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 18 - LONG-TERM CARE FACILITIES EMERGENCY GENERATOR ACT OF 2001 (§§ 20-10-1801 — 20-10-1804) › Section 20-10-1802 - Definitions

As used in this subchapter:
(1)
"Areas of refuge" means any hallways, corridors, dining facilities, lobbies, reception areas, or community rooms designated by the nursing facility and approved by the Office of Long-Term Care;
(2)
"Critical systems" means:
(A)
Heating systems;
(B)
Cooling systems;
(C)
Call light or nurse call system;
(D)
Illumination, heating and cooling, and life-support equipment or life-sustaining equipment in areas of refuge;
(E)
Alarm systems, including fire and smoke alarms and fire extinguishing systems;
(F)
Paging systems or speaker systems if intended for communication during an emergency;
(G)
Life-sustaining equipment and life-support equipment;
(H)
Refrigeration for medications and for food and liquids that require refrigeration;
(I)
Continuous operation of telephone systems;
(J)
Hot water circulation pumps and boiler rooms; and
(K)
Elevators in facilities with elevators;
(3)
"Existing facility" means a facility constructed or for which plans for construction have been approved by the Office of Long-Term Care, before April 13, 2001;
(4)
"Facility" means a nursing facility or nursing home; and
(5)
"New resident" means a person who has not been previously admitted to the nursing facility in the last fourteen (14) days.
Acts 2001, No. 1602, § 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 18 - LONG-TERM CARE FACILITIES EMERGENCY GENERATOR ACT OF 2001 (§§ 20-10-1801 — 20-10-1804) › Section 20-10-1804 - Penalties

(a)
(1)
If a nursing facility or nursing home fails to comply with this subchapter, the following penalties may be applied to the facility:
(A)
A fine not to exceed five thousand dollars ($5,000) may be assessed by the Department of Human Services for each month in which the facility fails to comply with any provision of this subchapter;
(B)
(i)
A fine not to exceed ten thousand dollars ($10,000) may be assessed by the department for each calendar day during which a facility lacks electrical power if the outage continues for more than eight (8) consecutive hours.
(ii)
However, the fine may be imposed if the facility fails to provide emergency power for life-sustaining equipment or life-support equipment and to exit lighting immediately upon loss of normal or regular power supplies;
(C)
In addition to any fine or other penalty, the facility may be prohibited from admitting new residents until the facility is in compliance with the requirements of this subchapter, as determined by the department; and
(D)
A fine not to exceed ten thousand dollars ($10,000) may be assessed by the department for each new admission that occurs during a period in which new admissions are prohibited.
(2)
Appeals from the imposition of any monetary penalty under this subchapter shall be made pursuant to §
20-10-208
.
(3)
Appeals from the imposition of a denial of new admissions under this subchapter shall be made pursuant to §
20-10-303
[repealed].
(b)
Penalties allowed under this subchapter may be waived by the department for any existing facility that is scheduled to be replaced by a new facility that is under construction as of June 1, 2002.
(c)
Penalties under this subchapter shall be waived when the generator is rendered inoperable due to natural disaster or other conditions beyond the control or authority of the facility and when the facility has taken reasonable actions to ensure the operation of the generator.
Amended by Act 2021, No. 1017,§ 17, eff. 7/28/2021.
Acts 2001, No. 1602, § 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 19 - DISPUTE RESOLUTION FOR LONG-TERM CARE FACILITIES (§§ 20-10-1901 — 20-10-1910) › Section 20-10-1901 - Purpose

(a)
The General Assembly finds that this subchapter is necessary to provide an alternative process to formal judicial or administrative appeals of deficiencies for long-term care facilities as a means for faster, more efficient, and less expensive resolution of disputes concerning deficiencies cited against long-term care facilities.
(b)
It is the intent of the General Assembly to provide a process supplemental to formal appeal that is both fair and impartial to all parties to address disputes between long-term care facilities and the Office of Long-Term Care when a deficiency is cited against a long-term care facility.
Acts 2003, No. 1108, § 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 19 - DISPUTE RESOLUTION FOR LONG-TERM CARE FACILITIES (§§ 20-10-1901 — 20-10-1910) › Section 20-10-1902 - Definitions

