(a) The Office of Long-Term Care shall promulgate rules specifying classified violations in accordance with this section.
(b) The notice of violation issued to a long-term care facility by the Director of the Office of Long-Term Care shall be classified according to the nature of the violation and shall indicate the classification on the face of the notice as follows:
(1) Class A violations create a condition or occurrence relating to the operation and maintenance of a long-term care facility resulting in death or serious physical harm to a resident or creating a substantial probability that death or serious physical harm to a resident will result therefrom;
(2) Class B violations create a condition or occurrence relating to the operation and maintenance of a long-term care facility which directly threatens the health, safety, or welfare of a resident;
(3) Class C violations shall relate to administrative and reporting requirements that do not directly threaten the health, safety, or welfare of a resident; and
(4)
(A) Class D violations shall relate to the timely submission of statistical and financial reports to the office.
(B) The failure to timely submit a statistical or financial report shall be considered a separate Class D violation during any month or part of a month of noncompliance.
(C) In addition to any civil penalty which may be imposed, the director is authorized, after the first month of a Class D violation, to withhold any further reimbursement to the long-term care facility until the statistical and financial report is received by the office.
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