reglab/housing_qa huggingface dataset:
AR Code § 20-10-908 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 10 - Long-Term Care Facilities and Services|Subchapter 9 - Arkansas Long-Term Care Facility Receivership Law|§ 20-10-908. Qualifications of receiver

 (a) The circuit court may appoint any licensed nursing home administrator or any qualified person as a receiver who does not have a conflict of interest.  (b) The Department of Human Services shall maintain a list of qualified persons to be furnished to the court. Preference shall be given to persons with experience in delivery of healthcare services and operation of long-term care facilities.  (c) No person may be considered to be qualified to be a receiver who:  (1) Is the owner, licensee, or administrator of the facility;  (2) Is affiliated with the facility;  (3) Has a financial interest in the facility; or  (4) Has owned or operated a facility that has been ordered into receivership.
AR Code § 20-10-910 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 10 - Long-Term Care Facilities and Services|Subchapter 9 - Arkansas Long-Term Care Facility Receivership Law|§ 20-10-910. Compensation of receiver

 (a) The circuit court shall set a reasonable compensation to include salary and reasonable expenses for the receiver to be paid as a necessary expense of the facility under the receivership. Reasonable expenses may include charges for a liability insurance policy covering negligence of the receiver and employees of the facility for the duration of the receivership.  (b) If the receiver does not have sufficient funds to pay the salary from the revenues of the facility, the receiver may petition the court for permission to file a claim with the Department of Human Services for payment from the Long-Term Care Facility Receivership Fund Account as established in § 20-10-916.
AR Code § 20-10-911 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 10 - Long-Term Care Facilities and Services|Subchapter 9 - Arkansas Long-Term Care Facility Receivership Law|§ 20-10-911. Duration of receivership

 (a) The receiver shall be appointed for an initial period of not more than six (6) months.  (b) The initial six-month period may be extended for an additional period of ninety (90) days with approval of the circuit court upon a showing of good cause.
AR Code § 20-10-912 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 10 - Long-Term Care Facilities and Services|Subchapter 9 - Arkansas Long-Term Care Facility Receivership Law|§ 20-10-912. Bond of receiver

 The circuit court may require a receiver to post a bond, which may include provision for costs and attorney's fees, upon breach of fiduciary duty.
AR Code § 20-10-913 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 10 - Long-Term Care Facilities and Services|Subchapter 9 - Arkansas Long-Term Care Facility Receivership Law|§ 20-10-913. Automatic stay

 (a) No person or court of this state shall impede the operation of a receivership created under this subchapter.  (b) For a sixty-day period subsequent to the appointment of a receiver, there shall be an automatic stay of any action that would interfere with the functioning of the facility, including, but not limited to, cancellation of insurance policies executed by the licensee, termination of utility services, executions, attachments or setoffs, and repossession of equipment used in the facility.
AR Code § 20-10-914 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 10 - Long-Term Care Facilities and Services|Subchapter 9 - Arkansas Long-Term Care Facility Receivership Law|§ 20-10-914. Accounting for funds

 Within thirty (30) days after termination, the receiver shall file with the court a complete accounting of all property of which the receiver has taken possession, of all funds collected, and of the expenses of the receivership.
AR Code § 20-10-915 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 10 - Long-Term Care Facilities and Services|Subchapter 9 - Arkansas Long-Term Care Facility Receivership Law|§ 20-10-915. Alternative procedure

 (a)  (1) In lieu of bringing an action under this subchapter, the Department of Human Services, in its sole discretion, may place a designated employee from the department to act as monitor in the facility when any of the grounds for receivership exists in a facility.  (2) The monitor shall observe operation of the facility, assist the facility by advising it on how to comply with the state and federal rules and regulations, and report periodically to the department on the operation of the facility.  (3) A monitor shall remain in a facility not to exceed sixty (60) days.    (b) At the end of the monitoring period, if the department determines that insufficient progress has been made by the facility for elimination of the grounds for appointment of a receivership, the department may proceed for appointment of a receivership upon the grounds which existed at the time of placement of the monitor in the facility.  (c) The department may promulgate any rules as necessary to implement this section.
AR Code § 20-10-916 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 10 - Long-Term Care Facilities and Services|Subchapter 9 - Arkansas Long-Term Care Facility Receivership Law|§ 20-10-916. Long-Term Care Facility Receivership Fund Account

