- (a) The provisions of this section are supplemental to, and independent of, the provisions of Title 20 of the Arkansas Code.
- (b) Purpose of remedies. The purpose of remedies is to ensure prompt compliance with program requirements.
(c) Basis for imposition and duration of remedies. When the Office of Long-Term Care chooses to apply one (1) or more remedies specified herein, the remedies are applied:
- (1) On the basis of noncompliance found during surveys or inspections of any nature conducted by the office; or
- (2) For failure to comply with applicable laws or rules.
- (d) Number of remedies. The office may apply one (1) or more remedies for each deficiency constituting noncompliance or for all deficiencies constituting noncompliance.
(e) Plan of correction requirement.
(1)
- (A) Regardless which remedy is applied, or the nature or severity of the violation, each facility that has deficiencies must submit a plan of correction for approval by the office.
- (B) The plan of correction shall be set forth on the statement of deficiencies.
- (C) While a facility may provide a disclaimer in the plan of correction, the facility is still required to provide:
(i) Corrective actions to address the cited deficiencies;
(ii) The time frames in which the corrective actions will be completed; and
- (iii) The manner to be utilized by the facility to monitor the effectiveness of the corrective action.
- (2) Failure by the facility to provide an acceptable plan of correction may result in the imposition of additional remedies pursuant to this part at the discretion of the office or in a finding of a violation and imposition of additional remedies set forth in Title 20 of the Arkansas Code, set forth in this part, or both.
(f) Notification requirements.
(1) Except in cases of emergency termination of a license or in cases of emergency removal or transfer of clients, the office shall give the provider notice of the remedy, including:
- (A) Nature of the noncompliance;
- (B) Remedy or remedies imposed;
- (C) Date the remedy begins; and
- (D) Right to appeal the determination leading to the remedy.
- (2) Notice shall not be required for state monitoring.