1. (a)

   1. (1) Applicants for licensure or renewal of adult day health care facility licensure shall obtain the necessary forms for initial or renewal licensure or relicensure of the facility after a change of ownership (see 20 CAR § 409-206) from the Office of Long-Term Care.
   2. (2) The issuance of an application form is not a guarantee that the completed application will be acceptable or that the Department of Human Services will issue a license.
2. (b) The facility shall not admit any clients until a license to operate an adult day health care facility has been issued.

3. (c)

   1. (1) Applicants for initial licensure, renewal, or relicensure after a change in ownership shall pay in advance a license fee of five dollars ($5.00) per slot to the department.
   2. (2) Such fee shall be refunded to the applicant in the event a license is not issued.

4. (d)

   1. (1) Annual renewal is required for all adult day health care facility licenses.
   2. (2) Licenses are effective beginning July 1 and shall expire on June 30 of the following year.
   3. (3) In the event that a facility’s license is not renewed by June 30, the license will be void.

5. (e)

   1. (1) Applications for annual license renewal shall be delivered or, if mailed, postmarked to the office no later than June 1 before the June 30 expiration of the license.
   2. (2) Any license fee received by the department after June 1 is subject to a ten percent (10%) penalty.
6. (f) The director of the facility shall sign applications and must successfully complete a criminal background check pursuant to Arkansas Code § 20-33-201 et seq., and in accordance with the Rules for Conducting Criminal Record Checks for Employees of Long-Term Care Facilities, 20 CAR pt. 404.

7. (g)

   1. (1)

      1. (A) When a change in ownership or controlling interest in the facility is sold by a person or persons named in the license to any other person or persons, the new owner shall, at least thirty (30) days prior to completion of the sale:

8. (i) Submit a new application and license fee;

   1. (ii) Request to be inspected; and

      1. (iii) Meet the applicable standards and rules, including but not limited to, life safety codes, at the time of inspection.
      2. (B) The seller, in writing, shall report such change in ownership to the office at least thirty (30) days before the change is to be implemented.

   2. (2)

      1. (A) With the exception of civil money penalties imposed for violations or deficiencies that occurred prior to the sale of ownership or control, when a license is granted pursuant to a change of ownership the buyer shall be responsible for implementation or performance of any remedy listed in 20 CAR § 409-803 imposed against the facility for violations or deficiencies that occurred prior to the sale of ownership or control.
      2. (B) The seller shall remain liable for all civil money penalties assessed against the facility that are imposed for violations or deficiencies occurring prior to the sale of ownership or operational control.
   3. (3) The department shall consider and may deny a license based upon any criteria provided for at Arkansas Code § 20-10-224 (f)(1) et seq.
   4. (4) Failure to comply with the provisions of this section will result in the denial of licensure to the new owner.

9. (h) The applicant/licensee must furnish the following information:

   1. (1) The identity of each person having, directly or indirectly, an ownership interest of five percent (5%) or more in the facility;
   2. (2) The complete name and address of the adult day health care facility for which licensure is requested and such additional information as the department may require including, but not limited to, affirmative evidence of ability to comply with standards and rules as are lawfully prescribed hereunder;
   3. (3) In case such facility is organized as a corporation, the identity of each officer and director of the corporation, together with a certificate of good standing from the Secretary of State; and

   4. (4) In case such facility is organized as a partnership, the identity of each partner and a copy of the partnership agreement.

      1. (i) Procedure for licensure. The procedure for obtaining an adult day health care license shall be:
   5. (1) The individual or entity seeking licensure shall request and obtain all forms for licensure from the office;

   6. (2)

      1. (A) The individual or applicant shall fully complete all forms for licensure and submit same to the office, along with all licensure fees.
      2. (B) As applicable and required by law or rule, the individual or entity seeking licensure shall submit drawings or plans for the facility to the office at the time of application;
   7. (3) For a new facility, the office will conduct a life-safety code survey to determine compliance with applicable building code requirements;
   8. (4) For a new facility, upon being informed that the facility meets all requirements for all applicable building codes the facility may admit clients;
   9. (5) For a new facility, upon successful completion of the initial survey the facility shall be granted a license to operate as an adult day health care;
   10. (6) The office may elect, for any renewal application, to perform a survey prior to the issuance of the license, and issuance of the license is contingent upon the facility being found in compliance with all program requirements;

   11. (7)

       1. (A) The office may elect, for any renewal application, to deny relicensure if the facility has unpaid civil money penalties imposed by the office.
       2. (B) The time for an appeal has passed with no appeal being filed or all appeals have been exhausted and the imposition of the CMPs was upheld; and
   12. (8) The office shall deny renewal of any license when a facility is unable to meet program requirements at the time of renewal.

Codification Notes: "CMPs" means civil money penalties.