 (a) There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund account to be known as the “Long-Term Care Facility Receivership Fund Account” of the Department of Human Services Fund. The Long-Term Care Facility Receivership Fund Account shall consist of general revenues and such other funds as may be provided by law.  (b) The Long-Term Care Facility Receivership Fund Account established in this section shall be administered and disbursed under the direction of the Secretary of the Department of Human Services for the purpose of paying the expenses of receivers appointed under this subchapter.  (c) No money shall be expended from the Long-Term Care Facility Receivership Fund Account for any purpose except when the funds generated by a long-term care facility in this state are found to be insufficient by a court of law to pay the reasonable expenses of a receiver after all other operating expenses of the facility have been paid from the facility's revenue.  (d) Any balance remaining in the Long-Term Care Facility Receivership Fund Account at the close of each fiscal year shall be retained in the Long-Term Care Facility Receivership Fund Account to be available for the same purposes.  (e) Beginning July 1, 1991, and each July 1 of an odd-numbered year thereafter, the Treasurer of State shall transfer from the General Revenue Fund Account of the State Apportionment Fund to the Long-Term Care Facility Receivership Fund Account an amount sufficient to maintain a fund balance of one hundred thousand dollars ($100,000).
AR Code § 20-10-1001 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 10 - Long-Term Care Facilities and Services|Subchapter 10 - Omnibus Long-Term Care Reform Act of 1988|§ 20-10-1001. Title

 This subchapter may be known as the “Omnibus Long-Term Care Reform Act of 1988”.
AR Code § 20-10-1002 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 10 - Long-Term Care Facilities and Services|Subchapter 10 - Omnibus Long-Term Care Reform Act of 1988|§ 20-10-1002. Intent

 It is the intent of the General Assembly to provide protection for those citizens residing in long-term care facilities to assure the residents the highest quality of life while protecting their health and welfare.
AR Code § 20-10-1004 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 10 - Long-Term Care Facilities and Services|Subchapter 10 - Omnibus Long-Term Care Reform Act of 1988|§ 20-10-1004. Prohibiting new admissions — Hearings and appeals

 (a) The Director of the Office of Long-Term Care may prohibit new admissions to a long-term care facility not in compliance due to a Class A violation until the Office of Long-Term Care determines the facility is in substantial compliance.  (b) If the director determines to prohibit admissions to a facility, he or she shall notify the administrator of the facility in writing, by certified mail or other means which gives actual notice, that the facility is prohibited from admitting any new residents due to a Class A violation and that the prohibition shall continue until the office makes a determination that the facility has corrected the deficiency and is in substantial compliance.  (c)  (1) The facility may request an immediate hearing by written request to the Secretary of the Department of Human Services.  (2) The Department of Human Services shall provide a fair and impartial hearing officer within ten (10) days of receipt of the request.  (3) Unless in conflict with this subsection, the procedure for hearings and appeals set forth in § 20-10-208 shall be followed.
AR Code § 20-10-1006 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 10 - Long-Term Care Facilities and Services|Subchapter 10 - Omnibus Long-Term Care Reform Act of 1988|§ 20-10-1006. Residents' councils — Staff coordinators — Family councils

 (a) The Office of Long-Term Care shall prescribe through rule the establishment of a residents' council within each long-term care facility. The residents' council's duties shall include, but need not be limited to:  (1) Review of procedures of the facility for implementation of residents' rights;  (2) Making recommendations for changes or additions in the facility's policies and procedures, including programming;  (3) Representing residents in their complaints to the office or any other person or agency; and  (4) Assisting in early identification of problems and orderly resolution of problems.    (b)  (1) The facility administrator shall designate a staff coordinator and designate space within the facility for the residents' council.  (2) The staff coordinator shall assist the residents’ council in scheduling regular meetings and preparing written reports of meetings for dissemination to all residents of the facility.  (3) The staff coordinator may be excluded from any meeting of the residents’ council.    (c) The office shall prescribe rules which encourage the establishment of family councils for residents' families to meet in the facility with the families of other residents. The office shall require each facility to inform residents' families of their right to establish a family council within the facility.  (d)  (1) Failure to comply with the requirement of establishment and operation of a residents' council as prescribed by the office shall be considered a Class C violation under § 20-10-205 for which civil penalties set forth in § 20-10-206 may be imposed.  (2) Any appeal shall be under the procedure set forth in § 20-10-208.
AR Code § 20-10-1007 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 10 - Long-Term Care Facilities and Services|Subchapter 10 - Omnibus Long-Term Care Reform Act of 1988|§ 20-10-1007. Adverse action against residents prohibited — Violations