As used in this subchapter:
(1)
"Deficiency" means a violation or alleged violation by a long-term care facility of applicable state or federal laws, rules, or regulations governing the operation or licensure of a long-term care facility;
(2)
"Deficiency tag number" means an alphanumeric designation of a deficiency by the Office of Long-Term Care that denotes the applicable state or federal rule, regulation, or law allegedly violated and that is used on the statement of deficiencies;
(3)
(A)
"Impartial decision maker" means an individual employed by a state agency to conduct an informal dispute resolution hearing for the agency.
(B)
"Impartial decision maker" does not include an individual who is presently or has been within the previous twenty-four (24) months actively involved in any survey process under the Department of Human Services;
(4)
"Informal dispute resolution" means a nonjudicial process or forum before an impartial decision maker that provides a long-term care facility cited for deficiency with the opportunity to dispute a citation for deficiency;
(5)
"Long-term care facility" has the same meaning as under §
20-10-213
;
(6)
"Party" means a long-term care facility requesting an informal dispute resolution hearing or the office, or both;
(7)
"State survey agency" means the office, which is the federally designated state entity that performs Medicaid and Medicare surveys and inspections of Arkansas long-term care facilities; and
(8)
(A)
"Statement of deficiencies" means a statement prepared by the office citing the applicable state or federal laws, rules, or regulations violated by a long-term care facility and the facts supporting the citation.
(B)
A statement of deficiencies may also be referred to as a "2567".
Acts 2003, No. 1108, § 1; 2011, No. 1144, § 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 19 - DISPUTE RESOLUTION FOR LONG-TERM CARE FACILITIES (§§ 20-10-1901 — 20-10-1910) › Section 20-10-1903 - Informal dispute resolution hearing

(a)
Informal dispute resolution shall be conducted by the Department of Health.
(b)
The department shall assign all informal dispute resolution hearings to the unit or section charged with performing survey or inspection activity for hospitals and hospital-based skilled nursing facilities.
Acts 2003, No. 1108, § 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 19 - DISPUTE RESOLUTION FOR LONG-TERM CARE FACILITIES (§§ 20-10-1901 — 20-10-1910) › Section 20-10-1904 - Impartial decision maker - Qualifications

(a)
The impartial decision maker may be an individual or a committee of individuals employed by the Department of Health.
(b)
(1)
An impartial decision maker shall be a nurse, a physician, a pharmacist, or any combination of nurses, physicians, or pharmacists, employed by the department.
(2)
Each person acting as an impartial decision maker shall be licensed by the State of Arkansas by their respective licensing agencies or boards.
(c)
All impartial decision makers shall undergo and complete surveyor training arranged by the Office of Long-Term Care.
Acts 2003, No. 1108, § 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 19 - DISPUTE RESOLUTION FOR LONG-TERM CARE FACILITIES (§§ 20-10-1901 — 20-10-1910) › Section 20-10-1905 - Request for informal dispute resolution

(a)
A long-term care facility that wishes to challenge a deficiency shall make a written request to the Department of Health within ten (10) calendar days of the receipt of the statement of deficiencies from the Office of Long-Term Care.
(b)
The written request shall include:
(1)
A list of all deficiencies that the long-term care facility wishes to challenge; and
(2)
A statement indicating whether the long-term care facility wants the hearing to be conducted by telephone conference call, by record review of the impartial decision maker, or by a meeting in which the long-term care facility and the office appear before the impartial decision maker.
Acts 2003, No. 1108, § 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 19 - DISPUTE RESOLUTION FOR LONG-TERM CARE FACILITIES (§§ 20-10-1901 — 20-10-1910) › Section 20-10-1908 - Determination of impartial decision maker and Office of Long-Term Care

