Home Table of Contents

016.06.5-400. Residents Rights

AR ADC 016.06.5-400Arkansas 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 016.06.5-400
016.06.5-400. Residents Rights
Currentness
401. Specific Residents Rights: Each resident shall have the following specific rights, and each Facility shall safeguard and not abridge these rights:
The facility shall have written policies and procedures defining the rights and responsibilities of residents. The policies shall present a clear statement defining how residents are to be treated by the facility, its personnel, volunteers, and others involved in providing care.
A copy of the synopsis of the resident's bill of rights must be prominently displayed within the facility.
Each resident admitted to the facility is to be fully informed of these rights and of all rules governing resident conduct and responsibilities. The facility is to communicate these expectations/rights during the period of nor more that two weeks before or five work days after admission, unless medically contraindicated in writing. The facility shall obtain a signed acknowledgement from the resident, his guardian or other maintained in the resident's medical records.
Appropriate means shall be utilized to inform non-English speaking, deaf, or blind residents of the resident's rights.
Resident Rights shall be deemed appropriately signed by:
A. Residents capable of understanding: signed by resident before one witness.
B. Residents incapable because of illness: The attending physician documents the specific impairment that prevents the residents from understanding or signing their rights. Responsible party and two witnesses sign.
C. Resident mentally retarded: Rights read and if he understands resident signs before staff member and outside disinterested party. If he cannot understand, rights are explained to, and signed by guardian before witness.
D. Resident capable of understanding but acknowledges with other mark (X); Mark acknowledged by two witnesses.
Staff members must fully understand all resident rights.
Facility staff will be provided a copy of resident rights. Staff shall complete written acknowledgment stating they have received and read the resident rights. A copy of the acknowledgment shall be placed in the employee's personnel file.
The facility's policies and procedures regarding resident's rights and responsibilities will be formally included in ongoing staff development program for all personnel, including new employees.
402. Each resident admitted to the facility will be fully informed, prior to or at the time of admission and as need arises during residency, of services available in the facility including any charges for services. Residents have the right to choose, at their own expense, a personal physician and pharmacist.
The facility shall make available to all residents, a schedule of the kinds of services and articles provided by the facility. A schedule of charges for services and supplies not included in the facility's basic per them rate shall be provided at the time of admission. The schedule shall be updated should any change be made.
403. Each resident admitted to the facility shall be fully informed by a physician of his medical condition. The resident shall be afforded the opportunity to participate in the planning of his total medical care and may refuse experimental treatment.
Total resident care includes medical care. Nursing care, rehabilitation, restorative therapies, and personal cleanliness in a safe and clean environment. Residents shall be advised by appropriate professional providers of alternative courses of care and treatments and the consequences of such alternatives when such alternatives are available.
404. A resident may be transferred or discharged only for: medical reasons; his welfare or the welfare of other residents; the resident presents a danger to safety or health of other residents; because the resident no longer needs the services provided by the facility; non- payment for his stay; or the facility ceases operation. The resident shall be given reasonable written notice to ensure orderly transfer or discharge.
404.1. The term “transfer” applies to the movement of a resident from facility to another facility.
404.2. “Medical reasons” for transfer or discharge shall be based on the resident's needs and are to be determined and documented by a physician. That documentation shall become a part of the resident's permanent medical record.
404.3. “Reasonable notice of transfer or discharge” means the decision to transfer or discharge a resident shall be discussed with the resident and the resident will be told the reason(s) and alternatives available. A minimum of thirty (30) days written notice must be given. Transfer for the welfare of the resident or other residents may be affected immediately if such action is documented in the medical record.
404.4. An appeals process for residents objecting to transfer or discharge shall be developed by the facility, in accordance with Ark. Code Ann. § 20-10-1005 as amended. That process shall include:
A. The written notice of transfer or discharge shall state the reason for the proposed transfer or discharge. The notice shall inform the resident that they have the tight to appeal the decision to the Director within seven (7) calendar days. The resident must be assisted by the facility in filing the written objection to transfer or discharge.
