Application, expiration, and renewal of license
Arkansas Code § 20-10-203; Arkansas Code § 20-10-224; Arkansas Code § 20-76-201
(a)
- (1) The Department of Human Services shall furnish the applicant or the licensee with the necessary forms to obtain initial or renewed licensure or to request relicensure of the facility after a change of ownership (see 20 CAR § 401-205(g) and 20 CAR § 401-206).
- (2) The issuance of an application form is in no way a guarantee that the completed application will be acceptable or that a license will be issued by the department.
- (3) A determination of licensure will be made by the department within thirty (30) days of receipt of the completed application.
- (b) The facility shall not admit any residents until the license to operate a residential long-term care facility has been issued.
(c)
- (1) Applicants for initial license, renewal, or relicensure after a change in ownership, shall pay in advance, a license fee of five dollars ($5.00) per bed, which shall be paid to the department.
- (2) Such fee shall be refunded to the applicant if a license is denied.
(d)
- (1) Annual renewal is required for all residential long-term care facility licenses.
- (2) Licenses are effective on the state fiscal year (July 1 through June 30) basis and expire on June 30 of each year.
(e)
- (1) Applications for annual license renewal shall be delivered, or if mailed, postmarked to the Office of Long-Term Care no later than June 1 before the June 30 expiration of the license.
- (2) Any license fee not paid when due is subject to a ten percent (10%) penalty.
- (f) Applications shall be signed by the administrator or owner of the facility.
(g)
(1)
- (A) When a change in ownership of controlling interest in the facility is sold by a person or persons named in the license to any other person or persons, the existing license and the new owner shall, at least thirty (30) days prior to completion of the sale:
(i) Submit a new application and license fee;
(ii) Be inspected; and
- (iii) Meet the applicable standards and rules.
- (B) Such change in ownership shall be reported by the seller in writing to the office at least thirty (30) days before the change is to be implemented.
- (2) The buyer shall be subject to any plan of correction submitted by the licensee and approved by the department.
- (3) The seller shall remain liable for all penalties assessed against the facility which are imposed for violations or deficiencies occurring prior to the sale of ownership or operational control.
- (4) The department shall consider and may deny a license based upon any criteria provided for at Arkansas Code § 20-10-224(f)(1).
(h) The applicant/licensee must furnish the following information:
- (1) The identity of each person having, directly or indirectly, an ownership interest of five percent (5%) or more in the facility;
- (2) The full name and address of the residential long-term care facility for which license is requested, and such additional information as the department may require, including affirmative evidence of ability to comply with such reasonable standards, rules as are lawfully prescribed hereunder;
- (3) In case such facility is organized as a corporation, the identity of each officer and director of the corporation;
- (4) In case such facility is organized as a partnership, the identity of each partner;
(5)
- (A) A statement from the facility that they are responsible for any funds that they handle for the residents, including personal allowance funds.
- (B) If funds are stolen or lost, the facility is responsible for replacing the funds; and
- (6) A copy of any required service agreement/contract meeting specifications in 20 CAR § 401-303.