reglab/statecodes huggingface dataset:
Arkansas Administrative Code › Agency 016 - DEPARTMENT OF HUMAN SERVICES › Division 22 - Division of Child Care and Early Childhood Education › Rule 016.22.10-002 - Procedures for Obtaining an Arkansas Birth-pre Kindergarten Teaching Credential

Current through Register Vol. 49, No. 6, June, 2024
1.0
Regulatory Authority
1.01 These rules
			 are enacted pursuant to the authority of the Division of Child Care and Early
			 Childhood Education under Arkansas Code §
									20-78-801 et seq.
1.02 The Division of Child Care and Early
			 Childhood Education, Arkansas Department of Human Services, shall coordinate
			 and administer the Birth through Prekindergarten Teaching Credential fulfilling
			 the requirements of Ark. Code §
									20-78-205(b) and
			 20-78-801 et seq.
Arkansas Administrative Code › Agency 016 - DEPARTMENT OF HUMAN SERVICES › Division 23 - Behavioral Health Services › Rule 016.23.05-001 - Physician Certification of Adult With A Serious Mental Illness and Physician Certification of Children With Serious Emotional Disturbance

Current through Register Vol. 49, No. 6, June, 2024
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Arkansas Administrative Code › Agency 016 - DEPARTMENT OF HUMAN SERVICES › Division 23 - Behavioral Health Services › Rule 016.23.08-002 - Rehabilitation Services for Persons with Mental Illness Provider Certification Amendment 1

Current through Register Vol. 49, No. 6, June, 2024
Section V.
1.
There is a moratorium
			 on the certification of new RSPMI sites. "New site" means any site not
			 certified as an RSPMI site as of October 31. 2008, except:
(i)
sites for
			 which a pending application was under review by the Division of Behavioral
			 Health Services on October 31. 2008:
(ii)
replacement sites
			 opened by an existing provider to provide ongoing continuity of RSPMI services
			 when the provider is terminating services at a currently certified and
			 operating RSPMI site:
(iii)
sites in continuous
			 lawful operation furnishing RSPMI services since May 31.
			 2008.
Arkansas Administrative Code › Agency 016 - DEPARTMENT OF HUMAN SERVICES › Division 23 - Behavioral Health Services › Rule 016.23.09-001 - Rehabilitation Services for Persons with Mental Illness Provider Certification Amendment 1

Current through Register Vol. 49, No. 6, June, 2024
Section V.
1.
There is a moratorium on the
			 certification of new RSPMI sites. "New site" means any site not certified as an
			 RSPMI site as of October 31, 2008, except:
(i)
sites for which a pending
			 application was under review by the Division of Behavioral Health Services on
			 October 31, 2008;
(ii)
replacement sites opened by an existing provider to provide
			 ongoing continuity of RSPMI services when the provider is terminating services
			 at a currently certified and operating RSPMI site;
(iii)
sites in continuous lawful
			 operation furnishing RSPMI services since May 31, 2008.
Arkansas Administrative Code › Agency 016 - DEPARTMENT OF HUMAN SERVICES › Division 23 - Behavioral Health Services › Rule 016.23.10-001 - Certification Manual for Rehabilitation Services for Persons with Mental Illness Provider (RSPMI); and Certification Admendment 2 - Moratorium on New Sites

Current through Register Vol. 49, No. 6, June, 2024
I.
PURPOSE:
A. To assure that
			 Rehabilitative Services for Persons With Mental Illness ("RSPMI") care and
			 services comply with applicable laws, which require, among other things, that
			 all care reimbursed by the Arkansas Medical Assistance Program ("Medicaid")
			 must be provided efficiently, economically, only when medically necessary, and
			 is of a quality that meets professionally recognized standards of health
			 care.
B. The requirements and
			 obligations imposed by §§ I-XIII of this rule are substantive, not
			 procedural.
Arkansas Administrative Code › Agency 016 - DEPARTMENT OF HUMAN SERVICES › Division 23 - Behavioral Health Services › Rule 016.23.10-002 - Supplemental Manual for Substance Abuse Treatment Services (SATS) Rules of Practice and Procedures

Current through Register Vol. 49, No. 6, June, 2024
100.00
Introduction
This supplemental manual describes standards and requirements
				that community-based behavioral health care providers must follow to receive
				Substance Abuse Treatment Services (SATS) Programs certification. Areas
				addressed in this supplemental manual are:
A. Guiding Principles for Services
B. Eligible Beneficiaries
C. Eligible Providers
D. Covered Services, Service Definitions and
			 Specific Service Requirements
E.
			 Application for DBHS Certification as SATS Substance Abuse Treatment Programs
The following Arkansas Department of Human Services Division of
				Behavioral Health Services publications apply and will be helpful in
				interpreting the requirements set forth in this supplement. See
http://www.arkansas.gov/dhs/dmhs/
1. OADAP Licensure Standards for Alcohol
			 and/or Other Drug Abuse Treatment Program (revised 1/1/2004).
2. OADAP Rules of Practice and Procedure
			 (revised 7/1/2009).
Refer to the Arkansas Department of Human Services Division of
				Medicaid Services SATS Provider Manual for general and specific guidance on
				Medicaid provider enrollment, application process, official notices, and
				billing and remittance advice message.
See
https://www.medicaid.state.ar.us
for a copy of the above and the fee
				schedule.
Arkansas Administrative Code › Agency 016 - DEPARTMENT OF HUMAN SERVICES › Division 23 - Behavioral Health Services › Rule 016.23.11-002 - RSPMI Provider Certification Amendment 2

