(a) No long-term care facility owner, administrator, employee, or other representative shall discriminate, retaliate, or seek reprisal in any manner against a resident or employee of a long-term care facility who has initiated or participated in any proceeding provided in this subchapter.
(b) Any adverse action taken against a resident of a long-term care facility within one hundred twenty (120) days of the filing of a complaint or initiation of any action shall give rise to a rebuttable presumption that the action was taken by the owner, administrator, employee, or other representative in violation of subsection (a) of this section.
(c) Failure to comply with this section by any facility owner, administrator, employee, or other representative shall be considered a Class B violation under § 20-10-205 for which civil penalties set forth in § 20-10-206 may be imposed.
(d) Any appeal shall be under the procedure set forth in § 20-10-208.
Structure Arkansas Code
Title 20 - Public Health and Welfare
Subtitle 2 - Health and Safety
Chapter 10 - Long-Term Care Facilities and Services
Subchapter 10 - Omnibus Long-Term Care Reform Act of 1988
§ 20-10-1003. Residents' rights
§ 20-10-1004. Prohibiting new admissions — Hearings and appeals
§ 20-10-1005. Procedure for transfer or discharge of residents — Violations
§ 20-10-1006. Residents' councils — Staff coordinators — Family councils
§ 20-10-1007. Adverse action against residents prohibited — Violations
§ 20-10-1008. Disposition of civil penalties
§ 20-10-1009. Right to rescind long-term care contracts
§ 20-10-1010. End-of-life treatment of long-term care residents