Arkansas Administrative Code › Agency 016 - DEPARTMENT OF HUMAN SERVICES › Division 25 - Division of Provider Services and Quality Assurance › Rule 016.25.22-005 - Definition of Long-Term Care Facility

Current through Register Vol. 49, No. 6, June, 2024
ADMINISTRATIVE RULES FOR PROVIDERS OF ADULT DAY CARE
100 DEFINITIONS
As used in these rules the following definitions shall apply
				unless the context clearly states otherwise. Where these rules refer to an
				enactment of the General Assembly, such referenced shall include subsequent
				enactment or amendments by the General Assembly on the same subject
				matter.
ABUSE -
Shall have the same meaning as
				prescribed by Ark. Code Ann.§ 12- 121703. "Abuse" also includes sexual
				abuse as defined in Ark. Code Ann. §12- 121703(18).
ACTIVITIES OF DAILY LIVING
- The tasks
				for self-care that are performed either independently, with supervision, with
				assistance, or by others. Activities of daily living include but are not
				limited to ambulating, transferring, grooming, bathing, dressing, eating and
				toileting.
ADA
- The Americans with Disabilities
				Act.
ADULT DAY CARE PROGRAM
- Adult Day
				Care (ADC) is a program which provides care and supervision to meet the needs
				of four (4) or more functionally impaired adults for periods of less than
				twenty-four, but more than two hours per day in a place other than the adult's
				own home.
ADULT DAY CARE PROVIDER
- The person,
				corporation, partnership, association, or organization legally responsible for
				the overall operation of the ADC Program and that is licensed to operate as an
				ADC by the Department
APPLICANT
- The person, corporation,
				partnership, association, or organization which has submitted an application to
				operate an ADC but has not yet been approved and issued a license by the
				Department.
CARE-GIVER
- Shall have the same
				meaning prescribed by Ark. Code §12-121703.
CONTACT DAYS
- Contact days means the
				number of days the client actually attended the Adult Day Care facility.
DEFICIENCY
- A facility's failure to
				meet program participation requirements as defined in these and other
				applicable rules and laws.
DEPARTMENT
- The division within the
				Department of Human Services that has the responsibility for the licensure and
				certification of long-term care facilities.
DIRECT CARE SERVICES
- Services that
				directly help a client with certain routines and activities of daily living
				such as assistance with mobility and transfers; assistance to clients to
				consume a meal, grooming, shaving, trimming or shaping fingernails and
				toenails, bathing, dressing, personal hygiene, bladder and bowel requirements,
				including incontinence or assistance with medication only to the extent
				permitted by the state Nurse Practice Act and interpretations thereto by the
				Arkansas State Board of Nursing.
DIRECT CARE STAFF
- Any staff,
				compensated or volunteer, acting on behalf of, employed by, or contracted by
				the facility either directly or through an employment agency, to provide
				services and who provides direct care services or assistance to clients,
				including activities of daily living and tasks related to medication
				administration or assistance.
DIRECT CONTACT
- The ability or
				opportunity of employees of the facility, or individuals with whom the facility
				contracts either directly or through an agency, to physically interact with or
				be in the presence of clients.
DIRECTOR
- The individual or entity
				that conducts the business of the facility and is in charge of the daily
				operations of the facility. The Director is the resource contact between the
				facility and the Department.
DISCHARGE
- When a client leaves the
				facility and it is not anticipated that the client will return.
EMERGENCY MEASURES
- Those measures
				necessary to respond to a serious situation that threatens the health and
				safety of clients.
EXPLOITATION
- Shall have the same
				meaning as prescribed by Ark. Code Ann. §
									12-12-1703
				and as amended.
FUNCTIONALLY IMPAIRED ADULT
- An
				individual, age eighteen (18) or older, who by reason of mental or physical
				disability, requires care and supervision.
HIPAA
- Health Insurance Portability
				Accountability Act required by federal law to "protect health information" of
				clients. See
www.dhhs.gov/ocr/hipaa
for specific
				details.
LICENSE
- A time-limited
				non-transferable permit required by Ark. Code Ann. §
									20-10-224
				and issued for a maximum period of 12 months to a licensee who complies with
				the Office of Long-Term Care rules. This document shall list the maximum number
				of slots for the facility.
LONG-TERM CARE FACILITY- shall have the same meaning as
				prescribed by Ark. Code Ann. §
									12-12-1703. Per Ark.
				Code Ann. §
									20-10-101(10)(B),
				a long-term care facility does not include an Adult Day Care Program that
				provides care and supervision to meet the needs of twelve (12) or fewer
				functionally impaired adults at any time in a place other than the adult's
				home, or an Adult Day Care Program that provides services to clients for four
				(4) hours or less per day for no more than two (2) days per week.
LONG-TERM CARE FACILITY RESIDENT
-
				Shall have the same meaning as prescribed by Ark. Code Ann. §
									12-12-1703
				and as amended.
MALTREATMENT
- Shall have the same
				meaning as prescribed in Ark. Code Ann. §
									12-12-1703.
MENTAL ABUSE
- Verbal, written, or
				gestured communications to a client a visitor, or staff, about a client within
				the client's presence, or in a public forum, that a reasonable person finds to
				be a material endangerment to the mental health of a client.
NEGLECT
- Shall have the same meaning
				as prescribed by Ark. Code Ann. §1212-1703.
NON-COMPLIANCE
- Any violation of
				these rules or of applicable laws.
PERSON
- An individual, partnership,
				association, corporation, or other entity.
PERSONNEL/STAFF/EMPLOYEE
- Any person
				who, under the direction, control, or supervision of facility administration,
				provides services as defined in these rules for compensation, or who provides
				services voluntarily, and may include the owner, professional, management and
				person, firms, or entities providing services pursuant to a contract or
				agreement.
PLAN OF CARE
- The Adult Day Care
				Provider's written description of the scope of services to be provided to each
				individual client.
PLAN OF CORRECTION (PoC)
- A plan
				developed by the facility and approved by the Department that describes the
				actions the facility will take to correct deficiencies, specifies the date by
				which those deficiencies will be corrected, and sets forth the means and
				methods used to evaluate the efficacy of the corrections.
PRN
- A medication or treatment
				prescribed by a medical professional to a person, allowing the mediation or
				treatment to be given "as needed".
PROGRAM DIRECTOR
- The person
				responsible for the operation of the program.
PROGRAM REQUIREMENTS
- The
				requirements for participation and licensure under these and other applicable
				rules and laws as an Adult Day Care Facility.
PROPRIETOR/LICENSEE
- Any person,
				firm, corporation, governmental agency or other legal entity, issued an Adult
				Day Care license, and who is responsible for maintaining approved
				standards.
SURVEY
- The process of inspection,
				interviews, or record reviews conducted by the Department to determine an Adult
				Day Care facility's compliance with program requirements and with applicable
				rules and laws.