As used in this subpart:

1. (1) "Affected person" includes, at a minimum:

   1. (A) The applicant;
   2. (B) Appropriate state agencies;
   3. (C) Any person residing within the proposed service area or any person who regularly uses healthcare facilities within the proposed service area who has notified the Health Services Permit Agency in writing requesting notification of the review;
   4. (D) Healthcare facilities located in the service area in which the project is proposed to be located; and
   5. (E) Legal representatives of such persons;
2. (2) "Agency" means the Health Services Permit Agency;

3. (3)

   1. (A) “Assisted living facility” means any building or buildings, section or distinct part of a building, boarding home, home for the aged, or other residential facility, whether operated for profit or not, which undertakes through its ownership or management to provide assisted living services for a period exceeding twenty-four (24) hours to more than three (3) adult residents of the facility who are not relatives of the owner or administrator.
   2. (B) Assisted living facility includes those facilities which provide assisted living services either directly or through contractual arrangements or which facilitate contracting in the name of residents;
4. (4) "Commission" means the Health Services Permit Commission;
5. (5) "Commissioner" means a duly appointed member of the Health Services Permit Commission;
6. (6) "Conversion of services" means an alteration of the category of services offered by a health facility;
7. (7) "Director" means the director of the Health Services Permit Agency;

8. (8)

   1. (A) "Health facility or health facilities" means "a long-term care facility" as defined by Arkansas Code § 20-10-101(10), the Long Term Care Facilities and Services Act, or a "home healthcare services agency" as defined by Arkansas Code § 20-10-801, the Home Services Act.
   2. (B) The terms "health facility" or "health facilities" does not mean a "hospital", as defined by and licensed pursuant to Arkansas Code § 20-9-201(4) the Hospital and Health Facilities Licensure Act.

   3. (C) Nothing in the act or this part shall be deemed to require a permit of approval for or otherwise regulate the licensure of in any manner of a hospital except when a hospital seeks to:

      1. (i) Add long-term care beds or convert acute beds to long-term care beds; or
      2. (ii) Add or expand home health services.

   4. (D) The term "health facility" does not include:

      1. (i) Offices of private physicians;
      2. (ii) Outpatient surgery;
      3. (iii) Imaging centers;
      4. (iv) Establishments operated by the federal government or any agency thereof;
      5. (v) Free-standing radiation therapy centers; or
      6. (vi) Any facility which is conducted by and for those who rely exclusively upon treatment by prayer alone for healing in accordance with the tenets or practices of any recognized religious denomination;

9. (9)

   1. (A) "Home health agency" means nothing in the act or this part shall be deemed to require a permit of approval for or otherwise regulate the licensure of in any manner of a hospital except when a hospital seeks to add long-term care beds or convert acute beds to long-term care beds or add or expand home health services.

   2. (B) The term "health facility" does not include:

      1. (i) Office of private physicians;
      2. (ii) Outpatient surgery;
      3. (iii) Imaging centers;
      4. (iv) Establishments operated by the federal government or any agency thereof;
      5. (v) Free-standing radiation therapy centers; or
      6. (vi) Any facility which is conducted by and for those who rely exclusively upon treatment by prayer alone for healing in accordance with the tenets or practices of any recognized religious denomination;

10. (10)

    1. (A) "Home health services" means the providing or coordinating of acute, restorative, rehabilitative, maintenance, preventive, or health promotion services through professional nursing or by other therapeutic services such as physical therapy, occupational therapy, speech therapy, home health aide or personal services in a client's residence.
    2. (B) In order to be subject to permit of approval review such services must meet the definitions contained in Acts 1987, No. 956;

11. (11)

    1. (A) "Hospice" or "hospice program" means an autonomous, centrally administered, medically directed, coordinated program providing a continuum of home, outpatient, and home-like inpatient care for the terminally ill patient and family, and which employs an interdisciplinary team to assist in providing palliative and supportive care to meet the special needs arising out of the physical, emotional, spiritual, social, and economic stresses which are experienced during the final stages of illness and during dying and bereavement.

    2. (B) The care shall be:

       1. (i) Available twenty-four (24) hours a day, seven (7) days a week; and
       2. (ii) Provided on the basis of need, regardless of ability to pay;

12. (12) "Intermediate care facility for individuals with intellectual disabilities" means:

    1. (A) Intermediate care facility for individuals with intellectual disabilities, sixteen (16) beds or more.

