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

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violation, in accordance with Ark. Code Ann. § 20-10-205 <strong>and</strong> §<br />

20-10-206; or,<br />

7. Has conditions wherein the health, safety, or welfare of resident<br />

are imperiled, <strong>and</strong> no other remedy exists that would ensure the<br />

continued health, safety, or welfare of the residents.<br />

1010 DENIAL OR SUSPENSION OF NEW ADMISSIONS<br />

The Office of Long Term Care may deny to, or suspend the ability of, a facility to<br />

admit new admissions upon the imposition of a Class A violation as defined <strong>and</strong><br />

set <strong>for</strong>th in Ark. Code Ann. § 20-10-205 <strong>and</strong> § 20-10-206.<br />

1011 CIVIL MONEY PENALTIES<br />

The Office of Long Term Care may impose civil money penalties in accordance<br />

with Ark. Code Ann. § 20-10-205 <strong>and</strong> § 20-10-206.<br />

1012 CLOSURE<br />

Any Level II <strong>assisted</strong> <strong>living</strong> facility that closes or ceases operation or surrenders<br />

or fails to timely renew its license must meet the <strong>regulations</strong> then in effect <strong>for</strong> new<br />

construction <strong>and</strong> licensure to be eligible <strong>for</strong> future licensure. Closure of a facility<br />

shall result in the immediate revocation of the license.<br />

A facility that closes or is unable to operate due to natural disaster or similar<br />

circumstances beyond the control of the owner of the facility, or a facility that<br />

closes, regardless of the reason, to effectuate repairs or renovations, may make<br />

written request to the Office of Long Term Care <strong>for</strong> renewal of the facility license<br />

to effect repairs or renovation to the facility. The Office of Long Term Care may,<br />

at its sole discretion, grant the written request.<br />

If the request <strong>for</strong> licensure renewal is granted, the Office of Long Term Care will<br />

provide written notification to the facility, which will include deadlines <strong>for</strong><br />

various stages of the repairs or renovations, including the completion date. In no<br />

event shall the completion date set by the Office of Long Term Care extend<br />

beyond twenty-four months of the date of the request; provided, however, that the<br />

deadlines may be extended by the Office of Long Term Care upon good cause<br />

shown by the facility. For purposes of this regulation, good cause means natural<br />

disasters or similar circumstances, such as extended inclement weather that<br />

prevents repairs or construction within the established deadlines, beyond the<br />

control of the owner of the facility. Good cause shall not include the<br />

unwillingness or inability of the owner of the facility to secure financing <strong>for</strong> the<br />

renovations or repairs. The facility shall comply with all deadlines established by<br />

the Office of Long Term Care in its notice. Failure to comply with the deadlines<br />

established by the Office of Long Term Care shall constitute grounds <strong>for</strong><br />

121<br />

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

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