(a)
(1)
Upon the conclusion of all arguments by the parties, the impartial decision maker shall issue a written statement of findings that shall be entitled "Determinations".
(2)
The statement shall include:
(A)
A recitation of the deficiency tag numbers;
(B)
A statement of whether a disputed deficiency should remain, be removed, or be modified on the statement of deficiencies; and
(C)
The facts and persuasive arguments that support the impartial decision maker's finding for each deficiency tag number.
(b)
(1)
The determination of the impartial decision maker shall be provided to the parties.
(2)
(A)
The Office of Long-Term Care shall review the determination and shall issue a written document entitled "State Survey Agency Determination".
(B)
The state survey agency determination shall state:
(i)
Whether, for each disputed deficiency mentioned in the impartial decision maker's determination, the finding of the impartial decision maker is accepted, rejected, or accepted as modified by the state survey agency;
(ii)
For each deficiency finding by the impartial decision maker that the office does not accept the finding of the impartial decision maker, a statement explaining the reasons that the finding was not accepted along with the facts, circumstances, or reasons for not accepting the finding; and
(iii)
For each disputed deficiency finding of the impartial decision maker that the office accepts the finding with modification, a recitation of the modification and the reason or reasons for the modification.
(c)
A state survey agency determination is not subject to appeal, reargument, or reconsideration.
(d)
The office shall deliver a copy of the state survey agency determination to the long-term care facility and to the impartial decision maker.
(e)
(1)
In accordance with the state survey agency determination, the office shall issue an amended statement of deficiencies if the state survey agency determination results in modification to any deficiencies cited in the original statement of deficiencies.
(2)
If the office determines that amendments to the statement of deficiencies should result in changes to the scope or severity assigned to any deficiency, the amended statement of deficiencies shall reflect the changes to the scope or severity of any cited deficiency.
(f)
The amended statement of deficiencies shall be provided to the long-term care facility.
Acts 2003, No. 1108, § 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 19 - DISPUTE RESOLUTION FOR LONG-TERM CARE FACILITIES (§§ 20-10-1901 — 20-10-1910) › Section 20-10-1909 - Matters not subject to informal dispute resolution

(a)
(1)
The informal dispute resolution hearing is limited to deficiencies cited on a statement of deficiencies.
(2)
No other issues may be addressed at an informal dispute resolution hearing, including, but not limited to:
(A)
Scope and severity assessments of deficiencies unless the scope and severity assessments allege substandard quality of care or immediate jeopardy;
(B)
Any remedies imposed;
(C)
Any alleged failure of the survey team to comply with a requirement of the survey process;
(D)
Any alleged inconsistency of the survey team in citing deficiencies among long-term care facilities; and
(E)
Any alleged inadequacy or inaccuracy of the informal dispute resolution process.
(b)
If the impartial decision maker finds that matters not subject to informal dispute resolution are presented, the impartial decision maker shall strike all documentary evidence related to or presented for the purpose of disputing the matter not subject to informal dispute resolution.
(c)
The impartial decision maker may not include in the determination any matter not subject to informal dispute resolution.
Acts 2003, No. 1108, § 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 19 - DISPUTE RESOLUTION FOR LONG-TERM CARE FACILITIES (§§ 20-10-1901 — 20-10-1910) › Section 20-10-1910 - Effect of request for informal dispute resolution

A request for an informal dispute resolution shall not:
(1)
Stay any action for enforcement or imposition of remedies; or
(2)
Affect or preclude a facility's right to judicial or administrative appeal.
Acts 2003, No. 1108, § 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 20 - UNLICENSED LONG-TERM CARE FACILITIES ACT (§§ 20-10-2001 — 20-10-2007) › Section 20-10-2001 - Title

This subchapter shall be known and may be cited as the "Unlicensed Long-Term Care Facilities Act".
Acts 2005, No. 2191, § 10.
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 20 - UNLICENSED LONG-TERM CARE FACILITIES ACT (§§ 20-10-2001 — 20-10-2007) › Section 20-10-2002 - Purpose

The purpose of this subchapter is to protect the elderly and other vulnerable citizens of the State of Arkansas by ensuring that all facilities that offer assisted living or similar services are properly licensed and following the statutes and rules for long-term care facilities.
Acts 2005, No. 2191, § 10.
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 20 - UNLICENSED LONG-TERM CARE FACILITIES ACT (§§ 20-10-2001 — 20-10-2007) › Section 20-10-2003 - Definitions

As used in this subchapter:
(1)
"Assisted living facility" means the same as in §
20-10-1703
;
(2)
"Congregate services" means provision of group meals or any activities of daily living and instrumental activities of daily living provided in a group setting;
(3)
"Person" means an individual, partnership, association, corporation, or other entity;
(4)
"Residential care facility" means the same as in §
20-10-101
; and
(5)
"Supervision" means that an assisted living facility or a residential care facility monitors the condition or status of the resident as related to medical or personal care while in the facility.
Amended by Act 2019, No. 389,§ 22, eff. 7/24/2019.
Acts 2005, No. 2191, § 10.
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 20 - UNLICENSED LONG-TERM CARE FACILITIES ACT (§§ 20-10-2001 — 20-10-2007) › Section 20-10-2004 - Licensure

