20 CAR § 417-202 – Licensing application process

(a) It is unlawful for any person, partnership, group, corporation, association, or other entity or identifiable group of entities having a coordinated ownership with controlling interest to operate or assist in the operation of a psychiatric residential treatment facility that has not been licensed by the Office of Long-Term Care.
(b)
1. (1) Prior to obtaining a license, psychiatric residential treatment facilities shall obtain a permit from the Health Services Permit Agency to operate in Arkansas.
2. (2) The bed capacity allowed by the permit issued by the Health Services Permit Agency includes both in-state and out-of-state residents.
3. (3) As of January 1, 2025, all increases or decreases in the total number of psychiatric residential treatment facilities authorized beds must be approved by the Legislative Council prior to receiving a permit from the Health Services Permit Agency or license from the office.
4. (4) Any expansions of bed capacity or new construction exceeding two hundred fifty thousand dollars ($250,000) by an existing licensee shall require a license from the office and a permit from the Health Services Permit Agency.
5. (5) A license issued by the office is effective unless revoked, suspended, or terminated by the office.
(c) After the requisite permit has been approved by the Health Services Permit Agency, an application for licensing as a psychiatric residential treatment facility shall be completed, as prescribed by the office.
(d) All applicants shall submit a completed licensing application packet to the office, which shall include:
1. (1) A completed psychiatric residential treatment facility licensure application and the nonrefundable licensing fee as established by statute; and
2. (2) The annual fee, calculated by multiplying ten dollars ($10.00) by the total approved licensed resident beds in the psychiatric residential treatment facility, or maximum approved licensed resident population.
(e) After the licensing application has been approved by the office, notification of the approval shall be sent to the applicant.
(f) If the office issues a license to operate a psychiatric residential treatment facility, the license shall be posted and displayed in a conspicuous place in the psychiatric residential treatment facility and must state at a minimum the:
1. (1) Full legal name of the person, partnership, group, corporation, organization, association, or other entity or identifiable group of entities having a coordinated ownership with controlling interest holding the license, including the business name, if different;
2. (2) Address of the psychiatric residential treatment facility;
3. (3) Effective date and expiration date of the license;
4. (4) Type of psychiatric residential treatment facility the licensee is authorized to operate;
5. (5) Ages and maximum number of children that may receive services from the psychiatric residential treatment facility; and
6. (6) Special conditions or limitations of the license.
(g) In addition to any other basis provided by law or rule, the Department of Human Services shall terminate the license of a facility that has not been in operation for a consecutive twelve-month period.
(h) The office may revoke, suspend, or terminate a license upon any basis provided by law or rule, including without limitation failure to be in operation, or in substantial compliance to the specific laws and rules which govern psychiatric residential treatment facilities, for a consecutive six-month period.
(i) It is unlawful for any person to falsify an application for licensure, to knowingly circumvent the authority of this part, to knowingly violate the orders issued by the office, or to advertise for inpatient psychiatric residential treatment when not licensed to provide those services.
(j) No psychiatric residential treatment facility may be sold or transferred without prior approval from office.