 (a) No long-term care facility owner, administrator, employee, or other representative shall discriminate, retaliate, or seek reprisal in any manner against a resident or employee of a long-term care facility who has initiated or participated in any proceeding provided in this subchapter.  (b) Any adverse action taken against a resident of a long-term care facility within one hundred twenty (120) days of the filing of a complaint or initiation of any action shall give rise to a rebuttable presumption that the action was taken by the owner, administrator, employee, or other representative in violation of subsection (a) of this section.  (c) Failure to comply with this section by any facility owner, administrator, employee, or other representative shall be considered a Class B violation under § 20-10-205 for which civil penalties set forth in § 20-10-206 may be imposed.  (d) Any appeal shall be under the procedure set forth in § 20-10-208.
AR Code § 20-10-1008 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 10 - Long-Term Care Facilities and Services|Subchapter 10 - Omnibus Long-Term Care Reform Act of 1988|§ 20-10-1008. Disposition of civil penalties

 All moneys 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 this subchapter shall be deposited into the Long-Term Care Trust Fund for uses as prescribed in § 20-10-209.
AR Code § 20-10-1009 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 10 - Long-Term Care Facilities and Services|Subchapter 10 - Omnibus Long-Term Care Reform Act of 1988|§ 20-10-1009. Right to rescind long-term care contracts

 For a fourteen-day period beginning on the date of entry into a long-term care facility, the resident shall have the right to rescind any contractual obligation into which he or she has entered and receive a full refund of any moneys transferred to the facility. If the resident entered the facility and received some benefit therefrom, the charges of the services provided shall be prorated and payment made only for the benefits conferred.
AR Code § 20-10-1010 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 10 - Long-Term Care Facilities and Services|Subchapter 10 - Omnibus Long-Term Care Reform Act of 1988|§ 20-10-1010. End-of-life treatment of long-term care residents

 (a) For residents suffering from a terminal condition as defined in § 20-17-201, facilities may withhold nutrition or hydration, or both, only pursuant to:  (1) The directive or with the consent of the resident;  (2) A validly executed declaration as defined in § 20-17-201; or  (3) The instructions of a person authorized to execute a written request for another under § 20-17-214 if:  (A) The resident did not execute a declaration; and  (B) In the opinion of the attending physician, the resident is no longer able to make healthcare decisions for himself or herself; or    (4) The directions of an attorney-in-fact appointed under a validly executed durable power of attorney for health care as defined in § 20-13-104 [repealed].    (b) For residents who are permanently unconscious as defined in § 20-17-201, facilities may withhold nutrition or hydration, or both, only pursuant to:  (1) A validly executed declaration as defined in § 20-17-201;  (2) The instructions of a person authorized to execute a written request for another pursuant to § 20-17-214 if:  (A) The resident did not execute a declaration; and  (B) In the opinion of the attending physician, the resident is no longer able to make healthcare decisions for himself or herself; or    (3) The directions of an attorney-in-fact appointed under a validly executed durable power of attorney for health care as defined in § 20-13-104 [repealed].    (c)  (1) Notwithstanding subsections (a) and (b) of this section, the wishes of a resident who requests nutrition or hydration, or both, shall be honored.  (2) Unless the use of artificial means is specifically requested, a patient's request for nutrition or hydration, or both, shall not be honored by use of artificial means if doing so would require the insertion of any apparatus into the patient's body.    (d) The attending physician or other healthcare provider may not substitute his or her judgment relating to nutrition or hydration and make a decision that is contrary to the known wishes of the resident.
AR Code § 20-10-1201 (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|§ 20-10-1201. Purpose

 The purpose of this subchapter is to provide for the development, establishment, and enforcement of basic standards for:   (1) The health, care, and treatment of persons in long-term care facilities; and  (2) The construction, maintenance, and operation of these facilities which will ensure safe, adequate, and appropriate care, treatment, and health of persons in the facilities.
AR Code § 20-10-1202 (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|§ 20-10-1202. Definitions

