9 CAR § 31-1002 – Licensing approval and monitoring

(a)
1. (1) The agency shall have a written program description that is available to residents and parents or guardians.
2. (2) The following information shall be included:
  1. (A) Program philosophy and mission;
  2. (B) Services and treatment modalities;
  3. (C) Treatment planning procedures, including medical, dental, and other needs;
  4. (D) Behavior management program and expectations of each child;
  5. (E) Levels and privileges, if applicable;
  6. (F) Admission, exclusion, and discharge criteria;
  7. (G) Aftercare services; and
  8. (H) Clinical discharge planning throughout the child’s stay that includes the custodian and child involvement.
(b) The agency shall have written policies and procedures for family therapy, family visitation, and therapeutic passes subject to progress, treatment, and physician’s orders.
(c) The agency shall establish and post a written list of children’s rights.
(d) The agency shall establish a procedure for hearing children’s grievances.
(e)
1. (1) At the discretion of the Child Welfare Agency Licensing Unit, a multidisciplinary team may be asked to assist the licensing specialist in the initial study or during an investigation of a licensing complaint.
2. (2) This team may include a:
  1. (A) Licensed mental health professional, as recognized by Arkansas Medicaid; or
  2. (B) Person with professional expertise in the appropriate field.
(f) At the discretion of the Child Welfare Agency Licensing Unit, a multidisciplinary team may be asked to assist the licensing specialist during inspections for advisory purposes.
(g) All applicants for a psychiatric residential treatment facility licensed after March 1, 2003, shall obtain a permit of approval from the Arkansas Health Services Agency prior to submitting an application or change of status request to the Child Welfare Agency Review Board.
(h) If a licensee is operating at less than or at the capacity licensed by the board as of March 1, 2021, the licensee shall obtain a permit from the Health Services Permit Agency or the Health Services Permit Commission for any increase in capacity.
(i) Any new license or expansion of capacity by an existing licensee of the board shall require a license and permit from the Office of Long-Term Care or the Health Services Permit Agency.
(j) In addition to any other basis provided by law or rule, the board shall terminate the license that has not been in operation for a consecutive twelve-month period.
(k) The Department of Human Services may recommend to the board the revocation, suspension, or termination of a license for any basis provided by law or rule including, without limitation, the failure to be in operation or in substantial compliance for a consecutive six-month period.
(l) The department shall conduct quality assurance reviews for each regulated facility, consisting of the following:
1. (1) A review of treatment structure including without limitation:
  1. (A) Observation of paraprofessional and direct-care staff interaction with patients;
  2. (B) Review of daily activity structure outside of school and treatment;
  3. (C) Review of paraprofessional and direct-care staff training and personnel records;
  4. (D) Review of staff-to-client ratios; and
  5. (E) Completion of client interviews;
2. (2) An analysis of referral data, statistics, and psychotropic medication prescriptions;
3. (3) An on-site visit of a regulated facility’s operation, to be conducted at least once per year.
4. (4) Technical assistance and ongoing quality assurance and collaboration as needed; and
5. (5) The department and its designees may inspect and investigate the quality of care for behavioral health provided to any child admitted to a regulated facility, whether or not the child is an Arkansas resident.
(m) The department may initiate an adverse action against a regulated facility that:
1. (1) Fails to comply with the provisions of Arkansas Code § 9-28-1301 et seq. or any rule of the department relating to quality of care;
2. (2) Furnishes or makes any statement or report to the department that is false or misleading;
3. (3) Refuses or fails to submit required reports or to make available to the department any records required by the department in making an investigation of the agency for quality-of-care purposes;
4. (4) Refuses or fails to submit to an investigation or to reasonable inspection by the department;
5. (5) Retaliates against an employee who in good faith reports a suspected violation of the provisions of Arkansas Code § 9-28-1301 et seq. or the rules promulgated under Arkansas Code § 9-28-1301 et seq.;
6. (6) Fails to engage in a course of professional conduct in dealing with clients being served by the regulated facility, as defined by rules promulgated under Arkansas Code § 9-28-1301 et seq.; or
7. (7) Demonstrates gross negligence in carrying out the duties at the regulated facility.