Arkansas Code
Subtitle 2 - Health and Safety
Chapter 10 - Long-Term Care Facilities and Services

§ 20-10-105. Residential care facility — Ineligibility for reimbursement — Exclusions - (a) Any facility that meets the definition of a residential...

§ 20-10-106. Nursing home alternatives — Income eligibility for participation in state funding - (a) The maximum income eligibility for participation in state funding...

§ 20-10-107. Long-term care facility — Notice of certain incidents — Definition - (a) As used in this section, “long-term care facility” means...

§ 20-10-108. Quality of dietary management in long-term care facilities - (a) Persons responsible for the direction of food services in...

§ 20-10-109. Findings — Intent - (a) The General Assembly finds that: (1) Residents in Arkansas'...

§ 20-10-110. Protection of residents' personal funds — Definitions - (a) As used in this section: (1) “Agent” means a...

§ 20-10-111. Disclosure statement for residential care and assisted living facilities - (a) Each residential care and assisted living facility shall provide...

§ 20-10-112. Results of a survey, inspection, or investigation prohibited in advertisements - (a) Except as otherwise provided in this section, the results...

Subchapter 2 - Office of Long-Term Care

§ 20-10-201. Legislative intent - The General Assembly declares that this act is necessary to...

§ 20-10-202. Creation - There is created an Office of Long-Term Care within the...

§ 20-10-203. Powers and duties - (a) The Office of Long-Term Care is designated as the...

§ 20-10-204. Notice of violation - (a) If upon inspection or investigation the Office of Long-Term...

§ 20-10-205. Classification of violations - (a) The Office of Long-Term Care shall promulgate rules specifying...

§ 20-10-206. Civil penalties - (a) (1) In the case of a Class A violation,...

§ 20-10-207. Notification to media of violations - (a) When the Office of Long-Term Care's appropriate division, as...

§ 20-10-208. Hearings - (a) (1) A licensee may contest an assessment of a...

§ 20-10-209. Disposition of funds - (a) (1) There is established on the books of the...

§ 20-10-210. Information received by Office of Long-Term Care confidential - (a) Except in cases of civil or criminal litigation or...

§ 20-10-211. Facilities — Regulation of staffing - (a) The agency responsible for licensure and certification of long-term...

§ 20-10-212. Appeal from denial, suspension, or revocation of license - (a) Any applicant or licensee who is aggrieved by any...

§ 20-10-213. Definitions for §§ 20-10-213 — 20-10-228 - As used in this section and §§ 20-10-214 — 20-10-228:...

§ 20-10-214. Penalties for §§ 20-10-213 — 20-10-228 - (a) Any person, partnership, association, or corporation establishing, conducting, managing,...

§ 20-10-215. Injunction for §§ 20-10-213 — 20-10-228 - The Department of Human Services may sue in the name...

§ 20-10-216. Powers and duties of Department of Human Services - (a) In carrying out §§ 20-10-213 — 20-10-228, the Department...

§ 20-10-217. Construction program — Survey and planning activities - (a) The Department of Human Services is empowered and directed...

§ 20-10-218. Construction program — Federal funds for surveying and planning - (a) The Department of Human Services may make application to...

§ 20-10-219. Construction program — State plan - (a) (1) The Department of Human Services shall prepare and...

§ 20-10-220. Construction program — Application for funds - (a) Applications for medical facilities construction projects for which federal...

§ 20-10-221. Construction program — Payment of installments - The Department of Human Services shall cause to be inspected...

§ 20-10-222. Construction program — Federal funds - (a) The Department of Human Services is empowered to receive...

§ 20-10-223. Minimum standards for institutions - (a) The Department of Human Services shall require institutions which...

§ 20-10-224. License required — Administration by Department of Human Services - (a) No long-term care facility or related institution shall be...

§ 20-10-225. Alterations, additions, and new construction of facilities - (a) The Department of Human Services shall prescribe by rule...

§ 20-10-226. Inspections of facilities - The Department of Human Services shall make such inspections as...