(a)
Any assisted living facility or residential care facility composed of a building or buildings, section, or distinct part of a building, whether operated for profit or not, shall be licensed as a long-term care facility by the Department of Human Services under §
20-10-224
and the rules promulgated by the department if the facility:
(1)
Houses more than three (3) individuals for a period exceeding twenty-four (24) hours;
(2)
Provides meals or other congregate services; and
(3)
Either:
(A)
Provides supervision of residents; or
(B)
Offers or provides assistance with activities of daily living, including without limitation:
(i)
Eating;
(ii)
Bathing;
(iii)
Dressing;
(iv)
Grooming;
(v)
Ambulating;
(vi)
Toileting; or
(vii)
Taking medications.
(b)
Facilities subject to the licensure requirement in subsection (a) of this section include those which:
(1)
Provide services either directly or through contractual arrangements; or
(2)
(A)
Facilitate contracting in the name of the residents.
(B)
Apartment house managers referring residents to home health or other service agencies are not facilitating contracting within the meaning of this subdivision (b)(2).
(c)
No facility may advertise or publicly represent that it provides assisted living or residential care or use other similar terms unless it is licensed under Arkansas law as an assisted living facility or residential care facility.
Amended by Act 2021, No. 1017,§ 22, eff. 7/28/2021.
Amended by Act 2021, No. 721,§ 3, eff. 7/28/2021.
Acts 2005, No. 2191, § 10.
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 20 - UNLICENSED LONG-TERM CARE FACILITIES ACT (§§ 20-10-2001 — 20-10-2007) › Section 20-10-2005 - Existing unlicensed facilities

(a)
Assisted living facilities and residential care facilities that are unlicensed on April 13, 2005, shall have until March 15, 2006, in which to apply for an assisted living facility license or residential care facility license.
(b)
Any assisted living facility or residential care facility that fails to become licensed on or before October 15, 2007, shall be subject to the provisions of §
20-10-2007
.
(c)
(1)
An assisted living facility or residential care facility shall be exempt from the state permit-of-approval process for purposes of this section if the facility obtains a license within the time provided in subsection (b) of this section.
(2)
After the time provided in subsection (b) of this section, the facility shall comply with the permit-of-approval process and methodology in all other respects.
(d)
The Department of Human Services shall report to the Health Services Permit Agency when a facility has been licensed without a state permit of approval under this section.
(e)
The agency shall take account of the new beds in its counting for need purposes under the permit-of-approval methodology.
Amended by Act 2021, No. 1017,§ 23, eff. 7/28/2021.
Acts 2005, No. 2191, § 10.
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 20 - UNLICENSED LONG-TERM CARE FACILITIES ACT (§§ 20-10-2001 — 20-10-2007) › Section 20-10-2006 - Application

(a)
This subchapter shall not apply to situations in which persons in independent apartments receive home health services as with the Meals on Wheels America program or other services by agencies such as the area agencies on aging but in which:
(1)
Congregate services are not offered; and
(2)
The situation is not advertised or publicly represented as assisted living, residential care, or a similar type of facility.
(b)
As used in this section, "congregate services" does not include:
(1)
Coordinating dining and social activities with a separately owned nonprofit senior citizen's center; or
(2)
Arrangements of other types between area agencies on aging and government-subsidized housing projects existing on April 13, 2005.
Acts 2005, No. 2191, § 10.
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 20 - UNLICENSED LONG-TERM CARE FACILITIES ACT (§§ 20-10-2001 — 20-10-2007) › Section 20-10-2007 - Penalties and enforcement

(a)
Each person establishing, conducting, managing, constructing, or operating an assisted living facility or residential care facility without a license in violation of this subchapter or using the terms "assisted living", "residential care", or similar term to promote the facility's services without first having obtained a license is subject to penalties under this chapter for operating an unlicensed long-term care facility.
(b)
The Department of Human Services shall have the same powers to enforce this subchapter as are authorized in §
20-10-215
.
(c)
(1)
The department may enter and inspect suspected unlicensed assisted living or residential care facilities, including any combination of separate entities working in concert within the meaning of §
20-10-215
without first having secured a warrant.
(2)
If a facility denies or refuses the department entry or denies, refuses, or interferes with inspection by the department, the department may apply for and shall be granted an injunction in the name of the state to prohibit the facility from operating until the department is permitted to enter and inspect the facility.
Acts 2005, No. 2191, § 10.
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 21 - ARKANSAS OPTIONS COUNSELING FOR LONG-TERM CARE PROGRAM (§§ 20-10-2101 — 20-10-2107) › Section 20-10-2101 - Definitions

