reglab/housing_qa huggingface dataset:
AR Code § 20-10-702 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 10 - Long-Term Care Facilities and Services|Subchapter 7 - Long-Term Care Aide Training Act|§ 20-10-702. Definitions

 As used in this subchapter:   (1) “Long-term care facility” means a nursing home, a residential care facility, an assisted living facility, an adult day-care facility, or any other facility which provides long-term medical or personal care; and  (2) “Primary instructor” means a registered nurse who:  (A)  (i) Is licensed in this state; or  (ii) Holds a multistate privilege to practice if the registered nurse moves from a state that has joined the Interstate Nurse Licensure Compact, § 17-87-601 et seq., to Arkansas and meets all requirements for licensure in Arkansas;    (B) Does not have any disciplinary action regarding his or her license by the licensing entity or authority; and  (C)  (i) Possesses a minimum of two (2) years' general nursing experience as a registered nurse including at least one (1) year of long-term care nursing services in a nursing facility setting within the last five (5) years.  (ii) As used in this section, “general nursing experience” may include without limitation employment in a nursing assistant education program or employment in or supervision of nursing students in a nursing facility or unit, geriatrics department excluding a geriatric psychiatry department, long-term acute care hospital, home healthcare, hospice care, or other long-term care setting.
AR Code § 20-10-703 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 10 - Long-Term Care Facilities and Services|Subchapter 7 - Long-Term Care Aide Training Act|§ 20-10-703. Exemptions

 Students who have satisfactorily completed a nursing assistant or aide training program in either a public or private proprietary school licensed by the State of Arkansas are excluded from this subchapter since they will already have attained the skills needed to serve as aides in long-term care facilities.
AR Code § 20-10-704 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 10 - Long-Term Care Facilities and Services|Subchapter 7 - Long-Term Care Aide Training Act|§ 20-10-704. Training program

 The Office of Long-Term Care shall establish a training program to be completed by all aides in long-term care facilities who provide personal care to residents.
AR Code § 20-10-705 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 10 - Long-Term Care Facilities and Services|Subchapter 7 - Long-Term Care Aide Training Act|§ 20-10-705. Rules

 (a) The Office of Long-Term Care shall promulgate rules necessary to implement an aide training program for all long-term care facilities in this state, to prescribe in-service training programs, and to enforce compliance with those programs.  (b)  (1) The rules shall require training programs to:  (A) Provide no fewer than ninety (90) clock hours of training;  (B) Include in those ninety (90) clock hours no fewer than fifteen (15) clock hours of training specific to Alzheimer's disease and related dementia; and  (C) Have only one (1) primary instructor for each course.    (2) The training programs required under this subsection shall take effect only if funds are available.  (3) The training program established under this section shall be known as the “Barbara Broyles Training Program”.
AR Code § 20-10-801 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 10 - Long-Term Care Facilities and Services|Subchapter 8 - Home Healthcare Services|§ 20-10-801. Definitions

 As used in this subchapter:   (1) “Agency” means any person, partnership, association, corporation, or other organization, whether public or private, proprietary or nonprofit;  (2) “Class A license” means that the applicant is at the time of filing an application a Medicare-certified home health agency. If the applicant is not at the time of filing its application a certified home health agency, it shall be in the process of receiving its certification from the Center for Medicare & Medicaid Services;  (3) “Class B license” means that the application shall show proof of the services provided and the geographical territory in which those services have been provided as of July 20, 1987, and that the applicant shall have requested a survey for the purpose of confirming the services provided and territory covered;  (4) “Division” means the Division of Health Facilities Services;  (5) “Home healthcare services” means the providing or coordinating of acute, restorative, rehabilitative, maintenance, preventive, or health promotion services through professional nursing or by other therapeutic services such as physical therapy, occupational therapy, speech therapy, home health aide, or personal services in a client's residence;  (6) “Home healthcare services agency” means an agency licensed to provide home healthcare services;  (7) “Place of business” means any office of a home health agency including subunits;  (8) “Residence” means a place where a person resides, including a home, nursing home, or convalescent home for the disabled or aged; and  (9) “Subunit” means an organization of an agency that provides home healthcare services and which serves patients in a geographic area different from that of the agency.
AR Code § 20-10-802 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 10 - Long-Term Care Facilities and Services|Subchapter 8 - Home Healthcare Services|§ 20-10-802. Exceptions from licensing requirements

