007.05.4-7. Application for License

AR ADC 007.05.4-7Arkansas Administrative CodeEffective: June 15, 2020 to August 3, 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: June 15, 2020 to August 3, 2022
Ark. Admin. Code 007.05.4-7
007.05.4-7. Application for License
A. Any person, partnership, association, corporation or other organization, whether public or private, proprietary or nonprofit who supplies individuals to provide any of the services listed below shall be considered an agency.
B. Agencies shall be required to obtain a license if the following services are provided to an individual in their home or place of residence. These services include:
1. Skilled Nursing Services;
2. Physical Therapy Services;
3. Occupational Therapy Services;
4. Speech-Language Pathology Services;
5. Medical Social Work Services;
6. Home Health Aide Services;
7. Personal Care Aide Services;
8. Extended Care Services.
C. Prior to applying for a license an agency shall obtain a Permit of Approval (POA). Each agency must serve the area which is consistent with their Certificate of Need (CON) or POA. Only under conditional emergency circumstances approved by Health Facility Services may an agency provide care outside the boundaries of their POA. (See requirements for Conditional Emergency Services, Section 15.)
D. Annual license applications shall be on forms prescribed by the Department and shall be effective on a calendar year basis with an expiration date of December 31.
1. Each agency shall receive either a Class A or Class B license. If the agency is certified to participate in the Title XVIII Medicare program, a Class A license shall be issued. A class A agency shall meet the Conditions of Participation as a home health agency under Title XVIII of the Social Security Act and the regulations adopted thereunder (42 Code of Federal Regulations 405.1201 et. seq.), which regulations are adopted by reference herein for all purposes. Copies of the regulation adopted by reference in this section are indexed and filed in Health Facility Services, Arkansas Department of Health, 5800 West Tenth, Suite 400, Little Rock, Arkansas 72204, and are available for public inspection during regular working hours.
2. If the agency is not certified to participate in the Medicare program but provides home health services as defined by Ark. Code Ann. § 20-10-801 et. seq., a Class B license shall be issued.
3. Any agency holding a Class A License may obtain a Derivative Class B license from the Department, provided that the agency holding said Class A license meets the licensing standards set forth in Ark. Code Ann. § 20-10-801 et. seq., and the Rules herein for Class B licensure. A Class B license so issued to the holder of a Class A license shall not be severed from the underlying Class A license nor separately extended into geographic areas apart from the class A service area. A separate POA from the holder of a Class A license shall not be required by the Health Department in order to issue a Derivative Class B license.
4. Each Class A or Class B license shall designate whether an agency provides the following categories of service: intermittent skilled care, extended care and/or personal care.
5. When a category of service is added the agency shall notify Health Facility Services of the intent. Health Facility Services shall then request from the agency the appropriate information needed to determine if the agency meets the regulatory requirements for the category of service being requested. Once this determination is made Health Facility Services shall make the appropriate changes to the license.
6. If a category of service is being discontinues, the agency shall notify Health Facility Services. Notification must include information on how the agency will ensure appropriate transfer of patients.
7. Each agency that is licensed Class A or Class B shall meet the General Requirements section of these rules. According to services provided, agencies shall also be required to meet other sections as follows:
(a) Skilled Care -- General Requirements (Section XI), Skilled Care Services (Section XII);
(b) Extended Care -- General Requirements (Section XI), Skilled Care Services (Section XII), Extended Care Services (Section XIII);
(c) Personal Care -- General Requirements (Section XI), Personal Care Services (Section XIV).
8. No license shall be issued to operate a branch whose primary agency is not located within the State of Arkansas.
E. The agency shall notify Health Facility Services of any of the following:
1. Change of name;
2. Change of location;
3. Addition or deletion of services provided;
4. Request to change license classification;
5. If a Class A agency, notification of changes in certified status;
6. Change in contact information including correspondence address, telephone number, email, fax number; and
7. Change of ownership.
F. Agency Closure. If a licensed agency closes it shall:
1. Notify Health Facility Services in writing of:
a. the effective date;
b. plans for transfer of current patients;
c. plans for storage and retrieval of medical records; and
2. Return original license to Health Facility Services.

Credits

Amended May 1, 2010; June 15, 2020.
Ark. Admin. Code 007.05.4-7, AR ADC 007.05.4-7
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