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

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1. Regardless which remedy is applied, or the nature or severity of<br />

the violation, each facility that has deficiencies with respect to<br />

program requirements must submit a plan of correction <strong>for</strong><br />

approval by OLTC. The plan of correction shall be set <strong>for</strong>th on the<br />

Statement of Deficiencies. While a facility may provide a<br />

disclaimer in the plan of correction, the facility is still required to<br />

provide corrective actions to address the cited deficiencies, the<br />

time frames in which the corrective actions will be completed, <strong>and</strong><br />

the manner to be utilized by the facility to monitor the<br />

effectiveness of the corrective action.<br />

2. Failure by the facility to provide an acceptable plan of correction<br />

may result in the imposition of additional remedies pursuant to<br />

these <strong>regulations</strong> at the discretion of the OLTC or in a finding of a<br />

violation <strong>and</strong> imposition of additional remedies set <strong>for</strong>th in Title 20<br />

of the <strong>Arkansas</strong> Code Annotated, or set <strong>for</strong>th in these <strong>regulations</strong>,<br />

or both.<br />

f. Notification requirements<br />

1003 REMEDIES<br />

1. Except in cases of emergency termination of a license or in cases<br />

or emergency removal or transfer or residents, OLTC shall give the<br />

provider notice of the remedy, including:<br />

A. Nature of the noncompliance;<br />

B. Remedy or remedies imposed;<br />

C. Date the remedy begins; <strong>and</strong>,<br />

D. Right to appeal the determination leading to the remedy.<br />

2. Notice shall not be required <strong>for</strong> state monitoring.<br />

a. Available Remedies. In con<strong>for</strong>mity with, <strong>and</strong> in addition to remedies as<br />

set <strong>for</strong>th in Title 20 of the <strong>Arkansas</strong> Code Annotated, the following<br />

remedies are available:<br />

1. Civil Money Penalties (CMP) pursuant to Ark. Code Ann. § 20-10-<br />

205 <strong>and</strong> § 20-10-206.<br />

2. Denial of New Admissions.<br />

3. Directed in-service training.<br />

115<br />

Assisted Living Facilities Level II R. 08/01/11

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