B. Within fourteen (14) days of the filing of the written objections a hearing will be scheduled.
C. A final determination in the matter will be rendered within seven (7) days of the hearing.
404.5. The facility shall provide preparation and orientation to residents designed to ensure a safe and orderly transfer or discharge.
404.6. The facility must provide reasonable written notice of change in room or roommate.
405. Each resident admitted to the facility will be encouraged and assisted to exercise 0 constitutional and legal rights as a resident and a citizen including the right to vote, and the facility shall make accommodations to ensure free exercise of these rights. Residents may voice grievances or recommend changes in policies or services to facility staff or to outside representatives of their choice, free from restraint, coercion, discrimination, or reprisal.
405.1. Residents shall have the right to free exercise of religion including the right to rely on spiritual means for treatment.
405.2. Complaints or suggestions made to the facility's staff shall be responded to within ten (10) days. Documentations of such response will be maintained by the facility administrator his designee.
405.3. Each resident may retain and use personal clothing and possessions as space and rules permits.
405.4. A representative resident council shall be established in each facility. The resident council's duties shall include;
1) Review of policies and procedures required for implementation of resident rights.
2) Recommendation of changes or additions in the facility's policies and procedures, including programming.
3) Representation of residents in their complaints to the Office of Long Term Care or any other person or agency.
4) Assist in identification of problems and orderly resolution of same.
405.5 The facility administrator shall designate a staff coordinator and provide suitable accommodations within the facility for the resident's council. The staff coordinator shall assist the council in scheduling regular meetings and preparing written reports of meetings for dissemination to residents of the facility. The staff coordinator may be excluded from any meeting of the council.
405.6 The facility shall inform resident's families of the right to establish a family council within the facility. The establishment of such council shall be encouraged by the facility. This family council shall have the same duties and responsibilities as the resident council and shall be assisted by the staff coordinator designed to assist the resident council.
406. Each resident admitted to the facility may manage his personal financial affairs, or if the resident requests such affairs be managed by the facility, an accounting shall be maintained in accordance with applicable rules.
407. Residents shall be free from mental and physical abuse, chemical and physical restraints (except in emergencies) unless authorized, in writing, by a physician, and only for such specified purposes and limited time as is reasonably necessary to protect the resident from injury to himself or others.
407.1. Mental abuse includes humiliation, harassment, and threats of punishment or deprivation.
407.2. Physical abuse refers to corporal punishment or the use of restraints as a punishment.
407.3. Drugs shall not be used to limit, control, or alter resident behavior for convenience of staff.
407.4. All physical restraints designed to limit residents mobility and the practice of locking residents behind doors or other barriers is strictly prohibited.
408. Mechanical supports used to achieve body position and balance must be designed and applied under the supervision of a qualified professional and in accordance with principles of good body alignment, concern for circulation, and allowance for change of position.
408.1. The facilities written policy and procedures governing the use of mechanical supports shall specify which staff members may authorize the use of supports and must clearly specify the following:
A. Orders shall indicate the specific reasons for the use of the supports.
B. Use of supports must be temporary and the resident will not be supported for an indefinite or unspecified amount of time.
C. Application of supports shall not be allowed for longer that 12 hours unless the resident's condition warrants and specified medical authorization is maintained in the resident's medical record.
D. A resident placed in supports shall be checked at least every thirty (30) minutes by appropriately trained staff. A written record of this activity shall be maintained in the residents' medical record. The opportunity for motion and exercise shall be provided for a period of not less that ten (10) minutes during each two (2) hours in which supports are employed, except at night.
E. Recorder, extensions or reimposition of supports shall occur only upon review of the resident's condition by the physician, and is documented in the physician's progress notes.
F. The use of supports shall not be employed as punishment, the convenience of the staff, or a substitute for supervision.
G. Mechanical supports must be employed in such manner as to avoid physical injury to the resident and provide a minimum of discomfort.
