2015 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
§ 20-10-207 - Notification to media of violations.

(a) When the Office of Long-Term Care's appropriate division, as determined by the Director of the Department of Human Services, finds, upon inspection and investigation, that any nursing home or residential care facility has committed two (2) violations constituting Class A or Class B violations as defined in § 20-10-205 during any twelve-month period, the office shall notify the various news media within the county wherein the nursing home or residential care facility is located and shall advise the media that a complete record of the inspection and investigation will be available for public inspection at the office.

(b) However, no information shall be made available which will identify any resident, the family of any resident of the nursing home, the residential care facility, or any person who has filed a complaint against a nursing home or against an administrator or any personnel of a nursing home or residential care facility, except in cases of criminal or civil litigation.

(c) When the office finds, upon inspection and investigation, that any long-term care facility has committed a Class A or Class B violation, following final determination of the matter on administrative appeal, the long-term care facility administrator shall cause copies of the notice of violation as prepared by the office to be posted on the front entry to the facility to be visible from the interior. The notice shall be posted within seven (7) days of the final determination of the matter on administrative appeal and shall remain posted for a period of not less than sixty (60) days.

(d) The notice of violation shall meet the following requirements:

(1) The notice shall read:

(A) "NOTICE

(B) "This facility has been cited with a CLASS A or B VIOLATION.

(C) "Pursuant to § 20-10-205, '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. 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.

(D) "Date of violation: ____________________

(E) "Nature of violation: ____________________

(F) "Further information can be obtained from the Office of Long- Term Care at ( number ).

(G) "This notice shall remain posted for a period not less than sixty (60) days from (date) to (date)."

(2) The notice shall be printed in accordance with the following specifications:

(A) The notice shall be eight and one-half inches by eleven inches (8 1/2'' x 11'') in size;

(B) The notice shall be printed on a white background;

(C) Subdivision (d)(1)(A) of this section shall be printed in red ink in all capital letters at the top center of the page in 48-point boldface type;

(D) Subdivision (d)(1)(B) of this section shall be printed in black ink in 18-point type, except for the words "CLASS A or CLASS B VIOLATION", which shall be printed in red ink, in capital letters, in 24-point boldface type;

(E) Subdivision (d)(1)(C) of this section shall be printed in black ink with 10-point type. This paragraph shall be indented and boxed;

(F) Subdivisions (d)(1)(D) and (E) of this section shall be underlined and printed in black ink with 18-point type;

(G) Subdivisions (d)(1)(F) and (G) of this section shall be printed in 18-point boldface type; and

(H) The entries to be made shall be written in indelible red ink.

(e) A notice of correction may be posted by the facility administrator upon receipt from the office, provided that the notice does not obscure the notice of violation. Posting of the notice of correction shall not reduce the amount of time required for the posting of the notice of violation set forth in subsection (c) of this section.

(f) (1) The Ombudsman of the Division of Aging and Adult Services of the Department of Human Services shall be furnished with each final copy of a survey upon completion by the office.

(2) (A) The ombudsman shall prepare a one-page form letter which specifically states whether the facility was found in compliance or out of compliance during the most recent annual survey. In addition, the letter shall include the same information from the previous three (3) annual surveys.

(B) The letter shall be considered separately from the survey process and shall not be admissible as evidence in any proceeding by either party in litigation arising from licensure or certification of long-term care facilities.

(C) Copies of the letter shall be furnished by the office to the facility administrator and the Attorney General.

(g) (1) A long-term care facility required to be licensed under this subchapter shall post in a conspicuous place, readily accessible to residents and visitors, the final certification survey following final administrative determination as defined by regulation of the statement of deficiencies and plans-of-correction survey report received by the facility.

(2) With the survey report, the facility shall post the summary letter prepared by the ombudsman.

(3) The survey report and letter shall remain posted until the next survey report is received by the facility.

(h) Failure to post a notice of violation as required by subsection (c) of this section shall be considered a Class C violation under § 20-10-205 for which civil penalties set forth in § 20-10-206 may be imposed, with each day of noncompliance constituting a separate offense. Otherwise, the failure to comply with the requirements of this section by a long-term care facility or facility administrator shall be considered a Class C violation under § 20-10-205 for which civil penalties set forth in § 20-10-206 may be imposed.