Ark. Code Ann. § 20-10-213 (2020)

As used in this section and §§ 20-10-214 — 20-10-228:

1. “Department” means the Department of Human Services;
2. “Director” means the Director of the Office of Long-Term Care;
3. “Federal act” means the Hospital Survey and Construction Act, Pub. L. No. 79-725, as amended;
4. 1. 1. “Institution” means a place for the diagnosis, treatment, or care of two (2) or more persons not related to the proprietor’s suffering from illness, injury, or deformity or where obstetrical care or care of the aged, blind, or disabled is rendered over a period exceeding twenty-four (24) hours.
      2. “Institution” also includes an outpatient surgery center and an alcohol and drug abuse treatment center.
   2. No establishment operated by the United States Government or an agency thereof is within this definition;
5. 1. “Long-term care facility” means any building, structure, agency, institution, or other place for the reception, accommodation, board, care, or treatment of more than three (3) unrelated individuals who because of age, illness, blindness, disease, or physical or mental infirmity are unable to sufficiently or properly care for themselves and where a charge is made for that reception, accommodation, board, care, or treatment.
   2. “Long-term care facility” does not include:
      1. The offices of private physicians and surgeons;
      2. Hospitals;
      3. Recuperation centers;
      4. Supervised or supported living apartments, group homes, family homes, or developmental day treatment clinics for individuals with developmental disabilities operated by providers licensed by the Division of Developmental Disabilities Services of the Department of Human Services;
      5. Institutions operated by the United States Government;
      6. Separate living arrangements that do not involve monitoring the activities of the residents while on the premises of the institution or facility to ensure the residents' health, safety, or well-being and that do not involve the institution or facility's being aware of the residents' general whereabouts; or
      7. Hospices;
6. “Medical facility” means a diagnostic or diagnostic and treatment center, a rehabilitation facility, or a nursing home as these terms are defined in the federal act, and any other medical facility for which federal aid may be authorized under federal law;
7. “Office” means the Office of Long-Term Care; and
8. “Surgeon General” means the United States Surgeon General.

History. Acts 1961, No. 414, § 2; 1971, No. 258, § 1; 1975, No. 190, §§ 1, 2; 1977, No. 536, §§ 1, 2; 1985, No. 980, §§ 1, 2; A.S.A. 1947, § 82-328; Acts 1993, No. 909, § 1; 1993, No. 1090, § 2; 1993, No. 1102, § 1; 1997, No. 1028, § 2; 2001, No. 91, § 1; 2001, No. 465, § 1; 2005, No. 2191, § 4; 2017, No. 540, § 38.

A.C.R.C. Notes. Acts 1997, No. 1028, § 1, provided: “Legislative Findings and Intent. It is the intent of this act to provide for the protection, safety and quality of care of elderly and disabled Arkansans by allowing only long-term care facilities that have been licensed, inspected and regulated by the state to operate.”

Amendments. The 2017 amendment repealed (1).

U.S. Code. The Hospital Survey and Construction Act referred to in this section has, for the most part, been eliminated from the United States Code. For remaining provisions, see 48 U.S.C. § 1666 and 42 U.S.C. § 291.