409. Each resident is assured confidential treatment of his personal and medical records. Residents may approve or refuse the release of such records to any individual except in case of a transfer to another health care institution, or as required by law or third party payment contract.
410. Each resident will be treated with consideration, respect, and full recognition of dignity and individuality, including privacy in treatment and care for personal needs.
410.1 Staff shall display respect for residents when speaking with, caring for, or talking about residents, and shall seek to engage in the constant affirmation of resident individuality and dignity as a human being.
410.2 Schedules of daily activities shall provide maximum flexibility and allow residents to exercise choice in participation. Resident's individual preferences regarding such things as menus, clothing, religious activities, friendships, activity programs, and entertainment will be elicited and respected by the facility.
410.3 Residents shall be examined or treated in a manner that maintains and ensures privacy. A closed door or a drawn curtain shall shield the resident from passersby. People not involved in the care of the residents are not to be present during examination or treatment without the resident's consent.
410.4 Privacy will be afforded residents during toileting, bathing, and other activities of personal hygiene.
411. Residents may associate or communicate privately with persons of their choice, and may send or receive personal mail unopened, unless medically contraindicated and documented by the physician in the medical record.
412. Policies and procedures shall permit residents to receive visits from anyone they wish; provided a particular visitor may be restricted for the following reasons:
A. The resident refuses to see the visitor.
B. The resident's physician specifically documents that such a visit would be harmful to the resident's health.
C. The visitor's behavior is unreasonably disruptive to the facility. This does not include those individuals who, because they advocate administrative change to protect resident rights, are considered a disruptive influence by the administrator.
412.1 Decisions to restrict a visitor shall be reviewed and evaluated each time the resident's plan of care or medical orders are reviewed by the physician or nursing staff, or at the resident's request.
412.2 Accommodations will be provided for residents to allow them to receive visitors in reasonable comfort and privacy.
413. Residents are allowed to manage their own personal financial affairs.
413.1. Should the facility manage the resident's personal financial affairs; this authorization must be in writing and shall be signed appropriately as follows:
A. If the resident is capable of understanding the authorization shall be signed by the resident and one (1) witness.
B. If the resident is mentally retarded the authorization shall be read and if he/she understands, the resident will sign along with a staff member and an outside disinterested party. If he/she cannot understand, the authorization should be explained and signed by the guardian and witness. If the resident is capable of understanding and acknowledges such with a mark (X) then two witnesses are required.
414. The facility shall have written policies and procedures for the management of client trust accounts.
415. An employee shall be designated to be responsible for resident accounts.
416. The facility shall establish and maintain a system that using generally accepted accounting principles.
417. The facility shall not commingle resident funds with any other funds other than resident funds.
418. The facility system of accounting includes written receipts for funds received by or deposited with the facility, and disbursements made to or for the resident.
419. All personal allowance monies received by the facility are placed in a collective checking account.
420. The checking account will be reconciled on a monthly basis.
421. Any cost incurred for this account shall not be charged to the resident.
422. Any interest earned from this account shall not be charged to the resident.
423. When appropriate individual savings accounts shall be opened for residents in accordance with Social Security rules governing savings accounts.
424. A cash fund specifically for petty cash shall be maintained in the facility to accommodate the small cash requirement of the residents.
425. The facility shall, at the resident request, keep on deposit personal fimds [FN1] over which the resident has control. Should the resident request these funds, they are given to him on request with receipts maintained by the facility and a copy to the resident.
426. The financial record must be available to the resident and his/her guardian, and responsible party.
427. If the facility makes financial transactions on a resident's behalf, the resident, guardian, or responsible party shall receive an itemized accounting of disbursements and current balances at least quarterly.
427.1. A copy of the residents quarterly statement shall be maintained in the facility.
428. Control and Discipline of Residents: Each facility shall develop a written policy for the control and discipline of Residents. A copy of the policy shall be posted in each residential area at the facility. A copy of the policy shall be provided to each Resident and Resident's Sponsor at the time of the admission of the Resident.
