AUTHORITY The following rules and regulations for the - Arkansas ...
AUTHORITY The following rules and regulations for the - Arkansas ...
AUTHORITY The following rules and regulations for the - Arkansas ...
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204 APPLICATION, EXPIRATION AND RENEWAL OF LICENSE<br />
204.1 <strong>The</strong> Department shall furnish <strong>the</strong> applicant or <strong>the</strong> licensee with <strong>the</strong> necessary<br />
<strong>for</strong>ms to obtain initial or renewed licensure or to request relicensure of <strong>the</strong> facility<br />
after a change of ownership (see Section 204.7 below <strong>and</strong> Section 205). <strong>The</strong><br />
issuance of an application <strong>for</strong>m is in no way a guarantee that <strong>the</strong> completed<br />
application will be acceptable or that a license will be issued by <strong>the</strong> Department.<br />
A determination of licensure will be made by <strong>the</strong> Department within 30 days of<br />
receipt of <strong>the</strong> completed application.<br />
204.2 <strong>The</strong> facility shall not admit any residents until <strong>the</strong> license to operate a residential<br />
long term care facility has been issued.<br />
204.3 Applicants <strong>for</strong> initial license, renewal or relicensure after a change in ownership,<br />
shall pay in advance, a license fee of $5.00 per bed, which shall be paid to <strong>the</strong><br />
Department. Such fee shall be refunded to <strong>the</strong> applicant if a license is denied.<br />
204.4 Annual renewal is required <strong>for</strong> all residential long term care facility licenses.<br />
Licenses are effective on <strong>the</strong> state fiscal year (July 1 through June 30) basis <strong>and</strong><br />
expire on June 30th of each year.<br />
204.5 Applications <strong>for</strong> annual license renewal shall be delivered, or if mailed,<br />
postmarked to <strong>the</strong> Office of Long Term Care no later than June 1st be<strong>for</strong>e <strong>the</strong><br />
June 30th expiration of <strong>the</strong> license. Any license fee not paid when due is subject<br />
to a ten percent (10%) penalty.<br />
204.6 Applications shall be signed by <strong>the</strong> administrator or owner of <strong>the</strong> facility.<br />
204.7 When a change in ownership of controlling interest in <strong>the</strong> facility is sold by<br />
person or persons named in <strong>the</strong> license to any o<strong>the</strong>r person or persons <strong>the</strong> existing<br />
license <strong>and</strong> <strong>the</strong> new owner shall, at least 30 days prior to completion of <strong>the</strong> sale,<br />
submit a new application <strong>and</strong> license fee, be inspected <strong>and</strong> meet <strong>the</strong> applicable<br />
st<strong>and</strong>ards <strong>and</strong> <strong>regulations</strong>. Such change in ownership shall be reported by <strong>the</strong><br />
seller in writing to <strong>the</strong> Office of Long Term Care at least thirty (30) days be<strong>for</strong>e<br />
<strong>the</strong> change is to be implemented. <strong>The</strong> buyer shall be subject to any plan of<br />
correction submitted by <strong>the</strong> licensee <strong>and</strong> approved by <strong>the</strong> Department. <strong>The</strong> seller<br />
shall remain liable <strong>for</strong> all penalties assessed against <strong>the</strong> facility which are imposed<br />
<strong>for</strong> violations or deficiencies occurring prior to <strong>the</strong> sale of ownership or<br />
operational control. <strong>The</strong> Department shall consider <strong>and</strong> may deny a license based<br />
upon any criteria provided <strong>for</strong> at <strong>Arkansas</strong> Code Annotated § 20-10-224(f)(1).<br />
204.8 <strong>The</strong> applicant/licensee must furnish <strong>the</strong> <strong>following</strong> in<strong>for</strong>mation:<br />
a. <strong>The</strong> identity of each person having (directly or indirectly) an ownership<br />
interest of five percent (5%) or more in <strong>the</strong> facility;<br />
b. <strong>The</strong> full name <strong>and</strong> address of <strong>the</strong> residential long term care facility <strong>for</strong><br />
which license is requested, <strong>and</strong> such additional in<strong>for</strong>mation as <strong>the</strong><br />
Department may require, including affirmative evidence of ability to<br />
comply with such reasonable st<strong>and</strong>ards, <strong>rules</strong> <strong>and</strong> <strong>regulations</strong> as are<br />
lawfully prescribed hereunder;<br />
R. 08/01/07<br />
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