1. (a) Where this part refers to an enactment of the General Assembly, such reference shall include subsequent enactment or amendments by the General Assembly on the same subject matter.

2. (b) As used in this part the following definitions shall apply unless the context clearly states otherwise.

   1. (1)

      1. (A) “Abuse” shall have the same meaning as prescribed by Arkansas Code § 12-12-1703.
      2. (B) “Abuse” also includes sexual abuse as defined in Arkansas Code § 12- 12- 1703(22);

   2. (2)

      1. (A) “Activities of daily living” means the tasks for self-care that are performed either independently, with supervision, with assistance, or by others.
      2. (B) “Activities of daily living” include but are not limited to:

3. (i) Ambulating;

   1. (ii) Transferring;

      1. (iii) Grooming;

         1. (iv) Bathing;
         2. (v) Dressing;
         3. (vi) Eating; and
         4. (vii) Toileting;
   2. (3) “ADA” means the Americans with Disabilities Act;
   3. (4) “Adult day care (ADC) program” means a program that provides care and supervision to meet the needs of four (4) or more functionally impaired adults for periods of less than twenty-four (24) but more than two (2) hours per day in a place other than the adult's own home;
   4. (5) “Adult day care provider” means a person, corporation, partnership, association, or organization legally responsible for the overall operation of the ADC program and that is licensed to operate as an ADC by the Department of Human Services;
   5. (6) “Applicant” means the person, corporation, partnership, association, or organization that has submitted an application to operate an ADC but has not yet been approved and issued a license by the Department of Human Services;
   6. (7) “Caregiver” shall have the same meaning prescribed by Arkansas Code § 12-12- 1703;
   7. (8) “Contact days” means the number of days the client actually attended the adult day care facility;
   8. (9) “Deficiency” means a facility’s failure to meet program participation requirements as defined in these and other applicable rules and laws;
   9. (10) “Department” means the division within the Department of Human Services that has the responsibility for the licensure and certification of long-term care facilities;

   10. (11) “Direct care services” means services that directly help a client with certain routines and activities of daily living such as assistance with:

       1. (A) Mobility and transfers;
       2. (B) Clients to consume a meal;
       3. (C) Grooming;
       4. (D) Shaving;
       5. (E) Trimming or shaping fingernails and toenails;
       6. (F) Bathing;
       7. (G) Dressing;
       8. (H) Personal hygiene;
       9. (I) Bladder and bowel requirements, including incontinence; or
       10. (J) Medication only to the extent permitted by the state Nurse Practice Act and interpretations thereto by the Arkansas State Board of Nursing;
   11. (12) “Direct care staff” means any staff, compensated or volunteer, acting on behalf of, employed by, or contracted by the facility either directly or through an employment agency to provide services and who provides direct care services or assistance to clients, including activities of daily living and tasks related to medication administration or assistance;
   12. (13) “Direct contact” means the ability or opportunity of employees of the facility, or individuals with whom the facility contracts either directly or through an agency, to physically interact with or be in the presence of clients;

   13. (14)

       1. (A) “Director” means the individual or entity that:

          1. (i) Conducts the business of the facility; and
          2. (ii) Is in charge of the daily operations of the facility.
       2. (B) The director is the resource contact between the facility and the Department of Human Services;
   14. (15) “Discharge” means when a client leaves the facility and it is not anticipated that the client will return;
   15. (16) “Emergency measures” means those measures necessary to respond to a serious situation that threatens the health and safety of clients;
   16. (17) “Exploitation” shall have the same meaning as prescribed by Arkansas Code § 12-12-1703 and as amended;
   17. (18) “Functionally impaired adult” means an individual, eighteen (18) years of age or older, who by reason of mental or physical disability requires care and supervision;

   18. (19)

       1. (A) “HIPAA” means the Health Insurance Portability and Accountability Act required by federal law to “protect health information” of clients.
       2. (B) See www.dhhs.gov/ocr/hipaa for specific details;

   19. (20)

       1. (A) “License” means a time-limited, nontransferable permit:

          1. (i) Required by Arkansas Code § 20-10-224; and
          2. (ii) Issued for a maximum period of twelve (12) months to a licensee who complies with the Office of Long-Term Care rules.
       2. (B) This document shall list the maximum number of slots for the facility;

   20. (21)

       1. (A) “Long-term care facility” shall have the same meaning as prescribed by Arkansas Code § 12-12-1703.

       2. (B) Per Arkansas Code § 20-10-101(9)(B), a long-term care facility does not include an adult day care program that provides:

          1. (i) Care and supervision to meet the needs of twelve (12) or fewer functionally impaired adults at any time in a place other than the adult’s home; or
          2. (ii) Services to clients for four (4) hours or less per day for no more than two (2) days per week;
   21. (22) “Long-term care facility resident” shall have the same meaning as prescribed by Arkansas Code § 12-12-1703 and as amended;
   22. (23) “Maltreatment” shall have the same meaning as prescribed in Arkansas Code § 12-12-1703;
   23. (24) “Mental abuse” means verbal, written, or gestured communications to a client, a visitor, or staff, about a client within the client’s presence, or in a public forum, that a reasonable person finds to be a material endangerment to the mental health of a client;
   24. (25) “Neglect” shall have the same meaning as prescribed by Arkansas Code § 12-12-1703;
   25. (26) “Noncompliance” means any violation of this part or of applicable laws;

   26. (27) “Person” means:

       1. (A) An individual;
       2. (B) A partnership;
       3. (C) An association;
       4. (D) A corporation; or
       5. (E) Another entity;
   27. (28) “Personnel/staff/employee” means any person who, under the direction, control, or supervision of facility administration, provides services as defined in this part for compensation, or who provides services voluntarily, and may include the owner, professional, management and person, firms, or entities providing services pursuant to a contract or agreement;
   28. (29) “Plan of care” means the adult day care provider’s written description of the scope of services to be provided to each individual client;

   29. (30) “Plan of correction (PoC)” means a plan developed by the facility and approved by the Department of Human Services that:

       1. (A) Describes the actions the facility will take to correct deficiencies;
       2. (B) Specifies the date by which those deficiencies will be corrected; and
       3. (C) Sets forth the means and methods used to evaluate the efficacy of the corrections;
   30. (31) “PRN” means a medication or treatment prescribed by a medical professional to a person, allowing the medication or treatment to be given “as needed”;
   31. (32) “Program director” means the person responsible for the operation of the program;
   32. (33) “Program requirements” means the requirements for participation and licensure under these and other applicable rules and laws as an adult day care facility;

   33. (34) “Proprietor/licensee” means any person, firm, corporation, governmental agency, or other legal entity:

       1. (A) Issued an adult day care license; and
       2. (B) Responsible for maintaining approved standards; and
   34. (35) “Survey” means the process of inspection, interviews, or record reviews conducted by the Department of Human Services to determine an adult day care facility’s compliance with program requirements and with applicable rules and laws.

Codification Notes: Americans with Disabilities Act is codified generally at 42 U.S.C. § 12101 et seq. The Health Insurance Portability and Accountability Act of 1996 was enacted as Pub. L. No. 104-191.