rules and regulations for assisted living facilities level ii - Arkansas ...

1000 IMPOSITION OF REMEDIES - AUTHORITY
The following Rules and Regulations for the Imposition of Remedies are duly
adopted and promulgated by the Arkansas Department of Human Services, Office
of Long Term Care, pursuant to the authority conferred by Ark. Code Ann. §20-
10-203 and Ark. Code Ann. §25-10-129.
1001 INSPECTIONS BY DEPARTMENT
a. All areas of the facility that are accessible to residents or are used in the
care or support of residents, including but not limited to kitchen or food
preparation areas, laundry areas, and storage areas, and all resident
records, including but not limited to residents' financial records
maintained by the facility and residents' medical records maintained by the
facility, shall be open for inspection by the Department, the Office of
Long Term Care, or the Office of the Attorney General. All facility
records related to the care or protection of residents and all employee
records related to the care or protection of residents shall be open for
inspection by the Department or OLTC or the Attorney General’s Office
for the purpose of enforcing these regulations and applicable laws. The
facility shall provide access to any copying equipment the facility has on
premises to permit the above-named entities the ability to make copies of
facility records. This shall not be construed as a requirement that a facility
be required to have copy equipment on its premises.
b. The facility shall submit to regular and unannounced inspection surveys
and complaint investigations in order to receive or maintain a license. The
facility shall inform residents of the survey process and residents’ rights
with regard to privacy during the process. Residents or employees may
refuse to be interviewed or photographed. The Department or its agents,
the Office of Long Term Care or its agents or the Attorney General’s
Office or its agents have the right to conduct interviews in a private area
with residents or employees who consent to interviews, and shall be
permitted to photograph the facility. Residents and their apartments shall
be photographed in accordance with Ark. Code Ann. §20-10-104. This
regulation shall not be construed as a waiver of any constitutional rights,
including but not limited to the right against self-incrimination.
c. An inspection may occur at any time, in the discretion of the Department
or its agents, the Office of Long Term Care or its agents or the Attorney
General’s Office or its agents.
d. The facility shall provide for the maintenance and submission of such
statistical, financial or other information, records, or reports related to
resident care or property in such form and at such time and in such manner
as the Department or its agents, the Office of Long Term Care or its agents
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Assisted Living Facilities Level II R. 08/01/11