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007.05.4-15. Conditional Emergency Service

AR ADC 007.05.4-15Arkansas Administrative CodeEffective: August 4, 2022

West's Arkansas Administrative Code
Title 007. Department of Health
Division 05. Health Facility Services
Rule 4. Rules for Home Health Agencies in Arkansas
Effective: August 4, 2022
Ark. Admin. Code 007.05.4-15
Formerly cited as AR ADC 007.05.4-13
007.05.4-15. Conditional Emergency Service
Currentness
A) Conditional Emergency Service
1) Notwithstanding the provisions of these Rules, Health Facility Services shall be empowered to permit the provision of skilled care.
(a) Certifies that the patient requires conditional emergency services which shall be defined as; a medically indicated skilled care case in which the patient requires specialized care of a registered nurse or a licensed practical nurse under the supervision of a registered nurse, not available through licensed agencies in the area and which, if not provided, would result in the patient being institutionalized;
(b) Furnishes such information on forms prescribed by the Department regarding the patients receiving conditional emergency services that would include but not be limited to:
(i) Name of patient;
(ii) Address of the patient;
(iii) Diagnosis;
(iv) The type of specialized skilled extended care the patient requires and why the patient would require institutionalization if the care was not provided;
(c) Furnishes information to the Department ensuring that all agencies whose extended care licensed area encompasses the location of the patient were contacted to determine if the required services could be provided. Such information should include the name of the agency contacted, the name of the person contacted, the date and time of the contact, and the reason given for not being able to provide the care. If the agency contacted does not respond with an answer within 24 hours of the initial contact the agency seeking to provide the services may proceed as required. The lack of response should be noted in the information furnished to the Department.
2) In each case Health Facility Services shall maintain a file or register concerning the Conditional Emergency Service.
3) The approval will be for a period of 180 days. For each consecutive 180-day period thereafter, the agency will be required to submit documentation as required in G.
4) If, at the end of each 180-day period services are available through an agency licensed for the area, the agency providing the service must notify the patient/caregiver of the availability of services through a licensed agency in the area and offer the opportunity to transfer.
5) The choice of transfer shall be the patient/caregiver's decision.
6) An agency operating outside their licensed service area must provide documentation to the Department at the beginning of each 180-day period that the patient was informed of any new agencies providing extended care services in the area and was given the choice of transferring. The information shall be submitted on forms prescribed by the Department.
7) An agency operating outside their licensed geographic area to provide extended care may provide all services required by the patient until such time the skilled extended care is discontinued or the patient is transferred to an agency licensed to provide extended care services in the area. The discharging agency will be responsible for referring the patient to an agency licensed to serve the area in which the patient resides if the patient requires further service.

Credits

Amended May 1, 2010; June 15, 2020; Aug. 4, 2022.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 007.05.4-15, AR ADC 007.05.4-15
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