Arkansas Legal Resource Navigator

20-10-228. Information received by Department of Human Services confidential.

Arkansas Code — all titles (historical 2020) · legal_authorities

20-10-228. Information received by Department of Human Services confidential.

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. A text match is a research starting point; applicability is not established.

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Record provenance

Stable record: arkansas_code:legal_authorities:20-10-228
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: eef4c8cc821fb24f43e07ec5f3fe728b0b879a97fce04aa7f08a31f6851ee03b

Source location: content.xml paragraph 5720

Stored source content

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.

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Arkansas Code — all titles (historical 2020) · legal_authorities

20-10-210. Information received by Office of Long-Term Care confidential.

20-10-210. Information received by Office of Long-Term Care confidential. (a) Except in cases of civil or criminal litigation or as permitted in subsection (b) of this section, information received by the Office of Long-Term Care, through inspection or otherwise, shall not be disclosed publicly, in administrative appeals or otherwise, in such a manner as to identify long-term care facility residents, their families, or persons filing complaints against a long-term care facility. (b) Information received or generated by the office, including surveyors' notes, documents, photographs, or other materials gathered, generated, or used by the surveyors in their survey or investigation of a founded complaint, shall be made available to the long-term care facility that is the subject of the survey or investigation upon the completion of the investigation or survey. However, no information that reveals the identity or tends to reveal the identity of any complainant may be disclosed.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-10-210

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 20-10-210. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

20-10-213. Definitions for §§ 20-10-213 — 20-10-228.

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.