As used in this subchapter:
(1)
"Long-term care facility" means a nursing facility or a licensed level II assisted living facility;
(2)
"Medicaid" means the medical assistance program established under §
20-77-101
et seq.;
(3)
"Nursing facility" has the same meaning as in §
20-10-1401
;
(4)
"Options counseling for long-term care" means the process of providing service under the Arkansas Options Counseling for Long-Term Care Program; and
(5)
"Representative" means a family member, attorney, hospital social worker, or any other person chosen by an individual to act on behalf of the individual:
(A)
Seeking a long-term care consultation; or
(B)
Admitted to a long-term care facility January 1, 2008, or later.
Acts 2007, No. 516, § 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 21 - ARKANSAS OPTIONS COUNSELING FOR LONG-TERM CARE PROGRAM (§§ 20-10-2101 — 20-10-2107) › Section 20-10-2102 - Admissions

(a)
A long-term care facility shall notify the Office of Long-Term Care no later than the next business day of all admissions.
(b)
Notification shall be made in the manner prescribed by the office.
Acts 2007, No. 516, § 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 21 - ARKANSAS OPTIONS COUNSELING FOR LONG-TERM CARE PROGRAM (§§ 20-10-2101 — 20-10-2107) › Section 20-10-2103 - Arkansas Options Counseling for Long-Term Care Program - Creation - Administration

(a)
The Arkansas Options Counseling for Long-Term Care Program is created within the Department of Human Services.
(b)
The program shall provide individuals or their representatives, or both, with long-term care consultations that shall include information about, at a minimum:
(1)
Long-term care options and costs;
(2)
An assessment of an individual's functional capabilities; and
(3)
The conducting of all or part of a professional review, assessment, and determination of appropriate long-term care options.
(c)
The program shall be administered by the department.
Acts 2007, No. 516, § 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 21 - ARKANSAS OPTIONS COUNSELING FOR LONG-TERM CARE PROGRAM (§§ 20-10-2101 — 20-10-2107) › Section 20-10-2104 - Eligibility

Each individual in the following categories may be provided with an options counseling for long-term care consultation:
(1)
An individual admitted to a long-term care facility regardless of payment source;
(2)
A long-term care facility resident who applies for Medicaid; and
(3)
An individual who requests a long-term care consultation.
Acts 2007, No. 516, § 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 21 - ARKANSAS OPTIONS COUNSELING FOR LONG-TERM CARE PROGRAM (§§ 20-10-2101 — 20-10-2107) › Section 20-10-2105 - Consultations - Timing - Content - Reporting

(a)
An options counseling for long-term care consultation required under this subchapter may be provided at any time, including either before or after the individual who is the subject of a long-term care consultation has been admitted to a long-term care facility.
(b)
The information provided through a long-term care consultation under this subchapter shall address all of the following:
(1)
The availability of long-term care options that are open to the individual;
(2)
Sources and methods of both public and private payment for long-term care services;
(3)
Factors to consider when choosing among the available programs, services, and benefits; and
(4)
Opportunities and methods for maximizing the independence and self-reliance of the individual, including support services provided by the individual's family, friends, and community.
(c)
An individual's long-term care consultation may include an assessment of the individual's functional capabilities and may be provided concurrently with any assessment required by the Department of Human Services.
(d)
(1)
At the conclusion of an individual's long-term care consultation, the department shall provide the individual or the individual's representative with a summary of options and resources available to meet the individual's needs.
(2)
Even though the summary may specify that a source of long-term care other than care in a long-term care facility is appropriate and available, the individual is not required to seek an alternative source of long-term care and may be admitted to or continue to reside in a long-term care facility.
Acts 2007, No. 516, § 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 21 - ARKANSAS OPTIONS COUNSELING FOR LONG-TERM CARE PROGRAM (§§ 20-10-2101 — 20-10-2107) › Section 20-10-2106 - Rules

