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016.06.5-600. Miscellaneous Provisions

AR ADC 016.06.5-600Arkansas Administrative CodeEffective: January 1, 2020

West's Arkansas Administrative Code
Title 016. Department of Human Services
Division 06. Division of Medical Services
Rule 5. Rules Pertaining to Post-Acute Head Injury Retraining and Residential Adult Care Facilities (Refs & Annos)
Effective: January 1, 2020
Ark. Admin. Code 016.06.5-600
016.06.5-600. Miscellaneous Provisions
Currentness
601. Severabilily [FN1]: If any provision of these rules, or their application to any person or circumstance is held invalid, such invalidity shall not affect other provisions and application of these rules which can be given effect without the invalid provisions or applications, and to this end the provisions of the rules are declared to be severable.
602. Interpretation: Whenever in these rules any word importing the singular or plural number is used in describing any matter, person, or thing, the word shall be deemed to include the plural or singular.
603. Judicial Power of Enforcement:
603.1 The Office of Long Term Care may bring an action for a temporary restraining order, preliminary injunction, or permanent injunction against the Licensee of a Facility to enjoin one or more of the following:
A. Operation of:
1. An unlicensed Facility;
2. A previously licensed Facility which has had its license suspended or revoked; or
3. A licensed Facility for which procedures for non- renewal or revocation of the Facility's License has been initiated and an emergency exists.
B. Acts or omissions which constitute a continuing violation of these rules;
C. Admission of new Residents into a Facility:
1. Which is operating without a license;
2. Which has had its license suspended or revoked;
3. Which is presently involved in proceedings for non- renewal, suspension, or revocation of the license and an emergency exists; or
4. In which continued admissions into the Facility will place the lives, health, safety, and welfare of the present and future Residents in imminent danger.
603.2 The Office of Long Term Care may relocate Residents from a Facility if any of the following conditions exists:
A. One or more violations remain uncorrected after efforts seeking compliance have failed, and the violation significantly impairs the Facility's ability to provide an adequate level of services and assistance to its Residents;
B. An emergency exists in the Facility;
C. The Licensee voluntarily closes the Facility; or
D. The Facility requests the aid of the Office of Long Term Care in the removal of Residents and the removal is made:
1. With consent of the Residents;
2. For valid medical reasons; or
3. For the welfare of the Resident or other Residents.
603.3 The Office of Long Term Care may suspend the admission of Residents to a Facility on the following grounds:
A. One or more deficiencies that directly affect the health and safety of Residents remain uncorrected after efforts seeking compliance have failed and the effect of the violation or violations is to impair significantly the Facility's ability to provide an adequate level of services or assistance to its Residents; or
B. An emergency exists in the Facility. Before new admissions are suspended, the Licensee shall receive prompt notice of the Office of Long Term Care's decision. The suspension shall terminate upon the Office of Long Term Care's determination that the Facility is in substantial compliance or upon successful appeal of the suspension by the Licensee.

Credits

Amended Jan. 1, 2020.
[FN1]
So in original.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 016.06.5-600, AR ADC 016.06.5-600
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