Current through Register Vol. 49, No. 6, June, 2024
Section V.
1.
There is a moratorium on the
			 certification of new RSPMI sites. "New site" means any site not certified as an
			 RSPMI site as of October 31, 2008, except:
(i)
sites for which a pending
			 application was under review by the Division of Behavioral Health Services on
			 October 31, 2008;
(ii)
replacement sites opened by an existing provider to provide
			 ongoing continuity of RSPMI services when the provider is terminating services
			 at a currently certified and operating RSPMI site;
(iii)
sites in continuous lawful
			 operation furnishing RSPMI services since May 31, 2008.
Arkansas Administrative Code › Agency 016 - DEPARTMENT OF HUMAN SERVICES › Division 23 - Behavioral Health Services › Rule 016.23.12-001 - RSPMI Provider Certification Amendment 3

Current through Register Vol. 49, No. 6, June, 2024
Findings.
(1)
There are over 300 outpatient
			 service sites in the state for the delivery of Rehabilitation Services for
			 Persons With Mental Illness TRSPMI). The Division of Behavioral Health Services
			 has no information that any eligible Medicaid beneficiary experiences
			 difficulty obtaining medically necessary RSPMI care and
			 services.
(2)
Medicaid pays for RSPMI on a fee-for-service basis. Uncontrolled
			 expansion of RSPMI sites will increase provider costs for staff and
			 infrastructure. These inefficiencies will pressure providers to find ways to
			 deliver more services and thereby unnecessarily increase costs to the Arkansas
			 Medicaid Program.
(3)
The Arkansas Medicaid Program projects that there will be
			 insufficient state general revenues available to maintain the current level of
			 Medicaid services beginning in state fiscal year 2014.
(4)
Among other things, the
			 Medicaid Program is seeking ways to improve efficiency, reduce costs, and
			 maximize the use of federal funds as required under Ark. Code Aim. §
									25-10-129. However, no federal
			 funding incentives are available for the expansion of the RSPMI
			 program.
(5)
For the above reasons it is necessary that the moratorium on new
			 RSPMI sites remain intact as amended below.
As stated in Section
				VI of the DBHS RSPMI
				Certificafion Rule, DBHS will process all certification requests within ninety
				calendar days of receiving all information that is necessary to review and
				process the certification request. DBHS will notify each prospective
				provider/provider in writing of its determination and furnish a copy to
				DMS.
1. There is a
			 moratorium on the certification of new RSPMI sites. "New site" means any site
			 not certified as an RSPMI site as of October 31, 2008, except:
(i) Sites for which a pending application was
			 under review by the Division of Behavioral Health Services on October 31,
			 2008;
(ii) Replacement sites opened
			 by an existing provider to provide ongoing continuity of RSPMI services when
			 the provider is terminating services at a currently certified and operating
			 RSPMI
\
site;
(iii)
			 Sites in continuous lawful operation furnishing RSPMI services since May 31,
			 2008.
Arkansas Administrative Code › Agency 016 - DEPARTMENT OF HUMAN SERVICES › Division 23 - Behavioral Health Services › Rule 016.23.13-002 - Rule establishes reasonable charges for costs of treatment pursuant to Arkansas Code

Current through Register Vol. 49, No. 6, June, 2024
Authority:
The following rule is adopted and
				promulgated pursuant to the authority expressly conferred by the laws of the
				State of Arkansas, Ark. Code Ann. §
								5-2-305(j).
Purpose:
This rule establishes reasonable charges
				for costs of treatment that a person or entity that provides treatment may
				impose pursuant to Ark. Code Ann. §§
								5-2-301 et seq. The following rules
				supplement, but do not supplant, other laws and rules
I. A person or entity subject to this rule
			 shall be in compliance within 30 days of its effective date.
II. Charges for costs of treatment may not
			 exceed the actual cost of the treatment.
III. Collection of any charges imposed under
			 this rule shall be postponed based upon:
a.
			 Clinical considerations or
b. The
			 patient's inability to pay
Arkansas Administrative Code › Agency 016 - DEPARTMENT OF HUMAN SERVICES › Division 23 - Behavioral Health Services › Rule 016.23.14-003 - Rehabilitative Services for Persons with Mental Illness (RSPMI) Moratorium Amendment 4

Current through Register Vol. 49, No. 6, June, 2024
(1) There are over
			 300 outpatient service sites in the state for the delivery of Rehabilitation
			 Services for Persons with Mental Illness (RSPMI). The Division of Behavioral
			 Health Services has no information that any eligible Medicaid beneficiary
			 experiences difficulty obtaining medically necessary RSPMI care and
			 services.
(2) Medicaid pays for
			 RSPMI on a fee-for-service basis. Uncontrolled expansion of RSPMI sites will
			 increase provider costs for staff and infrastructure. These inefficiencies will
			 pressure providers to find ways to deliver more services and thereby
			 unnecessarily increase costs to the Arkansas Medicaid Program.
(3) The Arkansas Medicaid Program projects
			 that there will be insufficient state general revenues available to maintain
			 the current level of Medicaid services beginning in state fiscal year
2015
.
(4)
			 Among other things, the Medicaid Program is seeking ways to improve efficiency,
			 reduce costs, and maximize the use of federal funds as required under Ark. Code
			 Ann. §
								25-10-129. However, no federal
			 funding incentives are available for the expansion of the RSPMI
			 program.
(5) For the above reasons
			 it is necessary that the moratorium on new RSPMI sites remain intact as amended
			 below.
As stated in Section
				VI of the DBHS RSPMI
				Certification Rule, DBHS will process all certification requests within ninety
				calendar days of receiving all information that is necessary to review and
				process the certification request. DBHS will notify each prospective
				provider/provider in writing of its determination and furnish a copy to
				DMS.
1. There is a moratorium on the
			 certification of new RSPMI sites. "New site" means any site not certified as an
			 RSPMI site as of October 31, 2008, except:
(i)
			 Sites for which a pending application was under review by the Division of
			 Behavioral Health Services on October 31, 2008;
(ii) Replacement sites opened by an existing
			 provider to provide ongoing continuity of RSPMI services when the provider is
			 terminating services at a currently certified and operating RSPMI
			 site;
(iii) Sites in continuous
			 lawful operation furnishing RSPMI services since May 31, 2008.
Arkansas Administrative Code › Agency 016 - DEPARTMENT OF HUMAN SERVICES › Division 23 - Behavioral Health Services › Rule 016.23.16-001 - Rehabilitative Services for Persons with Mental Illness Moratorium Amendment 7

