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20-10-1804. Penalties.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-10-1804. Penalties.
(a) If a nursing facility or nursing home fails to comply with this subchapter, the following penalties may be applied to the facility:
(1) A fine not to exceed five thousand dollars ($5,000) may be assessed by the Office of Long-Term Care for each month in which the facility fails to comply with any provision of this subchapter;
(2)(A) A fine not to exceed ten thousand dollars ($10,000) may be assessed by the office for each calendar day during which a facility lacks electrical power if the outage continues for more than eight (8) consecutive hours.
(B) However, the fine may be imposed if the facility fails to provide emergency power for life-sustaining equipment or life-support equipment and to exit lighting immediately upon loss of normal or regular power supplies;
(3) In addition to any fine or other penalty, the facility may be prohibited from admitting new residents until the facility is in compliance with the requirements of this subchapter, as determined by the office;
(4) A fine not to exceed ten thousand dollars ($10,000) may be assessed by the office for each new admission that occurs during a period in which new admissions are prohibited;
(5) Appeals from the imposition of any monetary penalty under this subchapter shall be made pursuant to § 20-10-208; and
(6) Appeals from the imposition of a denial of new admissions under this subchapter shall be made pursuant to § 20-10-303 [repealed].
(b) Penalties allowed under this subchapter may be waived by the office for any existing facility that is scheduled to be replaced by a new facility which is under construction as of June 1, 2002.
(c) Penalties under this subchapter shall be waived when the generator is rendered inoperable due to natural disaster or other condition
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-10-1804
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:20-10-1804
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 88be7a38521251b5323d6a5e9f7123c00fcd58c9b2fe3cdbcd37c443e8152c3e
Source location: content.xml paragraph 7416
Stored source content
20-10-1804. Penalties.
(a) If a nursing facility or nursing home fails to comply with this subchapter, the following penalties may be applied to the facility:
(1) A fine not to exceed five thousand dollars ($5,000) may be assessed by the Office of Long-Term Care for each month in which the facility fails to comply with any provision of this subchapter;
(2)(A) A fine not to exceed ten thousand dollars ($10,000) may be assessed by the office for each calendar day during which a facility lacks electrical power if the outage continues for more than eight (8) consecutive hours.
(B) However, the fine may be imposed if the facility fails to provide emergency power for life-sustaining equipment or life-support equipment and to exit lighting immediately upon loss of normal or regular power supplies;
(3) In addition to any fine or other penalty, the facility may be prohibited from admitting new residents until the facility is in compliance with the requirements of this subchapter, as determined by the office;
(4) A fine not to exceed ten thousand dollars ($10,000) may be assessed by the office for each new admission that occurs during a period in which new admissions are prohibited;
(5) Appeals from the imposition of any monetary penalty under this subchapter shall be made pursuant to § 20-10-208; and
(6) Appeals from the imposition of a denial of new admissions under this subchapter shall be made pursuant to § 20-10-303 [repealed].
(b) Penalties allowed under this subchapter may be waived by the office for any existing facility that is scheduled to be replaced by a new facility which is under construction as of June 1, 2002.
(c) Penalties under this subchapter shall be waived when the generator is rendered inoperable due to natural disaster or other conditions beyond the control or authority of the facility and when the facility has taken reasonable actions to ensure the operation of the generator.
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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.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-10-303. [Repealed.]
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-10-303
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: repealed. The source passage cites 20-10-303. This identifies an authority to review, not proof of applicability.