20 CAR § 255-205 – Unfavorable review

(a) Existing long-term care facilities will have an unfavorable review if the following quality of care standards are not met:
1. (1) No nursing home will be awarded a permit of approval for assisted living if the existing facility has had:
  1. (A) Two (2) Class A violations as found in Arkansas Code § 20-10-205 according to the Office of Long-Term Care in any inspection within the last twelve (12) months preceding the date the application is filed with the Health Services Permit Agency;
  2. (B) Two (2) Class B violations as found in Arkansas Code § 20-10-205 according to the office in any inspection within the last twelve (12) months preceding the date the application is filed with the agency;
  3. (C) A Class A and a Class B violation as found in Arkansas Code § 20-10-205 according to the office in any inspection within the last twelve (12) months preceding the date the application is filed with the agency;
  4. (D) An H level or higher deficiency, according to the office in any inspection within the last twelve (12) months preceding the date the application is filed with the agency; or
  5. (E) The facility’s Medicaid or Medicare provider agreements terminated within twelve (12) months preceding the date the application is filed with the agency; and
2. (2) No assisted living or residential care facility will be awarded a permit of approval for assisted living if the existing facility has had:
  1. (A) Two (2) Class A violations as found in Arkansas Code § 20-10-205 according to the office in any inspection within the last twelve (12) months preceding the date the application is filed with the agency;
  2. (B) Two (2) Class B violations as found in Arkansas Code § 20-10-205 according to the office in any inspection within the last twelve (12) months preceding the date the application is filed with the agency; or
  3. (C) A Class A and a Class B violation as found in Arkansas Code § 20-10-205 according to the office in any inspection within the last twelve (12) months preceding the date the application is filed with the agency.
(b) An application will be denied if the owner/operator applying for a permit approval has abandoned one (1) or more long-term care facilities in Arkansas or in another state.
(c) The agency may consider an out-of-state applicant’s compliance or enforcement history in determining whether to grant a permit of approval.
(d)
1. (1) No application for beds will be approved that will cause a facility to exceed one hundred (100) beds.
2. (2) Any deviation will require special consideration by the Health Services Permit Commission.