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20-10-2005. Existing unlicensed facilities.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-10-2005. Existing unlicensed facilities.
(a) Assisted living facilities and residential care facilities that are unlicensed on April 13, 2005, shall have until March 15, 2006, in which to apply for an assisted living facility license or residential care facility license.
(b) Any assisted living facility or residential care facility that fails to become licensed on or before October 15, 2007, shall be subject to the provisions of § 20-10-2007.
(c)(1) An assisted living facility or residential care facility shall be exempt from the state permit-of-approval process for purposes of this section if the facility obtains a license within the time provided in subsection (b) of this section.
(2) After the time provided in subsection (b) of this section, the facility shall comply with the permit-of-approval process and methodology in all other respects.
(d) The Office of Long-Term Care shall report to the Health Services Permit Agency when a facility has been licensed without a state permit of approval under this section.
(e) The agency shall take account of the new beds in its counting for need purposes under the permit-of-approval methodology.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-10-2005
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:20-10-2005
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: c812c6dfb8c735a74fa379631ddaaf1fa686057ce6923ab55dbad51eee8f2e5f
Source location: content.xml paragraph 7647
Stored source content
20-10-2005. Existing unlicensed facilities.
(a) Assisted living facilities and residential care facilities that are unlicensed on April 13, 2005, shall have until March 15, 2006, in which to apply for an assisted living facility license or residential care facility license.
(b) Any assisted living facility or residential care facility that fails to become licensed on or before October 15, 2007, shall be subject to the provisions of § 20-10-2007.
(c)(1) An assisted living facility or residential care facility shall be exempt from the state permit-of-approval process for purposes of this section if the facility obtains a license within the time provided in subsection (b) of this section.
(2) After the time provided in subsection (b) of this section, the facility shall comply with the permit-of-approval process and methodology in all other respects.
(d) The Office of Long-Term Care shall report to the Health Services Permit Agency when a facility has been licensed without a state permit of approval under this section.
(e) The agency shall take account of the new beds in its counting for need purposes under the permit-of-approval methodology.
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Arkansas Code — all titles (historical 2020) · legal_authorities
20-10-2007. Penalties and enforcement.
(a) Each person establishing, conducting, managing, constructing, or operating an assisted living facility or residential care facility without a license in violation of this subchapter or using the terms “assisted living”, “residential care”, or similar term to promote the facility's services without first having obtained a license is subject to penalties under this chapter for operating an unlicensed long-term care facility.
(b) The Department of Human Services shall have the same powers to enforce this subchapter as are authorized in § 20-10-215.
(c)(1) The department may enter and inspect suspected unlicensed assisted living or residential care facilities, including any combination of separate entities working in concert within the meaning of § 20-10-215 without first having secured a warrant.
(2) If a facility denies or refuses the department entry or denies, refuses, or interferes with inspection by the department, the department may apply for and shall be granted an injunction in the name of the state to prohibit the facility from operating until the department is permitted to enter and inspect the facility.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-10-2007
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 20-10-2007. This identifies an authority to review, not proof of applicability.