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 9 - HEALTH FACILITIES AND SERVICES GENERALLY (§§ 20-9-101 — 20-9-1504) › Subchapter 13 - ARKANSAS PEER REVIEW FAIRNESS ACT (§§ 20-9-1301 — 20-9-1313) › Section 20-9-1306 - Suspensions

(a)
If failure to take a professional review action may result in an imminent danger to the health of any individual, the hospital may immediately suspend or restrict the medical staff membership or clinical privileges of a physician.
(b)
If an action is taken under subsection (a) of this section, then the hospital shall follow all the other provisions of this subchapter as soon as practicable following the suspension or restriction.
(c)
In the case of a suspension or restriction of clinical privileges, for a period of not longer than fourteen (14) days, during which an investigation is being conducted to determine the need for a professional review action:
(1)
No hearing is required to be held regarding the suspension;
(2)
The parties shall comply with §
20-9-1309
and all other applicable provisions of this subchapter; and
(3)
The physician shall be given the opportunity to discuss the case with the individual or individuals conducting the investigation during the fourteen (14) days before any recommendation or decision is made about continuing the suspension or restriction.
Amended by Act 2017, No. 975,§ 3, eff. 8/1/2017.
Added by Act 2013, No. 766,§ 1, eff. 8/16/2013.
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 9 - HEALTH FACILITIES AND SERVICES GENERALLY (§§ 20-9-101 — 20-9-1504) › Subchapter 13 - ARKANSAS PEER REVIEW FAIRNESS ACT (§§ 20-9-1301 — 20-9-1313) › Section 20-9-1307 - [Repealed]

Repealed by Act 2017, No. 975,§ 4, eff. 8/1/2017.
Added by Act 2013, No. 766,§ 1, eff. 8/16/2013.
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 9 - HEALTH FACILITIES AND SERVICES GENERALLY (§§ 20-9-101 — 20-9-1504) › Subchapter 13 - ARKANSAS PEER REVIEW FAIRNESS ACT (§§ 20-9-1301 — 20-9-1313) › Section 20-9-1308 - Relationship to other laws and regulations

(a)
(1)
Except as provided in subsection (b) of this section, professional review activities are within the categories of records and proceedings that are exempt from discovery and disclosure under state law, including without limitation §
16-46-105(a)(1)
and §
20-9-503
.
(2)
This subchapter does not affect the admissibility in evidence in any action or proceeding of the medical records of any patient.
(b)
This subchapter does not:
(1)
Abrogate the immunity provisions of the Health Care Quality Improvement Act of 1986,
42 U.S.C. § 11101
et seq., or the confidentiality or immunity provisions of §
16-46-105
, §
17-1-102
, or §
20-9-501
et seq.; or
(2)
Prevent discovery and admissibility of evidence from the professional review activities if the legal action is brought by a physician who has been subjected to the professional review activity or action.
Amended by Act 2017, No. 975,§ 5, eff. 8/1/2017.
Added by Act 2013, No. 766,§ 1, eff. 8/16/2013.
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 9 - HEALTH FACILITIES AND SERVICES GENERALLY (§§ 20-9-101 — 20-9-1504) › Subchapter 13 - ARKANSAS PEER REVIEW FAIRNESS ACT (§§ 20-9-1301 — 20-9-1313) › Section 20-9-1309 - Standards for investigations

(a)
A physician shall be informed in writing within five (5) business days of the date that the physician becomes a subject of an investigation.
(b)
Before a professional review body makes a recommendation as a result of an investigation, the physician under review shall be given an opportunity to have a meeting with the professional review body to discuss the matter without the presence of attorneys.
(c)
(1)
(A)
If the professional review body decides to use an external review during the investigation, physicians serving on the professional review body that is conducting the investigation are responsible for selecting any external reviewers and the method of selecting cases for review.
(B)
However, the physicians serving on the professional review body may seek input regarding the selection described under subdivision (c)(1)(A) of this section from the physician under review or other individuals.
(2)
The physician under review shall be included on any substantive communications by any party with the external reviewers selected under subdivision (c)(1)(A) of this section.
(d)
At the conclusion of the investigation, the physician under review shall be informed of the determination of the professional review body.
Added by Act 2017, No. 975,§ 6, eff. 8/1/2017.
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 9 - HEALTH FACILITIES AND SERVICES GENERALLY (§§ 20-9-101 — 20-9-1504) › Subchapter 13 - ARKANSAS PEER REVIEW FAIRNESS ACT (§§ 20-9-1301 — 20-9-1313) › Section 20-9-1311 - Nonwaivable

