§ 20-10-1408 - Penalties. - Arkansas Statutes

20-10-1408. Penalties.

(a) Upon a determination of a pattern of failure of a facility by the Office of Long-Term Care, the following penalties shall be applied to the facility:

(1) When the pattern of failure is more than twenty percent (20%) but less than twenty-five percent (25%) of the total number of shifts for any one (1) month, the facility shall be assessed a fine of two thousand five hundred dollars ($2,500);

(2) When the pattern of failure is twenty-five percent (25%) or higher but less than thirty percent (30%) of the total number of shifts for any one (1) month, the facility:

(A) Shall be assessed a fine of five thousand dollars ($5,000); and

(B) (i) Shall be prohibited from admitting new residents for a period of at least two (2) weeks beginning the next business day after notification by the office to the facility of the pattern of failure and continuing until the next business day after the facility submits a report establishing that the facility was not in a pattern of failure for the time during which the facility was prohibited from admitting new residents.

(ii) If the office subsequently determines that the facility did not meet the minimum staffing standards requirements as alleged in the report from the facility, the office shall prohibit the facility from admitting new residents for a period of at least two (2) weeks, and continuing until the next business day after the facility submits a new report establishing that the facility was not in a pattern of failure for the time in which the facility was prohibited from admitting new residents;

(3) When the pattern of failure is thirty percent (30%) or higher of the total number of shifts for any one (1) month in a three-month reporting period, the facility:

(A) Shall be assessed a fine of seven thousand five hundred dollars ($7,500); and

(B) (i) Shall be prohibited from admitting new residents for a period of at least two (2) weeks beginning the next business day after notification by the office to the facility of the pattern of failure and continuing until the next business day after the facility submits a report establishing that the facility was not in a pattern of failure for the time during which the facility was prohibited from admitting new residents.

(ii) If the office subsequently determines that the facility did not meet the minimum staffing standards requirements as alleged in the report from the facility, the office shall prohibit the facility from admitting new residents for a period of at least two (2) weeks and continuing until the next business day after the facility submits a new report establishing that the facility was not in a pattern of failure for the time in which the facility was prohibited from admitting new residents; and

(4) If after five (5) days' notice from the office of the imposition of a denial of new admissions a facility admits new residents during a period in which the facility is prohibited from admitting new residents, the facility shall be assessed a fine of twenty-five thousand dollars ($25,000) per new resident admitted.

(b) The penalties stated in this subchapter are supplemental to any provisions in state or federal laws or regulations.

(c) Appeals from the imposition of any remedy imposed under this subchapter shall be made pursuant to 20-10-208.

(d) (1) When residents are relocated from facilities due to natural disaster or as a result of state or federal action, the Department of Health and Human Services may waive some or all of the provisions of 20-10-1403 and 20-10-1404 for facilities to which the residents are relocated.

(2) Any waiver shall be limited to no more than three (3) months from the date of transfer.