Browse Arkansas Code titles and sections
20-10-1007. Adverse action against residents prohibited — Violations.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-10-1007. Adverse action against residents prohibited — Violations.
(a) No long-term care facility owner, administrator, employee, or other representative shall discriminate, retaliate, or seek reprisal in any manner against a resident or employee of a long-term care facility who has initiated or participated in any proceeding provided in this subchapter.
(b) Any adverse action taken against a resident of a long-term care facility within one hundred twenty (120) days of the filing of a complaint or initiation of any action shall give rise to a rebuttable presumption that the action was taken by the owner, administrator, employee, or other representative in violation of subsection (a) of this section.
(c) Failure to comply with this section by any facility owner, administrator, employee, or other representative shall be considered a Class B violation under § 20-10-205 for which civil penalties set forth in § 20-10-206 may be imposed.
(d) Any appeal shall be under the procedure set forth in § 20-10-208.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-10-1007
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.
Issuing source page ↗
Authority boundary: historical statutory source snapshot not current law.
Open the recorded source website ↗
Record provenance
Stable record: arkansas_code:legal_authorities:20-10-1007
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 71b13659a9237ae30177c756dfc9d4ced1b1a2ec5e4c2651ba6d099ac61d95fc
Source location: content.xml paragraph 6515
Stored source content
20-10-1007. Adverse action against residents prohibited — Violations.
(a) No long-term care facility owner, administrator, employee, or other representative shall discriminate, retaliate, or seek reprisal in any manner against a resident or employee of a long-term care facility who has initiated or participated in any proceeding provided in this subchapter.
(b) Any adverse action taken against a resident of a long-term care facility within one hundred twenty (120) days of the filing of a complaint or initiation of any action shall give rise to a rebuttable presumption that the action was taken by the owner, administrator, employee, or other representative in violation of subsection (a) of this section.
(c) Failure to comply with this section by any facility owner, administrator, employee, or other representative shall be considered a Class B violation under § 20-10-205 for which civil penalties set forth in § 20-10-206 may be imposed.
(d) Any appeal shall be under the procedure set forth in § 20-10-208.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-10-205. Classification of violations.
(a) The Office of Long-Term Care shall promulgate rules specifying classified violations in accordance with this section.
(b) The notice of violation issued to a long-term care facility by the Director of the Office of Long-Term Care shall be classified according to the nature of the violation and shall indicate the classification on the face of the notice as follows:
(1) 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;
(2) 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;
(3) Class C violations shall relate to administrative and reporting requirements that do not directly threaten the health, safety, or welfare of a resident; and
(4)(A) Class D violations shall relate to the timely submission of statistical and financial reports to the office.
(B) The failure to timely submit a statistical or financial report shall be considered a separate Class D violation during any month or part of a month of noncompliance.
(C) In addition to any civil penalty which may be imposed, the director is authorized, after the first month of a Class D violation, to withhold any further reimbursement to the long-term care facility until the statistical and financial report is received by the office.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-10-205
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 20-10-205. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-10-206. Civil penalties.
(a)(1) In the case of a Class A violation, the following civil penalties shall be assessed by the Director of the Office of Long-Term Care against the long-term care facility. In Class B, Class C, or Class D violations, the director, in his or her discretion, may assess the following civil penalties or may allow a specified period of time for correction of the violation:
(A)(i) Class A violations are subject to a civil penalty not to exceed two thousand five hundred dollars ($2,500) for the first violation.
(ii) A second Class A violation occurring within a six-month period shall be subject to a civil penalty of five thousand dollars ($5,000).
(iii) The third Class A violation occurring within a six-month period from the first violation shall result in proceedings being commenced for termination of the facility's Medicaid agreement and may result in proceedings being commenced for revocation of licensure of the facility;
(B)(i) Class B violations are subject to a civil penalty not to exceed one thousand dollars ($1,000).
(ii) A second Class B violation occurring within a six-month period shall be subject to a civil penalty of two thousand dollars ($2,000).
(iii) A third Class B violation occurring within a six-month period from the first violation shall result in proceedings being commenced for termination of the facility's Medicaid agreement and may result in proceedings being commenced for revocation of the licensure of the facility;
(C) Class C violations are subject to a civil penalty to be set by the director in an amount not to exceed five hundred dollars ($500) for each violation; and
(D) Class D violations are subject to a civil penalty to be set by the director in an amount not to exceed two hundred fifty dollars ($
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-10-206
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 20-10-206. This identifies an authority to review, not proof of applicability.
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.