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20-10-1004. Prohibiting new admissions — Hearings and appeals.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-10-1004. Prohibiting new admissions — Hearings and appeals.
(a) The Director of the Office of Long-Term Care may prohibit new admissions to a long-term care facility not in compliance due to a Class A violation until the Office of Long-Term Care determines the facility is in substantial compliance.
(b) If the director determines to prohibit admissions to a facility, he or she shall notify the administrator of the facility in writing, by certified mail or other means which gives actual notice, that the facility is prohibited from admitting any new residents due to a Class A violation and that the prohibition shall continue until the office makes a determination that the facility has corrected the deficiency and is in substantial compliance.
(c)(1) The facility may request an immediate hearing by written request to the Secretary of the Department of Human Services.
(2) The Department of Human Services shall provide a fair and impartial hearing officer within ten (10) days of receipt of the request.
(3) Unless in conflict with this subsection, the procedure for hearings and appeals set forth in § 20-10-208 shall be followed.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-10-1004
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:20-10-1004
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: a8c9c1f279a1b59e17221fd213a12d06fadda91f58e2eae9d276fc89b958b6ea
Source location: content.xml paragraph 6457
Stored source content
20-10-1004. Prohibiting new admissions — Hearings and appeals.
(a) The Director of the Office of Long-Term Care may prohibit new admissions to a long-term care facility not in compliance due to a Class A violation until the Office of Long-Term Care determines the facility is in substantial compliance.
(b) If the director determines to prohibit admissions to a facility, he or she shall notify the administrator of the facility in writing, by certified mail or other means which gives actual notice, that the facility is prohibited from admitting any new residents due to a Class A violation and that the prohibition shall continue until the office makes a determination that the facility has corrected the deficiency and is in substantial compliance.
(c)(1) The facility may request an immediate hearing by written request to the Secretary of the Department of Human Services.
(2) The Department of Human Services shall provide a fair and impartial hearing officer within ten (10) days of receipt of the request.
(3) Unless in conflict with this subsection, the procedure for hearings and appeals set forth in § 20-10-208 shall be followed.
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Arkansas Code — all titles (historical 2020) · legal_authorities
20-10-208. Hearings.
(a)(1) A licensee may contest an assessment of a civil penalty or any administrative remedy imposed by the Office of Long-Term Care by sending a written request for a hearing to the Secretary of the Department of Human Services.
(2) Requests for hearings shall be received by the secretary within sixty (60) days after receipt by the licensee of the notice of violation and the assessment of any civil penalty or any administrative remedy imposed by the office.
(b)(1) The secretary shall assign the appeal to a fair and impartial hearing officer who shall not be a full-time employee of the Department of Human Services.
(2) The hearing officer shall preside over the hearing and make findings of fact and conclusions of law in the form of a recommendation to the secretary.
(3) The secretary shall review any recommendation and make the final decision. He or she:
(A) May approve the recommendation; or
(B) May for good cause:
(i) Modify the recommendation in whole or in part; or
(ii)(a) Remand the recommendation for further proceedings as directed by him or her.
(b) If the recommendation is remanded, the hearing officer shall conduct further proceedings as directed by the secretary and shall submit an amended recommendation to the secretary.
(4) If the secretary modifies a recommendation, in whole or in part, or if the secretary remands the decision, he or she shall state in writing at the time of the remand or modification all grounds for the remand or modification, including statutory, regulatory, factual, or other grounds.
(5) The modification or approval of a recommendation by the secretary shall be the final agency action as provided by the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
(c)(1)(A) The department shall
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-10-208
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 20-10-208. This identifies an authority to review, not proof of applicability.