Current through Register Vol. 49, No. 6, June, 2024
(1) There are over
			 275 outpatient service sites in the state for the delivery of Rehabilitation
			 Services for Persons With Mental Illness (RSPMI). The Division of Behavioral
			 Health Services has no information that any eligible Medicaid beneficiary
			 experiences difficulty obtaining medically necessary RSPMI care and
			 services.
(2) Medicaid pays for
			 RSPMI on a fee-for-service basis. Uncontrolled expansion of RSPMI sites will
			 increase provider costs for staff and infrastructure. These inefficiencies will
			 pressure providers to find ways to deliver more services and thereby
			 unnecessarily increase costs to the Arkansas Medicaid Program.
(3) The Arkansas Medicaid Program projects
			 that there will be insufficient state general revenues available to maintain
			 the current level of Medicaid services beginning in state fiscal year
			 2014.
(4) Among other things, the
			 Medicaid Program is seeking ways to improve efficiency, reduce costs, and
			 maximize the use of federal funds as required under Ark. Code Ann. §
								25-10-129. However, no federal
			 funding incentives are available for the expansion of the RSPMI
			 program.
(5) For the above reasons
			 it is necessary that the moratorium on new RSPMI sites remain intact as amended
			 below.
As stated in Section
				VI of the DBHS RSPMI
				Certification Rule, DBHS will process all certification requests within ninety
				calendar days of receiving all informafion that is necessary to review and
				process the certification request. DBHS will notify each prospective
				provider/provider in wriUng of its determination and furnish a copy to
				DMS.
1. There is a moratorium on the
			 certification of new RSPMI sites. "New site" means any site not certified as an
			 RSPMI site as of October 31, 2008, except:
(i)
			 Sites for which a pending application was under review by the Division of
			 Behavioral Health
Services on October 31, 2008;
(ii) Replacement sites opened by an existing
			 provider to provide ongoing continuity of RSPMI
services when the provider is terminating services at a
				currently certified and operating RSPMI
site;
(iii)
			 Sites in continuous lawful operafion furnishing RSPMI services since May 31,
			 2008.
Arkansas Administrative Code › Agency 016 - DEPARTMENT OF HUMAN SERVICES › Division 24 - Division of Health › Rule 016.24.05-001 - Public Health Laboratory: Public Health Laboratory Fees

Current through Register Vol. 49, No. 6, June, 2024
SECTION I.
AUTHORITY
The following Rules and Regulations pertaining to
				Public Health Laboratory Fees are duly adopted and promulgated by the Arkansas
				Board of Health pursuant to the authority expressly conferred by the laws of
				the State of Arkansas Including, without limitation, Act 96 of 1913 (Ark. Code
				Ann. §§
										20-7-101 through
				20-7-130 ) and Act 990 of 1991
				(Ark. Code Ann. §
										20-7-114
				).
SECTION II.
PURPOSE
To protect the health of the citizens of Arkansas
				by ensuring that laboratory services are maintained in a highly professional
				manner that complies with established standards.
SECTION III.
SPECIFIC
			 REQUIREMENTS
The Arkansas Board of Health shall establish a fee
				of
$17.00
to be charged to perform a coliform analysis for private
				water samples.
SECTION
			 IV.
SEVERABILITY
If any provision of these Rules and Regulations or
				the application thereof to any person or circumstances is held invalid, such
				invalidity shall not affect other provisions or applications of these Rules and
				Regulations which can give effect without the invalid provisions or
				applications, and to this end the provisions hereto are declared
				severable.
SECTION
			 V.
REPEAL
All regulations and parts of regulations in
				conflict herewith are hereby repealed.
Arkansas Administrative Code › Agency 016 - DEPARTMENT OF HUMAN SERVICES › Division 24 - Division of Health › Rule 016.24.06-006 - Regulations Pertaining to Septic Tank Cleaners

