(a)

1. (1)

   1. (A) Pursuant to Arkansas Code § 20-10-1704(c), no resident shall be permitted to remain in an assisted living facility if the resident’s condition requires twenty-four-hour nursing care or other services that an assisted living facility is not authorized by law to provide.
   2. (B) See also 20 CAR § 411-802(a).
2. (2) Further, this prohibition applies even if the resident is willing to execute an agreement relieving the facility of responsibility attendant to the resident’s continued placement.
3. (3) Subject to the foregoing, supplemental services may be provided as an alternative to termination.

4. (4)

   1. (A) In no event shall an assisted living facility terminate an occupancy admission agreement if the resident or his or her responsible party arranges for the needed services and any unmet needs.
   2. (B) Supplemental services may be provided by the resident’s family, facility staff, or private duty staff as agreed between the resident and the facility.

(b) The occupancy admission agreement shall not be terminated except under one (1) of the following conditions:

1. (1)

   1. (A) By written notification by either party giving the other party thirty (30) calendar days’ written notice, provided, however, that if an emergency condition exists whereby the continued residency of the resident will constitute immediate jeopardy, a direct threat, or the substantial risk of serious harm, serious injury, impairment, or death to other residents, the facility may immediately discharge the resident.
   2. (B) In such cases, the facility shall document the nature of the emergency and the reasons why it could not permit the continued residency of a resident, and shall provide a written statement of discharge containing the reason for the discharge and stating the right and method to appeal the discharge;
2. (2) The resident’s mental or physical condition deteriorates to a level requiring services that cannot be provided in a Level II assisted living facility;
3. (3) The resident’s condition requires twenty-four-hour nursing care as defined in 20 CAR § 411-103;
4. (4) The resident’s behavior or condition poses an immediate threat to the health or safety of self or others;
5. (5) The resident or his or her responsible party refuses to cooperate in an examination by a physician or advanced practice nurse or licensed psychologist of his or her own choosing to determine the resident’s health or mental status for the purpose of establishing appropriateness for retention or termination;
6. (6) The resident’s fees have not been paid, provided the resident or his or her responsible party was notified and given thirty (30) days to pay any deficiency;
7. (7) The resident or his or her responsible party refuses to enter into a negotiated compliance agreement, refuses to revise the compliance agreement when there is a documented medical reason for the need of a negotiated compliance agreement or revision thereto, or refuses to comply with the terms of the compliance agreement (see 20 CAR § 411-1201, compliance agreements generally); and
8. (8) Other written conditions as may be mutually established between the resident or his or her responsible party and the assisted living facility at the time of admission or any time thereafter.