 The following persons are not required to be licensed under § 20-10-807:   (1) A physician, dentist, registered nurse, or physical therapist who is currently licensed under the laws of this state who provides home health services only to a patient as a part of his or her private office practice when the services are incidental to the office practice;  (2) The following healthcare professionals providing home healthcare services as a sole practitioner:  (A) A registered nurse;  (B) A licensed vocational nurse;  (C) A physical therapist;  (D) An occupational therapist;  (E) A speech therapist;  (F) A medical social worker; or  (G) Any other healthcare professional as determined by the Department of Health;    (3) A nonprofit registry operated by a national or state professional association or society of licensed healthcare practitioners, or a subdivision thereof, that operates solely as a clearinghouse to put consumers in contact with licensed healthcare practitioners who will give care in a patient's residence and that neither maintains the official patient records nor directs patient services;  (4) An individual whose permanent residence is in the patient's residence;  (5) An employee of a person holding a license under this subchapter who provides home healthcare services only as an employee of the licensed person and who receives no benefit for providing home healthcare services other than wages from the employer;  (6) A home, nursing home, convalescent home, or other institution for individuals with disabilities or individuals who are elderly that provides health services only to residents of the home or institution;  (7) A person who provides one (1) health service through a contract with a person licensed;  (8) A durable medical equipment supply company;  (9) A pharmacy or wholesale medical supply company that furnishes those services that relate to drugs and supplies to persons in their homes;  (10) A hospital or other licensed healthcare facility serving only inpatient residents;  (11) A visiting nurse service or home aide service constructed by and for the adherents of a religious denomination for the purpose of providing services for those who depend upon spiritual means through prayer alone for healing; and  (12) Persons providing services to one (1) or more individuals with intellectual or other developmental disabilities, as defined in § 20-48-101, under a license or certificate from the Division of Developmental Disabilities Services.
AR Code § 20-10-803 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 10 - Long-Term Care Facilities and Services|Subchapter 8 - Home Healthcare Services|§ 20-10-803. Penalties

 (a)  (1) Any person who violates any provision of this subchapter or rules lawfully promulgated under this subchapter shall be guilty of a violation.  (2) Upon conviction, that person shall be liable to a fine of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100) for the first offense and not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for each subsequent offense.    (b) Each day that the person performs home healthcare services after a first conviction shall be considered a subsequent offense.
AR Code § 20-10-806 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 10 - Long-Term Care Facilities and Services|Subchapter 8 - Home Healthcare Services|§ 20-10-806. Administration — Rules and standards

 (a) This subchapter shall be administered by the Division of Health Facilities Services.  (b)  (1) The State Board of Health shall adopt, promulgate, and enforce such rules and standards as may be necessary for the accomplishment of the purposes of this subchapter.  (2) The rules and standards shall be amended or rescinded from time to time by the board as may be in the public interest, after first complying with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.  (3) Rules under this subchapter shall:  (A)  (i) Require that a qualified supervisor shall establish the frequency of in-person supervisory visits as part of the patient's plan of care based on the specific needs of the patient and the recommendations of the registered nurse.  (ii) The frequency of in-person visits shall be at least annually.  (iii)  (a) A qualified supervisor shall be a licensed nurse or have completed two (2) years of full-time study at an accredited institution of higher education.  (b) An individual who has a high school diploma or general equivalency diploma may substitute one (1) year of full-time employment in a supervisory capacity in a healthcare facility or community-based agency for one (1) year at an institution of higher education; and      (B) Not require:  (i) A registered nurse to visit a patient every sixty-two (62) days to supervise services; or  (ii) A branch office of a home healthcare services agency that only provides unskilled home healthcare services to be within a one-hundred-mile radius of a patient's home.
AR Code § 20-10-807 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 10 - Long-Term Care Facilities and Services|Subchapter 8 - Home Healthcare Services|§ 20-10-807. License required

 It shall be unlawful for any agency to provide home healthcare services unless licensed pursuant to this subchapter.
AR Code § 20-10-808 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 10 - Long-Term Care Facilities and Services|Subchapter 8 - Home Healthcare Services|§ 20-10-808. Application for license — Temporary license

