1. (a) Where this part refers to an enactment of the General Assembly, such references 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 health care (ADHC) program” means a program which provides organized and continuing supportive health and social services and activities 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 health care provider” means the person, corporation, partnership, association, or organization legally responsible for the overall operation of the ADHC program and is licensed to operate as an ADHC by the Office of Long-Term Care;
   5. (6) “Applicant” means the person, corporation, partnership, association, or organization which has submitted an application to operate an ADHC but has not yet been approved and issued a license by the Office of Long-Term Care;
   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 health care facility;
   8. (9) “Deficiency” means a facility’s failure to meet program participation requirements as defined in this part and other applicable regulations and laws;
   9. (10) “Department” means the Department of Human Services;

   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) Consuming 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 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 employment 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 Office of Long-Term Care;
   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) “Long-term care facility resident” shall have the same meaning as prescribed by Arkansas Code § 12-12-1703 and as amended;
   17. (18) “Exploitation” shall have the same meaning as prescribed by Arkansas Code § 12-12-1703 and as amended;
   18. (19) “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;
   19. (20) “Health card” means a certificate issued by the Department of Health, or any entity certified by the Department of Health, that states the person named on the card has been tested for tuberculosis;

   20. (21)

       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;

   21. (22)

       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;
   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 law or regulations;
   26. (27) “Office of Long-Term Care” means the office in the Division of Provider Services and Quality Assurance of the Department of Human Services that has the responsibility for the licensure, certification, and regulation of long-term care facilities, herein referred to as “the office”;

   27. (28) “Person” means:

       1. (A) An individual;
       2. (B) A partnership
       3. (C) An association;
       4. (D) A corporation; or
       5. (E) Another entity;
   28. (29) “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;
   29. (30) “Plan of care” means the adult day health care provider’s written description of the scope of services to be provided to each individual client;

   30. (31) “Plan of correction (PoC)” means a plan developed by the facility and approved by the Office of Long-Term Care 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;
   31. (32) “PRN” means a medication or treatment prescribed by a medical professional to a person, allowing the medication or treatment to be given “as needed”;
   32. (33) “Program requirements” means the requirements for participation and licensure under this part and other applicable regulations and laws as an adult day health care facility;

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

       1. (A) Issued an adult day health 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 Office of Long-Term Care to determine an adult day health care facility’s compliance with program requirements and with applicable regulations 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.