(a) A psychiatric residential treatment facility is regulated under the following:

1. (1) For Arkansas residents, the Arkansas Medicaid manual — Psychiatric Residential Treatment Facility Services for under Age 21 Provider Manual, 20 CAR pt. 651;
2. (2) Applicable Medicaid or payor manuals from the resident’s sending state;
3. (3) The Office of Long-Term Care’s Psychiatric Residential Treatment Facility Providers rule (this part);
4. (4) All applicable federal regulations including those cited herein; and
5. (5) Arkansas state statutes.

(c)

1. (1) The office, the Attorney General, the Centers for Medicare & Medicaid Services, other legal authority, contractor, or any combination thereof, may monitor and conduct such surveys, audits, records reviews, desk reviews, complaint inquiries, and investigations of an applicant, licensee, and psychiatric residential treatment facility as necessary to carry out the office’s authority and responsibilities under this part and provisions applicable under Public Health and Welfare, Arkansas Code §§ 20-2-101 – 20-86-113.

2. (2) This includes, but is not limited to, inspecting the following:

   1. (A) All areas used in the care, protection, or support of residents, including the kitchen or food preparation areas, laundry areas, and storage areas;
   2. (B) All resident records, including residents’ financial records, medical records, and any other records maintained by the psychiatric residential treatment facility;
   3. (C) All employee records;
   4. (D) Administration or operation records; and
   5. (E) Any other records necessary for an investigation or survey.

(d)

1. (1) The psychiatric residential treatment facility shall submit to, and cooperate with, unannounced inspection surveys and complaint investigations in order to receive or maintain a license.
2. (2) Said inspection or complaint investigation shall be unscheduled, and at the discretion of the office, the Attorney General, the Centers for Medicare & Medicaid Services, other legal authority, contractor, or any combination therefore, and may be conducted outside regular working hours.

(f)

1. (1) Any owner/operator/administrator, employee, contractor, or volunteer in a psychiatric residential treatment facility shall immediately notify the Child Abuse Hotline if they have reasonable cause to suspect that a child has been subjected to child maltreatment, died as a result of child maltreatment, or if they observe a child being subjected to conditions or circumstances that would reasonably result in child maltreatment.
2. (2) The psychiatric residential treatment facility shall maintain a log or file of all calls to the Child Abuse Hotline.
3. (3) The psychiatric residential treatment facility shall notify the office by the next business day when a report of child maltreatment is accepted by the Child Abuse Hotline against the owner/operator/administrator, employee, contractor, volunteer, child, or other person in a child welfare agency.
4. (4) The psychiatric residential treatment facility and all staff shall cooperate fully with investigators during a child maltreatment investigation.
5. (5) The psychiatric residential treatment facility shall take steps to prevent harm or retaliation against the child while an allegation of child maltreatment is being investigated.

6. (6)

   1. (A) Any person with a true finding of child maltreatment shall be reviewed by the owner or administrator of the psychiatric residential treatment facility, in consultation with the office, or its designee, to determine corrective action.
   2. (B) Corrective action may include, but is not limited to, counseling, training, probationary employment, non-selection for employment, or termination.
7. (7) Any employee who has been sanctioned by any licensing or certifying entity for any reason pertaining to child safety shall be reviewed by the owner or administrator of the psychiatric residential treatment facility, in consultation with the office, or its designee, to determine corrective action.
8. (8) Corrective action may include, but is not limited to, counseling, training, probationary employment, non-selection for employment, or termination.
9. (9) The psychiatric residential treatment facility shall notify the office by the next business day of serious injuries requiring emergency medical treatment, agency vehicle accidents, arrests, elopements, suicide attempts, or deaths, and maintain documentation of the incident and notification.
10. (10) The psychiatric residential treatment facility shall maintain reports on all incidents that cause injury, property damage, or disruption to routine operations or services.

(l) The inspection of care must include:

1. (1) Personal contact and observation of each resident in the psychiatric residential treatment facility; and
2. (2) Review of each resident’s medical record.

(m) The inspection team must determine in its inspection whether:

1. (1) The services available in the psychiatric residential treatment facility are adequate to:

   1. (A) Meet the health needs of each resident;
   2. (B) Promote the maximum physical, mental, and psychosocial functioning;
2. (2) If is necessary and desirable for the resident to remain in the psychiatric residential treatment facility;
3. (3) If is feasible to meet the resident’s health needs; and
4. (4) Each resident in a psychiatric residential treatment facility is receiving active and appropriate treatment.

(n) The provider shall make the following available upon the inspection of care team’s arrival at the site:

1. (1) Medical records of all residents;
2. (2) One (1) or more knowledgeable administrative staff to assist the team;
3. (3) The opportunity to assess direct resident care in a manner least disruptive to the actual provision of care;
4. (4) Staff personnel records, complete with hire dates, dates of credentialing, and copies of current licenses, credentials, criminal background checks, and similar or related records;
5. (5) Written policies, procedures, and quality assurance committee minutes;
6. (6) Clinical administrative, clinical services, quality assurance, quality improvement, utilization review, and credentialing documentation;
7. (7) Program descriptions, manuals, schedules, staffing plans, and evaluation studies; and
8. (8) If identified as necessary and, as requested, additional documents required by a provider’s individual licensing board, Child Maltreatment Central Registry checks, and Adult and Long-term Care Facility Resident Maltreatment Central Registry checks.