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016.06.16-3007.6.0. Offering Long--Term Care Options Counseling Consultations

AR ADC 016.06.16-3007.6.0Arkansas Administrative Code

West's Arkansas Administrative Code
Title 016. Department of Human Services
Division 06. Division of Medical Services
Rule 16. Options Counseling and Mds Referrals
Ark. Admin. Code 016.06.16-3007.6.0
016.06.16-3007.6.0. Offering Long--Term Care Options Counseling Consultations
Currentness
3007.6.1 Long-Term Care Facility Responsibilities
A. Long-Term Care Facility Admissions
1. Long-term care facilities must inform new admissions of the opportunity for a long-term care Options Counseling consultation at admission regardless of the individual's payment source.
2. When admitting a resident, the long-term care facility must:
a. Complete and obtain the signature of each resident or the resident's representative on a separate Form DHS-9571;
b. Transmit the form to the Arkansas Department of Human Services (DHS) via online submission at https://dhs.arkansas.gov/daas/NursingHome/ no later than 5:00 p.m. of the next business day following the admission. Due to the one-day timeline for submission that is required by law, if the facility is having connectivity problems, it may fax the form to the Office of Long Term Care in order to meet the timeline; but once connectivity returns, the facility must follow-up and enter the information that had previously been faxed, via the website;
Note: There are two methods for obtaining a signed DHS-9571. The long-term care facility may complete the form manually, obtain the signature of the individual or representative, and then key the information into the website; or, key the information into the website, print the completed form from the website, and then obtain the signature of the individual or representative.
c. Maintain the original DHS-9571 in the resident's file at the long-term care facility until completion of the next standard survey or for 18 months, whichever is longer; and
d. Make these records available for audit purposes as requested by DHS, its representatives, or designees.
B. Previously Admitted Long-Term Care Facility Residents Who Apply For Long-Term Care Medicaid
Each long-term care facility must:
1. Offer the opportunity for an Options Counseling consultation to previously admitted residents who apply for long-term care Medicaid reimbursement;
2. Offer the opportunity for an Options Counseling consultation to each resident before the Medicaid application is filed if possible; and
3. Transmit the form to DHS via online submission at https://dhs.arkansas.gov/daas/NursingHome/ no later than 5:00 p.m. of the next business day following the offer;
4. When a person or the person's representative declines an offer for an Options Counseling consultation, the long-term care facility must complete Form DHS-9571 documenting that the individual refused an Options Counseling consultation.
5. Maintain the original DHS-9571 in the resident's patient file at the long-term care facility until completion of the next standard survey (for nursing homes) or licensure survey (for Level II Assisted Living Facilities), or for 18 months, whichever is longer; and
6. Make these records available for audit purposes as requested by DHS, its representatives, or designees.
C. For Long-Term Care Facilities completing an MDS either at admission or at reassessment, the facility shall:
1. Complete section Q of the MDS. The long-term care facility shall be required to refer the individual to the “local contact agency” (DHS) if the care plan process determines that it is feasible that the individual may be able to return to the community, or if the individual or representative responds positively to the question, “Do you want to talk with someone about the possibility of returning to the community?”;
2. If a referral is appropriate, the long-term care facility will transmit the information on the individual via the same online submission as Options Counseling at https://dhs.arkansas.gov/daas/NursingHome/ no later than 10 days from the time the MDS is completed;
3005.6.2 DHS, Division of County Operations, (DCO), Responsibilities.
DCO will offer information on Options Counseling to each long-term care Medicaid applicant.

Credits

Amended May 15, 2011; June 30, 2012.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 016.06.16-3007.6.0, AR ADC 016.06.16-3007.6.0
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