Current through Register Vol. 49, No. 6, June, 2024
AUTHORITY
The following Rules and Regulations Pertaining to Septic Tank
				Cleaning Operations Within the State of Arkansas are duly adopted and
				promulgated by the Arkansas State Board of Health pursuant to the laws of the
				State of Arkansas including, Act 71 of 1973 as amended (Ark. Code Ann. §
								17-45-101 -105) and Act 96 of 1913
				(Ark. Code Ann. §
								20-7-101, et seq.).
SECTION I. DEFINITIONS
For the purpose of these Regulations the following terms are
				defined:
A. APPROVED. Acceptable to
			 the Department following a determination of compliance with appropriate public
			 health and environmental standards.
B. AUTHORIZED AGENT. The Environmental Health
			 Specialist assigned to the County Business Unit by the Department.
C. BOUND RECORD. A tamper resistant book with
			 numbered, non-removable pages with entries made with indelible ink.
D. THE DEPARTMENT. The Arkansas Department of
			 Health and Human Services or its authorized agent.
E. EQUIPMENT. All tanks, devices, tools and
			 implements used in the cleaning or pumping of septic tanks, holding tanks,
			 marine sanitation devices, portable toilets, or other sewage handling
			 facilities.
F. HOLDING TANK. A
			 septic tank, marine sanitation device, portable toilet, or other device used
			 for the temporary storage of untreated human waste.
G. LAND APPLICATION. A method of septage
			 disposal utilizing either surface spreading, subsurface injection, burial or
			 other process approved by the Department.
H. LICENSEE. The licensed owner or operator
			 of a business, firm, or corporation engaged in the business of cleaning septic
			 tanks, marine sanitation devices, portable toilets, and or the transporting of
			 septage or sewage.
I. MARINE
			 SANITATION DEVICE. Any device on board a vessel designed to retain, treat, or
			 discharge human body waste.
J.
			 PORTABLE TOILET. Any equipment used to receive and retain human waste prior to
			 its delivery to a sewage treatment facility.
K. PUMPER VEHICLE. Any truck, trailer, boat,
			 tank or combination there of used to transport septage or sewage.
L. SCUM. The partially submerged mat of
			 floating solids that forms at the surface of septic tanks or sewage handling
			 facilities.
M. SEPTAGE. The liquid,
			 scum and sludge from a septic tank or sewage handling facility excluding
			 biosolids from a municipal or publicly owned treatment facility.
N. SEPTIC TANK CLEANER. Any person, firm,
			 corporation or association which cleans septic tanks, marine sanitation
			 devices, portable toilets, or transports septage or sewage within the State of
			 Arkansas.
O. SEWAGE. The contents
			 of holding tanks, marine sanitation devices, portable toilets, or other tanks
			 used for the storage of human waste.
P. SLUDGE. The accumulation of settled, solid
			 material in the bottom of a septic tank or sewage handling facility.
Arkansas Administrative Code › Agency 016 - DEPARTMENT OF HUMAN SERVICES › Division 24 - Division of Health › Rule 016.24.06-007 - Rules for Control of Sources of Ionization Radiation

Current through Register Vol. 49, No. 6, June, 2024
SECTION 1.
REGISTRATION OF SOURCES OF
			 RADIATION
PART A.
GENERAL
RH-1.
Authority
. Act
			 96 of 1913, Act 8 of Second Extraordinary Special Session of
1961, as Amended.
RH-2.
Effective
			 Date
. January 1, 1963.
RH-3.
Registration
			 Requirement
. Every person possessing a reportable source of
			 radiation shall register in accordance with the provisions of these
			 Regulations.
RH-4.
Communications
. All communications concerning these
			 Regulations shall be addressed to the, Arkansas Department of Health and Human
			 Services, Division of Health, Radiation Control Section, P.O. Box 1437 Mail
			 Slot H-30, Little Rock, Arkansas 72203-1437.
RH-5.
Additional
			 Requirements
. In addition to the requirements of this Part, all
			 registrants are subject to the applicable provisions of other Parts of these
			 Regulations.
RH-6. - RH-9.
			 Reserved.
Arkansas Administrative Code › Agency 016 - DEPARTMENT OF HUMAN SERVICES › Division 24 - Division of Health › Rule 016.24.06-009 - Rules Pertaining to Onsite Wastewater Systems, Designated Representatives and Installers

Current through Register Vol. 49, No. 6, June, 2024
Section 1.
Authority and Purpose
1.1. The
			 following RULES AND REGULATIONS PERTAINING TO ONSITE WASTEWATER SYSTEMS,
			 DESIGNATED REPRESENTATIVES, INSTALLERS AND MANUFACTURERS are duly adopted and
			 promulgated by the Arkansas State Board of Health pursuant to the authority
			 expressly conferred by the laws of the State Arkansas including, without
			 limitation, Act 96 of 1913 (A.C.A. {20-7-l09), and Act 402 of l977 (A.C.A. {
			 14-236-101, et seq.).
1.2. Purpose: To establish minimum standards
			 for the design and construction of onsite wastewater systems in suitable soils
			 for the renovation of wastewater and the return of the renovated wastewater
			 into the hydrologic cycle.
Arkansas Administrative Code › Agency 016 - DEPARTMENT OF HUMAN SERVICES › Division 24 - Division of Health › Rule 016.24.07-002 - Rules Governing the Practice of Lay Midwifery in Arkansas (2007)