(a)
Unless part of a mutually agreed upon mediation or settlement, a provision in an agreement, policy, procedure, or contract, including bylaws, that purports to waive any provision of this subchapter is void.
(b)
However, the time periods for compliance with procedural requirements may be waived by mutual consent of the parties on a case-by-case basis.
Added by Act 2017, No. 975,§ 6, eff. 8/1/2017.
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 9 - HEALTH FACILITIES AND SERVICES GENERALLY (§§ 20-9-101 — 20-9-1504) › Subchapter 13 - ARKANSAS PEER REVIEW FAIRNESS ACT (§§ 20-9-1301 — 20-9-1313) › Section 20-9-1312 - Applicability

On and after August 1, 2017, this subchapter shall apply to any investigation or professional review activity at any stage.
Added by Act 2017, No. 975,§ 6, eff. 8/1/2017.
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 9 - HEALTH FACILITIES AND SERVICES GENERALLY (§§ 20-9-101 — 20-9-1504) › Subchapter 13 - ARKANSAS PEER REVIEW FAIRNESS ACT (§§ 20-9-1301 — 20-9-1313) › Section 20-9-1313 - Remedy

(a)
Within sixty (60) days of a final decision that adversely affects a physician, a physician may file a petition to remedy a violation of this subchapter by filing the petition in:
(1)
The circuit court of the county in which the professional review activity occurred; or
(2)
The circuit court of an adjoining county.
(b)
(1)
After receiving a petition, the court shall review the record of the professional review activities and professional review action.
(2)
The record shall consist of:
(A)
The transcripts and minutes of any meetings or hearings;
(B)
Correspondence;
(C)
Internal and external reviews; and
(D)
All other relevant information pertaining to the matter before the professional review body.
(3)
The hospital shall transmit the record, but the court may require or permit subsequent corrections or additions to the record.
(4)
The review conducted by the court shall be confined to the record, except upon a showing of good cause to go beyond the record.
(5)
The court may hear, upon request, oral arguments and receive written briefs.
(6)
Absent a showing of bad faith, a member of the medical staff who participated in the professional review activity shall not be compelled to testify in court under this subsection.
(c)
Except as provided in subsection (e) of this section, the court may order any relief within the purview of the circuit court to remedy the violation of this subchapter.
(d)
(1)
If a physician prevails under this section, the physician shall be entitled to reasonable attorney's fees, costs, and expenses as determined by the court.
(2)
A defendant who prevails shall be entitled to reasonable attorney's fees, costs, and expenses as determined by the court to the extent permitted under the Health Care Quality Improvement Act of 1986,
42 U.S.C. § 11113
, as existing on January 1, 2017.
(e)
Except as expressly permitted by state law or federal law, a professional review body or its members, agents, or employees are not liable for civil damages as a result of making a decision or recommendation in good faith in connection with a professional review activity or professional review action or furnishing any records, information, or assistance in good faith to a professional review body in connection with a professional review activity.
(f)
(1)
The remedies provided for in this section do not supplant any other remedy available under law to a physician.
(2)
If a physician has more than one (1) cause of action, all causes of action may be joined in the same pleading.
Added by Act 2017, No. 975,§ 7, eff. 4/7/2017.
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 9 - HEALTH FACILITIES AND SERVICES GENERALLY (§§ 20-9-101 — 20-9-1504) › Subchapter 14 - CARTER'S LAW: THE SHAKEN BABY SYNDROME EDUCATION PROGRAM (§§ 20-9-1401 — 20-9-1405) › Section 20-9-1401 - Definitions

As used in this subchapter:
(1)
"Childcare facility" means a facility licensed under the Childcare Facility Licensing Act, §
20-78-201
et seq.;
(2)
"Freestanding birthing center" means a facility, institution, or place, which is not an ambulatory surgical center or a hospital or in a hospital, organized to provide family-centered maternity care for women and childbearing families in which births are planned to occur in a homelike atmosphere away from the mothers' residences following a low-risk pregnancy;
(3)
"Hospital" means an institution that has been licensed, certified, or approved by the Division of Health Facilities Services as a hospital;
(4)
(A)
"Maternity unit" means a unit or place in a hospital in which women are regularly received and provided care during all or part of the maternity cycle.
(B)
"Maternity unit" does not include an emergency department or similar place dedicated to providing emergency health care;
(5)
"Parent" means:
(A)
Either parent;
(B)
If the parents are separated or divorced or their marriage has been dissolved or annulled, the parent who is the residential parent and legal custodian of the child; and
(C)
A prospective adoptive parent with whom a child is placed; and
(6)
"Shaken baby syndrome" means signs and symptoms resulting from the violent shaking or the shaking and impacting of the head of an infant or child, including without limitation:
(A)
Retinal hemorrhage;
(B)
Subdural hematoma; and
(C)
Cerebral edema.
Added by Act 2013, No. 1208,§ 2, eff. 8/16/2013.
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 9 - HEALTH FACILITIES AND SERVICES GENERALLY (§§ 20-9-101 — 20-9-1504) › Subchapter 14 - CARTER'S LAW: THE SHAKEN BABY SYNDROME EDUCATION PROGRAM (§§ 20-9-1401 — 20-9-1405) › Section 20-9-1402 - Shaken baby syndrome education program established

