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016.06.5-100. Definitions

AR ADC 016.06.5-100Arkansas 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 016.06.5-100
016.06.5-100. Definitions
100. Definitions: The following terms are defined for the purpose of these rules.
100.1. Behavior Modification: Things or events that are used in a timely manner to discourage undesired behavior.
100.2. Board: The Long Term Care Facility Advisory Board.
100.3. Department: The Arkansas Department of Human Services.
100.4. Division: The Division of Medical Services of the Department of Human Services.
100.5. Facility: A Post-Acute Head Injury Retraining and Residential Care Facility.
100.6. Facility Services: The residential, retraining, and rehabilitation services provided within each licensed Facility in accordance with its License.
100.7 Head Injury: An injury or neurological impairment to the brain caused by illness or accident.
100.8. Head Injury Retraining and Rehabilitation: The individualized program of instruction offered in a residential or day program designed to assist an individual suffering from disability as a result of Head Injury to reduce the adverse effects of the disability and improve functioning in daily living, education, and vocational activities.
100.9. Immediate Family: Father, Mother, Children, Spouse, Brother, and Sister.
100.10. Independently Mobile: Physically and mentally capable of vacating a structure in case of emergency, including the capability to ascend or descend stairs that are in the exit path. Residents who can use canes, wheelchairs, or walkers are considered independently mobile as long as they do not require more than verbal or minimum assistance from other persons to vacate and can do as required by local fire code.
100.11. License: A non-transferable permit issued by the Office of Long Term Care to a Licensee authorizing the Licensee to operate a Facility for a specific time period.
100.12. Licensee: Any person, firm, corporation, governmental agency, or other legal entity to whom the License is issued and who is responsible for maintaining approved standards. Facilities owned or regulated by the Veterans Administration or by Division Development Disabilities Services, the Office on Alcohol and Drug Abuse, and Christian Science homes shall be excluded from licensure under these rules.
100.13. The Office of Long Term Care: The survey and licensure agency of the Division.
100.14. Post-Acute Head Injury Retraining and Residential Care Facility: A building, or group of buildings, if located contiguously and operated jointly, used or maintained to provide, for pay, Retraining and Rehabilitation for three (3) or more individuals who are disabled on account of Head Injury and who are not in present need of in-patient diagnostic care in a hospital or related.
100.15. Provisional Licensure is a temporary grant of authority to the purchaser to operate an existing long-term care facility upon application for licensure to the Office of Long Term Care.
100.16. Rules: The Rules pertaining to Post-Acute Head Injury Retraining and Residential Care Facilities promulgated by the Office of Long Term Care pursuant to Act 602 of 1987.
100.17. Residents: Any individual who receives services from a Facility.
100.18. Resident's Sponsor: The person or agency legally responsible for the welfare and support of the Resident.
100.19. Residential Area: An area used by Residents for sleeping and for daily living activities. A Residential Area may be less than the entire area of a building and there may be more than one Residential Area within a single building.
100.20. Sponsor: See “Resident Sponsor.”
100.21. Staff. Any officer, employee, or agent of a Facility.
100.22. Time-out Techniques: Devices or procedures designed to improve a Resident's behavior by removing positive reinforcements when the Resident's behavior is undesirable.
100. [FN1] RESPONSIBLITIES [FN1]
101. Responsibilities of the Office of Long Term Care: The Office of Long Tern Care shall have the following responsibilities:
101.1 To review and grant or deny all applications for licenses to operate as a Facility.
101.2 To investigate and take appropriate action against any Person providing Head Injury Retraining and Rehabilitation in contravention of these rules.
101.3 To inspect Facilities and their operations to determine compliance with these rules and to take appropriate action.
101.4 To investigate complaints made against Facilities and to take appropriate action.
101.5 To provide technical assistance to Facilities to improve services provided to Residents.
101.6 To refer violations of other state or federal laws or Regulations to the appropriate administrative agency or law enforcement office.
101.7 To provide directories of Facilities to all interested persons, and
101.8 To notify all agencies which place Residents in Facilities whenever a Facility becomes unlicensed or is in substantial violations of the rules.
102. Responsibilities of the Facility: Each Facility shall have the following responsibilities:
102.1. To provide to its Residents a comprehensive program of care which:
A. Conforms fully with these rules;
B. Meets the needs of the Residents;
C. Provides Ml protection of Residents' rights; and
D. Promotes the social, physical, and mental well-being of Residents.
102.2. Subject to the Residents' right to privacy, to allow the Office of Long Term Care full access to residents and the Facility's grounds and buildings at any time.
102.3. To allow personnel from the Office of Long Term Care full access to the Facility, books and records at all times.
102.4. To notify the Office of Long Term Care immediately of any extraordinary event or set of circumstances which has resulted in serious injury to a Resident or constitutes a continuing threat of injury to a Resident.

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 016.06.5-100, AR ADC 016.06.5-100
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