The Secretary of the Department of Human Services shall adopt rules necessary to implement and administer this subchapter, including without limitation:
(1)
Procedures for a long-term care facility to notify the Office of Long-Term Care of admissions; and
(2)
(A)
Procedures by which a person in a long-term care facility may decline options counseling for long-term care.
(B)
(i)
These procedures shall include a form promulgated by the Department of Human Services for use by a long-term care facility.
(ii)
The form shall be limited to one (1) page and shall:
(a)
Be orally read to the resident or, if applicable, the resident's representative by long-term care facility staff except as provided in this subdivision (2)(B)(ii);
(b)
List the date;
(c)
State the name of the resident or, if applicable, the resident's representative;
(d)
Contain checkboxes indicating that:
(1)
The office was notified of the admission;
(2)
The form was not read orally to the resident or resident's representative because the resident lacks decisional capacity and does not have a representative; and
(3)
The resident or the resident's representative declined the options counseling for long-term care;
(e)
Contain a statement and an acknowledgment that options counseling for long-term care is an optional program and may be declined by execution of the form;
(f)
Be signed by the resident or, if applicable, the resident's representative; and
(g)
Be retained by the long-term care facility in the resident's admission file for eighteen (18) months or until the next standard survey, whichever is longer.
Amended by Act 2019, No. 910,§ 5189, eff. 7/1/2019.
Acts 2007, No. 516, § 1; 2009, No. 952, § 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 21 - ARKANSAS OPTIONS COUNSELING FOR LONG-TERM CARE PROGRAM (§§ 20-10-2101 — 20-10-2107) › Section 20-10-2107 - Fees

(a)
After the first three (3) failures of a long-term care facility to complete the form required under §
20-10-2106
in any calendar year, the Department of Human Services shall assess a fee against the long-term care facility of twenty-five dollars ($25.00) for each failure beyond three (3), with an annual maximum fee of one thousand two hundred dollars ($1,200).
(b)
A long-term care facility assessed a fee under this section may appeal the assessment under §
20-10-208
.
Acts 2007, No. 516, § 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 22 - LONG-TERM CARE QUALITY ASSURANCE (§§ 20-10-2201 — 20-10-2205) › Section 20-10-2201 - Purpose - Findings

(a)
The purpose of the quality assurance committee in a long-term care facility is to evaluate and improve the quality of health care rendered to residents of the facility.
(b)
The General Assembly finds that:
(1)
Confidentiality of committee proceedings and records is key to improving the quality of care in long-term care facilities by promoting thorough and candid discussions for a full review and analysis of care processes; and
(2)
The work of the quality assurance committee is an ongoing process in which individuals from various disciplines meet as a committee to:
(A)
Ensure that current practice standards are maintained;
(B)
Prevent deviations from care practices to the extent possible;
(C)
Track, trend, and identify care concerns; and
(D)
Correct inappropriate care processes.
Acts 2009, No. 198, § 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 22 - LONG-TERM CARE QUALITY ASSURANCE (§§ 20-10-2201 — 20-10-2205) › Section 20-10-2202 - Applicability - Scope

(a)
This subchapter applies to long-term care facilities as those entities are defined in §
20-10-101
.
(b)
This subchapter does not expand, limit, or constrict any other privilege, particularly a privilege under §
16-46-105
, §
20-9-502
, or §
20-9-503
.
Acts 2009, No. 198, § 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 22 - LONG-TERM CARE QUALITY ASSURANCE (§§ 20-10-2201 — 20-10-2205) › Section 20-10-2203 - Liability of quality assurance committee members - Construction

(a)
A cause of action for damages or monetary liability shall not arise against a member of the quality assurance committee for an act or proceeding undertaken or performed within the scope of the functions of the quality assurance committee if the committee member acts without malice or fraud.
(b)
This subchapter does not confer immunity from liability on an individual while performing services other than as a member of a quality assurance committee.
Acts 2009, No. 198, § 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 22 - LONG-TERM CARE QUALITY ASSURANCE (§§ 20-10-2201 — 20-10-2205) › Section 20-10-2205 - Duty to advise quality assurance committees

Upon a request of a quality assurance committee reviewing care provided in a long-term care facility, a physician, administrator, nurse, certified nurse's aide, nurse's aide-in-training, or other individual engaged in work in or about the long-term care facility and having information or knowledge relating to the care provided in the long-term care facility shall advise the quality assurance committee concerning all the relevant facts or information possessed by the individual concerning the quality of care provided in the long-term care facility.
Acts 2009, No. 198, § 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 23 - PERSONAL CARE SERVICE PROVIDERS (§§ 20-10-2301 — 20-10-2304) › Section 20-10-2301 - Purpose and intent

