The purpose of this subchapter is to provide for the development, establishment, and enforcement of basic standards for:
The health, care, and treatment of persons in long-term care facilities; and
The construction, maintenance, and operation of these facilities which will ensure safe, adequate, and appropriate care, treatment, and health of persons in the facilities.
History.
Acts 1999, No. 1181, § 1.
Research References
U. Ark. Little Rock L. Rev.
Health Law — The Arkansas Resident's Rights Statute and Civil Enforcement — Cutting Off Its Nose To Spite Its Face: How the Arkansas Resident's Rights Statute Is Defeating Its Purpose of Improving Quality of Care to Nursing Home Residents by Crippling the Nursing Homes Themselves. Health Facilities Management Corp. v. Hughes, 29 U. Ark. Little Rock L. Rev. 597.
Case Notes
Class Certification.
Class certification against nursing homes met Ark. R. Civ. P. 23 predominance because common issues existed as to (1) a duty to provide proper staffing under an admission agreement and § 20-10-1201 et seq., (2) liability under the Arkansas Deceptive Trade Practices Act, § 4-88-101 et seq., and (3) whether statutory and contractual duties were met.
GGNSC Arkadelphia, LLC v. Lamb, 2015 Ark. 253, 465 S.W.3d 826 (2015).
Statute of Limitations.
Based on review of Arkansas law, appellate court held that an Arkansas Long Term Care Resident's Rights Act, § 20-10-1201 et seq., claim, would be subject to a three-year limitations period under § 16-56-105; for this and other reasons, an insurer had no duty to defend an operator of a nursing home, but it had a duty to defend the nursing home owner on all claims in the underlying lawsuit, and that its duty to indemnify the owner extended only to any judgment against it for breach of contract.
Medical Liab. Mut. Ins. Co. v. Alan Curtis LLC, 519 F.3d 466 (8th Cir. 2008).
Cited:
Koch v. Northport Health Servs. of Ark., 361 Ark. 192, 205 S.W.3d 754 (2005); Deaver v. Faucon Props., Inc., 367 Ark. 288, 239 S.W.3d 525 (2006).
Notes of Decisions
Cited in 18
cases (1 in the last 5 years), 2004–2021 · leading case: GGNSC Arkadelphia, LLC v. Lamb, 2015 Ark. 253, 465 S.W.3d 826.
GGNSC Arkadelphia, LLC v. Lamb, 2015 Ark. 253, 465 S.W.3d 826. · cites it 14דFurther, the circuit court found that commonality was established because the central issue affecting both the named plaintiffs and the putative class is whether appellants’ alleged business practice of chronically understaffing the nursing homes breached the standard admission…”
Robinson Nursing & Rehab. Ctr., LLC v. Phillips, 2017 Ark. 162, 519 S.W.3d 291. · cites it 7דWhether failure to meet the minimum staffing requirements required by state and federal laws and regulations breaches the Defendants’ admission agreement, Ark. Code Ann. § 20-10-1201 , et. seq., and the Arkansas Deceptive Trade Practices Act.”
Med. Liab. Mut. Ins. v. Alan Curtis Enter., Inc., 285 S.W.3d 233 (Ark. 2008). · cites it 4דark InnEvergreene Properties of North Carolina (Evergreene) seeking damages based on six causes of action: (1) ordinary negligence; (2) wrongful death based on negligence; (3) negligence as defined by the Arkansas Medical Malpractice Act; (4) wrongful death based on the…”
Courtyard Gardens Health & Rehab., LLC v. Williamson, 2016 Ark. App. 606, 509 S.W.3d 685. · cites it 2דWilliamson alleged that Courtyard had committed negligence, medical malpractice, conspiracy, and violations of the Arkansas Residents’ Rights Act, Ark. Code Ann. §§ 20-10-1201 to-1209 (Repl.”
Beverly Enter. - Arkansas, Inc. v. Thomas, 259 S.W.3d 445 (Ark. 2007). · cites it 2דThe complaint alleged claims of medical malpractice, negligence, breach of contract, and violations of the Arkansas Residents’ Rights Act, codified at Ark. Code Ann. §§ 20-10-1201 to -1209 (Repl.”
Watkins v. Arkansas Elder Outreach of Little Rock, Inc., 420 S.W.3d 477 (Ark. Ct. App. 2012). · cites it 2דIn her next point, appellant argues that the trial court erred in granting summary judgment to Threlkeld because, as administrator of the nursing home, he was not required to provide direct care to Ms. Watkins in order to owe her a duty, and that certain federal and state…”
Lake Vill. Healthcare Ctr., LLC v. Hatchett, 2012 Ark. 223, 407 S.W.3d 521. · cites it 2ד3d 910 (2006), wherein we held that a claim under the Residents’ Rights Statute, codified at Arkansas Code Annotated section 20-10-1201 et seq., can only be maintained against the licensee.”
Smith v. Heather Manor Care Ctr., Inc., 424 S.W.3d 368 (Ark. Ct. App. 2012). · cites it 2דIn addition, the administrators asserted a claim for violation of the Arkansas Long Term Care Statute, Ark.Code Ann. § 20-10-1201 et seq., against Heather Manor.”
Koch v. Northport Health Servs. of Arkansas, LLC, 205 S.W.3d 754 (Ark. 2005). · cites it 2דOn November 7, 2001, the appellant filed a complaint against the appellees, alleging medical malpractice, negligence, wrongful death, and violations of the Arkansas Long Term Care Resident’s Rights Statute, Ark. Code Ann. § 20-10-1201 et seq. (Repl.”
Northport Health Servs., Inc. v. Owens, 158 S.W.3d 164 (Ark. 2004). · cites it 2דThe protection of long-term care facility residents is governed by Act 1181 of 1999, now codified at Ark. Code Ann. §§ 20-10-1201 — 20-10-1209 (Repl.”
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