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20-10-204. Notice of violation.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-10-204. Notice of violation.
(a) If upon inspection or investigation the Office of Long-Term Care determines that a licensed long-term care facility is in violation of any federal or state law, rule, or regulation pertaining to Title XIX Medicaid certification or licensure, the office shall promptly serve by certified mail or other means that gives actual notice, a notice of violation upon the licensee when the violation is a classified violation as described in § 20-10-205.
(b) Each notice of violation shall:
(1) Be prepared in writing;
(2) Specify the:
(A) Exact nature of the classified violation;
(B) Statutory provision or specific rule alleged to have been violated;
(C) Facts and grounds constituting the elements of the classified violation; and
(D) Amount of civil penalty or other administrative remedy, if any, imposed by the Secretary of the Department of Human Services; and
(3)(A) Inform the licensee of the right to a hearing under § 20-10-208 when administrative remedies or civil penalties are imposed.
(B) Any hearing conducted under this chapter shall conform to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., and rules of the Department of Human Services promulgated under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-10-204
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:20-10-204
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 522b0c00b8a6e59345f46fa067ae04081238bba3472d65fa290e29c6e15b810a
Source location: content.xml paragraph 5326
Stored source content
20-10-204. Notice of violation.
(a) If upon inspection or investigation the Office of Long-Term Care determines that a licensed long-term care facility is in violation of any federal or state law, rule, or regulation pertaining to Title XIX Medicaid certification or licensure, the office shall promptly serve by certified mail or other means that gives actual notice, a notice of violation upon the licensee when the violation is a classified violation as described in § 20-10-205.
(b) Each notice of violation shall:
(1) Be prepared in writing;
(2) Specify the:
(A) Exact nature of the classified violation;
(B) Statutory provision or specific rule alleged to have been violated;
(C) Facts and grounds constituting the elements of the classified violation; and
(D) Amount of civil penalty or other administrative remedy, if any, imposed by the Secretary of the Department of Human Services; and
(3)(A) Inform the licensee of the right to a hearing under § 20-10-208 when administrative remedies or civil penalties are imposed.
(B) Any hearing conducted under this chapter shall conform to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., and rules of the Department of Human Services promulgated under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
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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
20-10-208. 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
25-15-201. Title.
This subchapter shall be known and cited as the “Arkansas Administrative Procedure Act”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 25-15-201
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 25-15-201. This identifies an authority to review, not proof of applicability.