reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 10 - LONG-TERM CARE FACILITIES AND SERVICES (§§ 20-10-101 — 20-10-2510) › Subchapter 7 - LONG-TERM CARE AIDE TRAINING ACT (§§ 20-10-701 — 20-10-706) › Section 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 daycare 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.
Amended by Act 2019, No. 1059,§ 1, eff. 7/24/2019.
Acts 1987, No. 689, § 5; 2005, No. 2191, § 6.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 10 - LONG-TERM CARE FACILITIES AND SERVICES (§§ 20-10-101 — 20-10-2510) › Subchapter 7 - LONG-TERM CARE AIDE TRAINING ACT (§§ 20-10-701 — 20-10-706) › Section 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.
Acts 1987, No. 689, § 4.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 10 - LONG-TERM CARE FACILITIES AND SERVICES (§§ 20-10-101 — 20-10-2510) › Subchapter 7 - LONG-TERM CARE AIDE TRAINING ACT (§§ 20-10-701 — 20-10-706) › Section 20-10-704 - Training program

The Department of Human Services shall establish a training program to be completed by all aides in long-term care facilities who provide personal care to residents.
Amended by Act 2021, No. 1017,§ 4, eff. 7/28/2021.
Acts 1987, No. 689, § 2.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 10 - LONG-TERM CARE FACILITIES AND SERVICES (§§ 20-10-101 — 20-10-2510) › Subchapter 7 - LONG-TERM CARE AIDE TRAINING ACT (§§ 20-10-701 — 20-10-706) › Section 20-10-705 - Rules

(a)
The Department of Human Services 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".
Amended by Act 2021, No. 1017,§ 5, eff. 7/28/2021.
Amended by Act 2019, No. 315,§ 1881, eff. 7/24/2019.
Amended by Act 2019, No. 1059,§ 2, eff. 7/24/2019.
Acts 1987, No. 689, § 3; 2005, No. 1184, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 10 - LONG-TERM CARE FACILITIES AND SERVICES (§§ 20-10-101 — 20-10-2510) › Subchapter 8 - HOME HEALTH CARE SERVICES (§§ 20-10-801 — 20-10-813) › Section 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.
Acts 1987, No. 956, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 10 - LONG-TERM CARE FACILITIES AND SERVICES (§§ 20-10-101 — 20-10-2510) › Subchapter 8 - HOME HEALTH CARE SERVICES (§§ 20-10-801 — 20-10-813) › Section 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.
Amended by Act 2019, No. 1035,§ 12, eff. 7/24/2019.
Amended by Act 2019, No. 389,§ 16, eff. 7/24/2019.
Acts 1987, No. 956, § 2; 2003, No. 1783, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 10 - LONG-TERM CARE FACILITIES AND SERVICES (§§ 20-10-101 — 20-10-2510) › Subchapter 8 - HOME HEALTH CARE SERVICES (§§ 20-10-801 — 20-10-813) › Section 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.
Amended by Act 2019, No. 315,§ 1882, eff. 7/24/2019.
Acts 1987, No. 956, § 5; 2005, No. 1994, § 111.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 10 - LONG-TERM CARE FACILITIES AND SERVICES (§§ 20-10-101 — 20-10-2510) › Subchapter 8 - HOME HEALTH CARE SERVICES (§§ 20-10-801 — 20-10-813) › Section 20-10-804 - [Repealed]

Repealed by Act 2017, No. 540,§ 40, eff. 8/1/2017.
Acts 1987, No. 956, § 8.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 10 - LONG-TERM CARE FACILITIES AND SERVICES (§§ 20-10-101 — 20-10-2510) › Subchapter 8 - HOME HEALTH CARE SERVICES (§§ 20-10-801 — 20-10-813) › Section 20-10-805 - [Repealed]

Repealed by Act 2017, No. 540,§ 41, eff. 8/1/2017.
Acts 1987, No. 956, § 8.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 10 - LONG-TERM CARE FACILITIES AND SERVICES (§§ 20-10-101 — 20-10-2510) › Subchapter 8 - HOME HEALTH CARE SERVICES (§§ 20-10-801 — 20-10-813) › Section 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;
(ii)
For any home healthcare services agency in existence as of April 1, 2021, or licensed afterwards:
(a)
More than one (1) branch office or other place of business to be physically located in the state; or
(b)
A separate license indicating a geographic limitation with respect to the provision of services; or
(iii)
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.
Amended by Act 2021, No. 817,§ 2, eff. 7/28/2021.
Amended by Act 2019, No. 315,§ 1883, eff. 7/24/2019.
Amended by Act 2019, No. 811,§ 2, eff. 7/24/2019.
Acts 1987, No. 956, § 3.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 10 - LONG-TERM CARE FACILITIES AND SERVICES (§§ 20-10-101 — 20-10-2510) › Subchapter 8 - HOME HEALTH CARE SERVICES (§§ 20-10-801 — 20-10-813) › Section 20-10-807 - License required