 As used in this subchapter:   (1) “Administrator” means a person who administers, manages, supervises, or is in general administrative charge of a long-term care facility;  (2) “Bed reservation policy” means the number of consecutive days and the number of days per year that a resident may leave the long-term care facility for overnight therapeutic visits with family or friends or for hospitalization for an acute condition before the licensee may discharge the resident due to his or her absence from the facility;  (3) [Repealed.]  (4) “Custodial service” means care for a person which entails observation of diet and sleeping habits and maintenance of a watchfulness over the general health, safety, and well-being of the person;  (5) [Repealed.]  (6) “Long-term care facility” means a nursing home, residential care facility, assisted living facility, post-acute head injury retraining and residential care facility, or any other facility which provides long-term medical or personal care but shall not include 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;  (7) [Repealed.]  (8) “Ombudsman” means a long-term care ombudsman established pursuant to the Long-Term Care Ombudsman Act, § 20-10-601 et seq.;  (9) “Resident designee” means a person other than the owner, administrator, or employee of the facility designated in writing by a resident, or a resident's guardian if the resident is adjudicated incompetent, to be the resident's representative for a specific, limited purpose; and  (10) “Residential care plan” means a written plan developed, maintained, and reviewed not less than quarterly by a registered nurse, with participation from other facility staff and the resident or his or her designee or legal representative, which includes a comprehensive assessment of the needs of an individual resident, a listing of services provided within or outside the facility to meet those needs, and an explanation of service goals.
AR Code § 20-10-1206 (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|§ 20-10-1206. Right of entry and inspection

 (a)  (1) The Department of Human Services and any duly designated officer or employee thereof or an ombudsman shall have the right to enter upon and into the premises of any long-term care facility at any time in order to determine the state of compliance with this subchapter and the rules in force pursuant to this subchapter.  (2) The right of entry and inspection shall also extend to any premise which the department has reason to believe is being operated or maintained as a facility without a license, but no such entry or inspection of any premises shall be made without the permission of the owner or person in charge thereof, unless an inspection order is first obtained from a circuit court upon a showing of reasonable cause to inspect that certain premises are being maintained and operated in violation of this subchapter and statutory licensure requirements.    (b) Any records of a long-term care facility determined by the Office of Long-Term Care to be necessary and essential to establish lawful compliance with any rules or standards shall be made available to the office on the premises of the facility, with the exception of quality assurance committee records.
AR Code § 20-10-1207 (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|§ 20-10-1207. Availability, distribution, and posting of reports and records

 (a) Within ten (10) days after the date of an annual inspection visit or within thirty (30) days after the date of any interim visit, the Office of Long-Term Care shall forward the results of all inspections of long-term care facilities to:  (1) The ombudsman in whose county the inspected facility is located; and  (2) At least one (1) public library or in the absence of a public library, the county clerk in the county in which the inspected facility is located.    (b) Every long-term care facility licensee shall:  (1) Post in a sufficient number of prominent positions in the facility so as to be accessible to all residents and to the general public the last inspection report or survey pertaining to the facility and issued by the office, with references to the page numbers of the full reports, noting any deficiencies found by the office and the actions taken by the licensee to rectify such deficiencies; and  (2) Upon request, provide to any person who has completed a written application with an intent to be admitted, to any resident of the long-term care facility, or to any relative, spouse, or guardian of the person a copy of the last inspection report pertaining to the long-term care facility and issued by the office, provided that the person requesting the report agrees to pay a reasonable charge to cover copying costs.    (c)  (1) Each long-term care facility licensee shall maintain as public information, available upon request, records of inspection reports pertaining to that facility that have been filed with or issued by any governmental agency.  (2) Copies of the reports shall be retained in the records for not less than five (5) years after the date the reports are filed or issued.
AR Code § 20-10-1208 (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|§ 20-10-1208. Patient records — Penalties for alteration

 (a) Any person who fraudulently alters, defaces, or falsifies any medical or other long-term care facility record or causes or procures any of these offenses to be committed commits a Class A misdemeanor.  (b) A conviction under this section is also grounds for restriction, suspension, or termination of license privileges for the person.