No Facility may allow the following:
A. Corporal punishment to a resident;
B. A Resident to discipline another Resident; and
C. A Resident to be locked in a room without constant supervision.
429. Behavior Modification: Each Facility shall develop a written policy of the use of behavior modification in accordance with applicable state and federal laws and regulations and shall furnish a copy of such policy to the Office of Long Term Care.
430. Grievances: Each Resident shall have the right to present to the Facility or to the Office of Long Term Care any grievance without fear of reprisal.
431. Individual Service Plan:
431.1. Within 30 days of the admission of a Resident to a Facility, the Facility shall prepare an Individual Service Plan setting forth the needs of the Resident to be treated by the Facility, the services to be provided by the Facility to meet those needs, ad timetable for meeting those needs.
431.2. The Individual Service Plan shall be developed as follows:
A. Upon admission, the Facility shall appoint a member of the Facility's staff who shall serve as program manager in the development and implementation of the Individual Service Plan.
B. The Facility shall review all information concerning the Resident received upon referral of the Resident to the Facility.
C. The Facility shall evaluate the Resident's physical, psychological, social, familial, vocational, and educational status.
D. The Facility, with input from the Resident and the Resident's Sponsor, shall develop the goals to be achieved by the treatment supplied by the Facility.
E. The Facility shall evaluate the services needed to achieve those goals. Commonly utilized services that should be considered included but are not limited to:
1. Advocacy;
2. Alcoholism and drug abuse treatment services;
3. Audiology;
4. Chaplaincy
5. Dentistry;
6. Dietary/nutrition;
7. Driver training;
8. Education;
9. Independent living skills instruction;
10. Interpretive services for those who are deaf or hearing impaired;
11. Job placement;
12. Manual communication instruction;
13. Medication management;
14. Mobility instruction for those who are blind or visually impaired;
15. Nursing;
16. Occupational skills training;
17. Occupational therapy;
18. Orthotics;
19. Pharmacy;
20. Physical therapy;
21. Physician;
22. Prosthetics;
23. Psychological evaluation and treatment;
24. Recreational;
25. Rehabilitation counseling;
26. Rehabilitation engineering;
27. Residential;
28. Social casework or group work;
29. Specialized services for those who are deaf and blind;
30. Speech-language pathology;
31. Transportation;
32. Vocational evaluation; and
33. Work adjustment
431.3 Based on the review and assessment required by Paragraph
431.4 The facility shall develop an Individual Service Plan containing statements of:
A. The resident's goals;
B. The treatment or services to be provided;
C. The specific goals to be obtained from each service;
D. The time intervals at which treatment or service outcomes will be reviewed;
E. The anticipated time frames for the attainment of each of the Resident's specified goals; and
F. The measures to be used to assess the effects of treatment or services.
431.5. The resident's Individual Service Plan shall be in writing. A copy of the Individual Service Plan shall be provided and explained to the Resident and the Resident's Sponsor. A copy of the Individual Service Plan shall be maintained in the Resident's records at the facility.
431.6. The facility shall review and revise the Resident's Individual Service Plan upon a substantial change in the Resident's needs and no less often than quarterly to determine:
A. The Resident's current physical, psychological, social, familiar, vocational, and educational status;
B. The Resident's attainment of the goals previously established;
C. Any changes in the goals of the Individual Service Plan; and
D. Any changes in the services to be provided to achieve those goals.
431.7. A single program manager shall be designated for each Resident and shall:
A. Be responsible for the Resident during the implementation of the Individual Service Plan;
B. Assure that the Resident is adequately oriented to his Individual Service Plan;
C. Assure that the Individual Service Plan proceeds in an orderly and goal-directed manner;
D. Encourage the Resident's participation in the program;
E. Assure that the Resident and the Resident's Sponsor are involved on an ongoing basis in evaluation and revision of the Individual Service Plan;
F. Participate in staff conferences concerning the Resident; and
G. Assure that the discharge decision and arrangements for follow-up and appropriate support services are made.
431.8. Conferences of the Facility staff shall be held at least monthly to review the progress of the Resident, to develop further plans, and to maintain integrated and coordinated services. The Resident and the Resident's Sponsor shall be allowed to provide input into these conferences.