Current through Register Vol. 49, No. 6, June, 2024
100. GENERAL
			 PROVISIONS
101. PURPOSE AND AUTHORITY
It was determined by the General Assembly that adequate
				maternal care is not readily available in some parts of the state resulting in
				undue hardships to poor expectant mothers. Act 838 of 1983 provided for the
				lawful practice of Lay Midwifery in counties having 32.5% or more of this
				population below the poverty level. Act 481 of 1987 supercedes Act 838 of 1983,
				and expands the Lay Midwife licensure statewide.
The following Rules and Regulations are promulgated pursuant to
				the authority conferred by A.C.A.
				17-85-101 et.seq. and A.C.A.
				20-7-109 et.seq.
Specifically, Act 481 directs the Arkansas State Board of
				Health to administer the provisions of Act 481, authorizes and directs the
				Board to adopt regulations governing the qualifications for licensure of Lay
				Midwives and the practice of Lay Midwifery. The broad authority vested in the
				Board of Health (Act 96 of 1913) to regulate and to ultimately protect the
				health of the public is the same authority the Board will utilize in enforcing
				the regulations, determining sanctions, revoking licenses, etc.
102. ADMINISTRATION OF PROGRAM
The State Board of Health has delegated the authority to
				administer the program, including the regulating and licensing of Lay Midwives,
				to the Arkansas Department of Health and Human Services, Division of Health,
				4815 W. Markham, Little Rock, Arkansas 72205-3867.
The Board of Health shall establish an advisory board to
				oversee the practice of Licensed Lay Midwives. The composition of the advisory
				board will be as follows:
1. Four
			 Licensed Lay Midwives.
2. One
			 Certified Nurse Midwife.
3. One
			 Physician who is currently practicing obstetrics.
4. Three consumers of midwifery service. (A
			 consumer of midwifery service is a woman or her spouse who has had a midwife
			 attended birth or someone who promotes midwifery or home birth in
			 Arkansas).
The purpose of the Advisory Board shall be to advise the
				Division of Health and Board of Health on matters pertaining to the regulation
				of Lay Midwifery practice.
The terms and conditions of membership are as follows:
1. The Board of Health will appoint Midwifery
			 Advisory Board (M.A.B.) members for terms of at least 3 years.
2. Members may serve 2 consecutive
			 terms.
3. Members will serve their
			 terms on a volunteer basis.
4. The
			 activities of the MAB include, but are not limited to, advising the Division of
			 Health and Board of Health by:
a. Meeting at
			 least annually and as needed at the discretion of the Midwifery Advisory Board
			 Chairperson.
b. Reviewing the rules
			 and regulations and proposing changes to them as needed.
c. Reviewing and approving continuing
			 education offerings.
d. Serving as
			 a community liaison regarding the practice of midwifery.
Arkansas Administrative Code › Agency 016 - DEPARTMENT OF HUMAN SERVICES › Division 25 - Division of Provider Services and Quality Assurance › Rule 016.25.19-003 - Rules for the Arkansas Long Term Care Facility- Nursing Assistant Training Program

Current through Register Vol. 49, No. 6, June, 2024
Section I
AUTHORITY
1. The
			 following rules for the Long Term Care Facility Nursing Assistant Training
			 Program are duly adopted and promulgated by the Department of Human Services
			 pursuant to Arkansas Code
			 20-10-701 et
			 seq.
2. This initiative is pursuant
			 to the Federal mandates of Public Law 100-203 (the Nursing Home Reform Act,
			 Subtitle C of the Omnibus Budget and Reconciliation Act of 1987 and technical
			 amendments of OBRA 1989 and 1990) concerning the training and competency
			 evaluation of nursing assistants employed in long term care facilities and the
			 registry of certified nursing assistants.
3. The Federal Omnibus Budget Reconciliation
			 Act of 1987, 1989, and 1990 (OBRA) and regulations issued by the U.S.
			 Department of Health and Human Services - Centers for Medicare and Medicaid
			 Services (formerly Health Care Financing Administration, or HCFA) established
			 the minimum requirements for nursing assistant training and competency
			 evaluation programs in Section 1819(a) - (f) and 1919(a) - (f) of the Social
			 Security Act.
Arkansas Administrative Code › Agency 016 - DEPARTMENT OF HUMAN SERVICES › Division 25 - Division of Provider Services and Quality Assurance › Rule 016.25.19-004 - Rules for Licensure of Nursing Home Administrators in Arkansas

Current through Register Vol. 49, No. 6, June, 2024
Arkansas Department of Health and Human Services Division of
				Medical Services Office of Long Term Care
Authority
The following Rules for the Licensure of Nursing Home
				Administrators are duly adopted and promulgated by the Arkansas Department of
				Health and Human Services, Office of Long Term Care, pursuant to the authority
				expressly conferred by Title
				20-10-203(b)
				of the Arkansas Code.
Preface
These rules have been prepared for the purpose of establishing
				nursing home administrator competency as well as criterion for the licensure of
				nursing home administrators. There exists a relationship between the quality of
				care and quality of life for residents in a nursing home and the knowledge,
				skills, and abilities of the nursing home's administrator. This relationship
				becomes increasingly apparent as nursing home administrators attempt to
				implement new and often complex standards of resident care services so that the
				facilities can participate in the full continuum of care.
The rules are subject to periodic revisions as new knowledge
				becomes available that will more fully establish the level of competency
				necessary for effective nursing home administration.
Rules are limited in their ability to set forth all the
				attributes necessary for quality administration. Administrators of nursing
				homes have a responsibility beyond the minimum standards detailed here to
				continue to enhance their education, experience, and professional growth. The
				end result of such enhancement will be the achievement of optimum nursing home
				resident care.
Section I - Definitions
The following terms are defined for the purpose of these
				rules:
A.
BOARD
Shall mean the Long Term Care Facility Advisory Board.
B.
NURSING HOME
Shall mean a skilled nursing facility (SNF) or a nursing
				facility (NF) which meets the requirements of 1819 or 1919 of the Social
				Security Act and/or meets State licensure requirements for a long term care
				facility.
A nursing home usually provides skilled nursing care, medical
				services, rehabilitation services, and/or health-related services to frail
				elderly, injured, disabled, or sick persons who require such services on an
				extended or continuous basis.
C.
NURSING HOME ADMINISTRATOR
Shall mean a person who administers, manages, supervises, or is
				in general administrative charge of a nursing home whether such individual has
				an ownership interest in such home and whether his or her function and duties
				are shared with one or more individuals.
D.
DEPARTMENT
Shall mean the Arkansas Department of Health and Human
				Services.
E.
LICENSE
For the purposes of these rules, license shall mean a nursing
				home administrator's license issued to a qualified individual.
F.
OFFICE
Shall mean the Office of Long Term Care.
Arkansas Administrative Code › Agency 016 - DEPARTMENT OF HUMAN SERVICES › Division 25 - Division of Provider Services and Quality Assurance › Rule 016.25.21-001 - Division of Provider Services and Quality Assurance (DPSQA) COVID-19 Response Manual