(a)
The Secretary of the Department of Health shall establish the shaken baby syndrome education program by:
(1)
Not later than one (1) year after August 16, 2013, developing educational materials that present readily comprehensible information for new parents on shaken baby syndrome; and
(2)
Making available on the Department of Health website in an easily accessible format the educational materials developed under subdivision (a)(1) of this section.
(b)
(1)
An individual or entity may create educational materials concerning shaken baby syndrome.
(2)
An individual or entity that develops educational materials under subdivision (b)(1) of this section shall submit the materials for approval by the department before distributing the educational materials.
(3)
If the department approves educational materials submitted under subdivision (b)(2) of this section, the individual or entity may distribute the educational materials at the individual's or entity's expense.
(c)
(1)
Annually beginning on or before January 1, 2014, the secretary shall assess the effectiveness of the shaken baby syndrome education program.
(2)
The department shall submit a biennial report of the assessment under subdivision (c)(1) of this section to the Chair of the House Committee on Public Health, Welfare, and Labor and the Chair of the Senate Committee on Public Health, Welfare, and Labor.
Amended by Act 2019, No. 910,§ 4979, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 4978, eff. 7/1/2019.
Added by Act 2013, No. 1208,§ 2, eff. 8/16/2013.
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 9 - HEALTH FACILITIES AND SERVICES GENERALLY (§§ 20-9-101 — 20-9-1504) › Subchapter 14 - CARTER'S LAW: THE SHAKEN BABY SYNDROME EDUCATION PROGRAM (§§ 20-9-1401 — 20-9-1405) › Section 20-9-1403 - Distribution of shaken baby syndrome educational materials

(a)
A copy of the shaken baby syndrome educational materials developed under §
20-9-1402
or comparable material shall be distributed:
(1)
By a child birth educator, a pediatric physician's office, or an obstetrician's office to an expectant parent who uses the services of the child birth educator or staff;
(2)
By a hospital or freestanding birthing center in which a child is born to the child's parent who is present at the hospital or freestanding birthing center before the child is discharged from the facility;
(3)
By a childcare facility to the parent with whom the child resides; and
(4)
By a childcare facility to each employee of the childcare facility.
(b)
An entity or a person required to distribute educational materials under subsection (a) of this section is not subject to civil or criminal liability for an injury, a death, or a loss to a person or property resulting from the dissemination of, or failure to disseminate, the educational materials.
Added by Act 2013, No. 1208,§ 2, eff. 8/16/2013.
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 9 - HEALTH FACILITIES AND SERVICES GENERALLY (§§ 20-9-101 — 20-9-1504) › Subchapter 14 - CARTER'S LAW: THE SHAKEN BABY SYNDROME EDUCATION PROGRAM (§§ 20-9-1401 — 20-9-1405) › Section 20-9-1404 - Data on shaken baby syndrome

(a)
At the conclusion of a child maltreatment investigation under the Child Maltreatment Act, §
12-18-101
et seq., if a child has been shaken or has an abusive or nonaccidental head trauma, the investigative agency shall identify the type of physical abuse in the child welfare information system.
(b)
The Department of Human Services shall include data on the number of children who suffer abusive head trauma, nonaccidental head trauma, and shaken baby syndrome in the annual Arkansas Child Welfare Report Card required under §
9-32-204
.
Added by Act 2013, No. 1208,§ 2, eff. 8/16/2013.
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 9 - HEALTH FACILITIES AND SERVICES GENERALLY (§§ 20-9-101 — 20-9-1504) › Subchapter 14 - CARTER'S LAW: THE SHAKEN BABY SYNDROME EDUCATION PROGRAM (§§ 20-9-1401 — 20-9-1405) › Section 20-9-1405 - Rules

The State Board of Health shall adopt rules to implement this subchapter.
Added by Act 2013, No. 1208,§ 2, eff. 8/16/2013.
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 9 - HEALTH FACILITIES AND SERVICES GENERALLY (§§ 20-9-101 — 20-9-1504) › Subchapter 15 - ARKANSAS SAVE ADOLESCENTS FROM EXPERIMENTATION (SAFE) › Section 20-9-1502 - Prohibition of gender transition procedures for minors