432. Health, Mental Health and Other Professional Services:
432.1 The facility shall assure that each Resident has access to health, mental health and other professional services necessary to maintain the Resident's physical and mental health.
432.2 The Facility shall assist the Resident, as necessary, in making arrangements to secure all services, examinations, and reports needed to maintain and document the maintenance of the Resident's physical health or mental health.
432.3 The Facility shall document that each Resident has a physician of the Resident's choice who is responsible for the overall management of the Resident's health and mental needs.
432.4 In the event of a Resident's illness or accident, the Facility shall:
A. Notify the Resident's personal physician, or in the event such physician is not available, a qualified alternate;
B. Take immediate and appropriate stapes to see that the Resident receives necessary medical attention including, if necessary, transfer to an appropriate medical facility;
C. Make a notation of the illness or accident in the Resident's personal record; and
D. Upon transfer of a Resident to a health, mental health, or other Residential Care Facility, send a copy of pertinent resident records, except when emergency situation prohibits such transmittal. In such cases pertinent information shall be telephoned into the receiving facility, and written transfer documents shall be sent within 72 hours.
432.5 For Residents who require mental health services which are not to be provided by the Facility, the Facility shall:
A. Allow, with the written permission of the Resident, appropriate mental health professionals access to the Resident's records having direct bearing on the mental health care of the Resident;
B. Provide appropriate space to carry out the services provided or prescribed; and
C. Participate in the development and implementation of programs designed to enhance treatment plans prescribed for the Resident.
432.6 The Facility shall assist each Resident to obtain regular and emergency dental services.
432.7 The Facility shall assist each Resident in obtaining proper foot care.
432.8 The Facility shall assist each Resident in obtaining other routine or special services as his needs may require, including but not limited to:
A. Eye examinations and eye glasses; or
B. Auditory testing and hearing aid.
433. Medications:
433.1 Any medication required by a Resident must be self-administered by the Resident or administered by a licensed Home Health Agency. A Facility and its staff shall not administer any medication, other than emergency or first aid measures. Emergency measures are defined as those necessary to prevent death or trauma until the Resident can be transported to an appropriate medical facility. First aid measures are defined as those necessary immediately to relieve trauma or injury.
433.2 A Facility may provide training and minimal assistance or guidance to Residents who self-administer medication, including, but not limited to, reminding the Resident of the time to take the medication and reading to the Resident the medication regimen on the medication container.
433.3 If a Facility makes provision for administration of medication by a Home health Agency, the Home Health Agency shall be responsible for:
A. Planning, directing, and supervising the administration of medication to Residents and assisting the Resident in ordering medications;
B. Reviewing each Resident's condition and medication regimen at regular intervals and documenting those reviews; and
C. Providing appropriate instruction to Residents in self- administration of medication and documenting those instructions.
433.4 Written orders, signed by a licensed medical practitioner, for all medications administered to Residents shall be retained in the Resident's records.
433.5 All medications shall be stored and safeguarded as follows:
A. Medication shall be stored in a secure area; provided, however, that medications may be kept in the Resident's room in the sole discretion of the Facility depending on the capabilities of the Resident.
B. Prescription medications shall be properly labeled in accordance with current applicable laws and rules.
C. Non-prescription or over-the-counter medications must be individually labeled and kept in the original container if stored by Facility.
D. Stock supplies of any medication are prohibited.
E. Any medication which has been prescribed for but is no longer in use by a Resident shall be destroyed or disposed of in accordance with state law if stored by the Facility.
F. Under no circumstances will one Resident's medication be shared with another Resident.
433.6 If the Facility stores and supervises a Resident's medication, a notation shall be made on the individual record for each Resident who refuses or is unable to self-administer his medications. The notation shall include the date, time, and dosage of medication that was not taken, and a notation that the resident's attending physician was notified within a reasonable amount of time.
