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AUTHORITY The following rules and regulations for the - Arkansas ...

AUTHORITY The following rules and regulations for the - Arkansas ...

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In order to determine if an alteration would be an undue burden, <strong>the</strong> <strong>following</strong> factors are to be<br />

considered:<br />

1. <strong>The</strong> nature <strong>and</strong> cost of <strong>the</strong> action needed;<br />

2. <strong>The</strong> overall financial resources of <strong>the</strong> site or sites involved in <strong>the</strong> action; <strong>the</strong><br />

number of persons employed at <strong>the</strong> site; <strong>the</strong> effect on expenses <strong>and</strong> resources;<br />

legitimate safety requirements that are necessary <strong>for</strong> safe operation;<br />

3. <strong>The</strong> geographic separateness, <strong>and</strong> <strong>the</strong> administrative or fiscal relationship of <strong>the</strong><br />

site or sites in question to any parent corporation or entity;<br />

4. <strong>The</strong> overall financial resources of any parent corporation or entity; <strong>the</strong> overall size<br />

of <strong>the</strong> parent corporation with respect to <strong>the</strong> number of its employees; <strong>the</strong> number,<br />

type, <strong>and</strong> location of its facilities; <strong>and</strong><br />

5. <strong>The</strong> type of operation or operations of any parent corporation or entity, including<br />

<strong>the</strong> composition, structure, <strong>and</strong> functions of <strong>the</strong> work<strong>for</strong>ce of <strong>the</strong> parent<br />

corporation or entity. 28 CFR 36.104<br />

200 LICENSURE<br />

200.1 No residential long term care 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 />

<strong>Arkansas</strong> Code Annotated § 20-10-201, et. seq. <strong>and</strong> <strong>the</strong>se licensing st<strong>and</strong>ards. All<br />

licenses issued hereunder are non-transferable from one owner/proprietor to<br />

ano<strong>the</strong>r <strong>and</strong> from one site or location to ano<strong>the</strong>r.<br />

200.2 <strong>The</strong>se licensing requirements shall apply to all residential long term care facilities<br />

existing in <strong>the</strong> State of <strong>Arkansas</strong> on or after <strong>the</strong> effective date of <strong>the</strong>se <strong>regulations</strong><br />

except as follows:<br />

a. Any facility which was initially licensed prior to <strong>the</strong> effective date of <strong>the</strong>se<br />

<strong>regulations</strong> shall be deemed to satisfy <strong>the</strong> criteria set <strong>for</strong>th herein <strong>for</strong><br />

purposes of licensure renewal.<br />

b. If a facility changes ownership <strong>and</strong> <strong>the</strong> buyer <strong>and</strong> seller comply with <strong>the</strong><br />

notice provisions set <strong>for</strong>th in Section 204.7 of <strong>the</strong>se <strong>regulations</strong>, a license<br />

shall be issued to <strong>the</strong> buyer upon <strong>the</strong> same terms <strong>and</strong> conditions as would<br />

have been imposed upon <strong>the</strong> seller as though <strong>the</strong> license is being renewed.<br />

c. If a facility initially licensed prior to <strong>the</strong> effective date of <strong>the</strong>se <strong>regulations</strong><br />

is modified, altered or amended, such modification, alteration or<br />

amendment must comply with <strong>the</strong> <strong>rules</strong> <strong>and</strong> <strong>regulations</strong> in effect at <strong>the</strong><br />

time <strong>the</strong> modification, alteration or amendment is completed <strong>and</strong><br />

placed into service.<br />

R. 08/01/07<br />

7

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