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016.06.5-300. Admissions and Discharge of Clients

AR ADC 016.06.5-300Arkansas 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 016.06.5-300
016.06.5-300. Admissions and Discharge of Clients
Currentness
301. Admission Criteria: A Facility shall admit, retain, and care for only those Residents for whose needs the Facility is capable of providing and is licensed to provide. Each Resident admitted must meet the following criteria:
301.1. Be at least 18 years of age. Residents 16 or 17 years of age may be admitted if sufficiently mature to adapt to the Facility and its program of services.
301.2. Suffer from Head Injury or other neurological impairment
301.3. Be able to self-administer any required medication, or needing only medicine which can be administered by licensed Home Health Agency Personnel; and
301.4. Be independently mobile, except that Residents needing assistance with transfer or with vacating a building may be admitted if the Facility has sufficient staff continually available to allow the building or buildings in which such Resident is living or receiving treatment to be evacuated within the time provided by the applicable fire code.
302. Policies: Each Facility shall develop, subject to review and approval by the Office of Long Term Care, written policies and practices concerning the admission, transfer, and discharge of Residents.
303. Program Development:
303.1 The Facility, prior to admitting any Resident, shall interview the Resident and the Resident's Sponsor to identify the Resident's needs and determine whether the Facility may meet those needs adequately.
303.2. Upon admission, the Facility shall execute with, and provide a copy to, the Resident and the Resident's Sponsor an admission agreement specifying the following information:
A. The services to be rendered to the Resident;
B. The method of calculating the charges for the services (whether on a per them rate, a per service charge, or other basis);
C. The schedule of rates necessary to calculate the charges for services;
D. A statement that the method of calculating charges and the schedule of rates will be changed only after 30 days' written notice of changes is given to the Resident and the Resident's Sponsor;
E. A statement that no charges will be imposed for services or major items of equipment other than those specified in the admission agreement or subsequently agreed to by the Resident or the Resident's Sponsor, unless the supplemental services and supplies are necessitated by a change in the Resident's condition;
F. A provision that advance payments will be refunded on a pro rata basis in the event of transfer, death, or discharge and an explanation of the calculation of the proration;
G. A statement that at least 10 days written notice prior to discharge or transfer will be given to the Resident and the Resident's Sponsor, unless the discharge or transfer is at the request of the Resident or Resident's Sponsor, is ordered by a physician, or is caused by a change in the Resident's condition which renders the Resident unsuited for retention and which prevents the giving of prior notice;
H. A provision that upon discharge or transfer, the Resident or the Resident's Sponsor shall receive within thirty (30) days a final written statement of the Resident's account. All monies, property, or things of value held in the custody of the Facility will be returned to the Resident or the Resident's Sponsor on or before this date;
I. A listing of all monies, property, or things of value given or to be given to the Facility on admission;
J. A provision that the Resident and the Resident's Sponsor shall not be required to provide to the Licensee, the Facility, or the Facility's Personnel any remuneration for any service or supplies provided or arranged in accordance with statute, rule, or agreement; and
K. A provision that the Facility will oversee Resident's personal funds.
304. Discharge and Transfer:
304.1. Occupancy of a Facility by any Resident shall not be terminated unless such termination is permitted under the terms of the admission agreement or this section.
304.2. Every Resident, if competent, or the Resident's Sponsor if the Resident is not competent, shall have the right to discharge the Resident from the Facility.
304.3. If a Resident develops a communicable disease or condition that requires in-patient medical or nursing care or which cannot be adequately or safely treated at the Facility, immediate arrangements shall be made by the Facility to transfer such Resident to an appropriate acute medical, nursing, or psychiatric facility.
304.4. In the event that a Resident exhibits symptoms of behavioral or judgmental defects to a degree that constitutes a danger to the Resident or other Residents, the Facility shall arrange for appropriate professional evaluation of the Resident's condition and, if necessary, transfer the Resident to a facility providing the proper level of care.
304.5. In the event of any planned Resident discharge or transfer, other than self-discharge, the Facility shall provide at least ten (10) days prior notification to the Resident and the Resident's Sponsor.
304.6. Upon transfer of a Resident to a nursing home, or other care facility, a copy of all pertinent Resident records shall accompany Resident, except when emergency situations do not permit such transmittal. In such emergency cases, pertinent information shall be telephoned to the receiving facility and written transfer documents shall be sent within 24 hours.
304.7. Each Facility shall assist all Residents proposed to be discharged or transferred to the extent necessary to insure that the Resident is placed in a care setting which is adequate and appropriate to the conditions for which the Resident is discharged or transferred, and where possible, consistent with the wishes of the Resident.

Credits

Amended Jan. 1, 2020.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 016.06.5-300, AR ADC 016.06.5-300
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