§ 20-10-227. Annual report - The Department of Human Services shall make an annual report...

§ 20-10-228. Information received by Department of Human Services confidential - (a) Except in a proceeding involving the question of licensing...

§ 20-10-229. Annual disclosure statement — Requirement - (a) Any person, corporation, partnership, or facility seeking a license...

§ 20-10-230. Annual disclosure statement — Filing - Each facility shall file the completed annual disclosure statement along...

§ 20-10-231. Annual disclosure statement — Violations - The failure to provide to any resident a copy of...

§ 20-10-232. Rules, client rights, and sanctions - (a) The Office of Long-Term Care shall promulgate and maintain...

Subchapter 4 - Licensing of Long-Term Care Facility Administrators

§ 20-10-401. Penalty - (a) Any person, partnership, association, or corporation establishing, conducting, managing,...

§ 20-10-402. License required - (a) It shall be unlawful for any person to act...

§ 20-10-403. Qualifications - (a) The Office of Long-Term Care is vested with the...

§ 20-10-404. Application and fees - (a) Any person desiring to be licensed as a nursing...

§ 20-10-405. Renewal - (a) Every active nursing home administrator's license shall be renewed...

§ 20-10-406. Reciprocity - (a) The Office of Long-Term Care may by rule establish...

§ 20-10-407. Denial, revocation, or suspension - (a) The Office of Long-Term Care may refuse to issue...

§ 20-10-408. Disposition of funds - (a) All funds derived from fees collected pursuant to this...

Subchapter 5 - Long-Term Care Network

§ 20-10-501. Definitions - As used in this subchapter: (1) “Committees” means the House...

§ 20-10-502. Coordination of state and nonstate agencies - (a) The state agencies which administer funds for long-term care...

§ 20-10-503. Interagency agreements - The state agencies shall work out formalized agreements among themselves...

§ 20-10-504. Public information campaign - The state agencies shall carry out a public information campaign...

§ 20-10-505. Demonstration projects for assessment agencies - (a) State agencies shall establish a demonstration project in a...

§ 20-10-506. Reports - (a) The state agencies shall collect and report management and...

§ 20-10-507. Training program for home health aide providers - The state agencies shall develop a plan for training home...

§ 20-10-508. Interagency transfers of funds - (a) The Department of Health, the Department of Human Services,...

Subchapter 6 - Long-Term Care Ombudsman Act

§ 20-10-601. Title - This subchapter shall be known and may be cited as...

§ 20-10-602. Ombudsman program - The Division of Aging, Adult, and Behavioral Health Services of...

§ 20-10-603. Access to patients - No ombudsman shall be denied access to any patient or...

Subchapter 7 - Long-Term Care Aide Training Act

§ 20-10-701. Title - This subchapter shall be known and may be cited as...

§ 20-10-702. Definitions - As used in this subchapter: (1) “Long-term care facility” means...

§ 20-10-703. Exemptions - Students who have satisfactorily completed a nursing assistant or aide...

§ 20-10-704. Training program - The Office of Long-Term Care shall establish a training program...

§ 20-10-705. Rules - (a) The Office of Long-Term Care shall promulgate rules necessary...

Subchapter 8 - Home Healthcare Services

§ 20-10-801. Definitions - As used in this subchapter: (1) “Agency” means any person,...

§ 20-10-802. Exceptions from licensing requirements - The following persons are not required to be licensed under...

§ 20-10-803. Penalties - (a) (1) Any person who violates any provision of this...

§ 20-10-806. Administration — Rules and standards - (a) This subchapter shall be administered by the Division of...

§ 20-10-807. License required - It shall be unlawful for any agency to provide home...

§ 20-10-808. Application for license — Temporary license - (a) An applicant for a license to provide home healthcare...

§ 20-10-809. Issuance of licenses - (a) (1) The Director of the Division of Health Facilities...

§ 20-10-810. Denial, suspension, or revocation of license - The Director of the Division of Health Facilities Services may...

§ 20-10-812. Fees - (a) (1) The Division of Health Facilities Services may levy...