It shall be unlawful for any agency to provide home healthcare services unless licensed pursuant to this subchapter.
Acts 1987, No. 956, § 4.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 10 - LONG-TERM CARE FACILITIES AND SERVICES (§§ 20-10-101 — 20-10-2510) › Subchapter 8 - HOME HEALTH CARE SERVICES (§§ 20-10-801 — 20-10-813) › Section 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.
Amended by Act 2019, No. 315,§ 1884, eff. 7/24/2019.
Acts 1987, No. 956, §§ 3, 9.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 10 - LONG-TERM CARE FACILITIES AND SERVICES (§§ 20-10-101 — 20-10-2510) › Subchapter 8 - HOME HEALTH CARE SERVICES (§§ 20-10-801 — 20-10-813) › Section 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.
Amended by Act 2019, No. 315,§ 1885, eff. 7/24/2019.
Acts 1987, No. 956, § 4.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 10 - LONG-TERM CARE FACILITIES AND SERVICES (§§ 20-10-101 — 20-10-2510) › Subchapter 8 - HOME HEALTH CARE SERVICES (§§ 20-10-801 — 20-10-813) › Section 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.
Amended by Act 2019, No. 315,§ 1886, eff. 7/24/2019.
Acts 1987, No. 956, § 4.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 10 - LONG-TERM CARE FACILITIES AND SERVICES (§§ 20-10-101 — 20-10-2510) › Subchapter 8 - HOME HEALTH CARE SERVICES (§§ 20-10-801 — 20-10-813) › Section 20-10-811 - [Repealed]

Repealed by Act 2019, No. 1042,§ 1, eff. 7/24/2019.
Acts 1987, No. 956, § 6.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 10 - LONG-TERM CARE FACILITIES AND SERVICES (§§ 20-10-101 — 20-10-2510) › Subchapter 8 - HOME HEALTH CARE SERVICES (§§ 20-10-801 — 20-10-813) › Section 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.
Amended by Act 2019, No. 315,§ 1887, eff. 7/24/2019.
Acts 1987, No. 956, § 7; 1997, No. 574, § 2; 1999, No. 1508, § 9.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 10 - LONG-TERM CARE FACILITIES AND SERVICES (§§ 20-10-101 — 20-10-2510) › Subchapter 8 - HOME HEALTH CARE SERVICES (§§ 20-10-801 — 20-10-813) › Section 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.
Acts 1995, No. 1321, § 1; 2001, No. 1800, § 16.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 10 - LONG-TERM CARE FACILITIES AND SERVICES (§§ 20-10-101 — 20-10-2510) › Subchapter 9 - ARKANSAS LONG-TERM CARE FACILITY RECEIVERSHIP LAW (§§ 20-10-901 — 20-10-916) › Section 20-10-901 - Title