Current through Register Vol. 49, No. 6, June, 2024
200.000
OVERVIEW
201.000
Authority
The following rules are duly adopted and promulgated by the
				Division of Provider Services and Quality Assurance (DPSQA) of the Arkansas
				Department of Human Services (DHS) under the authority of Arkansas Code
				Annotated §§
										20-10-701,
				20-76-201,
				20-77-107,
				25-10-129,
				20-10203,
				20-38-103,
				and
				20-38-112.
202.000
Purpose
In response to the COVID-19 pandemic, DHS identified programs
				and services that required additional flexibility or changes to adapt to
				ensuring the health and safety of our clients. This manual details them so that
				DHS may render uninterrupted assistance and services to our clients.
203.000
Appeals
Appeal requests for the COVID-19 response policies must adhere
				to the policy set forth in the Medicaid Provider Manual Section 160.000
				Administrative Reconsideration and Appeals which can be accessed at
https://medicaid.mmis.arkansas.gov/Provider/Docs/all.aspx
.
204.000
Severability
Each section of this manual is severable from all others. If
				any section of this manual is held to be invalid, illegal, or unenforceable,
				such determination shall not affect the validity of other sections in this
				manual and all such other sections shall remain in full force and effect. In
				such an event, all other sections shall be construed and enforced as if this
				section had not been included therein.
Arkansas Administrative Code › Agency 016 - DEPARTMENT OF HUMAN SERVICES › Division 25 - Division of Provider Services and Quality Assurance › Rule 016.25.22-002 - Behavioral Health Agency Certification Manual Update pursuant to Act 760

Current through Register Vol. 49, No. 6, June, 2024
Y. "Qualified
			 Behavioral Health Provider" means a person who:
1. Does not possess an Arkansas license to
			 provide clinical behavioral health care;
2. Works under the direct supervision of a
			 mental health professional;
3. Has
			 successfully completed prescribed and documented courses of initial and annual
			 training sufficient to perform all tasks assigned by a mental health
			 professional;
4. Acknowledges in
			 writing that all qualified behavioral health provider services are controlled
			 by client care plans and provided under the direct supervision of a mental
			 health professional.
Arkansas Administrative Code › Agency 016 - DEPARTMENT OF HUMAN SERVICES › Division 25 - Division of Provider Services and Quality Assurance › Rule 016.25.22-006 - In-Home Caregiver Background Checks

Current through Register Vol. 49, No. 6, June, 2024
Section
			 II
Independent Choices
260.420
Employer Authority
The Independent Choices participant is the employer of record,
				and as such, hires a Caregiver meeting these requirements:
A. Is a US citizen or legally authorized to
			 work in the US;
B. Has a valid
			 Social Security number;
C. Signs a
			 Work Agreement with the participant/Representative;
D. Must be able to provide references if
			 requested;
E. Must successfully
			 pass a criminal background check:
1) The
			 caregiver or applicant to become a caregiver is required to pass a state
			 criminal background check in compliance with Ark. Code Ann. §
											20-77-128(c)
2) If the caregiver or applicant
			 to become a caregiver has not resided continuously in Arkansas during the
			 previous five (5) years, they are required to submit to a federal criminal
			 background check, including fingerprints.
F. Must successfully pass registry checks.
1) The caregiver or applicant to become a
			 caregiver is required to pass registry records checks, including without
			 limitation: registry records checks with the Child Maltreatment Central
			 Registry and the Adult and Long-Term Care Facility Resident Maltreatment
			 Central Registry;
2) A caregiver or
			 applicant to become a caregiver who is on either the Child Maltreatment Central
			 Registry or the Adult and Long-Term Care Facility Resident Maltreatment Central
			 Registry shall not be employed to provide services paid with Medicaid
			 funds.
G. May not be an
			 individual who is considered legally responsible for the client, e.g., spouse
			 or guardian
H. Must be 18 years of
			 age or older; and
I. Must be able
			 to perform the essential job functions required.
Arkansas Administrative Code › Agency 016 - DEPARTMENT OF HUMAN SERVICES › Division 25 - Division of Provider Services and Quality Assurance › Rule 016.25.22-007 - Nursing Assistant Training Program

Current through Register Vol. 49, No. 6, June, 2024
Section
			 I
AUTHORITY
1. The following rules for the Long-Term Care
			 Facility Nursing Assistant Training Program are duly adopted and promulgated by
			 the Department of Human Services pursuant to Arkansas Code
			 20-10-701 et seq.
2. This initiative is pursuant to the Federal
			 mandates of Public Law
			 100-203 (the Nursing Home Reform Act, Subtitle C
			 of the Omnibus Budget and Reconciliation Act of 1987 and technical amendments
			 of OBRA 1989 and 1990) concerning the training and competency examination of
			 nursing assistants employed in long term care facilities and the registry of
			 certified nursing assistants.
3.
			 The Federal Omnibus Budget Reconciliation Act of 1987, 1989, 1990, and
			 1993(OBRA) and regulations issued by the U.S. Department of Health and Human
			 Services - Centers for Medicare and Medicaid Services (formerly Health Care
			 Financing Administration, or HCFA) established the minimum requirements for
			 nursing assistant training and competency evaluation programs in Section
			 1819(a) - (f) and 1919(a) - (f) of the Social Security Act.
Arkansas Administrative Code › Agency 016 - DEPARTMENT OF HUMAN SERVICES › Division 26 - Division of Aging, Adult and Behavioral Health Services › Rule 016.26.19-002 - Certification in Deaf Mental Health

