2012 Arkansas Code
Title 20 - Public Health And Welfare
Subtitle 2 - Health And Safety
Chapter 10 - Long-Term Care Facilities And Services
Subchapter 18 - -- Long-Term Care Facilities Emergency Generator Act of 2001
§ 20-10-1804 - Penalties.

(a) If a nursing facility or nursing home fails to comply with this subchapter, the following penalties may be applied to the facility:

(1) A fine not to exceed five thousand dollars ($5,000) may be assessed by the Office of Long-Term Care for each month in which the facility fails to comply with any provision of this subchapter;

(2) (A) A fine not to exceed ten thousand dollars ($10,000) may be assessed by the office for each calendar day during which a facility lacks electrical power if the outage continues for more than eight (8) consecutive hours.

(B) However, the fine may be imposed if the facility fails to provide emergency power for life-sustaining equipment or life-support equipment and to exit lighting immediately upon loss of normal or regular power supplies;

(3) In addition to any fine or other penalty, the facility may be prohibited from admitting new residents until the facility is in compliance with the requirements of this subchapter, as determined by the office;

(4) A fine not to exceed ten thousand dollars ($10,000) may be assessed by the office for each new admission that occurs during a period in which new admissions are prohibited;

(5) Appeals from the imposition of any monetary penalty under this subchapter shall be made pursuant to § 20-10-208; and

(6) Appeals from the imposition of a denial of new admissions under this subchapter shall be made pursuant to § 20-10-303.

(b) Penalties allowed under this subchapter may be waived by the office for any existing facility that is scheduled to be replaced by a new facility which is under construction as of June 1, 2002.

(c) Penalties under this subchapter shall be waived when the generator is rendered inoperable due to natural disaster or other conditions beyond the control or authority of the facility and when the facility has taken reasonable actions to ensure the operation of the generator.