This subchapter may be known as the "Arkansas Long-Term Care Facility Receivership Law".
Acts 1988 (4th Ex. Sess.), No. 3, § 1; 1988 (4th Ex. Sess.), No. 13, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 10 - LONG-TERM CARE FACILITIES AND SERVICES (§§ 20-10-101 — 20-10-2510) › Subchapter 9 - ARKANSAS LONG-TERM CARE FACILITY RECEIVERSHIP LAW (§§ 20-10-901 — 20-10-916) › Section 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.
Acts 1988 (4th Ex. Sess.), No. 3, § 1; 1988 (4th Ex. Sess.), No. 13, § 1; 2001, No. 1800, § 17.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 10 - LONG-TERM CARE FACILITIES AND SERVICES (§§ 20-10-101 — 20-10-2510) › Subchapter 9 - ARKANSAS LONG-TERM CARE FACILITY RECEIVERSHIP LAW (§§ 20-10-901 — 20-10-916) › Section 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.
Acts 1988 (4th Ex. Sess.), No. 3, § 1; 1988 (4th Ex. Sess.), No. 13, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 10 - LONG-TERM CARE FACILITIES AND SERVICES (§§ 20-10-101 — 20-10-2510) › Subchapter 9 - ARKANSAS LONG-TERM CARE FACILITY RECEIVERSHIP LAW (§§ 20-10-901 — 20-10-916) › Section 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.
Amended by Act 2019, No. 315,§ 1888, eff. 7/24/2019.
Acts 1988 (4th Ex. Sess.), No. 3, § 1; 1988 (4th Ex. Sess.), No. 13, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 10 - LONG-TERM CARE FACILITIES AND SERVICES (§§ 20-10-101 — 20-10-2510) › Subchapter 9 - ARKANSAS LONG-TERM CARE FACILITY RECEIVERSHIP LAW (§§ 20-10-901 — 20-10-916) › Section 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.
Amended by Act 2019, No. 910,§ 5184, eff. 7/1/2019.
Acts 1988 (4th Ex. Sess.), No. 3, § 1; 1988 (4th Ex. Sess.), No. 13, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 10 - LONG-TERM CARE FACILITIES AND SERVICES (§§ 20-10-101 — 20-10-2510) › Subchapter 9 - ARKANSAS LONG-TERM CARE FACILITY RECEIVERSHIP LAW (§§ 20-10-901 — 20-10-916) › Section 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.
Acts 1988 (4th Ex. Sess.), No. 3, § 1; 1988 (4th Ex. Sess.), No. 13, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 10 - LONG-TERM CARE FACILITIES AND SERVICES (§§ 20-10-101 — 20-10-2510) › Subchapter 9 - ARKANSAS LONG-TERM CARE FACILITY RECEIVERSHIP LAW (§§ 20-10-901 — 20-10-916) › Section 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.
Acts 1988 (4th Ex. Sess.), No. 3, § 1; 1988 (4th Ex. Sess.), No. 13, § 1; 2007, No. 827, § 152.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 10 - LONG-TERM CARE FACILITIES AND SERVICES (§§ 20-10-101 — 20-10-2510) › Subchapter 9 - ARKANSAS LONG-TERM CARE FACILITY RECEIVERSHIP LAW (§§ 20-10-901 — 20-10-916) › Section 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.
Acts 1988 (4th Ex. Sess.), No. 3, § 1; 1988 (4th Ex. Sess.), No. 13, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 10 - LONG-TERM CARE FACILITIES AND SERVICES (§§ 20-10-101 — 20-10-2510) › Subchapter 9 - ARKANSAS LONG-TERM CARE FACILITY RECEIVERSHIP LAW (§§ 20-10-901 — 20-10-916) › Section 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
.
Acts 1988 (4th Ex. Sess.), No. 3, § 1; 1988 (4th Ex. Sess.), No. 13, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 10 - LONG-TERM CARE FACILITIES AND SERVICES (§§ 20-10-101 — 20-10-2510) › Subchapter 9 - ARKANSAS LONG-TERM CARE FACILITY RECEIVERSHIP LAW (§§ 20-10-901 — 20-10-916) › Section 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.
Acts 1988 (4th Ex. Sess.), No. 3, § 1; 1988 (4th Ex. Sess.), No. 13, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 10 - LONG-TERM CARE FACILITIES AND SERVICES (§§ 20-10-101 — 20-10-2510) › Subchapter 9 - ARKANSAS LONG-TERM CARE FACILITY RECEIVERSHIP LAW (§§ 20-10-901 — 20-10-916) › Section 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.
Acts 1988 (4th Ex. Sess.), No. 3, § 1; 1988 (4th Ex. Sess.), No. 13, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 10 - LONG-TERM CARE FACILITIES AND SERVICES (§§ 20-10-101 — 20-10-2510) › Subchapter 9 - ARKANSAS LONG-TERM CARE FACILITY RECEIVERSHIP LAW (§§ 20-10-901 — 20-10-916) › Section 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.
Acts 1988 (4th Ex. Sess.), No. 3, § 1; 1988 (4th Ex. Sess.), No. 13, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 10 - LONG-TERM CARE FACILITIES AND SERVICES (§§ 20-10-101 — 20-10-2510) › Subchapter 9 - ARKANSAS LONG-TERM CARE FACILITY RECEIVERSHIP LAW (§§ 20-10-901 — 20-10-916) › Section 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.
Acts 1988 (4th Ex. Sess.), No. 3, § 1; 1988 (4th Ex. Sess.), No. 13, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 10 - LONG-TERM CARE FACILITIES AND SERVICES (§§ 20-10-101 — 20-10-2510) › Subchapter 9 - ARKANSAS LONG-TERM CARE FACILITY RECEIVERSHIP LAW (§§ 20-10-901 — 20-10-916) › Section 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.
Amended by Act 2019, No. 315,§ 1891, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 1890, eff. 7/24/2019.
Acts 1988 (4th Ex. Sess.), No. 3, § 1; 1988 (4th Ex. Sess.), No. 13, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 10 - LONG-TERM CARE FACILITIES AND SERVICES (§§ 20-10-101 — 20-10-2510) › Subchapter 9 - ARKANSAS LONG-TERM CARE FACILITY RECEIVERSHIP LAW (§§ 20-10-901 — 20-10-916) › Section 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).
Amended by Act 2019, No. 910,§ 5185, eff. 7/1/2019.
Acts 1988 (4th Ex. Sess.), No. 3, § 1; 1988 (4th Ex. Sess.), No. 13, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 10 - LONG-TERM CARE FACILITIES AND SERVICES (§§ 20-10-101 — 20-10-2510) › Subchapter 10 - OMNIBUS LONG-TERM CARE REFORM ACT OF 1988 (§§ 20-10-1001 — 20-10-1010) › Section 20-10-1001 - Title

