-Term Care Facilities and Services|Subchapter 2 - Office of Long-Term Care|§ 20-10-223. Minimum standards for institutions

 (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 regulations.  (b) An institution, or the governing body thereof, shall comply with such minimum standards as may be prescribed by the department under the authority of this section even though federal aid may not be sought or received under §§ 20-10-213 — 20-10-228.