Arkansas Administrative Code › Agency 016 - DEPARTMENT OF HUMAN SERVICES › Division 25 - Division of Provider Services and Quality Assurance › Rule 016.25.19-008 - Rules Pertaining to Post-Acute Head Injuries Retraining and Residential Adult Care Facilities

Current through Register Vol. 49, No. 6, June, 2024
Department of Health and Human Services
Division of Economic & Medical Services
Office of Long Term Care
AUTHORITY
The following rules for Post-Acute Retraining and Residential
				Adult Care Facilities in Arkansas are duly adopted and promulgated by the
				Department of Human Services, Division of Economic and Medical Services, Office
				of Long Term Care, pursuant to the authority expressly conferred by the laws of
				the State of Arkansas in Act 602 of 1987.
100
DEFINITIONS
: The
			 following terms are defined for the purpose of these rules.
100.1.
Behavior
			 Modification
: Things or events that are used in a timely manner to
			 discourage undesired behavior.
100.2.
Board
: The
			 Long Term Care Facility Advisory Board.
100.3.
Department
:
			 The Arkansas Department of Human Services.
100.4.
Division
: The
			 Division of Medical Services of the Department of Human Services.
100.5.
Facility
: A
			 Post-Acute Head Injury Retraining and Residential Care Facility.
100.6.
Facility
			 Services
: The residential, retraining, and rehabilitation services
			 provided within each licensed Facility in accordance with its License.
100.7
Head
			 Injury
: An injury or neurological impairment to the brain caused
			 by illness or accident.
100.8.
Head Injury Retraining and Rehabilitation
: The
			 individualized program of instruction offered in a residential or day program
			 designed to assist an individual suffering from disability as a result of Head
			 Injury to reduce the adverse effects of the disability and improve functioning
			 in daily living, education, and vocational activities.
100.9.
Immediate
			 Family
: Father, Mother, Children, Spouse, Brother, and
			 Sister.
100.10.
Independently Mobile
: Physically and mentally capable
			 of vacating a structure in case of emergency, including the capability to
			 ascend or descend stairs that are in the exit path. Residents who can use
			 canes, wheelchairs, or walkers are considered independently mobile as long as
			 they do not require more than verbal or minimum assistance from other persons
			 to vacate and can do as required by local fire code.
100.11.
License
: A
			 non-transferable permit issued by the Office of Long Term Care to a Licensee
			 authorizing the Licensee to operate a Facility for a specific time
			 period.
100.12.
Licensee
: Any person, firm, corporation, governmental
			 agency, or other legal entity to whom the License is issued and who is
			 responsible for maintaining approved standards. Facilities owned or regulated
			 by the Veterans Administration or by Division Development Disabilities
			 Services, the Office on Alcohol and Drug Abuse, and Christian Science homes
			 shall be excluded from licensure under these rules.
100.13.
The Office of Long Term
			 Care
: The survey and licensure agency of the Division.
100.14.
Post-Acute Head Injury
			 Retraining and Residential Care Facility
: A building, or group of
			 buildings, if located contiguously and operated jointly, used or maintained to
			 provide, for pay, Retraining and Rehabilitation for three (3) or more
			 individuals who are disabled on account of Head Injury and who are not in
			 present need of in-patient diagnostic care in a hospital or related.
100.15.
Provisional
			 Licensure
is a temporary grant of authority to the purchaser to
			 operate an existing long-term care facility upon application for licensure to
			 the Office of Long Term Care.
100.16.
Rules
: The
			 Rules pertaining to Post-Acute Head Injury Retraining and Residential Care
			 Facilities promulgated by the Office of Long Term Care pursuant to Act 602 of
			 1987.
100.17.
Residents
: Any individual who receives services from a
			 Facility.
100.18.
Resident's Sponsor
: The person or agency legally
			 responsible for the welfare and support of the Resident.
100.19.
Residential
			 Area
: An area used by Residents for sleeping and for daily living
			 activities. A Residential Area may be less than the entire area of a building
			 and there may be more than one Residential Area within a single
			 building.
100.20.
Sponsor
: See "Resident Sponsor."
100.21.
Staff
. Any
			 officer, employee, or agent of a Facility.
100.22.
Time-out
			 Techniques
: Devices or procedures designed to improve a Resident's
			 behavior by removing positive reinforcements when the Resident's behavior is
			 undesirable.