(a)
A physician or other healthcare professional shall not provide gender transition procedures to any individual under eighteen (18) years of age.
(b)
A physician or other healthcare professional shall not refer any individual under eighteen (18) years of age to any healthcare professional for gender transition procedures.
(c)
A physician or other healthcare professional is not prohibited from providing any of the following procedures which are not gender transition procedures to an individual under eighteen (18) years of age:
(1)
Services to persons born with a medically verifiable disorder of sex development, including a person with external biological sex characteristics that are irresolvably ambiguous, such as those born with 46 XX chromosomes with virilization, 46 XY chromosomes with undervirilization, or having both ovarian and testicular tissue;
(2)
Services provided when a physician has otherwise diagnosed a disorder of sexual development that the physician has determined through genetic or biochemical testing that the person does not have normal sex chromosome structure, sex steroid hormone production, or sex steroid hormone action;
(3)
The treatment of any infection, injury, disease, or disorder that has been caused by or exacerbated by the performance of gender transition procedures, whether or not the gender transition procedure was performed in accordance with state and federal law or whether or not funding for the gender transition procedure is permissible under this subchapter; or
(4)
Any procedure undertaken because the individual suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the individual in imminent danger of death or impairment of major bodily function unless surgery is performed.
Added by Act 2021, No. 626,§ 3, eff. 7/28/2021.
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 9 - HEALTH FACILITIES AND SERVICES GENERALLY (§§ 20-9-101 — 20-9-1504) › Subchapter 15 - ARKANSAS SAVE ADOLESCENTS FROM EXPERIMENTATION (SAFE) › Section 20-9-1503 - Prohibition on use of public funds for gender transition procedures

(a)
Public funds shall not be directly or indirectly used, granted, paid, or distributed to any entity, organization, or individual that provides gender transition procedures to an individual under eighteen (18) years of age.
(b)
Healthcare services furnished in the following situations shall not include gender transition procedures to an individual under eighteen (18) years of age:
(1)
By or in a healthcare facility owned by the state or a county or local government; or
(2)
By a physician or other healthcare professional employed by state or a county or local government.
(c)
Any amount paid by an individual or an entity during a taxable year for provision of gender transition procedures or as premiums for healthcare coverage that includes coverage for gender transition procedures is not tax-deductible.
(d)
The Arkansas Medicaid Program shall not reimburse or provide coverage for gender transition procedures to an individual under eighteen (18) years of age.
Added by Act 2021, No. 626,§ 3, eff. 7/28/2021.
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 9 - HEALTH FACILITIES AND SERVICES GENERALLY (§§ 20-9-101 — 20-9-1504) › Subchapter 15 - ARKANSAS SAVE ADOLESCENTS FROM EXPERIMENTATION (SAFE) › Section 20-9-1504 - Enforcement

(a)
Any referral for or provision of gender transition procedures to an individual under eighteen (18) years of age is unprofessional conduct and is subject to discipline by the appropriate licensing entity or disciplinary review board with competent jurisdiction in this state.
(b)
A person may assert an actual or threatened violation of this subchapter as a claim or defense in a judicial or administrative proceeding and obtain compensatory damages, injunctive relief, declaratory relief, or any other appropriate relief.
(c)
(1)
A person shall bring a claim for a violation of this subchapter no later than two (2) years after the day the cause of action accrues.
(2)
An individual under eighteen (18) years of age may bring an action throughout their minority through a parent or next friend, and may bring an action in their own name upon reaching majority at any time from that point until twenty (20) years after reaching the age of majority.
(d)
Notwithstanding any other provision of law, an action under this subchapter may be commenced, and relief may be granted, in a judicial proceeding without regard to whether the person commencing the action has sought or exhausted available administrative remedies.
(e)
In any action or proceeding to enforce a provision of this subchapter, a prevailing party who establishes a violation of this subchapter shall recover reasonable attorneys' fees.
(f)
(1)
The Attorney General may bring an action to enforce compliance with this subchapter.
(2)
This subchapter does not deny, impair, or otherwise affect any right or authority of the Attorney General, the State of Arkansas, or any agency, officer, or employee of the state, acting under any law other than this subchapter, to institute or intervene in any proceeding.
Added by Act 2021, No. 626,§ 3, eff. 7/28/2021.
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 1 - GENERAL PROVISIONS (§§ 20-10-101 — 20-10-113) › Section 20-10-103 - Post-acute head injury treatment facilities

(a)
No certificate of need or permit shall be required under any law in connection with facilities offering head injury retraining and rehabilitation.
(b)
Post-acute head injury residential facilities shall not be eligible to receive any state Medicare or Medicaid moneys.
Acts 1987, No. 602, § 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 1 - GENERAL PROVISIONS (§§ 20-10-101 — 20-10-113) › Section 20-10-104 - Photographing prohibited - Exceptions

