Prepetition activities. Prior to the filing of a petition of receivership (Arkansas Code § 20-10-905), the Department of Human Services shall be notified and:

1. (1) Coordinate the preparation and collection of documentation to support a decision to recommend a receivership action;
2. (2) In an emergency situation, present the supporting documentation and recommendations to the Secretary of the Department of Human Services;
3. (3) Receive information from any source, which indicates a need for receivership action;

4. (4) Request information concerning the following:

   1. (A) Chronology of facility survey history for the two (2) years immediately prior to the determination of the need;
   2. (B) Summary of physical plant/NFPA 101, Life Safety Code compliance and actions necessary to correct violations/deficiencies; and
   3. (C) Summary of number of residents, care levels, special needs, and an assessment of major problems occurring in the facility, i.e., staffing, supply shortages (may warrant an immediate on-site visit);

5. (5) Review the need for receivership considering the following options:

   1. (A) Would relocation of residents be an alternative?; and
   2. (B) Would appointment of a monitor be sufficient?; and
6. (6) Identify the total number and type of violations or deficiencies cited by department staff.

Codification Notes: “NFPA” means National Fire Protection Association.