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

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4. Not currently serve or, within the past 2 years, have served, unless<br />

approval has been obtained from the OLTC, as a member of the<br />

staff of the facility;<br />

5. Successfully undergo a criminal record check pursuant to the Rules<br />

<strong>and</strong> Regulations of the Office of Long Term Care.<br />

c. Payment of salary. The temporary administrator's salary:<br />

1. Is paid directly by the facility while the temporary administrator is<br />

assigned to that facility; <strong>and</strong><br />

2. Must be at least equivalent to the sum of the following:<br />

A. The prevailing salary paid by providers <strong>for</strong> positions of this<br />

type in what OLTC considers the facility's geographic area;<br />

B. Additional costs that would have reasonably been incurred<br />

by the provider if such person had been in an employment<br />

relationship; <strong>and</strong><br />

C. Any other costs incurred by such a person in furnishing<br />

services under such an arrangement or as otherwise set by<br />

OLTC.<br />

3. May exceed the amount specified in Section 1005(c)(2) if OLTC is<br />

otherwise unable to attract a qualified temporary administrator.<br />

d. Failure to relinquish authority to temporary administrator:<br />

1. Termination of <strong>assisted</strong> <strong>living</strong> facility licensure. If a facility fails to<br />

relinquish authority to the temporary administrator, OLTC may<br />

impose additional remedies, including but not limited to<br />

termination of the Level II <strong>assisted</strong> <strong>living</strong> facility license.<br />

2. Failure to pay salary of temporary administrator. A facility's<br />

failure to pay the salary of the temporary administrator is<br />

considered a failure to relinquish authority to temporary<br />

administration.<br />

3. When imposed. The remedy of temporary administrator shall be<br />

used in only lieu of termination of the facility license. Provided,<br />

however, that if the appointment of the temporary administrator<br />

does not result in compliance by the facility within the time frames<br />

estimated by the temporary manager <strong>and</strong> agreed to by the Office of<br />

117<br />

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

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