(a)
Except as provided in subsection (d) or subsection (e) of this section, a resident of a long-term care facility in this state shall not be photographed without obtaining prior written consent from the resident or, in cases of incapacity, from the guardian or legal representative of the resident.
(b)
(1)
When an employee or agent of a long-term care facility photographs a resident under conditions in which consent is required, the evidence of the consent shall be maintained in the file of the resident at the long-term care facility.
(2)
The consent described in subdivision (b)(1) of this section shall be continuously effective unless the consent is rescinded in writing by the resident or the guardian or legal representative of the resident.
(c)
Failure to obtain consent before photographing a resident in a long-term care facility shall be a Class B misdemeanor.
(d)
This section does not prevent:
(1)
A person licensed under the Arkansas Medical Practices Act, §
17-95-201
et seq., §
17-95-301
et seq., and §
17-95-401
et seq., from photographing a patient for purposes of medical treatment;
(2)
A person licensed by the Arkansas State Board of Nursing from photographing a patient for purposes of medical treatment;
(3)
Facility staff or agents from photographing a resident of a long-term care facility on social occasions; or
(4)
The taking of a photograph by security cameras or other devices for the safety or security of residents.
(e)
(1)
The photographing of residents is permitted without written consent from the resident or the guardian or legal representative of the resident when the photographing is in connection with a survey or investigation made by the Department of Human Services, the office of the Attorney General, or the United States Department of Health and Human Services, or any agent of the listed entities while in the course of:
(A)
Licensure inspections;
(B)
Medicaid certification;
(C)
A complaint investigation; or
(D)
An investigation of allegations of abuse or neglect of residents or misappropriation of residents' property.
(2)
Under the circumstances listed in subdivision (e)(1) of this section, the photographs shall be used only for evidentiary purposes concerning the alleged violations and shall not be released to the media or to the public but shall be made available to the facility if utilized to impose a remedy or to set forth a statement of deficiency.
Amended by Act 2017, No. 568,§ 1, eff. 8/1/2017.
Acts 1989, No. 33, § 2; 1999, No. 709, § 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 1 - GENERAL PROVISIONS (§§ 20-10-101 — 20-10-113) › Section 20-10-105 - Residential care facility - Ineligibility for reimbursement - Exclusions

(a)
Any facility that meets the definition of a residential care facility as defined by the Department of Human Services that has not been licensed or certified by the appropriate state agency or has not received a permit of approval from the Health Services Permit Agency shall not be eligible for any reimbursement from state revenues for any services that the facility offers.
(b)
This section does not apply to residential care facilities that have been exempted by law from the permit-of-approval process.
Amended by Act 2021, No. 1017,§ 1, eff. 7/28/2021.
Acts 1991, No. 1085, § 25; 1991, No. 922, § 16; 2001, No. 1800, § 15; 2005, No. 2191, § 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 1 - GENERAL PROVISIONS (§§ 20-10-101 — 20-10-113) › Section 20-10-106 - Nursing home alternatives - Income eligibility for participation in state funding

(a)
The maximum income eligibility for participation in state funding for nursing home alternatives shall be established at two hundred percent (200%) of the Supplemental Security Income level as provided by law.
(b)
This section shall in no way affect the Medicaid program or the Medicaid eligibility or benefits of any person.
Acts 1991, No. 1157, §§ 1, 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 1 - GENERAL PROVISIONS (§§ 20-10-101 — 20-10-113) › Section 20-10-107 - Long-term care facility - Notice of certain incidents - Definition

(a)
As used in this section, "long-term care facility" means "long-term care facility" as defined by §
20-10-213
.
(b)
(1)
Within twenty-four (24) hours after the incident requiring notification occurs, a long-term care facility shall notify, if known, the resident's guardian or other responsible party when:
(A)
The resident suffers an injury;
(B)
The resident is taken outside the facility for medical care;
(C)
The resident is moved to a different room; or
(D)
There is any significant change in the physical or mental condition of the resident.
(2)
A long-term care facility that does not comply with this subsection commits a Class C violation under §
20-10-205
and is subject to a civil penalty under §
20-10-206
.
(c)
(1)
It is the responsibility of the long-term care facility to obtain an address and telephone number at which the resident's guardian or other responsible party is available for notification.
(2)
It is the responsibility of the resident's guardian or other responsible party to notify the long-term care facility of any change in address or telephone number.
Amended by Act 2013, No. 1132,§ 4, eff. 8/16/2013.
Acts 1993, No. 1123, §§ 1-4; 2005, No. 1994, § 109; 2011, No. 190, § 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 1 - GENERAL PROVISIONS (§§ 20-10-101 — 20-10-113) › Section 20-10-108 - Quality of dietary management in long-term care facilities

(a)
Persons responsible for the direction of food services in long-term care facilities having more than fifty (50) beds, at a minimum, shall be:
(1)
Certified as a certified dietary manager or food service supervisor; or
(2)
Enrolled in a food service supervisor's course approved by the Office of Long-Term Care.
(b)
(1)
Certified dietary managers or food service supervisors shall be required to complete fifteen (15) hours of continuing education per year.
(2)
The continuing education courses shall be offered by the Association of Nutrition and Foodservice Professionals or a comparable body and shall be approved by the office in order for the courses to be counted toward completion of the fifteen (15) hours.
(c)
Long-term care facilities having fifty (50) or fewer beds shall allot adequate hours per week for the certified dietary manager or food service supervisor to perform supervisory duties.
Acts 1999, No. 1362, §§ 1-3; 2007, No. 827, § 151.
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 1 - GENERAL PROVISIONS (§§ 20-10-101 — 20-10-113) › Section 20-10-109 - Findings - Intent

