(a) If upon inspection or investigation the Office of Long-Term Care determines that a licensed long-term care facility is in violation of any federal or state law, rule, or regulation pertaining to Title XIX Medicaid certification or licensure, the office shall promptly serve by certified mail or other means that gives actual notice, a notice of violation upon the licensee when the violation is a classified violation as described in § 20-10-205.
(b) Each notice of violation shall:
(1) Be prepared in writing;
(2) Specify the:
(A) Exact nature of the classified violation;
(B) Statutory provision or specific rule alleged to have been violated;
(C) Facts and grounds constituting the elements of the classified violation; and
(D) Amount of civil penalty or other administrative remedy, if any, imposed by the Secretary of the Department of Human Services; and
(3)
(A) Inform the licensee of the right to a hearing under § 20-10-208 when administrative remedies or civil penalties are imposed.
(B) Any hearing conducted under this chapter shall conform to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., and rules of the Department of Human Services promulgated under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
Structure Arkansas Code
Title 20 - Public Health and Welfare
Subtitle 2 - Health and Safety
Chapter 10 - Long-Term Care Facilities and Services
Subchapter 2 - Office of Long-Term Care
§ 20-10-201. Legislative intent
§ 20-10-203. Powers and duties
§ 20-10-204. Notice of violation
§ 20-10-205. Classification of violations
§ 20-10-207. Notification to media of violations
§ 20-10-209. Disposition of funds
§ 20-10-210. Information received by Office of Long-Term Care confidential
§ 20-10-211. Facilities — Regulation of staffing
§ 20-10-212. Appeal from denial, suspension, or revocation of license
§ 20-10-213. Definitions for §§ 20-10-213 — 20-10-228
§ 20-10-214. Penalties for §§ 20-10-213 — 20-10-228
§ 20-10-215. Injunction for §§ 20-10-213 — 20-10-228
§ 20-10-216. Powers and duties of Department of Human Services
§ 20-10-217. Construction program — Survey and planning activities
§ 20-10-218. Construction program — Federal funds for surveying and planning
§ 20-10-219. Construction program — State plan
§ 20-10-220. Construction program — Application for funds
§ 20-10-221. Construction program — Payment of installments
§ 20-10-222. Construction program — Federal funds
§ 20-10-223. Minimum standards for institutions
§ 20-10-224. License required — Administration by Department of Human Services
§ 20-10-225. Alterations, additions, and new construction of facilities
§ 20-10-226. Inspections of facilities
§ 20-10-228. Information received by Department of Human Services confidential
§ 20-10-229. Annual disclosure statement — Requirement
§ 20-10-230. Annual disclosure statement — Filing