(a)
The General Assembly recognizes that in order to provide for appropriate health care for all Arkansans:
(1)
Personal care service providers are a vital component in the recovery from an illness or an injury;
(2)
Sufficient personal care service providers should be available to meet the needs of all eligible recipients; and
(3)
Personal care service providers should be allowed to provide in-home personal care service to eligible recipients twenty-four (24) hours a day and seven (7) days a week.
(b)
It is the purpose of this subchapter to:
(1)
Allow a private care agency to provide in-home personal care services twenty-four (24) hours a day and seven (7) days a week to eligible recipients;
(2)
Provide for the reimbursement of the personal care services through Medicaid; and
(3)
Authorize the Department of Human Services in its administration of the Arkansas Medicaid Program to set forth Medicaid provider participation requirements for a private care agency that will ensure sufficient available personal care service providers in order to meet the needs of all eligible recipients, including available in-home personal care services twenty-four (24) hours a day and seven (7) days a week.
(c)
This subchapter does not supersede department rules that establish monthly benefit limits and prior authorization requirements.
(d)
The department is not required to reimburse a private care agency for twenty-four-hour-a-day and seven-day-a-week personal care services.
Acts 2009, No. 5, § 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 23 - PERSONAL CARE SERVICE PROVIDERS (§§ 20-10-2301 — 20-10-2304) › Section 20-10-2302 - Definitions

As used in this subchapter, "private care agency" means a provider that is certified by the Division of Provider Services and Quality Assurance as a provider of home- and community-based health services and that:
(1)
Furnishes in-home staffing services for personal and attendant care services; and
(2)
Retains liability insurance of not less than one million dollars ($1,000,000) to cover its employees and independent contractors while its employees and independent contractors are engaged in providing personal and attendant care services.
Amended by Act 2023, No. 164,§ 1, eff. 8/1/2023.
Amended by Act 2017, No. 591,§ 2, eff. 8/1/2017.
Acts 2009, No. 5, § 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 23 - PERSONAL CARE SERVICE PROVIDERS (§§ 20-10-2301 — 20-10-2304) › Section 20-10-2303 - Private care agencies eligible for Medicaid reimbursement

The Division of Medical Services shall take such action as required by the Centers for Medicare & Medicaid Services to amend the Arkansas Medicaid Manual to include private care agencies that provide personal care services twenty-four (24) hours a day and seven (7) days a week as a qualified healthcare provider that is eligible for Medicaid reimbursement.
Acts 2009, No. 5, § 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 23 - PERSONAL CARE SERVICE PROVIDERS (§§ 20-10-2301 — 20-10-2304) › Section 20-10-2304 - Rules

(a)
The State Board of Health shall promulgate rules necessary to implement this subchapter.
(b)
To be eligible for reimbursement under this subchapter, the private care agency shall provide personal care services that comply with rules promulgated by the board.
(c)
The board shall:
(1)
Establish a separate licensure category for private care agencies that provide personal care services twenty-four (24) hours a day and seven (7) days a week;
(2)
(A)
Adopt, promulgate, and enforce rules and standards as necessary to implement this subchapter.
(B)
A rule adopted to implement this subchapter shall be amended or repealed by the board as in the interest of the public through the Arkansas Administrative Procedure Act, §
25-15-201
et seq.;
(3)
Require that:
(A)
(i)
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)
A private care agency maintain a primary location in Arkansas and a sufficient number of regional offices to adequately service the administrative needs of the private care agency and the patients of the private care agency; and
(4)
Not require:
(A)
A registered nurse to visit a patient every sixty-two (62) days to supervise services; or
(B)
A branch office of a private care agency to be within a one-hundred-mile radius of a patient's home.
(d)
The Department of Health shall implement the board's rules and supervise the conduct of the private care agencies as defined under this subchapter.
Amended by Act 2019, No. 811,§ 1, eff. 7/24/2019.
Acts 2009, No. 5, § 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 24 - COST-REPORTING OF ASSISTED LIVING FACILITIES (§§ 20-10-2401 — 20-10-2405) › Section 20-10-2401 - Definitions

