(a)

1. (1) All areas of the facility that are accessible to clients or are used in the care or support of clients, including but not limited to kitchen or food preparation areas, laundry areas, and storage areas, and all client records, including but not limited to clients' financial records maintained by the facility and clients' medical records maintained by the facility, shall be open for inspection by the:

   1. (A) Department of Human Services;
   2. (B) Office of Long-Term Care; or
   3. (C) Office of the Attorney General.
2. (2) All facility records related to the care or protection of clients and all employee records related to the care or protection of clients shall be open for inspection by the department, the Office of Long-Term Care, or the Attorney General’s office for the purpose of enforcing this part and applicable laws.

3. (3)

   1. (A) The facility shall provide access to any copying equipment the facility has on premises to permit the above-named entities the ability to make copies of facility records.
   2. (B) This shall not be construed as a requirement that a facility be required to have copy equipment on its premises.

(b)

1. (1) The facility shall submit to regular and unannounced inspection surveys and complaint investigations in order to receive or maintain a license.
2. (2) The facility shall inform clients of the survey process and clients’ rights with regard to privacy during the process.
3. (3) Clients or employees may refuse to be interviewed or photographed.
4. (4) The department or its agents, the Office of Long-Term Care or its agents, or the Attorney General’s office or its agents have the right to conduct interviews in a private area with clients or employees who consent to interviews, and shall be permitted to photograph the facility.
5. (5) Clients shall be photographed in accordance with Arkansas Code § 20-10-104.
6. (6) This part shall not be construed as a waiver of any constitutional rights, including but not limited to the right against self-incrimination.

(c) An inspection may occur at any time, in the discretion of the:

1. (1) Department or its agents;
2. (2) Office of Long-Term Care or its agents; or
3. (3) Attorney General’s office or its agents.

(d)

1. (1) The facility shall provide for the maintenance and submission of such statistical, financial, or other information, records, or reports related to client care or property in such form and at such time and in such manner as the department or its agents, the Office of Long-Term Care or its agents, or the Attorney General or its agents may require.

2. (2) Provided, however, those records created by, or for the exclusive use of, the quality assessment unit shall not be subject to release to the:

   1. (A) Department or its agents; or
   2. (B) Office of Long-Term Care or its agents.

(e)

1. (1) Facilities must provide a written acceptable plan of correction within fifteen (15) business days of receipt of written notification of deficiencies (also referred to as a statement of deficiencies) found during any inspections or surveys.
2. (2) The Office of Long-Term Care shall determine whether the proposed plan of correction, including any proposed dates by which correction will be made, is acceptable.

(f)

1. (1) The facility must post the statement of deficiencies and the facility’s response and the outcome of the response from the latest survey in a public area utilized by clients or their responsible parties and visitors.
2. (2) A copy shall be provided to each client or client’s responsible party upon request of the client or the client’s responsible party.
3. (3) The last twelve (12) months of deficiency notices and facility responses and outcomes of responses, for all surveys, shall be provided to persons or their responsible parties upon request when they apply for residence in the facility.