434. Home Health Service: Home Health Services, including skilled nursing visits and procedures, physical or speech therapy, and home health aide services, maybe provided in a Facility by a licensed Home Health Agency. Any Home Health services must be ordered by the Resident attending physician. The Home Health Agency must provide the Facility with a complete Home Health Service Plan for a Resident, signed by the Resident's attending physician, within 72 hours of employment.
435. Supervision: A Facility shall provide, as part of services included in the basic program, supervision as is appropriate to maintain and promote the well-being of each Resident. Supervision shall mean guidance of a Resident in caring out activities of daily living and social activities including, but not limited it, reminding a Resident to maintain the medication schedule directed by the attending physician, encouraging the Resident to attend meals, reminding the Resident of important activities to be carried out, assisting the Resident in keeping appointments, and being aware of a Resident's general location even though the Resident may travel independently about the community. In the event a Resident is absent from the Facility and the Resident's location is unknown the Facility shall immediately notify the Resident's Sponsor, the appropriate law enforcement agency, and the Office of Long Term Care. The Facility shall through supervision assure that Residents are:
435.1 Treated with kindness and consideration at all times and are not abused, neglected, or exploited in any manner;
435.2 Dressed appropriately for the activities in which the Resident is engaged and for the weather;
435.3 Encourage to participate, with staff assistance and support as needed, in social, recreational, vocational, and religious activities within the community and Facility.
435.4 Encourage to perform personal hygiene activities including, as a minimum:
A. A tub bath or shower as desired or required;
B. Daily oral hygiene and, if necessary and requested by the Resident, shaving; and
C. Trimming and shaping of fingernails and toenails, unless prohibited by the Resident's attending physician.
435.5 Not routinely confined to room or bed except as necessary for the treatment of a routine short-term illness or in conformity with behavior modification protocols in the Resident's Individual Service Plan; and
435.6 Not locked in the Resident's room or restrained except in accordance with the provisions of Section 404.
436. Activities and Socialization: Each Facility shall provide, as part of the services and accommodations included in the Individual Service Plan, an organized program of individual and group activities appropriate to the Resident's needs, interests, and wishes:
436.1 Accommodation and space shall be provided for recreation and socialization services.
436.2 Group recreation and socialization services shall be planned and available to each Resident.
436.3 The Facility shall provide appropriate equipment and supplies.
436.4 A schedule of group activities shall be prepared and posted in advance of its proposed implementation.
437. Unauthorized Services: No Facility shall provide medical or nursing services. No Facility shall accept or retain any Resident who requires a skilled nursing or intermediate level of care or who exhibits the conditions listed below:
437.1 Suffering from such a degree of behavioral or judgmental deficiency or recurrent habituation or addiction to alcohol or other drugs that the Resident is a cause of danger to the Resident or others;
437.2 Is in need of a higher level of medical, mental health, or nursing care that can be rendered safely and effectively at the Facility by approved community resources, such as a licensed Home Health Agency or other community service agency;
437.3 In need of a religious, cultural, or dietary regimen that cannot be met by the Facility;
437.4 Suffering from a communicable or other disease of sufficient seriousness requiring in-patient medical treatment or which cannot be treated by use of reasonable means and therefore constitutes a potential danger to other Residents and staff;
437.5 Is not independently mobile, as defined in Section 604.12, provided that the Facility may accept and retain Residents needing assistance with transfers or with vacating a building including if the Facility has sufficient staff available twenty-four hours a day, seven days a week, to provide assistance to all Residents requiring assistance within the time provided by the applicable fire code;
437.6 Is incapable of self-administration of required medications or treatments, unless administration of medications is provided by a licensed Home Health Agency;
437.7 Persons with Levines tubes, gastrostomy tubes, intravenous tubes, tracheotomies, unless management of such devices is provided by either the Resident or by a licensed Home Health Agency; and
414.8 [FN1] Persons with indwelling catheters, unless self-managed or managed by a licensed Home Health Agency.