Subchapter 9 - Arkansas Long-Term Care Facility Receivership Law

§ 20-10-901. Title - This subchapter may be known as the “Arkansas Long-Term Care...

§ 20-10-902. Purpose - It is the purpose of this subchapter to develop a...

§ 20-10-903. Definitions - As used in this subchapter: (1) “Administrator” means a long-term...

§ 20-10-904. Grounds for appointment - The following circumstances shall be grounds for the appointment of...

§ 20-10-905. Petition for receivership - (a) The Department of Human Services, Attorney General, or prosecuting...

§ 20-10-906. Hearing on receivership - The court shall appoint a receiver if it finds that...

§ 20-10-907. Emergency appointment - (a) If the complaint filed under § 20-10-905 is filed...

§ 20-10-908. Qualifications of receiver - (a) The circuit court may appoint any licensed nursing home...

§ 20-10-909. Duties of receiver - The receiver appointed pursuant to this subchapter: (1) Shall operate...

§ 20-10-910. Compensation of receiver - (a) The circuit court shall set a reasonable compensation to...

§ 20-10-911. Duration of receivership - (a) The receiver shall be appointed for an initial period...

§ 20-10-912. Bond of receiver - The circuit court may require a receiver to post a...

§ 20-10-913. Automatic stay - (a) No person or court of this state shall impede...

§ 20-10-914. Accounting for funds - Within thirty (30) days after termination, the receiver shall file...

§ 20-10-915. Alternative procedure - (a) (1) In lieu of bringing an action under this...

§ 20-10-916. Long-Term Care Facility Receivership Fund Account - (a) There is established on the books of the Treasurer...

Subchapter 10 - Omnibus Long-Term Care Reform Act of 1988

§ 20-10-1001. Title - This subchapter may be known as the “Omnibus Long-Term Care...

§ 20-10-1002. Intent - It is the intent of the General Assembly to provide...

§ 20-10-1003. Residents' rights - (a) A long-term care facility shall protect and promote the...

§ 20-10-1004. Prohibiting new admissions — Hearings and appeals - (a) The Director of the Office of Long-Term Care may...

§ 20-10-1005. Procedure for transfer or discharge of residents — Violations - (a) The Office of Long-Term Care shall prescribe through rule...

§ 20-10-1006. Residents' councils — Staff coordinators — Family councils - (a) The Office of Long-Term Care shall prescribe through rule...

§ 20-10-1007. Adverse action against residents prohibited — Violations - (a) No long-term care facility owner, administrator, employee, or other...

§ 20-10-1008. Disposition of civil penalties - All moneys received from the imposition of civil penalties levied...

§ 20-10-1009. Right to rescind long-term care contracts - For a fourteen-day period beginning on the date of entry...

§ 20-10-1010. End-of-life treatment of long-term care residents - (a) For residents suffering from a terminal condition as defined...

Subchapter 12 - Protection of Long-Term Care Facility Residents

§ 20-10-1201. Purpose - The purpose of this subchapter is to provide for the...

§ 20-10-1202. Definitions - As used in this subchapter: (1) “Administrator” means a person...

§ 20-10-1203. Administration and management of long-term care facilities - Every licensed facility shall comply with all applicable standards and...

§ 20-10-1204. Residents' rights - (a) All long-term care facilities shall adopt and make public...

§ 20-10-1205. Property and personal affairs of residents - (a) (1) The admission of a resident to a long-term...

§ 20-10-1206. Right of entry and inspection - (a) (1) The Department of Human Services and any duly...

§ 20-10-1207. Availability, distribution, and posting of reports and records - (a) Within ten (10) days after the date of an...

§ 20-10-1208. Patient records — Penalties for alteration - (a) Any person who fraudulently alters, defaces, or falsifies any...

§ 20-10-1209. Civil enforcement - (a) (1) Any resident who is injured by a deprivation...

Subchapter 13 - Nursing Home Resident and Employee Immunization Act of 1999

§ 20-10-1301. Title - This subchapter shall be known and may be cited as...

