Let’s face it- inspection time is extremely stressful! No matter how much you have prepared or how long you have been in the “industry” when an inspector shows up to your community it can be a nervewracking experience. In the state of Arkansas the ADHS or OLTC can show up anytime they see fit to conduct an inspection of every nook and cranny of the facility. Be prepared, be cordial and be open with inspectors and you will certainly have a much better experience.
1000 IMPOSITION OF REMEDIES – AUTHORITY
The following Rules and Regulations for the Imposition of Remedies are duly adopted and promulgated by the Arkansas Department of Human Services, Office of Long Term Care, pursuant to the authority conferred by Ark. Code Ann. §20- 10-203 and Ark. Code Ann. §25-10-129.
1001 INSPECTIONS BY DEPARTMENT
a. All areas of the facility that are accessible to residents or are used in the care or support of residents, including but not limited to kitchen or food preparation areas, laundry areas, and storage areas, and all resident records, including but not limited to residents’ financial records maintained by the facility and
residents’ medical records maintained by the facility, shall be open for inspection by the Department, the Office of Long Term Care, or the Office of the Attorney General. All facility records related to the care or protection of residents and all employee records related to the care or protection of residents shall be open for inspection by the Department or OLTC or the Attorney General’s Office for the purpose of enforcing these regulations and applicable laws. The facility shall provide access to any copying
equipment the facility has on-premises to permit the above-named entities the ability to make copies of facility records. This shall not be construed as a requirement that a facility is required to have copy equipment on its premises.
b. The facility shall submit regular and unannounced inspection surveys and complaint investigations in order to receive or maintain a license. The facility shall inform residents of the survey process and residents’ rights with regard to privacy during the process. Residents or employees may refuse to be interviewed or photographed. The Department or its agents, the Office of Long Term Care or its agents or the Attorney General’s Office or its agents have the right to conduct interviews in a private area with
residents or employees who consent to interviews and shall be permitted to photograph the facility. Residents and their apartments shall be photographed in accordance with Ark. Code Ann. §20-10-104. This regulation shall not be construed as a waiver of any constitutional rights, including but not limited to the right against self-incrimination.
c. An inspection may occur at any time, at the discretion of the Department or its agents, the Office of Long Term Care or its agents or the Attorney General’s Office or its agents.
d. The facility shall provide for the maintenance and submission of such statistical, financial or other information, records, or reports related to resident care or property in such form and at such time and in such manner as the Department or its agents, the Office of Long Term Care or its agents may require. Provided, however, that records created by, or for the exclusive use of, the quality assessment unit shall not be subject to release to the Department or its agents, or the Office of Long Term Care or its agents.
e. Facilities must provide a written acceptable plan of correction within 15 working days of receipt of written notification of deficiencies (also referred to as a Statement of Deficiencies) found during routine inspections or surveys, special visits, or complaint investigations. The OLTC shall determine whether the proposed plan of correction, including any proposed dates by which correction will be made, is acceptable.
f. The facility must post the Statement of Deficiencies and the facility’s response and the outcome of the response from the latest survey in a public area utilized by residents or their responsible parties and visitors. A copy shall be provided to each resident or resident’s responsible party upon request of the resident or the resident’s responsible party. The last twelve (12) months of deficiency notices and facility responses and outcomes of responses, for all surveys shall be provided to persons or their responsible parties upon request when they apply for residence in the facility.