Reporting of progress of receiver
Arkansas Code § 20-10-203; Arkansas Code § 20-10-216; Arkansas Code § 20-10-224
(a)
(1) The receiver shall report to the court, the Department of Human Services, the owner, and administrator licensee on the progress of the receivership action:
- (A) Before the receivership can be concluded;
- (B) At such times as directed by the court; and
- (C) Prior to engaging in any function, duty, or activity for which a statutorily mandated report is required.
- (2) The preparation of the final report on all aspects of a receivership action is coordinated by the Secretary of the Department of Human Services.
(b)
- (1) The report details all activities and their expenditures during the receivership.
- (2) It clearly identifies whether the objectives of the receivership have been achieved, i.e., to restore the home’s capabilities to meet patient needs, or to close the home.
(3) If the objective has not been achieved, it clearly identifies:
- (A) What additional actions are necessary; and
- (B) An estimate of how much time is required to complete them.
(c) The receiver shall forward a report to the secretary for:
- (1) Review;
- (2) Advice; and
- (3) Assistance.
(d) If the court determines and orders the facility is to continue operation, the receiver shall:
(1)
- (A) Prepare department heads for change in administration.
- (B) Provide information and instructions as needed, together with a timetable for activities and required final reports.
- (C) Such reports are to include a brief summary statement to the receivership team administrator, including:
(i) Statistics and numbers where appropriate;
(ii) An assessment of strengths and weaknesses; and
- (iii) Recommendations of the department head;
(2)
- (A) Meet all employees, each shift, to prepare them for the change in administration, giving dates of action and names.
- (B) Thank them for cooperation and personal efforts;
(3)
- (A) Meet with, or arranges for meetings, as needed, with residents and their families to prepare them for upcoming changes, giving dates of action and names.
- (B) Thanks them for their patience and cooperation;
- (4) Notify families and responsible parties to inform them of the approaching changes;
- (5) Request and receive concluding reports from all members of the receivership team, and compile final report and forward to the secretary.
(6)
- (A) On day of transition of control, collect all keys, records, books, etc., from each member of the receivership team.
- (B) Turn these items over to the incoming administration;
- (7) Remain available to new administration to ease turnover process;
(8)
- (A) Take and record a complete inventory.
- (B) Provides report to receivership team administrator;
(9)
- (A) Bring all records up to date.
- (B) Make final reconciliation of books; and
- (10) Be available to new financial officer, if any, to assist in an orderly transition.
(e) If the court determines and orders the facility to be closed, upon receipt of the decision for closure, along with instructions regarding needed information and procedures, the receiver shall:
- (1) Inform other members of the receivership team of the decision for closure and the responsibilities they will assume during the closure process;
(2)
- (A) Prepare department heads for closing, giving information and instruction as needed, together with timetable for actions.
- (B) Instruct on final report as required, including brief summary statements;
(3)
- (A) Meet with all employees, each shift, giving general outline of concluding activities.
- (B) Ask their cooperation to the end;
- (4) Hold concluding meetings with each department head, collecting all final reports, etc.;
- (5) Receive and act upon instructions regarding storage of files and records, disposition of capital goods, equipment, building, etc.;
- (6) Take final inventory;
- (7) Bring all records up to date and close books;
- (8) Conclude all accounts, pay all bills, and collect all accounts receivable;
- (9) Under the direction of the secretary, close all bank accounts and oversee the transfer of residents’ funds to the receiving facilities;
- (10) Work with the facility staff in preparing residents and the families of residents for the impending closure of the facility;
- (11) Seek additional nursing staff to assist in the transfer, if necessary;
- (12) Work with social service staff and the families of residents in securing appropriate placement in other facilities;
- (13) Participate in the actual transfer process, assuring the proper transfer of records, etc.; and
- (14) Oversee the closure of the nursing department and nursing areas, seeing to the proper closure and storage of records.