438. Transfer: Facilities shall make arrangements with a licensed physician, hospital, or nursing home to transfer Residents who require skilled or intermediate nursing care or more technical nursing or medical services that those permissible within the Facility. When notified by the Office of Long Term Care, the Facility shall provide for transfer within ten (10) days of such notification. Less time may be given by the Office of Long Term Care of a Resident's life or health requires immediate medical attention. The responsibility for ensuring the Resident's care shall rest with the Facility.
439. Personal funds accounts: Each Resident shall have the opportunity to place personal funds in a Facility-maintained account.
439.1 The Facility shall administer the Resident's personal funds account as follows:
A. All personal finds deposited by Residents in personal funds account shall be held in trust for the benefit of the Residents.
B. A Resident's personal funds shall not be commingled with the funds of the Facility or Licensee or used by the Facility other than for the benefit of the Resident.
C. The Facility may commingle personal finds [FN1] deposited by Residents, but shall maintain individual records for each Resident showing all deposits, withdrawals, and the current balance.
D. The Facility shall provide Residents access to their personal funds account during regular posted hours Monday through Friday.
E. The Facility shall document all personal funds transactions and maintain copies of all paid bills, vouchers, and other payment and receipt documentation.
F. The Facility may deposit Resident's personal funds in individual or collective federally insured accounts, which do not need to be interest bearing. If the funds are deposited in interest-bearing accounts, the Facility shall develop a procedure to prorate equitably interest to each Resident.
G. Upon request, the Facility shall supply any Resident who has a personal funds account with a statement showing all deposits and withdrawals, and the current balance of the Resident's personal funds.
H. Within 72 hours of receiving a request from a Resident or the Resident's Sponsor, the Facility shall pay to the Resident the balance of the Resident's personal funds account.
I. The Facility shall provide the Office of Long Term Care with access during normal business hours to all records of Resident's personal funds account.
439.2 The Resident's personal funds account shall be used as follows:
A. The personal finds shall, at her discretion of the resident, be used in obtaining clothing, personal hygiene items, and any other supplies, services, entertainment or transportation for personal use not otherwise provided by the Facility pursuant to the admission agreement or required by these rules
B. The Facility shall not demand, require or contract for payment of all or any part of the personal funds in satisfaction of the Facility rate for supplies or services.
C. The Facility shall or charge the Resident for supplies or services that the Facility is by law, rule, or the admission agreement required to provide. This also applies to medical supplies or services for which payment is known to be available for the Resident under Medicare, Medicaid, or other third party coverage.
D. Services or major items of equipment provided by the Facility beyond those required by law, rule, or the admission agreement may be charged to the Resident only with the specific written consent of the Resident or the Resident's Sponsor unless the supplemental services or supplies are necessitated by changes in the Resident's condition. The Resident shall be furnished with an itemized statement setting forth the charges for such services or supplies provided by the Facility. Such statement shall be provided to the Resident in advance except in an emergency.
439.3 At the time of discharge of a Resident from the Facility, the Resident or the Resident's Sponsor shall be provided a final accounting of the Resident's personal funds account and issued a check for the balance. Upon the death of a Resident, a final accounting of the Resident's personal funds account and a check for the balance shall be given to the Resident's estate, subject to state law.
439.4 Upon change of ownership, the existing Licensee shall provide the new owner with a written statement of all Residents' personal funds. This statement shall verify that the balance being transferred in each Resident's personal fund account is true and accurate as of the date of transfer. At change of ownership, the new owner shall assume responsibility for Residents' personal funds account balances turned over at the change of ownership, together with responsibility for al requirements of this Section, including holding of Resident's personal funds in trust.
439.5 The Facility shall provide for inventory records and security of all monies, property or things of value which the Resident has, in writing, voluntarily authorized the Facility to hold in custody or exercise control over at the time of admission or any subsequent time.

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 016.06.5-400, AR ADC 016.06.5-400
End of Document