§ 20-10-1302. Purpose - It is recognized that: (1) The sixth leading cause of...

§ 20-10-1303. Definitions - As used in this subchapter: (1) “Document” means evidence from...

§ 20-10-1304. Implementation - (a) (1) (A) The State Board of Health may promulgate...

§ 20-10-1305. Exemptions - All residents of nursing home facilities and all full-time and...

Subchapter 14 - Staffing Requirements for Nursing Facilities

§ 20-10-1401. Definitions - As used in this subchapter: (1) “Day shift” means the...

§ 20-10-1402. Staffing standards - (a) The Department of Human Services shall not issue or...

§ 20-10-1403. Ratio of staff to residents - (a) Except for nursing facilities that the Office of Long-Term...

§ 20-10-1404. Director of nurses - (a) In addition to the minimum direct-care staffing ratios in...

§ 20-10-1405. Services provided - (a) An employee designated as a member of the direct-care...

§ 20-10-1406. Posting of personnel numbers - (a) (1) Each nursing facility shall post daily at the...

§ 20-10-1407. Report - (a) (1) By the fifth day of each month, each...

§ 20-10-1408. Penalties - (a) Upon a determination of a pattern of failure of...

§ 20-10-1409. Staffing standards — Definition - (a) The staffing standards as set forth in § 20-10-1403...

§ 20-10-1410. Cosmetology and barbering services - (a) (1) Cosmetology and barbering services provided to residents of...

Subchapter 15 - Alzheimer's Special Care Standards Act

§ 20-10-1501. Title - This subchapter shall be known and may be cited as...

§ 20-10-1502. Legislative findings - The General Assembly finds and declares that: (1) Certain long-term...

§ 20-10-1503. Applicability - For the purposes of this subchapter, a long-term care facility...

§ 20-10-1504. Disclosure of treatment offered - (a) (1) Any facility having an Alzheimer's special care unit...

§ 20-10-1505. Standards of care - The Office of Long-Term Care shall establish and promulgate minimum...

Subchapter 16 - Quality Assurance Levy

§ 20-10-1601. Definitions - As used in this subchapter: (1) [Repealed.] (2) [Repealed.] (3)...

§ 20-10-1602. Calculation of quality assurance fee - (a) There is levied a quality assurance fee on nursing...

§ 20-10-1603. Reporting and collection - (a) On the tenth day of the first full month...

§ 20-10-1604. Administration - (a) The administration of this subchapter shall be exercised by...

§ 20-10-1606. Waiver for nursing facilities under life-care facility contracts - (a) The Department of Human Services shall apply for a...

Subchapter 17 - Arkansas Assisted Living Act

§ 20-10-1701. Title - This subchapter shall be known as the “Arkansas Assisted Living...

§ 20-10-1702. Purpose and intent - (a) The purpose of this subchapter is to: (1) Promote...

§ 20-10-1703. Definitions - As used in this subchapter: (1) (A) “Assisted living facility”...

§ 20-10-1704. Assisted living program - (a) The Department of Human Services shall establish an assisted...

§ 20-10-1705. Fees - (a) The Department of Human Services may charge fees which...

§ 20-10-1706. Reimbursement - For Medicaid-eligible clients, the Department of Human Services shall reimburse...

§ 20-10-1707. Licensure - (a) (1) Each assisted living facility in the State of...

§ 20-10-1708. Limited licensure option - A facility licensed as of April 2, 2001, and subsequent...

§ 20-10-1709. Permit of approval - (a) Facilities offering assisted living services shall obtain a permit...

Subchapter 18 - Long-Term Care Facilities Emergency Generator Act of 2001

§ 20-10-1801. Title - This subchapter shall be known and may be cited as...

§ 20-10-1802. Definitions - As used in this subchapter: (1) “Areas of refuge” means...

§ 20-10-1803. Requirements - (a) (1) No later than six (6) months from April...

§ 20-10-1804. Penalties - (a) If a nursing facility or nursing home fails to...