(a)
The General Assembly finds that:
(1)
Residents in Arkansas' long-term care facilities are particularly vulnerable to the theft or illegal diversion of personal funds designated as residents' share of cost under the Arkansas Medicaid Program;
(2)
The theft or illegal diversion of residents' share of cost under the program has an adverse impact on the resources available to ensure high-quality care for all facility residents; and
(3)
This section and §
20-10-110
are necessary to:
(A)
Protect long-term care residents' rights;
(B)
Provide appropriate resources for residents' care; and
(C)
Ensure that residents' funds designated to pay for long-term care are used for that purpose.
(b)
The General Assembly intends that this section and §
20-10-110
affect individuals who intentionally steal or divert residents' share of cost and not change the obligations or responsibilities of residents of long-term care facilities or deter legitimate disputes over the amount of a resident's share of cost.
Acts 2005, No. 1273, § 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 1 - GENERAL PROVISIONS (§§ 20-10-101 — 20-10-113) › Section 20-10-111 - Disclosure statement for residential care and assisted living facilities

(a)
Each residential care and assisted living facility shall provide each prospective resident or prospective resident's representative with a comprehensive consumer disclosure statement before the prospective resident signs an admission agreement.
(b)
The disclosure statement shall include, but not be limited to:
(1)
Proof of current licensure through the Office of Long-Term Care;
(2)
A list of services provided by the facility, including, but not limited to:
(A)
Any medication administration, assistance taking medication, or reminders to take medication that the facility may by law, rule, or regulation provide;
(B)
Any assistance the facility provides with activities of daily living, such as grooming, toileting, ambulation, and bathing;
(C)
The availability of transportation; and
(D)
Social activities inside and outside the facility;
(3)
Staffing levels or ratios required by law, including, but not limited to, those concerning:
(A)
Registered nurses;
(B)
Licensed nurses;
(C)
Certified nurse's aides or assistants; and
(D)
Other staff;
(4)
Whether staff members are required to be awake while on duty and, if not, the times when they may be asleep; and
(5)
Information regarding the physical plant of the facility, including, but not limited to:
(A)
Whether the facility has an emergency generator and, if so, the areas of the facility powered by a generator and the length of time the generator will provide power;
(B)
Whether the facility has sprinklers and, if so, the areas of the facility that have sprinklers;
(C)
Whether the facility has smoke detectors and, if so, the areas in which smoke detectors are located; and
(D)
(i)
Whether the facility has an emergency evacuation plan.
(ii)
If the facility has an emergency evacuation plan, a copy of the plan shall be provided to each prospective resident or the prospective resident's representative before the signing of an admission agreement.
(c)
The facility shall update its disclosure statement no less than annually.
Amended by Act 2019, No. 315,§ 1857, eff. 7/24/2019.
Acts 2005, No. 2002, § 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 1 - GENERAL PROVISIONS (§§ 20-10-101 — 20-10-113) › Section 20-10-112 - Results of a survey, inspection, or investigation prohibited in advertisements

(a)
Except as otherwise provided in this section, the results of a survey, inspection, or investigation of a long-term care facility conducted by any state or federal department or agency, including any statement of deficiencies, all findings and deficiencies cited in a statement of deficiencies, all proposed and implemented plans of correction, and all statements of interviews with individuals in connection with any inspection or investigation, shall not be used in an advertisement, unless the advertisement includes all of the following:
(1)
The date the survey, inspection, or investigation was conducted;
(2)
A statement that a facility is required to submit a plan of correction in response to a statement of deficiencies, if applicable;
(3)
If a finding or deficiency cited in the statement of deficiencies has been corrected, a statement that the finding or deficiency has been corrected and the date that the finding or deficiency was corrected; and
(4)
A statement that the advertisement is not authorized or endorsed by the Department of Human Services or any other government agency.
(b)
This section does not prohibit the results of a survey, inspection, or investigation conducted under this section from being used in an administrative proceeding or a criminal investigation or prosecution.
(c)
The information required in subsection (a) of this section shall:
(1)
Be in the same font and size as the other language on or in the advertisement; and
(2)
Appear as prominently as other language used in the advertisement.
Amended by Act 2021, No. 1017,§ 2, eff. 7/28/2021.
Added by Act 2015, No. 1054,§ 1, eff. 7/22/2015.
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 1 - GENERAL PROVISIONS (§§ 20-10-101 — 20-10-113) › Section 20-10-113 - Fair Reimbursement and Assisted Living Cost Reporting Act of 2023

