2010 Arkansas Code
Title 20 - Public Health And Welfare
Subtitle 2 - Health And Safety
Chapter 10 - Long-Term Care Facilities And Services
Subchapter 12 - Protection of Long-Term Care Facility Residents
§ 20-10-1203 - Administration and management of long-term care facilities.

20-10-1203. Administration and management of long-term care facilities.

Every licensed facility shall comply with all applicable standards and rules of the Office of Long-Term Care and shall:

(1) Be under the administrative direction and charge of a licensed administrator;

(2) Have available the regular, consultative, and emergency services of physicians licensed by the state and required by state and federal regulations;

(3) Provide for the access of the facility residents to dental and other health-related services, recreational services, rehabilitative services, and social work services appropriate to their needs and conditions and not directly furnished by the licensee;

(4) (A) If the facility was not cited for any deficiencies in the past twelve (12) months, be encouraged by the office to provide services, including, but not limited to, respite and adult day services, which enable individuals to move in and out of the facility. A facility is not subject to any additional licensure requirements for providing these services.

(B) (i) Respite care may be offered to persons in need of short-term or temporary long-term care services.

(ii) Respite care shall be provided in accordance with this subchapter and rules adopted by the office. However, the office, by rule, shall adopt modified requirements for resident assessment, resident care plans, resident contracts, physician orders, and other provisions, as appropriate, for short-term or temporary long-term care services. The office shall allow for shared programming and staff in a facility which meets minimum standards and offers services pursuant to this subdivision (4)(B)(ii), but, if the facility is cited for deficiencies in quality of care, categories, or tags, may require additional staff and programs appropriate to the needs of service recipients.

(C) (i) A person who receives respite care may not be counted as a resident of the facility for purposes of the facility's licensed capacity unless that person receives twenty-four-hour respite care.

(ii) A person receiving either respite care for twenty-four (24) hours or longer or adult day services shall be included when calculating minimum staffing for the facility.

(D) Any costs and revenues generated by a facility from nonresidential programs or services shall be excluded from the calculations of Medicaid per diems for long-term care institutional care reimbursement;

(5) If the facility was not cited for any deficiencies in the last twelve (12) months, exceeds minimum staffing standards, and is part of a retirement community that offers other services pursuant to Part III, Part IV, or Part V, be allowed to share programming and staff;

(6) Maintain the facility premises and equipment and conduct its operations in a safe and sanitary manner;

(7) (A) If the licensee furnishes food service, provides a wholesome and nourishing diet sufficient to meet generally accepted standards of proper nutrition for its residents and provides such therapeutic diets as may be prescribed by attending physicians.

(B) In making rules to implement this subsection, the office shall be guided by standards recommended by nationally recognized professional groups and associations with knowledge of dietetics;

(8) (A) Keep full records of resident admissions and discharges, medical and general health status, including medical records, personal and social history, and identity and address of next of kin or other persons who may have responsibility for the affairs of the residents, and individual resident care plans, including, but not limited to, prescribed services, service frequency and duration, and service goals.

(B) The records shall be open to inspection by the office;

(9) Keep such fiscal records of its operations and conditions as may be necessary to provide information pursuant to this subchapter; and

(10) (A) Furnish copies of personnel records for employees affiliated with such a facility to any other facility licensed by this state requesting this information pursuant to this subchapter. The information contained in the records may include, but is not limited to, disciplinary matters and any reason for termination.

(B) Any facility releasing such records pursuant to this subchapter shall be considered to be acting in good faith and may not be held liable for information contained in such records, absent a showing that the facility maliciously falsified such records.