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20-10-214. Penalties for §§ 20-10-213 — 20-10-228.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-10-214. Penalties for §§ 20-10-213 — 20-10-228.
(a) Any person, partnership, association, or corporation establishing, conducting, managing, or operating any institution or facility or any combination of separate entities working in concert within the meaning of §§ 20-10-213 — 20-10-228 without first obtaining a license therefor as provided or violating any provision of §§ 20-10-213 — 20-10-228 or rule lawfully promulgated under §§ 20-10-213 — 20-10-228 shall be guilty of a violation.
(b) Upon conviction, the person, partnership, association, or corporation shall be liable for a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for the first offense nor more than one thousand dollars ($1,000) for each subsequent offense.
(c) Each day that the institution shall operate after a first conviction shall be considered a subsequent offense.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-10-214
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:20-10-214
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 004d1fd7b711ee9eeeed6e689bc5845f9c4c9686e23b5b473df4ce430b1eecbf
Source location: content.xml paragraph 5544
Stored source content
20-10-214. Penalties for §§ 20-10-213 — 20-10-228.
(a) Any person, partnership, association, or corporation establishing, conducting, managing, or operating any institution or facility or any combination of separate entities working in concert within the meaning of §§ 20-10-213 — 20-10-228 without first obtaining a license therefor as provided or violating any provision of §§ 20-10-213 — 20-10-228 or rule lawfully promulgated under §§ 20-10-213 — 20-10-228 shall be guilty of a violation.
(b) Upon conviction, the person, partnership, association, or corporation shall be liable for a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for the first offense nor more than one thousand dollars ($1,000) for each subsequent offense.
(c) Each day that the institution shall operate after a first conviction shall be considered a subsequent offense.
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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.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-10-228. Information received by Department of Human Services confidential.
(a) Except in a proceeding involving the question of licensing or revocation of a license or as permitted in § 20-10-210(b), information received by the Department of Human Services, through inspection or otherwise, authorized under §§ 20-10-213 — 20-10-228, shall not be disclosed publicly in such a manner as to identify long-term care facility residents, their families, or persons filing complaints.
(b)(1) However, in the case of a specific written request by the deputy director of the appropriate division as determined by the Director of the Department of Human Services for information concerning a certain long-term care facility, information obtained during recent inspections of the facility may be supplied in writing to the deputy director.
(2) This exception applies only to facilities providing care for recipients of public welfare and is not to be construed as permitting the exchange of such information on all homes in the state but is specifically limited to those for which the appropriate division as determined by the Director of the Department of Human Services has specific complaints.
(3) These complaints shall be forwarded to the department along with the request for information from the deputy director.
(4) Information received by the deputy director in the manner prescribed in this subsection shall not be disclosed.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-10-228
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 20-10-228. This identifies an authority to review, not proof of applicability.