(a)
This section shall be known and may be cited as the "Fair Reimbursement and Assisted Living Cost Reporting Act of 2023".
(b)
The Department of Human Services shall annually report to:
(1)
The House Committee on Public Health, Welfare, and Labor;
(2)
The Senate Committee on Public Health, Welfare, and Labor; and
(3)
The Legislative Council.
(c)
The report described in subsection (b) of this section shall include without limitation:
(1)
Aggregate cost report data supplied to the department by assisted living providers;
(2)
The number of beds available for Medicaid beneficiaries and private pay by county;
(3)
Total number of beds available in the state for the most vulnerable, qualifying individuals;
(4)
The cost per bed to the state;
(5)
Rural costs compared to urban costs; and
(6)
Access data, including a three-year trend of access availability by county or region.
(d)
(1)
The department shall consider the data within the report and the cost report data when making any amendment, alteration, rule change, and equitable reimbursement rate affecting the Living Choices Assisted Living Waiver.
(2)
The department shall report differences in the cost study and waiver reimbursement rate and potential causes of the differences.
Added by Act 2023, No. 820,§ 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 2 - OFFICE OF LONG-TERM CARE (§§ 20-10-201 — 20-10-234) › Section 20-10-201 - Legislative intent

The General Assembly declares that this act is necessary to assure the effective and coordinated regulation of long-term care facilities and long-term care facility administrators within an orderly organizational structure of government at such levels of economy as are consistent with the state's policy of promoting high standards of quality in the services and to eliminate overlapping and duplication of effort.
Acts 1979, No. 28, § 2; A.S.A. 1947, § 82-2217.
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 2 - OFFICE OF LONG-TERM CARE (§§ 20-10-201 — 20-10-234) › Section 20-10-202 - Creation

There is created an Office of Long-Term Care within the appropriate division as determined by the Secretary of the Department of Human Services. The head of the office shall be appointed by the secretary.
Amended by Act 2019, No. 910,§ 5177, eff. 7/1/2019.
Acts 1979, No. 28, § 4; A.S.A. 1947, § 82-2219.
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 2 - OFFICE OF LONG-TERM CARE (§§ 20-10-201 — 20-10-234) › Section 20-10-203 - Powers and duties

(a)
The Office of Long-Term Care is designated as the unit of state government primarily responsible for the inspection, regulation, and licensure of long-term care facilities and the regulation and licensure of long-term care facility administrators.
(b)
The office may promulgate such rules not inconsistent with this chapter as it shall deem necessary or desirable to properly and efficiently carry out the purposes and intent of this chapter.
Amended by Act 2019, No. 315,§ 1858, eff. 7/24/2019.
Acts 1969, No. 58, § 13; 1979, No. 28, § 4; A.S.A. 1947, §§ 82-2213, 82-2219.
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 2 - OFFICE OF LONG-TERM CARE (§§ 20-10-201 — 20-10-234) › Section 20-10-204 - Notice of violation

(a)
If upon inspection or investigation the Office of Long-Term Care determines that a licensed long-term care facility is in violation of any federal or state law, rule, or regulation pertaining to Title XIX Medicaid certification or licensure, the office shall promptly serve by certified mail or other means that gives actual notice, a notice of violation upon the licensee when the violation is a classified violation as described in §
20-10-205
.
(b)
Each notice of violation shall:
(1)
Be prepared in writing;
(2)
Specify the:
(A)
Exact nature of the classified violation;
(B)
Statutory provision or specific rule alleged to have been violated;
(C)
Facts and grounds constituting the elements of the classified violation; and
(D)
Amount of civil penalty or other administrative remedy, if any, imposed by the Secretary of the Department of Human Services; and
(3)
(A)
Inform the licensee of the right to a hearing under §
20-10-208
when administrative remedies or civil penalties are imposed.
(B)
Any hearing conducted under this chapter shall conform to the Arkansas Administrative Procedure Act, §
25-15-201
et seq., and rules of the Department of Human Services promulgated under the Arkansas Administrative Procedure Act, §
25-15-201
et seq.
Amended by Act 2019, No. 315,§ 1859, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 5178, eff. 7/1/2019.
Acts 1979, No. 28, § 4; 1981, No. 908, § 1; A.S.A. 1947, § 82-2219; Acts 1987, No. 894, § 3; 1988 (4th Ex. Sess.), No. 4, § 1; 1988 (4th Ex. Sess.), No. 14, § 1; 2005, No. 898, § 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 2 - OFFICE OF LONG-TERM CARE (§§ 20-10-201 — 20-10-234) › Section 20-10-205 - Classification of violations

