§ 20-10-1909 - Matters not subject to informal dispute resolution. - Arkansas Statutes

20-10-1909. Matters not subject to informal dispute resolution.

(a) (1) The informal dispute resolution hearing is limited to deficiencies cited on a statement of deficiencies.

(2) No other issues may be addressed at an informal dispute resolution hearing, including, but not limited to:

(A) Scope and severity assessments of deficiencies unless the scope and severity assessments allege substandard quality of care or immediate jeopardy;

(B) Any remedies imposed;

(C) Any alleged failure of the survey team to comply with a requirement of the survey process;

(D) Any alleged inconsistency of the survey team in citing deficiencies among facilities; and

(E) Any alleged inadequacy or inaccuracy of the informal dispute resolution process.

(b) If the impartial decision maker finds that matters not subject to informal dispute resolution are presented, the impartial decision maker shall strike all documentary evidence related to or presented for the purpose of disputing the matter not subject to informal dispute resolution.

(c) The impartial decision maker may not include in the determination any matter not subject to informal dispute resolution.