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20-10-2107. Fees.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-10-2107. Fees.
(a) After the first three (3) failures of a long-term care facility to complete the form required under § 20-10-2106 in any calendar year, the Department of Human Services shall assess a fee against the long-term care facility of twenty-five dollars ($25.00) for each failure beyond three (3), with an annual maximum fee of one thousand two hundred dollars ($1,200).
(b) A long-term care facility assessed a fee under this section may appeal the assessment under § 20-10-208.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-10-2107
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:20-10-2107
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 1e13da2352270e19338e551ad2deaf67338b2e046e6c6a20fcb2cf625d482a08
Source location: content.xml paragraph 7758
Stored source content
20-10-2107. Fees.
(a) After the first three (3) failures of a long-term care facility to complete the form required under § 20-10-2106 in any calendar year, the Department of Human Services shall assess a fee against the long-term care facility of twenty-five dollars ($25.00) for each failure beyond three (3), with an annual maximum fee of one thousand two hundred dollars ($1,200).
(b) A long-term care facility assessed a fee under this section may appeal the assessment under § 20-10-208.
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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
20-10-2106. Rules.
The Secretary of the Department of Human Services shall adopt rules necessary to implement and administer this subchapter, including without limitation:
(1) Procedures for a long-term care facility to notify the Office of Long-Term Care of admissions; and
(2)(A) Procedures by which a person in a long-term care facility may decline options counseling for long-term care.
(B)(i) These procedures shall include a form promulgated by the Department of Human Services for use by a long-term care facility.
(ii) The form shall be limited to one (1) page and shall:
(a) Be orally read to the resident or, if applicable, the resident's representative by long-term care facility staff except as provided in this subdivision (2)(B)(ii);
(b) List the date;
(c) State the name of the resident or, if applicable, the resident's representative;
(d) Contain checkboxes indicating that:
(1) The office was notified of the admission;
(2) The form was not read orally to the resident or resident's representative because the resident lacks decisional capacity and does not have a representative; and
(3) The resident or the resident's representative declined the options counseling for long-term care;
(e) Contain a statement and an acknowledgment that options counseling for long-term care is an optional program and may be declined by execution of the form;
(f) Be signed by the resident or, if applicable, the resident's representative; and
(g) Be retained by the long-term care facility in the resident's admission file for eighteen (18) months or until the next standard survey, whichever is longer.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-10-2106
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 20-10-2106. This identifies an authority to review, not proof of applicability.