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

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400 LICENSURE<br />

400.1 No Level II <strong>assisted</strong> <strong>living</strong> facility may be established, conducted, or maintained<br />

in <strong>Arkansas</strong> without first obtaining a long term care facility license as required by<br />

Ark. Code Ann. § 20-10-201, et seq., Act 1230 of 2001, <strong>and</strong> these licensing<br />

st<strong>and</strong>ards. All licenses issued hereunder, <strong>and</strong> the beds stated on the license, are<br />

non-transferable from one owner or proprietor to another, or from one site or<br />

location to another. No Level II <strong>assisted</strong> <strong>living</strong> facility may operate with more<br />

beds than is stated in the license, <strong>and</strong> no Level II <strong>assisted</strong> <strong>living</strong> facility may<br />

accept more residents than the number of beds stated on the license. No license<br />

shall be issued without proof of a valid, current Permit of Approval issued by the<br />

Health Services Permit Commission or Health Services Permit Agency.<br />

400.2 The grant of a license <strong>for</strong> a facility as a Level II <strong>assisted</strong> <strong>living</strong> facility shall also<br />

be a grant of licensure as a Level I <strong>assisted</strong> <strong>living</strong> facility. However, separate<br />

licenses shall be issued <strong>for</strong> each, <strong>and</strong> shall reflect the number of beds <strong>for</strong> each as<br />

indicated on the application. Specifically, the issuance of a Level II <strong>assisted</strong><br />

<strong>living</strong> facility license shall be a grant of authority to the facility to operate with<br />

the stated bed capacity set out in the Assisted Living Facility II license <strong>for</strong> the<br />

housing or delivery of services to individuals who are medically eligible <strong>for</strong><br />

nursing home <strong>level</strong> of care or who receive services through the Medicaid 1915 (c)<br />

H&CBS wavier <strong>for</strong> <strong>assisted</strong> <strong>living</strong>. The issuance of a Level I <strong>assisted</strong> <strong>living</strong><br />

facility license shall be a grant of authority to the facility to operate with the<br />

stated bed capacity set out in the Assisted Living Facility I license <strong>for</strong> the housing<br />

or delivery of services to those individuals who are not medically eligible <strong>for</strong><br />

nursing home <strong>level</strong> of care or who do not receive services through the Medicaid<br />

1915 (c) H&CBS Wavier <strong>for</strong> <strong>assisted</strong> <strong>living</strong>. The initial licenses together shall<br />

reflect the total number of beds as set <strong>for</strong>th in the Permit of Approval.<br />

Subsequent licenses issued to the same owner will state the number of beds <strong>for</strong><br />

which the facility has been authorized by the Health Services Permit Commission<br />

or the Health Services Permit Agency at the time of the issuance of the<br />

subsequent license, <strong>and</strong> which are designated <strong>for</strong> the respective Level I <strong>and</strong> Level<br />

II licenses. Licenses issued as a result of a change of ownership shall state the<br />

number of beds <strong>for</strong> which the facility was licensed on the date of sale of the<br />

facility or the date of the sale of ownership of the facility.<br />

400.3 When a facility is licensed as a Level II <strong>assisted</strong> <strong>living</strong> facility, the facility shall<br />

maintain physically distinct parts or wings to house individuals that receive or are<br />

medically eligible <strong>for</strong> the nursing home <strong>level</strong> of care separate <strong>and</strong> apart from<br />

those individuals who do not receive, or are not medically eligible <strong>for</strong> the nursing<br />

home <strong>level</strong> of care. Common areas must meet all requirements <strong>for</strong> a Level II<br />

facility.<br />

However, Level II units may house Level I-<strong>level</strong> of care residents under the<br />

following conditions:<br />

15<br />

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

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