 (a) An applicant for a license to provide home healthcare services shall:  (1) File a written application on a form prescribed by the Division of Health Facilities Services;  (2) File with the application the name of the owner of the agency or a list of names of persons who own an interest in the agency and a list of any businesses with which the agency subcontracts and in which the owner or owners of the agency hold as much as five percent (5%) of the ownership;  (3) Establish a place of business within the State of Arkansas that maintains home healthcare services records and directs patient services;  (4) Cooperate with any inspections the division may require for a license and comply with rules and standards promulgated under this subchapter; and  (5) Pay to the division a license fee as prescribed by § 20-10-812.    (b) In addition to the requirements listed in subsection (a) of this section for new and existing agencies providing home healthcare services on July 20, 1987, those agencies shall furnish the following information for a Class A or Class B license:  (1) For a Class A license, if the applicant is at the time of filing an application a Medicare-certified home health agency, the applicant shall provide proof of its compliance with federal conditions of participation. If the applicant is not at the time of filing its application a certified home health agency, it shall be in the process of receiving its certification from the Center for Medicare & Medicaid Services; and  (2) For a Class B license, the applicant shall show proof of the home healthcare services provided and the geographical territory in which those home healthcare services have been provided as of July 20, 1987, and it shall have requested a survey for the purposes of confirming the home healthcare services provided and the territory covered.    (c) The Director of the Division of Health Facilities Services may issue a temporary license to an applicant for a period not to exceed six (6) months.
AR Code § 20-10-809 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 10 - Long-Term Care Facilities and Services|Subchapter 8 - Home Healthcare Services|§ 20-10-809. Issuance of licenses

 (a)  (1) The Director of the Division of Health Facilities Services shall issue licenses for the operation of home healthcare services agencies which are found to comply with this subchapter and with the rules of the State Board of Health.  (2) The director shall also issue licenses for the operation of subunits of a home healthcare services agency.    (b) Licenses shall be issued to the entity and persons listed in the application for licensure and shall not be transferable.
AR Code § 20-10-810 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 10 - Long-Term Care Facilities and Services|Subchapter 8 - Home Healthcare Services|§ 20-10-810. Denial, suspension, or revocation of license

 The Director of the Division of Health Facilities Services may deny, suspend, or revoke licensure on any of the following grounds:   (1) Violation of this subchapter or the rules lawfully promulgated under this subchapter; and  (2) Permitting, aiding, or abetting the commission of any unlawful act in connection with the operation of the home healthcare services agency.
AR Code § 20-10-812 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 10 - Long-Term Care Facilities and Services|Subchapter 8 - Home Healthcare Services|§ 20-10-812. Fees

 (a)  (1) The Division of Health Facilities Services may levy and collect a fee for the issuance of an annual license to a home healthcare services agency or a subunit of a home healthcare services agency. The license fee for a home healthcare services agency shall be an annual fee of one thousand dollars ($1,000), and the fee for a subunit shall be an annual fee of one hundred dollars ($100).  (2) The fees collected under this subsection shall be deposited into the Health Facility Services Revolving Fund.    (b) Except for those fees set forth in subsection (a) of this section, all fees levied and collected under this subchapter shall be special revenues and shall be deposited into the State Treasury and credited to the Public Health Fund.  (c) Subject to those rules that may be implemented by the Chief Fiscal Officer of the State, the disbursing officer for the Department of Health may transfer all unexpended funds relative to this subchapter that pertain to fees collected except for those collected under subsection (a) of this section, as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for expenditures for the same purposes for any following fiscal year.
AR Code § 20-10-813 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 2 - Health and Safety|Chapter 10 - Long-Term Care Facilities and Services|Subchapter 8 - Home Healthcare Services|§ 20-10-813. Transfer of licenses and permits upon dissolution

 Upon the dissolution of any corporation which on April 14, 1995, is licensed to provide home healthcare services, the Department of Health, the Health Services Permit Agency, the Health Services Permit Commission, and any other agency involved may transfer the dissolved corporation's licenses and permits of approval to a stockholder of the dissolved corporation, and that stockholder may continue to perform home healthcare services under the transferred license and permit of approval.
AR Code § 20-10-901 (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|§ 20-10-901. Title