       1. (i) A facility with sixteen (16) or more beds that provides in a protective residential setting diagnosis, active treatment, and rehabilitation of persons with intellectual disabilities or persons with related conditions.
       2. (ii) This includes both public and privately operated intermediate care facilities for individuals for with intellectual disabilities.
    2. (B) Intermediate care facility for individuals with intellectual disabilities, fifteen (15) beds or less. A facility with from four (4) to fifteen (15) beds that provides in a protective residential setting, diagnosis, active treatment, and rehabilitation of persons with intellectual disabilities or persons with related conditions;
13. (13) "Life care facility" means continuing care as defined in Arkansas Code § 23-93-103(2) except that no additional charges are made for nursing care or personal care beyond those charged all residents of the facility who are not receiving nursing care or personal care services;
14. (14) "Long-term care" means nonacute care provided over a twenty-four-hour period for twenty-five (25) or more consecutive days;

15. (15)

    1. (A) "Long-term care facility" means a nursing home, residential care facility, postacute head injury retraining and residential care facility, or any other facility which provides long-term medical or personal care.
    2. (B) Permit of approval review is not required of hospitals as defined by and licensed pursuant to Arkansas Code § 20-9-201(4) except when a hospital seeks to add long-term care beds or convert acute care beds to long-term care beds or add or expand home health services;
16. (16) "Medical care" means the services that are performed at the direction of a physician on behalf of patients by physicians, nurses, and other professional and technical personnel;

17. (17)

    1. (A) "Nursing home" means institution, or other place for the reception, accommodation, board, care, or treatment of more than three (3) unrelated individuals:

       1. (i) Who, because of physical or mental infirmity are unable to sufficiently or properly care for themselves; and
       2. (ii) For which reception, accommodation, board, care, and treatment, a charge is made.

    2. (B) The term "nursing home" shall not include:

       1. (i) The offices of private physicians and surgeons;
       2. (ii) Boarding homes;
       3. (iii) Hospitals; or
       4. (iv) Institutions operated by the federal government;

18. (18) "Permit of approval" means a permit issued by the Health Services Permit Commission, through the Health Services Permit Agency, to an individual, organization, or healthcare facility approving a healthcare project subject to review under:

    1. (A) Acts 2001, No. 1800; and
    2. (B) The rules of the Health Services Permit Commission;

19. (19) "Person" means:

    1. (A) An individual;
    2. (B) A trust or estate;
    3. (C) A partnership;
    4. (D) A corporation (including associations, joint stock companies, and insurance companies);
    5. (E) The state or a political subdivision or instrumentality (including a municipal corporation) of the state; or
    6. (F) Any legal entity recognized by the state;

20. (20)

    1. (A) "Personal care" means services which are defined as medically prescribed tasks pertaining to a person's functional abilities, which enable the person to be treated on an outpatient basis rather than on an inpatient basis.
    2. (B) Personal care is in no way to be considered medical care;
21. (21) "Physician" means a doctor of medicine or osteopathy legally authorized by the state to practice medicine and surgery;

22. (22)

    1. (A) "Population of a county” means the population of a county will be based on the most recent federal census unless circumstances are such that the Health Services Permit Commission feels it should look beyond the census.
    2. (B) A statewide planning agency should be utilized which will be the United States Bureau of Census designee;

23. (23)

    1. (A) "Post-acute head injury retraining and residential care facilities" means 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:

       1. (i) Disabled on account of head injury; and
       2. (ii) Not in present need of inpatient diagnostic care in a hospital or related institution.
    2. (B) Rules and Regulations for Post-Acute Head Injury Retraining and Residential Care Facilities, 29 CAR pt. 407, Office of Long-Term Care, Department of Human Services;
24. (24) "Psychiatric residential treatment facilities (PRTF)” means twenty-four-hour psychiatric residential treatment establishments with permanent facilities (other than a psychiatric inpatient hospital) which provides a structured, systematic therapeutic program of treatment, under the supervision of a psychiatrist, for emotionally disturbed children and/or adolescents, six (6) to twenty-one (21) years of age, grouped in an age appropriate manner;
25. (25) "Residential care facilities" means a building or structure which is used or maintained to provide for pay on a twenty-four-hour basis a place of residence and board for three (3) or more individuals whose functional capabilities have been impaired but do not require hospital or nursing home care on a daily basis, but could require other assistance in activities of daily living; and
26. (26) “Tangible assets” means, for the purpose of transferring a permit, legal title, and right of ownership, property that may be felt or touched, and is necessarily corporeal, although it may be either real or personal.