Current through Register Vol. 49, No. 6, June, 2024
I.
PURPOSE & SCOPE:
A. To ensure that mental health services
			 which are allowable and delivered by a Department of Human Services (DHS)
			 Certified Mental Health Professional comply with applicable laws, which
			 require, among other things, that all deaf and hard of hearing persons have
			 access to appropriate mental health services that are provided:
i) In the primary communication method of the
			 individual, as determined by the preference of the individual who is deaf or
			 hard of hearing, or by an appropriate communication assessment, or
			 both;
ii) Using appropriate
			 accommodations and access services; and
iii) By the following licensed mental health
			 professionals: psychiatrists, advance practice registered nurses,
			 psychologists, therapists, counselors, and social workers.
Arkansas Administrative Code › Agency 016 - DEPARTMENT OF HUMAN SERVICES › Division 26 - Division of Aging, Adult and Behavioral Health Services › Rule 016.26.19-003 - Rule Establishing Reasonable Costs of Treatment

Current through Register Vol. 49, No. 6, June, 2024
Authority:
The following rule is adopted and
				promulgated pursuant to the authority expressly conferred by the laws of the
				State of Arkansas, Ark. Code Ann. §
								5-2-331.
Purpose:
This rule establishes reasonable charges
				for costs of treatment that a person or entity that provides treatment may
				impose pursuant to Ark. Code Ann. §§
								5-2-301 et seq. The
				following rules supplement, but do not supplant, other laws and rules.
I. A person or entity subject to this rule
			 shall be in compliance within 30 days of its effective date.
II. Charges for costs of treatment may not
			 exceed the actual cost of the treatment.
III. Collection of any charges imposed under
			 this rule shall be waived or postponed based upon:
a. Clinical considerations;
b. The patient's inability to pay;
			 or
c. A court determination that the
			 patient is wholly or partly indigent and qualifies for the appointment of an
			 attorney under Ark. Code Ann. §
									16-87-213.
Arkansas Administrative Code › Agency 016 - DEPARTMENT OF HUMAN SERVICES › Division 26 - Division of Aging, Adult and Behavioral Health Services › Rule 016.26.20-003 - Arkansas Long Term Care Ombudsman Program Policie

Current through Register Vol. 49, No. 6, June, 2024
Arkansas Office of the Long Term Care Ombudsman
				Program
Chapter 100
Introduction to the Arkansas Long-Term Care Ombudsman Program
Section 101
Establishment of the
			 Arkansas Long-Term Care Ombudsman Program (LTCOP)
A. The Arkansas Long-Term Care Ombudsman
			 Program (LTCOP) is authorized under section 712 of the federal Older Americans
			 Act (
			 42 U.S.C. §
											3001 et. seq.), and the Arkansas Long-Term
			 Care Ombudsman Act (Ark. Code Ann. § 20-10-601 et. seq.).
B. The LTCOP protects and improves the
			 quality of care and quality of life for residents of long-term care facilities
			 through individual and systemic advocacy for and on behalf of residents, and
			 through the promotion of community involvement in long-term care
			 facilities.
C. The LTCOP is a
			 resident-centered advocacy program. The resident is the program's client,
			 regardless of the source of the complaint or request for service. The Ombudsman
			 will make every reasonable effort to assist, empower, represent, and advocate
			 on behalf of the resident.
D. These
			 policies govern the operations of the Office of the State Long-Term Care
			 Ombudsman, certified staff and volunteer Ombudsman Representatives, provider
			 agencies, area agencies on aging, the Arkansas Division of Aging, Adult, and
			 Behavioral Health Services, and other parties involved in the operation of the
			 LTCOP.
Arkansas Administrative Code › Agency 016 - DEPARTMENT OF HUMAN SERVICES › Division 26 - Division of Aging, Adult and Behavioral Health Services › Rule 016.26.20-004 - Uniform Program Operations - State Funded Multijurisdictional Drug and Crime Task Forces (DCTFs)

Current through Register Vol. 49, No. 6, June, 2024
Uniform Program Operations State Funded Multijurisdictional
				Drug and Crime Task Forces
1.
Purpose
The goal of the State Funded Drug Task Force is to
				significantly reduce drug related crimes throughout the state of Arkansas. This
				is done through aggressive enforcement of state laws that outline the rules and
				penalties associated with the possession, manufacturing, importation, and
				distribution of illicit drugs and dangerous substances.
2.
Objectives
The overall objectives of the State Funded Drug Task Force
				are:
A. To identify and arrest
			 individual drug offenders, or those offenders within an organized criminal
			 group, and to prosecute these offenders with special emphasis placed on
			 offenses that involve the manufacturing, importation, and distribution of
			 illicit drugs.
B. To promote a
			 higher level of cooperation among the Task Force agencies located within a
			 judicial district (as well as with other Task Forces statewide); and to promote
			 more direct involvement with non-participating law enforcement organizations at
			 all levels of government.
C. To
			 work together in a more collaborative way, in an information sharing effort,
			 with an emphasis on effectively identifying and greatly reducing drug
			 distribution markets, and in aggressively prosecuting individuals arrested for
			 being involved in this activity.
D.
			 To improve the effectiveness of law enforcement as they combat illicit drug
			 trafficking and improve interdiction efforts. This is done through training
			 that focuses on:
(1) Up-to-date and relevant
			 information about drug trafficking protocols.
(2) The importance of sharing information
			 statewide.
(3) Collaboration
			 between Drug Task Force members and law enforcement in
			 general.
E. To support
			 officer safety through hands-on training that promotes a more effective use of
			 technology, social media, and information or intelligence sharing. The primary
			 purpose is to enhance law enforcement communications capabilities on a
			 statewide basis, and to keep task force personnel up to date on safety issues
			 and concerns in dealing with drug-related crimes.
Arkansas Administrative Code › Agency 016 - DEPARTMENT OF HUMAN SERVICES › Division 26 - Division of Aging, Adult and Behavioral Health Services › Rule 016.26.21-001 - DAABHS COVID-19 Response Manual

