2012 Arkansas Code
Title 20 - Public Health And Welfare
Subtitle 2 - Health And Safety
Chapter 10 - Long-Term Care Facilities And Services
Subchapter 19 - -- Dispute Resolution for Long-Term Care Facilities
§ 20-10-1907 - Informal dispute resolution hearing -- Conduct.

(a) Unless the facility chooses another order of presentation of arguments:

(1) The Office of Long-Term Care shall present the initial arguments at the hearing; and

(2) After the office completes its arguments, the facility shall present its arguments.

(b) (1) As a matter of fairness to all parties, the impartial decision maker shall determine in conjunction with all parties:

(A) The appropriate time needed for each presentation of information and argument; and

(B) The sequence and appropriate time for each rebuttal argument.

(2) However, the impartial decision maker may grant each party additional equal time for good cause as determined by the impartial decision maker in conjunction with all parties.

(c) (1) Rules of evidence or procedure shall not apply except as provided in this section.

(2) The impartial decision maker may:

(A) Accept any information that the impartial decision maker deems material to the issue being presented; and

(B) Reject any information that the impartial decision maker deems immaterial to the issue being presented.

(d) (1) The hearing may not be recorded.

(2) However, the impartial decision maker may make written or recorded notes of the arguments.

(e) Only employees of the facility, attending physicians of residents of the facility at the time of the deficiency, pharmacists providing medications to residents of the facility at the time of the deficiency, and consultant pharmacists or nurse consultants utilized by the facility, or the medical director of the facility may appear or participate at the hearing for or on the behalf of the facility.

(f) Only employees of the office may appear or participate at the hearing for or on behalf of the office.

(g) A person authorized under subsection (e) or (f) of this section to participate in the hearing may present direct questions to an opposing participant during the rebuttal argument.

(h) (1) Within fourteen (14) days of a final decision concerning the issues presented in the hearing and any related matters, the Department of Health shall provide the parties with a report concerning the hearing, all decisions made on the basis of the hearing, and any related matters.

(2) The report required under subdivision (h)(1) of this section shall include without limitation:

(A) Information concerning any change to the disputed deficiency; and

(B) A listing of each specific item of the deficiency and all changes made to the deficiency.

(i) (1) The Department of Human Services shall compile and make available to all facilities subject to this section a quarterly report that shall include without limitation the number of informal dispute resolutions during the previous quarter that were:

(A) Heard;

(B) Decided in favor of the state agency; and

(C) Decided in favor of the facility.

(2) The office shall review the reports under subdivision (i)(1) of this section and shall:

(A) Determine what patterns of sustained and overturned deficiencies exist; and

(B) Evaluate the training process to address the identified patterns.

(j) A party shall not be represented by an attorney.