 This subchapter may be known as the “Arkansas Long-Term Care Facility Receivership Law”.
AR Code § 20-10-902 (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|§ 20-10-902. Purpose

 It is the purpose of this subchapter to develop a mechanism whereby the concept of receivership can be utilized for the protection of residents in long-term care facilities. It is the intent of the General Assembly that receivership shall be a remedy of last resort when all other methods of remedy have failed or when the implementation of other remedies would be futile. It is not the intent of this subchapter to circumvent the Health Services Permit Program of the Health Services Permit Commission. No court or administrative agency shall interpret the contents of this subchapter to allow the transfer of beds or the license of a facility under receivership without approval of the commission as required by § 20-8-101 et seq.
AR Code § 20-10-903 (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|§ 20-10-903. Definitions

 As used in this subchapter:   (1) “Administrator” means a long-term care facility administrator as defined in § 20-10-101;  (2) “Emergency” means a situation, a physical condition, or one (1) or more practices, methods, or operations which threaten the health, security, or welfare of residents;  (3) “Facility” means a long-term care facility which is required to be licensed under § 20-10-224;  (4) “Habitual violation” means a violation of state or federal law which, due to its repetition, presents a reasonable likelihood of serious physical or mental harm to residents;  (5) “Licensee” means any person or any other legal entity that is licensed or required to be licensed to operate a facility;  (6) “Owner” means the holder of the title to the real estate in which the facility is maintained;  (7) “Resident” means any person who lives in and receives services or care in a long-term care facility; and  (8) “Substantial violation” means a violation of state or federal law which presents a reasonable likelihood of serious physical or mental harm to residents.
AR Code § 20-10-904 (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|§ 20-10-904. Grounds for appointment

 The following circumstances shall be grounds for the appointment of a receiver to operate a long-term care facility:   (1) An emergency exists in a facility which threatens the health, security, or welfare of residents;  (2) A facility is in substantial or habitual violation of the standards of health, safety, or resident care established under state rules or federal regulations to the detriment of the welfare of the residents;  (3) A facility intends to close but has not arranged at least thirty (30) days before closure for the orderly transfer of its residents;  (4) The facility is insolvent; and  (5) The Department of Human Services has suspended, revoked, or refused to renew the existing license of the facility.
AR Code § 20-10-905 (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|§ 20-10-905. Petition for receivership

 (a) The Department of Human Services, Attorney General, or prosecuting attorney or duly appointed deputy prosecuting attorney of the district in which the facility is located may file a complaint in the circuit court of the county in which the facility is located requesting the appointment of a receiver.  (b) A complaint for appointment of a receiver pursuant to this subchapter shall have precedence and priority over any civil case pending in the circuit court in which the complaint is filed.  (c) The court shall hold a hearing on the complaint within five (5) days of the filing of the complaint.  (d) The complaint and notice of hearing shall be served on the owner and administrator or licensee of the facility. In cases when the department is not the plaintiff in the action, a copy of the complaint and notice shall be forwarded by mail to the Secretary of the Department of Human Services by the plaintiff.
AR Code § 20-10-906 (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|§ 20-10-906. Hearing on receivership

 The court shall appoint a receiver if it finds that any one (1) of the grounds for appointment set forth in § 20-10-904 is satisfied.
AR Code § 20-10-907 (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|§ 20-10-907. Emergency appointment

 (a) If the complaint filed under § 20-10-905 is filed by the Department of Human Services and alleges that grounds set out in § 20-10-904(1) or § 20-10-904(2) exist within a facility and is accompanied by a verified affidavit setting forth facts which would constitute such a ground, a temporary receiver shall be appointed with or without notice to the owner, licensee, or administrator.  (b) The temporary appointment of a receiver without notice to the owner, licensee, or administrator may be made only if the court is satisfied that the department has made a diligent attempt to provide reasonable notice under the circumstances. The delivery of a copy of the complaint to the facility upon filing shall constitute reasonable notice for issuance of a temporary receivership order by the court.  (c) Upon appointment of a temporary receiver, the department shall proceed immediately to obtain service as provided in § 20-10-905(d).  (d) If the department does not proceed with the complaint, the court shall dissolve the temporary receivership after ten (10) days.