(a)
The Office of Long-Term Care shall promulgate rules specifying classified violations in accordance with this section.
(b)
The notice of violation issued to a long-term care facility by the Director of the Office of Long-Term Care shall be classified according to the nature of the violation and shall indicate the classification on the face of the notice as follows:
(1)
Class A violations create a condition or occurrence relating to the operation and maintenance of a long-term care facility resulting in death or serious physical harm to a resident or creating a substantial probability that death or serious physical harm to a resident will result therefrom;
(2)
Class B violations create a condition or occurrence relating to the operation and maintenance of a long-term care facility which directly threatens the health, safety, or welfare of a resident;
(3)
Class C violations shall relate to administrative and reporting requirements that do not directly threaten the health, safety, or welfare of a resident; and
(4)
(A)
Class D violations shall relate to the timely submission of statistical and financial reports to the office.
(B)
The failure to timely submit a statistical or financial report shall be considered a separate Class D violation during any month or part of a month of noncompliance.
(C)
In addition to any civil penalty which may be imposed, the director is authorized, after the first month of a Class D violation, to withhold any further reimbursement to the long-term care facility until the statistical and financial report is received by the office.
Amended by Act 2019, No. 315,§ 1860, eff. 7/24/2019.
Acts 1979, No. 28, § 4; 1981, No. 908, § 1; A.S.A. 1947, § 82-2219; Acts 1988 (4th Ex. Sess.), No. 4, § 2; 1988 (4th Ex. Sess.), No. 14, § 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 2 - OFFICE OF LONG-TERM CARE (§§ 20-10-201 — 20-10-234) › Section 20-10-209 - Disposition of funds

(a)
(1)
There is established on the books of the Treasurer of State, Auditor of State, and the Chief Fiscal Officer of the State a trust fund to be known as the "Long-Term Care Trust Fund".
(2)
The fund shall consist of all moneys and interest received from the imposition of civil penalties levied by the state on long-term care facilities found to be out of compliance with the requirements of federal or state law, rules, or regulations, there to be administered by the Secretary of the Department of Human Services solely for the protection of the health or property of residents of long-term care facilities, including, but not limited to, the payment for the costs of relocation of residents to other facilities, maintenance and operation of a facility pending correction of deficiencies or closure, and reimbursement of residents for personal funds lost.
(b)
Funds from the Long-Term Care Trust Fund may also be administered by the secretary for programs or uses that, in the determination of the Director of the Office of Long-Term Care, enhance the quality of life for long-term care facility residents through the adoption of principles and building designs established by the Eden Alternative, Inc. or Green House Project programs or other means.
Amended by Act 2019, No. 315,§ 1865, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 5183, eff. 7/1/2019.
Acts 1979, No. 28, § 4; 1981, No. 908, § 1; A.S.A. 1947, § 82-2219; Acts 1988 (4th Ex. Sess.), No. 4, § 4; 1988 (4th Ex. Sess.), No. 14, § 4; 2007, No. 193, § 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 2 - OFFICE OF LONG-TERM CARE (§§ 20-10-201 — 20-10-234) › Section 20-10-210 - Information received by Office of Long-Term Care confidential

(a)
Except in cases of civil or criminal litigation or as permitted in subsection (b) of this section, information received by the Office of Long-Term Care, through inspection or otherwise, shall not be disclosed publicly, in administrative appeals or otherwise, in such a manner as to identify long-term care facility residents, their families, or persons filing complaints against a long-term care facility.
(b)
Information received or generated by the office, including surveyors' notes, documents, photographs, or other materials gathered, generated, or used by the surveyors in their survey or investigation of a founded complaint, shall be made available to the long-term care facility that is the subject of the survey or investigation upon the completion of the investigation or survey. However, no information that reveals the identity or tends to reveal the identity of any complainant may be disclosed.
Acts 1979, No. 28, § 6; A.S.A. 1947, § 82-2221; Acts 1999, No. 1539, § 1; 2001, No. 1774, § 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 2 - OFFICE OF LONG-TERM CARE (§§ 20-10-201 — 20-10-234) › Section 20-10-211 - [Repealed]

Repealed by Act 2021, No. 715,§ 2, eff. 7/28/2021.
Amended by Act 2019, No. 315,§ 1866, eff. 7/24/2019.
Acts 1979, No. 169, §§ 1-3; A.S.A. 1947, §§ 82-2223 -- 82-2225.
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 2 - OFFICE OF LONG-TERM CARE (§§ 20-10-201 — 20-10-234) › Section 20-10-212 - Appeal from denial, suspension, or revocation of license

(a)
Any applicant or licensee who is aggrieved by any decision of the Office of Long-Term Care with respect to the denial, suspension, or revocation of any long-term care facility license or long-term care facility administrator license or other final decision of the office with respect to standards of construction, operation, or maintenance of long-term care facilities or long-term care facility personnel or employees may appeal within thirty (30) days the decision of the office to the Pulaski County Circuit Court or to the circuit court of any county in which the applicant or licensee resides or does business.
(b)
Pending determination of the matter on appeal, the status quo of the applicant or licensee shall be preserved.
Acts 1969, No. 58, § 12; A.S.A. 1947, § 82-2212; Acts 1991, No. 636, § 1.