As used in this subchapter:
(1)
"Cost report" means all the cost-reporting forms, schedules, filing certifications, compilation reports, attachments, and supplemental information specified by the instructions of the Department of Human Services; and
(2)
"Room and board" means all property-related costs, including rental or purchase of real estate, construction costs, interest, depreciation, furnishings, equipment, utilities, maintenance of buildings and grounds, maintenance of equipment and furnishings, building and other property insurance, repairs, renovations, improvements, real estate taxes, and related administrative services, and food expenses for three (3) meals a day or other full nutritional regimen.
Added by Act 2023, No. 198,§ 1, eff. 8/1/2023.
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 24 - COST-REPORTING OF ASSISTED LIVING FACILITIES (§§ 20-10-2401 — 20-10-2405) › Section 20-10-2403 - Extensions

(a)
If an assisted living facility experiences difficulty in completing their cost report by the due date, the assisted living facility may request an extension from the Department of Human Services.
(b)
An extension request shall be filed in writing with the department before the due date and describe the difficulties affecting timely completion.
(c)
Extensions are at the discretion of the department and shall not exceed sixty (60) days per facility per year.
Added by Act 2023, No. 198,§ 1, eff. 8/1/2023.
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 25 - DEMENTIA TRAINING FOR COVERED STAFF MEMBERS (§§ 20-10-2501 — 20-10-2510) › Section 20-10-2501 - Legislative intent

It is the intent of the General Assembly to:
(1)
Set minimum training requirements for staff members who are employed by an assisted living facility that includes persons with Alzheimer's disease or other dementias in the populations served; and
(2)
Address gaps in current dementia training requirements for covered staff members and improve the quality of training.
Added by Act 2023, No. 335,§ 1, eff. 8/1/2023.
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 25 - DEMENTIA TRAINING FOR COVERED STAFF MEMBERS (§§ 20-10-2501 — 20-10-2510) › Section 20-10-2502 - Definitions

As used in this subchapter:
(1)
"Covered administrative staff member" means senior personnel at a facility, including administrators as well as managerial staff members, who directly supervise covered direct service staff members;
(2)
(A)
"Covered direct service staff member" means a staff member whose work involves extensive contact with residents or program participants.
(B)
"Covered direct service staff member" includes:
(i)
A certified nursing assistant;
(ii)
A nurse aide;
(iii)
A personal care assistant;
(iv)
A personal care aide;
(v)
A licensed practical nurse;
(vi)
A licensed vocational nurse;
(vii)
A registered nurse;
(viii)
An activity director; and
(ix)
A staff member who provides direct patient care to a resident;
(3)
"Covered staff member" means a covered direct service staff member, covered administrative staff member, and other covered staff member;
(4)
"Facility" means a residential facility that provides supportive services and that has residents with Alzheimer's disease or other dementias, including without limitation an assisted living facility;
(5)
"Other covered staff member" means a staff member who has incidental contact on a recurring basis with residents or program participants, front desk staff, administrative staff, and other individuals who have incidental contact; and
(6)
"Staff member" means a full-time or part-time employee of a facility.
Added by Act 2023, No. 335,§ 1, eff. 8/1/2023.
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 25 - DEMENTIA TRAINING FOR COVERED STAFF MEMBERS (§§ 20-10-2501 — 20-10-2510) › Section 20-10-2503 - Dementia training for covered staff members

(a)
A facility shall provide initial training to:
(1)
All covered staff members:
(A)
On or after August 1, 2023; or
(B)
Within ninety (90) days of the start of their employment; and
(2)
All covered staff members who were employed before August 1, 2023, and who have not received equivalent training within the past twenty-four (24) months.
(b)
Initial training requirements shall be completed within ninety (90) days of that date.
(c)
A facility shall:
(1)
Establish procedures for ongoing staff support regarding the treatment and care of persons with dementia, which shall include on-site mentoring programs and other support mechanisms;
(2)
Identify and designate standardized trainings, including online trainings, that meet the requirements of this subchapter; and
(3)
Issue a certificate to covered staff members upon completion of initial training, which shall be portable between settings within the state.
(d)
If a covered staff member does not have a lapse of dementia-related direct service or administration employment for twenty-four (24) consecutive months or more, the covered staff member shall not be required to repeat the initial dementia training.
(e)
A covered staff member is responsible for maintaining documentation regarding completed dementia trainings and evaluations.
Added by Act 2023, No. 335,§ 1, eff. 8/1/2023.