1. (a)

   1. (1) Prior to or on the day of admission, the assisted living facility and the resident or his or her responsible party shall enter into an occupancy admission agreement.
   2. (2) For admissions due to emergency circumstances, an individual shall enter into the assisted living facility as a provisional placement with an occupancy admission agreement between the assisted living facility and the individual or his or her responsible party in place within thirty (30) calendar days of admission if it is determined the individual is appropriate for admission into the assisted living facility.
   3. (3) The agreement shall be in writing and shall be signed by both parties.

   4. (4)

      1. (A) Each resident or his or her responsible party, prior to the execution of the occupancy admission agreement, shall have an opportunity to read the agreement.
      2. (B) In the event that a resident or his or her responsible party is unable to read the agreement, necessary steps shall be taken to ensure communication of its contents to the resident or his or her responsible party.
   5. (5) The resident or his or her responsible party shall be given a signed copy of the agreement, and a copy signed by the resident or his or her responsible party and assisted living facility shall be retained in the resident’s record.

2. (b) The occupancy admission agreement shall include, at a minimum, the following:

   1. (1) Basic core services that the assisted living facility shall provide including, but not limited to:

      1. (A)

3. (i) Twenty-four-hour staff.

   1. (ii) The phrase “twenty-four-hour staff” does not require continuous, uninterrupted visual monitoring, and does not place any responsibility with the facility for the conduct of a resident who is away from the facility.

      1. (iii) This definition does not mean, and is not intended to imply, that a facility is not responsible for any resident who has eloped, as that term is defined in this part;

      2. (B)

         1. (i) Assistance in obtaining emergency care twenty-four (24) hours a day.
         2. (ii) This provision may be met with an agreement with an ambulance service or hospital or emergency services through 911;
      3. (C) Assistance with social, recreational, and other activities;

      4. (D)

         1. (i) Assistance with transportation.
         2. (ii) This does not include the provision of transportation;
      5. (E) Linen service; and
      6. (F) Three (3) meals a day;

   2. (2) Direct care services and ancillary services:

      1. (A) Services identified by the resident or his or her responsible party that are not included in the assisted living facility’s core services (see subdivision (b)(1) of this section for basic core services) but are available in the facility on an additional fee basis (see 20 CAR §§ 411-1002(c), 411-1003(c), 411-1004(b), and 411-1407(9) for examples of ancillary services on an additional fee basis) for which the resident or his or her responsible party must sign a request that acknowledges the additional cost and the services provided in the facility for that additional cost; and
      2. (B) Arrangements for other services identified as needed by the resident or his or her responsible party but are not available in the assisted living facility;

   3. (3) Healthcare services:

      1. (A) Services identified as needed by the resident or his or her responsible party that are not included in the assisted living facility’s basic core services but are available in the facility on an additional fee basis, for which the resident or his or her responsible party must sign a request that acknowledges the additional cost and the services provided in the facility for that additional cost; and
      2. (B) Arrangements for other healthcare services identified as needed by the resident or his or her responsible party but are not available in the assisted living facility;
   4. (4) Parameters for pets to include behavior and health;

   5. (5)

      1. (A) A current statement of all:

         1. (i) Fees;
         2. (ii) Daily, weekly, or monthly charges; and
         3. (iii) Any other services that are available on an additional fee basis for which the resident or his or her responsible party must sign a request acknowledging the additional cost and the services provided for that charge.

      2. (B)

         1. (i) All fees that a resident will be billed, basic core and other fees, shall be disclosed in writing to the resident and made a part of the occupancy admission agreement prior to the receipt of the services.
         2. (ii) If no prior agreement is obtained, the services may not be billed to the resident or the resident’s responsible party;
   6. (6) A statement that residents or their responsible parties shall be informed, in writing, at least thirty (30) days prior to general rate changes;

   7. (7)

      1. (A) The refund policy that addresses refund of advance payment or payments in the event of transfer, death, or voluntary or involuntary discharge.

      2. (B) The facility shall ensure, and the policy shall include, as a minimum, the following:

         1. (i)
4. (a) (a) For a fourteen-day period beginning on the date of entry into a facility, the resident or his or her responsible party shall have the right to rescind any contractual obligation into which he or she has entered and receive a full refund of any moneys transferred to the facility.

5. (b) (b) If the resident entered the facility and received some benefit, the charges of the services provided shall be prorated and payment made only for the benefits conferred prior to the refund;

   1. (ii) In the event of discharge for medical reasons, the refund policy must address the resident’s need to maintain ongoing medical care and services, and for that reason, refunds shall be on a pro rata basis regardless of income source; and

      1. (iii)
6. (a) (a) If, after the expiration of the fourteen-day period referenced in subdivision (b)(7)(B)(i) of this section, the resident or his or her responsible party provides a ten-day notice, any applicable refund shall be available the day the resident is discharged from the facility.

7. (b) (b) If the resident or his or her responsible party does not provide a ten-day notice, any applicable refund will be available within ten (10) days of the resident’s departure;

   1. (8) Procedure for nonpayment of fees;
   2. (9) Whether the resident or his or her responsible party chooses to ask the facility to accept responsibility for the resident’s personal funds;
   3. (10) Whether the resident shall assume responsibility for his or her own medication;
   4. (11) The resident or his or her responsible party’s authorization and consent to release medical information as needed;

   5. (12) Provisions for:

      1. (A) The continuous assessment of the resident’s needs; and

      2. (B) Referral for:

         1. (i) Appropriate services as may be required if the resident’s condition changes; and
         2. (ii) Transfer or discharge if required due to a change in the resident’s condition;

   6. (13)

      1. (A) A statement that a resident may not be required to perform services for the assisted living facility except as provided for in the occupancy admission agreement or a subsequent written agreement.
      2. (B) A resident and the assisted living facility may agree in writing that a resident will perform certain activities or services in the facility if the resident volunteers or is compensated at or above prevailing rates in the community.
      3. (C) If a resident is compensated for performance of certain activities to which the resident and the facility agree, the resident shall have to undergo a criminal record check;
   7. (14) Conditions under which emergency transfers or discharges shall be made and procedures for handling such transfers or discharges;
   8. (15) Conditions or events resulting in termination of the occupancy admission agreement;
   9. (16) Resident's or his or her responsible party’s responsibilities;

   10. (17)

       1. (A) Written documentation of the resident's or his or her responsible party’s preference regarding the formulation of an advance directive in accordance with Arkansas law.
       2. (B) If applicable, a copy of the resident’s advance directive shall be available;
   11. (18) Copy of compliance agreement, if applicable;
   12. (19) Evidence that the resident or responsible party was provided a copy of the facility disclosure statement, and annual updates upon revision of the statement;
   13. (20) HIPAA authorization forms, if any;
   14. (21) Documentation of Options Counseling Form; and
   15. (22) Other information as may be appropriate.

Codification Notes: “HIPAA” means the Health Insurance Portability and Accountability Act, Pub. L. No. 104-191.