Civil penalties

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  1. (a)

    1. (1) The State of Arkansas and the Attorney General may institute a civil action against any long-term care facility caregiver necessary to enforce any provision of this subchapter.

    2. (2) Notwithstanding any criminal penalties assessed, any caregiver against whom any civil judgment is entered as the result of a civil action brought by the State of Arkansas through the Attorney General on a complaint alleging that caregiver to have abused, neglected, or exploited an endangered person or an impaired person in a long-term care facility certified under Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq., as it existed on January 1, 2005, shall be subject to pay a civil penalty:

      1. (A) Not to exceed ten thousand dollars ($10,000) for each violation judicially found to have occurred; or

      2. (B) Not to exceed fifty thousand dollars ($50,000) for the death of a long-term care facility resident that results from a single violation.

    3. (3)

      1. (A) The Attorney General shall not be precluded from recovering civil penalties under subdivision (a)(2)(A) of this section for the death of a person that results from multiple violations.

      2. (B) However, the Attorney General may not recover civil penalties under both subdivisions (a)(2)(A) and (B) of this section.

  2. (b) In any action brought under this section, the Attorney General shall be required to prove all essential elements of the cause of action, including damages, by a preponderance of the evidence.

  3. (c) Any civil penalty under subdivision (a)(2) of this section shall be paid into the State Treasury and credited to the Arkansas Medicaid Program Trust Fund.

  4. (d) Any caregiver against whom any civil judgment is entered as the result of a civil action under this section by the Attorney General shall be required to pay to the Attorney General all reasonable expenses that the court determines have been necessarily incurred in the enforcement of this subchapter.

  5. (e) A civil action under this section may not be brought more than three (3) years after the date on which the violation of this subchapter is committed.


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