Mandatory closure notification
Effective Oct 27, 2025Ark. R. 2025-27 (eff. October 27, 2025).Arkansas Code § 20-76-201; Arkansas Code § 25-10-129
- (a) Except as provided in this part, a license shall be immediately null and void if a psychiatric residential treatment facility becomes nonoperational.
- (b) A cessation of business is deemed to be effective the date on which the psychiatric residential treatment facility stopped offering or providing services to the community.
- (c) Upon the cessation of business, the provider shall immediately return the original license to the Office of Long-Term Care.
- (d) Cessation of business is deemed to be a voluntary action on the part of the provider.
- (e) The provider does not have a right to appeal a cessation of business.
(f) Prior to the effective date of the closure or cessation of business, the psychiatric residential treatment facility shall:
(1) Give thirty (30) days’ advance written notice to:
- (A) The office;
- (B) The prescribing physicians; and
- (C) The parent or legal guardian or legal representative of each resident; and
- (2) Provide for an orderly discharge and transition of all residents in the psychiatric residential treatment facility.
(g)
- (1) In addition to the advance notice of voluntary closure, psychiatric residential treatment facility shall submit a written plan for the disposition of residents’ medical records for approval by the office.
(2) The plan shall include the following:
- (A) Effective date of the voluntary closure;
- (B) Provisions that comply with federal and state laws on storage, maintenance, access, and confidentiality of the closed provider’s residents’ medical records;
- (C) An appointed custodian or custodians who shall provide the following:
(i) Access to records and copies of records to the resident’s parent or legal guardian, upon presentation of proper authorization or authorizations;
(ii) Physical and environmental security that protects the records against fire, water, intrusion, unauthorized access, loss, and destruction; and
- (iii) Public notice regarding access to records, in the newspaper with the largest circulation in close proximity to the closing provider, at least fifteen (15) days prior to the effective date of closure.
- (h) If a psychiatric residential treatment facility fails to follow these procedures, the owners, managers, officers, directors, and administrators may be prohibited from opening, managing, directing, operating, or owning a psychiatric residential treatment facility for a two-year period.