Arkansas Administrative Code
Agency 049 - Health Services Permit Agency
Rule 049.00.04-005 - HSC Regulation 200M - Residential Care Facility Methodology

1.

2. Review Priorities. Applicants will be approved in the following ranked order:

3. The Commission may exceed "need", when a need exists and is less than ten (10) beds in order to approve one applicant for up to a ten (10) bed facility.

1. a facility has had a "high" occupancy for the previous calendar year. "High" occupancy shall be at least an average of 85% for facilities of ten beds or less, 90% for facilities of 20 beds or less and 95% for facilities over 20 beds. Proof of occupancy will be based upon resident occupancy. Proof of occupancy is derived from the DHS, OLTC occupancy reported at the last two (2) site visits and is averaged with the occupancy reported on the site visit conducted by the HSPA. Occupancy is defined as including any individual for whom the facility has agreed to provide room or board, or services or assistance, regardless of whether they are physically present at the time the occupancy is counted.

Eligible applicants may be approved for a ten bed increase.

a. No Residential Care Facility will be awarded a permit of approval if the existing facility has had more than two (2) Class A or Class B violations pursuant to ACA § 20-10-205 in any inspection within the last 12 months preceding the date the application is placed under review or from the date the application is placed under review until the final decision of the Health Services Permit Commission.

1. The facility may, no later than twenty-four (24) months from April 24, 2002, apply to convert any of the Assisted Living beds originally converted from RCF beds back to RCF beds, subject to the provisions of section (IV)(B), below. Re-conversion from Assisted Living beds back to RCF beds shall not be permitted if applied for more than twenty-four (24) months after the effective date of this regulation. After the 24 month period, facilities that converted RCF beds to ALF beds and wish to reconvert to RCF beds, must apply for a POA. A facility shall have a maximum of six (6) months to complete Residential Care Facility Licensure.

2. Conversion of RCF beds to Assisted Living beds shall not reduce the RCF bed count in the county in which the RCF is or was located at the time of conversion under the population-based methodology for the twenty-four (24) month period set forth in (IV)(A)(1), above. At the expiration of the twenty-four (24) month period set forth in (IV)(A)(1), above, the bed count for the county of which the RCF is or was located at the time of conversion shall be reduced by the number of RCF beds in the county that were converted to Assisted Living beds, and that were not converted back to RCF beds or that have not applied for conversion back, within the twenty- four month period permitted by this regulation.

1. The Assisted Living facility from which the beds will be converted is in compliance with all applicable state laws, and regulations of the Office of Long Term Care. For purposes of this section, compliance includes but is not limited to:

2. The RCF to which the beds will be converted is in compliance with all applicable state laws, and regulations of the Office of Long Term Care, including but not limited to performance of any corrective actions, or payment of any fines or sanctions, imposed against the facility by the Office of Long Term Care prior to the conversion of any or all of the RCF's beds to Assisted Living beds.

2. The entity or facility wishing to return Assisted Living beds to RCF beds must submit a written request to, and receive written approval from, the Agency prior to the conversion.