As used in this part, the following definitions will apply, unless the context requires otherwise:

1. (1) "Agency" means the Division of Medical Services;

2. (2)

   1. (A) "Act" means a bodily movement and includes speech and the conscious possession or control of property.
   2. (B) The verb "act" means either to perform an act or to omit to perform an act;
3. (3) "Actor" includes, where appropriate, a person who possesses something or who omits to act;
4. (4) "Civil penalties" are an assessment of financial fines against licensee for violations of rules;
5. (5) "Conduct" means an act or omission and its accompanying mental state;
6. (6) "Department" is the Department of Human Services;
7. (7) "Director" is the Director of the Office of Long-Term Care;

8. (8) "Element of the offense" means the conduct, the attendant circumstances, and the result of that conduct that:

   1. (A) Is specified in the definition of the offense;
   2. (B) Establishes the kind of culpable mental state required for commission of the offense; or
   3. (C) Negates an excuse or justification for the conduct;
9. (9) "Facility/licensee" is a long-term care facility which is required to be licensed under Arkansas Code § 20-10-224;

10. (10)

    1. (A) "Knowingly" means a person acts knowingly with respect to his or her conduct or the attendant circumstances when he or she is aware that his or her conduct is of that nature or that such circumstances exist.
    2. (B) A person acts knowingly with respect to a result of his or her conduct when he or she is aware that it is practically certain that his or her conduct will cause such a result;
11. (11) "Law" includes statutes and court decisions;

12. (12)

    1. (A) "Negligently" means a person acts negligently with respect to attendant circumstances or a result of his or her conduct when he or she should be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur.
    2. (B) The risk must be of such a nature and degree that the actor's failure to perceive it, considering the nature and purpose of his or her conduct and the circumstances known to him or her, involves a gross deviation from the standard of care that a reasonable person would observe in the actor's situation;
13. (13) "Omission" means a failure to perform an act, the performance of which is required by law;
14. (14) "Person", "actor", "defendant", "he", or "him" includes any natural person and, where appropriate, an organization as that term is defined in Arkansas Code § 5-2-501(1);
15. (15) "Physical harm” or “physical injury" means the impairment of physical condition or the infliction of substantial pain;
16. (16) "Possess" means to exercise actual dominion, control, or management over a tangible object;
17. (17) "Purposely" means a person acts purposely with respect to his or her conduct or a result thereof when it is his or her conscious object to engage in conduct of that nature or to cause such a result;
18. (18) "Reasonably believes" or "reasonable belief" means the belief that an ordinary, prudent man or woman would form under the circumstances in question and a belief not recklessly or negligently formed;

19. (19)

    1. (A) “Recklessly” means a person acts recklessly with respect to attendant circumstances or a result of his or her conduct when he or she consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur.
    2. (B) The risk must be of a nature and degree that disregard thereof constitutes a gross deviation from the standard of care that a reasonable person would observe in the actor’s situation;

20. (20) "Regulation" means:

    1. (A) Any state rule or federal regulation pertaining to licensure of a long-term care facility; or
    2. (B) Any state rule or federal regulation relating to Title XIX Medicaid certification;
21. (21) "Secretary" is the Secretary of the Department of Human Services;

22. (22) "Serious physical harm" means physical injury that:

    1. (A) Creates a substantial risk of death;
    2. (B) Causes protracted disfigurement;
    3. (C) Causes protracted impairment of health; or
    4. (D) Causes loss or protracted impairment of the function of any bodily member or organ;

23. (23) "Statute" includes:

    1. (A) The constitution;
    2. (B) Any statute of this state;
    3. (C) Any ordinance of a political subdivision of this state; and
    4. (D) Any rule lawfully adopted by an agency of this state; and

24. (24) "Violation" means:

    1. (A) Class A violations create a:

       1. (i) Condition or occurrence relating to the operation and maintenance of a long-term care facility resulting in death or serious physical harm to a resident; or
       2. (ii) Substantial probability that death or serious physical harm to a resident will result therefrom;
    2. (B) Class B violations create a condition or occurrence relating to the operation and maintenance of a long-term care facility which directly threatens the health, safety, or welfare of a resident;
    3. (C) Class C violations shall relate to administrative and reporting requirements that do not directly threaten the health, safety, or welfare of a resident; and

    4. (D)

       1. (i) Class D violations shall relate to the timely submittal of statistical and financial reports to the Office of Long-Term Care.
       2. (ii) The failure to timely submit a statistical or financial report shall be considered a separate Class D classified violation during any month or part thereof of noncompliance.
       3. (iii) In addition to any civil money penalty which may be imposed, the Director of the Office of Long-Term Care is authorized after the first month of a Class D violation to withhold any further reimbursement to the long-term care facility until the statistical and financial report is received by the Office of Long-Term Care.