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20-10-1409. Staffing standards — Definition.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-10-1409. Staffing standards — Definition.
(a) The staffing standards as set forth in § 20-10-1403 are to be construed as nursing facility staffing standards above the 1989 standards established by the Office of Long-Term Care.
(b)(1) If the Secretary of the Department of Human Services determines that the reimbursement methodology or available funding is insufficient or unable to pay for the minimum staffing standards under § 20-10-1403, the office, by rule, may modify the requirements of § 20-10-1403 to ensure minimum staffing funds.
(2) If the Director of the Office of Long-Term Care determines that the minimum staffing standards under § 20-10-1403 or § 20-10-1404 have become insufficient at any time to ensure the health, safety, or welfare of nursing facility residents, by rule, the office may increase minimum staffing standards or otherwise promulgate rules to ensure the health, safety, or welfare of the nursing facility residents.
(c)(1)(A) If the Director of the Office of Long-Term Care determines that minimum staffing standards should be increased pursuant to subdivision (b)(2) of this section, the Director of the Office of Long-Term Care shall certify the determination and any proposed regulatory increases to minimum staffing standards to the Director of the Division of Medical Services, who shall notify the Secretary of the Department of Human Services and the Legislative Council of the determination and whether sufficient appropriated funds exist to fund the costs to be incurred by the proposed changes to the minimum staffing standards.
(B) As used in this subsection, “costs” means direct-care costs as defined in the Centers for Medicare & Medicaid Services Provider Reimbursement Manual as in effect January 12, 2001.
(2) In no event shall minimu
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-10-1409
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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Stable record: arkansas_code:legal_authorities:20-10-1409
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: f131333397c7a646a67000baeef2e9b120732dd61961d8af780f3e0ab2154cf1
Source location: content.xml paragraph 7038
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20-10-1409. Staffing standards — Definition.
(a) The staffing standards as set forth in § 20-10-1403 are to be construed as nursing facility staffing standards above the 1989 standards established by the Office of Long-Term Care.
(b)(1) If the Secretary of the Department of Human Services determines that the reimbursement methodology or available funding is insufficient or unable to pay for the minimum staffing standards under § 20-10-1403, the office, by rule, may modify the requirements of § 20-10-1403 to ensure minimum staffing funds.
(2) If the Director of the Office of Long-Term Care determines that the minimum staffing standards under § 20-10-1403 or § 20-10-1404 have become insufficient at any time to ensure the health, safety, or welfare of nursing facility residents, by rule, the office may increase minimum staffing standards or otherwise promulgate rules to ensure the health, safety, or welfare of the nursing facility residents.
(c)(1)(A) If the Director of the Office of Long-Term Care determines that minimum staffing standards should be increased pursuant to subdivision (b)(2) of this section, the Director of the Office of Long-Term Care shall certify the determination and any proposed regulatory increases to minimum staffing standards to the Director of the Division of Medical Services, who shall notify the Secretary of the Department of Human Services and the Legislative Council of the determination and whether sufficient appropriated funds exist to fund the costs to be incurred by the proposed changes to the minimum staffing standards.
(B) As used in this subsection, “costs” means direct-care costs as defined in the Centers for Medicare & Medicaid Services Provider Reimbursement Manual as in effect January 12, 2001.
(2) In no event shall minimum staffing standards be increased unless sufficient appropriated funds exist to fund the costs to be incurred by the proposed increases to minimum staffing standards.
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Arkansas Code — all titles (historical 2020) · legal_authorities
20-10-1403. Ratio of staff to residents.
(a) Except for nursing facilities that the Office of Long-Term Care designates as Eden Alternative nursing facilities or Green House Project nursing facilities, all nursing facilities shall maintain the following minimum direct-care staffing-to-resident ratios:
(1) One (1) direct-care staff to every six (6) residents for the day shift. Of this direct-care staff, there shall be at least one (1) licensed nurse to every forty (40) residents;
(2) One (1) direct-care staff to every nine (9) residents for the evening shift. Of this direct-care staff, there shall be at least one (1) licensed nurse to every forty (40) residents; and
(3) One (1) direct-care staff to every fourteen (14) residents for the night shift. Of this direct-care staff, there shall be at least one (1) licensed nurse to every eighty (80) residents.
(b)(1) Licensed direct-care staff shall not be excluded from the computation of the ratios of direct-care staff to residents while serving in a staffing capacity that requires less education and training than is commensurate with their professional licensure.
(2) Licensed direct-care staff who serve in a staffing capacity that requires less education and training than is commensurate with their professional licensure shall not be restricted from providing direct-care services within the scope of their professional licensure in order to be included in the computation of the ratios of direct-care staff to residents.
(c) Nursing facilities shall provide in-service training to their direct-care staffs pursuant to rules promulgated by the office.
(d) Upon any expansion of resident census by the facility, the facility shall be exempt from any increase in staffing ratios for a period of nine (9) consecutive shifts
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-10-1403
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 20-10-1403. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-10-1404. Director of nurses.
(a) In addition to the minimum direct-care staffing ratios in § 20-10-1403, each nursing facility shall employ a registered nurse to serve as director of nurses.
(b)(1) The director shall be a full-time employee and shall be employed for no less than forty (40) hours per week.
(2) An additional registered nurse shall be employed for a minimum of sixteen (16) hours per week to ensure coverage seven (7) days a week.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-10-1404
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 20-10-1404. This identifies an authority to review, not proof of applicability.