This subchapter may be known as the "Omnibus Long-Term Care Reform Act of 1988".
Acts 1988 (4th Ex. Sess.), No. 17, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 10 - LONG-TERM CARE FACILITIES AND SERVICES (§§ 20-10-101 — 20-10-2510) › Subchapter 10 - OMNIBUS LONG-TERM CARE REFORM ACT OF 1988 (§§ 20-10-1001 — 20-10-1010) › Section 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.
Acts 1988 (4th Ex. Sess.), No. 17, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 10 - LONG-TERM CARE FACILITIES AND SERVICES (§§ 20-10-101 — 20-10-2510) › Subchapter 10 - OMNIBUS LONG-TERM CARE REFORM ACT OF 1988 (§§ 20-10-1001 — 20-10-1010) › Section 20-10-1004 - Prohibiting new admissions - Hearings and appeals

(a)
The Department of Human Services may prohibit new admissions to a long-term care facility not in compliance due to a Class A violation until the department determines the facility is in substantial compliance.
(b)
If the department determines to prohibit admissions to a facility, the department shall notify the administrator of the facility in writing, by certified mail or other means that 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 department 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 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.
Amended by Act 2021, No. 1017,§ 8, eff. 7/28/2021.
Amended by Act 2019, No. 910,§ 5186, eff. 7/1/2019.
Acts 1988 (4th Ex. Sess.), No. 17, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 10 - LONG-TERM CARE FACILITIES AND SERVICES (§§ 20-10-101 — 20-10-2510) › Subchapter 10 - OMNIBUS LONG-TERM CARE REFORM ACT OF 1988 (§§ 20-10-1001 — 20-10-1010) › Section 20-10-1006 - Residents' councils - Staff coordinators - Family councils

(a)
The Department of Human Services shall prescribe through rule the establishment of a residents' council within each long-term care facility. The residents' council's duties shall include without limitation:
(1)
Review of procedures of the facility for implementation of residents' rights;
(2)
Making recommendations for changes or additions to the facility's policies and procedures, including programming;
(3)
Representing residents in their complaints to the department 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)
(1)
The department shall prescribe rules that encourage the establishment of family councils for residents' families to meet in the facility with the families of other residents.
(2)
The department 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 department 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
.
Amended by Act 2021, No. 1017,§ 13, eff. 7/28/2021.
Amended by Act 2021, No. 1017,§ 12, eff. 7/28/2021.
Amended by Act 2021, No. 1017,§ 11, eff. 7/28/2021.
Amended by Act 2019, No. 315,§ 1897, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 1896, eff. 7/24/2019.
Acts 1988 (4th Ex. Sess.), No. 17, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 10 - LONG-TERM CARE FACILITIES AND SERVICES (§§ 20-10-101 — 20-10-2510) › Subchapter 10 - OMNIBUS LONG-TERM CARE REFORM ACT OF 1988 (§§ 20-10-1001 — 20-10-1010) › Section 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
.
Acts 1988 (4th Ex. Sess.), No. 17, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 10 - LONG-TERM CARE FACILITIES AND SERVICES (§§ 20-10-101 — 20-10-2510) › Subchapter 10 - OMNIBUS LONG-TERM CARE REFORM ACT OF 1988 (§§ 20-10-1001 — 20-10-1010) › Section 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
.
Acts 1988 (4th Ex. Sess.), No. 17, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 10 - LONG-TERM CARE FACILITIES AND SERVICES (§§ 20-10-101 — 20-10-2510) › Subchapter 10 - OMNIBUS LONG-TERM CARE REFORM ACT OF 1988 (§§ 20-10-1001 — 20-10-1010) › Section 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.
Acts 1989, No. 663, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 10 - LONG-TERM CARE FACILITIES AND SERVICES (§§ 20-10-101 — 20-10-2510) › Subchapter 10 - OMNIBUS LONG-TERM CARE REFORM ACT OF 1988 (§§ 20-10-1001 — 20-10-1010) › Section 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.
Acts 2003, No. 1322, § 7.