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20-10-1902. Definitions.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-10-1902. Definitions.
As used in this subchapter:
(1) “Deficiency” means a violation or alleged violation by a long-term care facility of applicable state or federal laws, rules, or regulations governing the operation or licensure of a long-term care facility;
(2) “Deficiency tag number” means an alphanumeric designation of a deficiency by the Office of Long-Term Care that denotes the applicable state or federal rule, regulation, or law allegedly violated and that is used on the statement of deficiencies;
(3)(A) “Impartial decision maker” means an individual employed by a state agency to conduct an informal dispute resolution hearing for the agency.
(B) “Impartial decision maker” does not include an individual who is presently or has been within the previous twenty-four (24) months actively involved in any survey process under the Department of Human Services;
(4) “Informal dispute resolution” means a nonjudicial process or forum before an impartial decision maker that provides a long-term care facility cited for deficiency with the opportunity to dispute a citation for deficiency;
(5) “Long-term care facility” has the same meaning as under § 20-10-213;
(6) “Party” means a long-term care facility requesting an informal dispute resolution hearing or the office, or both;
(7) “State survey agency” means the Office of Long-Term Care, which is the federally designated state entity that performs Medicaid and Medicare surveys and inspections of Arkansas long-term care facilities; and
(8)(A) “Statement of deficiencies” means a statement prepared by the office citing the applicable state or federal laws, rules, or regulations violated by a long-term care facility and the facts supporting the citation.
(B) A statement of deficiencies may also be referred t
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-10-1902
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:20-10-1902
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: ab9d14cab74ab53bf1063d7f96a58e479ecdd331cb5d6eadc4dd5b1d6f8aba9c
Source location: content.xml paragraph 7447
Stored source content
20-10-1902. Definitions.
As used in this subchapter:
(1) “Deficiency” means a violation or alleged violation by a long-term care facility of applicable state or federal laws, rules, or regulations governing the operation or licensure of a long-term care facility;
(2) “Deficiency tag number” means an alphanumeric designation of a deficiency by the Office of Long-Term Care that denotes the applicable state or federal rule, regulation, or law allegedly violated and that is used on the statement of deficiencies;
(3)(A) “Impartial decision maker” means an individual employed by a state agency to conduct an informal dispute resolution hearing for the agency.
(B) “Impartial decision maker” does not include an individual who is presently or has been within the previous twenty-four (24) months actively involved in any survey process under the Department of Human Services;
(4) “Informal dispute resolution” means a nonjudicial process or forum before an impartial decision maker that provides a long-term care facility cited for deficiency with the opportunity to dispute a citation for deficiency;
(5) “Long-term care facility” has the same meaning as under § 20-10-213;
(6) “Party” means a long-term care facility requesting an informal dispute resolution hearing or the office, or both;
(7) “State survey agency” means the Office of Long-Term Care, which is the federally designated state entity that performs Medicaid and Medicare surveys and inspections of Arkansas long-term care facilities; and
(8)(A) “Statement of deficiencies” means a statement prepared by the office citing the applicable state or federal laws, rules, or regulations violated by a long-term care facility and the facts supporting the citation.
(B) A statement of deficiencies may also be referred to as a “2567”.
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Arkansas Code — all titles (historical 2020) · legal_authorities
20-10-213. Definitions for §§ 20-10-213 — 20-10-228.
As used in this section and §§ 20-10-214 — 20-10-228:
(1) “Department” means the Department of Human Services;
(2) “Director” means the Director of the Office of Long-Term Care;
(3) “Federal act” means the Hospital Survey and Construction Act, Pub. L. No. 79-725, as amended;
(4)(A)(i) “Institution” means a place for the diagnosis, treatment, or care of two (2) or more persons not related to the proprietor’s suffering from illness, injury, or deformity or where obstetrical care or care of the aged, blind, or disabled is rendered over a period exceeding twenty-four (24) hours.
(ii) “Institution” also includes an outpatient surgery center and an alcohol and drug abuse treatment center.
(B) No establishment operated by the United States Government or an agency thereof is within this definition;
(5)(A) “Long-term care facility” means any building, structure, agency, institution, or other place for the reception, accommodation, board, care, or treatment of more than three (3) unrelated individuals who because of age, illness, blindness, disease, or physical or mental infirmity are unable to sufficiently or properly care for themselves and where a charge is made for that reception, accommodation, board, care, or treatment.
(B) “Long-term care facility” does not include:
(i) The offices of private physicians and surgeons;
(ii) Hospitals;
(iii) Recuperation centers;
(iv) Supervised or supported living apartments, group homes, family homes, or developmental day treatment clinics for individuals with developmental disabilities operated by providers licensed by the Division of Developmental Disabilities Services of the Department of Human Services;
(v) Institutions operated by the United States Governme
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-10-213
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 20-10-213. This identifies an authority to review, not proof of applicability.