Current through Register Vol. 49, No. 6, June, 2024
200.000
OVERVIEW
201.000
Authority
The following rules are duly adopted and promulgated by the
				Division of Aging, Adult, and Behavioral Health Services (DAABHS) Arkansas
				Department of Human Services (DHS) under the authority of Arkansas Code
				Annotated §§
										20-76-201,
				20-77-107,
				25-10-129,
				and
				25-10-126.
Families First Coronavirus Response Act (
				Public Law
				116-127 - March 18, 2020)
Coronavirus Aid, Relief, and Economic Security (CARES) Act
				(Public Law No. 116-136 - March 27, 2020)
202.000
Purpose
In response to the COVID-19 pandemic, DHS identified programs
				and services that required additional flexibility or changes to adapt to
				ensuring the health and safety of our clients. This manual details them so that
				DHS may render uninterrupted assistance and services to our clients.
203.000
Appeals
Appeal requests for the COVID-19 response policies must adhere
				to the policy set forth in the Medicaid Provider Manual Section 160.000
				Administrative Reconsideration and Appeals which can be accessed at
https://medicaid.mmis.arkansas.gov/Provider/Docs/all.aspx
.
204.000
Severability
Each section of this manual is severable from all others. If
				any section of this manual is held to be invalid, illegal, or unenforceable,
				such determination shall not affect the validity of other sections in this
				manual and all such other sections shall remain in full force and effect. In
				such an event, all other sections shall be construed and enforced as if this
				section had not been included therein.
Arkansas Administrative Code › Agency 016 - DEPARTMENT OF HUMAN SERVICES › Division 26 - Division of Aging, Adult and Behavioral Health Services › Rule 016.26.22-002 - Name Removal from Arkansas Adult Maltreatment Registry

Current through Register Vol. 49, No. 6, June, 2024
Policy and Procedures for Name Removal from
				the Arkansas Adult Maltreatment Registry
The Arkansas Adult Maltreatment Registry maintained by the
				Adult Protective Services (APS) division within the Department of Human
				Services (DHS) will retain all "Founded" reports of maltreatment indefinitely
				to assist APS in the safety and protection of endangered and impaired Arkansas
				adults.
Records of all cases in which allegations are determined to be
				"Unfounded" will not be included in the Adult Maltreatment Registry; however,
				the information from "Unfounded" reports included in the APS data system will
				be retained indefinitely to assist APS in assessing future risk and safety of
				endangered and impaired adults.
APS staff will ensure that all assessments with a "Founded"
				disposition will be securely stored and will verify and respond to all valid
				requests for information from a Prosecuting Attorney who is prosecuting a case
				related to any APS report or case.
No offender who is placed on the Adult Maltreatment Registry
				will be "automatically" removed from the registry.
Any adult maltreatment offender who qualifies for consideration
				for removal may apply for consideration of removal through DAABHS. Requests
				that qualify per time and offense requirements will be reviewed by the Adult
				Maltreatment Registry Review Team in the order in which they are
				received.
Consideration for Removal by Review
				Team
The Adult Maltreatment Registry Review Team shall operate as
				follows:
A. The Director of the
			 Division of Aging, Adult, and Behavioral Health Services (DAABHS) will appoint
			 the members of the Adult Maltreatment Registry Review Team.
1) The Review Team will be made up of APS
			 central office and field staff.
2)
			 There will be five (5) members with five (5) alternates in case of scheduling
			 conflicts.
3) A representative of
			 OCC may provide legal advice and assistance to the team but will not be a
			 member of the Adult Maltreatment Registry Review Team.
Arkansas Administrative Code › Agency 016 - DEPARTMENT OF HUMAN SERVICES › Division 27 - Department of Medical Services › Rule 016.27.20-001 - Billing Changes to Global Obstetrics (OB) Services

Current through Register Vol. 49, No. 6, June, 2024
Section II
- Physician/Independent
			 Lab/CRNA/Radiation Therapy Center
292.671 Method 1 - "Global" or "All-Inclusive" Rate
				6-1-20
The global method of billing should be used when one (1) or
				more physicians in a group see the patient for a prenatal visit and one (1) of
				the physicians in the group does the delivery. The physician that delivers the
				baby should be listed as the attending physician on the claim that reflects the
				global method.
No benefits are counted against the beneficiary's physician
				visit benefit limit if the global method is billed.
A. One (1) charge for total obstetrical care
			 is billed. The single charge includes the following:
1. Antepartum care which includes initial and
			 subsequent history, physical examinations, recording of weight, blood pressure,
			 and fetal heart tones, routine chemical urinalyses, maternity counseling, and
			 other office or clinic visits directly related to the pregnancy.
2. Admissions and subsequent hospital visits
			 for the treatment of false labor, in addition to admission for
			 delivery.
3. Vaginal delivery (with
			 or without episiotomy, with or without pudendal block, with or without forceps,
			 or breech delivery), or cesarean section and resuscitation of newborn infant
			 when necessary.
4. Routine
			 postpartum care (sixty (60) days), which includes routine hospital and office
			 visits following vaginal or cesarean section delivery.