(a) Any assisted living facility or residential care facility composed of a building or buildings, section, or distinct part of a building, whether operated for profit or not, shall be licensed as a long-term care facility by the Office of Long-Term Care if the facility:
(1) Houses more than three (3) individuals for a period exceeding twenty-four (24) hours;
(2) Provides meals or other congregate services; and
(3) Either:
(A) Provides supervision of residents; or
(B) Offers or provides assistance with activities of daily living, including, but not limited to:
(i) Eating;
(ii) Bathing;
(iii) Dressing;
(iv) Grooming;
(v) Ambulating;
(vi) Toileting; or
(vii) Taking medications.
(b) Facilities subject to the licensure requirement in subsection (a) of this section include those which:
(1) Provide services either directly or through contractual arrangements; or
(2)
(A) Facilitate contracting in the name of the residents.
(B) Apartment house managers referring residents to home health or other service agencies are not facilitating contracting within the meaning of this subdivision (b)(2).
(c) No facility may advertise or publicly represent that it provides assisted living or residential care or use other similar terms unless it is licensed under Arkansas law as an assisted living facility or residential care facility.