Inspections by department
Arkansas Code § 20-10-1704; Arkansas Code § 20-10-1707; Arkansas Code § 20-10-224; Arkansas Code § 20-10-232; Arkansas Code § 20-76-201; Arkansas Code § 20-77-107; Arkansas Code § 25-10-129
(a)
- (1) All areas of the facility that are accessible to residents or are used in the care or support of residents, including but not limited to kitchen or food preparation areas, laundry areas, and storage areas, and all resident records, including but not limited to residents' financial records maintained by the facility and residents' medical records maintained by the facility, shall be open for inspection by the Department of Human Services, the Office of Long-Term Care, or the office of the Attorney General.
- (2) All facility records related to the care or protection of residents and all employee records related to the care or protection of residents shall be open for inspection by the department, Office of Long-Term Care, or the office of the Attorney General for the purpose of enforcing this part and applicable laws.
(3)
- (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.
- (B) This shall not be construed as a requirement that a facility be required to have copy equipment on its premises.
(b)
- (1) The facility shall submit to regular and unannounced inspection surveys and complaint investigations in order to receive or maintain a license.
- (2) The facility shall inform residents of the survey process and residents’ rights with regard to privacy during the process.
- (3) Residents or employees may refuse to be interviewed or photographed.
(4)
- (A) The department or its agents, the Office of Long-Term Care or its agents, or the office of the Attorney General or its agents have the right to conduct interviews in a private area with residents or employees who consent to interviews, and shall be permitted to photograph the facility.
- (B) Residents and their apartments shall be photographed in accordance with Arkansas Code § 20-10-104.
- (C) This rule 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 department or its agents, the Office of Long-Term Care or its agents, or the office of the Attorney General or its agents.
(d)
- (1) The facility shall provide for the maintenance and submission of such statistical, financial, or other information, records, or reports related to resident care or property in such form and at such time and in such manner as the department or its agents or the Office of Long-Term Care or its agents may require.
- (2) Provided, however, that records created by, or for the exclusive use of, the quality assessment unit shall not be subject to release to the department or its agents or the Office of Long-Term Care or its agents.
(e)
(1) Facilities must provide a written acceptable plan of correction within fifteen (15) working days of receipt of written notification of deficiencies, also referred to as a Statement of Deficiencies, found during:
- (A) Routine inspections or surveys;
- (B) Special visits; or
- (C) Complaint investigations.
- (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) 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 residents or their responsible parties and visitors.
- (2) A copy shall be provided to each resident or resident’s responsible party upon request of the resident or the resident’s responsible party.
- (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.