Subchapter 19 - Dispute Resolution for Long-Term Care Facilities

§ 20-10-1901. Purpose - (a) The General Assembly finds that this subchapter is necessary...

§ 20-10-1902. Definitions - As used in this subchapter: (1) “Deficiency” means a violation...

§ 20-10-1903. Informal dispute resolution hearing - (a) Informal dispute resolution shall be conducted by the Department...

§ 20-10-1904. Impartial decision maker — Qualifications - (a) The impartial decision maker may be an individual or...

§ 20-10-1905. Request for informal dispute resolution - (a) A long-term care facility that wishes to challenge a...

§ 20-10-1906. Scheduling informal dispute resolution hearings — Submission of documentary evidence - (a) (1) Upon receipt of a request for an informal...

§ 20-10-1907. Informal dispute resolution hearing — Conduct - (a) Unless the long-term care facility chooses another order of...

§ 20-10-1908. Determination of impartial decision maker and Office of Long-Term Care - (a) (1) Upon the conclusion of all arguments by the...

§ 20-10-1909. Matters not subject to informal dispute resolution - (a) (1) The informal dispute resolution hearing is limited to...

§ 20-10-1910. Effect of request for informal dispute resolution - A request for an informal dispute resolution shall not: (1)...

Subchapter 20 - Unlicensed Long-Term Care Facilities Act

§ 20-10-2001. Title - This subchapter shall be known and may be cited as...

§ 20-10-2002. Purpose - The purpose of this subchapter is to protect the elderly...

§ 20-10-2003. Definitions - As used in this subchapter: (1) “Assisted living facility” means...

§ 20-10-2004. Licensure - (a) Any assisted living facility or residential care facility composed...

§ 20-10-2005. Existing unlicensed facilities - (a) Assisted living facilities and residential care facilities that are...

§ 20-10-2006. Application - (a) This subchapter shall not apply to situations in which...

§ 20-10-2007. Penalties and enforcement - (a) Each person establishing, conducting, managing, constructing, or operating an...

Subchapter 21 - Arkansas Options Counseling for Long-Term Care Program

§ 20-10-2101. Definitions - As used in this subchapter: (1) “Long-term care facility” means...

§ 20-10-2102. Admissions - (a) A long-term care facility shall notify the Office of...

§ 20-10-2103. Arkansas Options Counseling for Long-Term Care Program — Creation — Administration - (a) The Arkansas Options Counseling for Long-Term Care Program is...

§ 20-10-2104. Eligibility - Each individual in the following categories may be provided with...

§ 20-10-2105. Consultations — Timing — Content — Reporting - (a) An options counseling for long-term care consultation required under...

§ 20-10-2106. Rules - The Secretary of the Department of Human Services shall adopt...

§ 20-10-2107. Fees - (a) After the first three (3) failures of a long-term...

Subchapter 22 - Long-Term Care Quality Assurance

§ 20-10-2201. Purpose — Findings - (a) The purpose of the quality assurance committee in a...

§ 20-10-2202. Applicability — Scope - (a) This subchapter applies to long-term care facilities as those...

§ 20-10-2203. Liability of quality assurance committee members — Construction - (a) A cause of action for damages or monetary liability...

§ 20-10-2204. Proceedings and records confidential - (a) (1) A long-term care facility may appoint members to...

§ 20-10-2205. Duty to advise quality assurance committees - Upon a request of a quality assurance committee reviewing care...

Subchapter 23 - Personal Care Service Providers

§ 20-10-2301. Purpose and intent - (a) The General Assembly recognizes that in order to provide...

§ 20-10-2302. Definitions - As used in this subchapter, “private care agency” means a...

§ 20-10-2303. Private care agencies eligible for Medicaid reimbursement - The Division of Medical Services of the Department of Human...

§ 20-10-2304. Rules - (a) The State Board of Health shall promulgate rules necessary...

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Arkansas Code Subtitle 2 - Health and Safety Chapter 10 - Long-Term Care Facilities and Services

Arkansas Code
Subtitle 2 - Health and Safety
Chapter 10 - Long-Term Care Facilities and Services