(a)
(1) No Level I assisted living facility may be established, conducted, or maintained in Arkansas without first obtaining a long-term care facility license as required by:
- (A) Arkansas Code § 20-10-201 et seq.;
- (B) The Arkansas Assisted Living Act, Arkansas Code § 20-10-1701 et seq.; and
- (C) This part.
(2) All licenses issued hereunder, and the beds stated on the license, are nontransferable:
- (A) From one (1) owner or proprietor to another; or
- (B) From one (1) site or location to another.
- (3) No Level I assisted living facility may operate with more beds than is stated in the license, and no Level I assisted living facility may accept more residents than the number of beds stated on the license.
- (4) No license shall be issued without proof of a valid, current permit of approval issued by the Health Services Permit Commission or Health Services Permit Agency.
(b)
- (1) The issuance of a Level I assisted living facility license shall be a grant of authority to the facility to operate an assisted living facility that does not provide services for or house individuals who meet the medical eligibility for nursing home level of care with the stated bed capacity set out in the license, subject to the provisions regarding loss of beds below.
- (2) The initial license shall state the number of beds as set forth in the permit of approval.
- (3) Subsequent licenses issued to the same owner will state the number of beds for which the facility has been authorized by the commission or the agency at the time of the issuance of the subsequent license.
- (4) Licenses issued as a result of a change of ownership shall state the number of beds for which the facility was licensed on the date of sale of the facility or the date of the sale of ownership of the facility.
- (c) No individual meeting the criteria for Level II level of care may reside or be housed in a Level I unit or Level I bed.