Informal dispute resolution hearing — Conduct

1. Law
2. Arkansas Code
3. Public Health and Welfare
4. Health and Safety
5. Long-Term Care Facilities and Services
6. Dispute Resolution for Long-Term Care Facilities
7. Informal dispute resolution hearing — Conduct

1. (a) Unless the long-term care facility chooses another order of presentation of arguments:

   1. (1) The Office of Long-Term Care shall present the initial arguments at the hearing; and

   2. (2) After the office completes its arguments, the long-term care facility shall present its arguments.

2. (b)

   1. (1) As a matter of fairness to all parties, the impartial decision maker shall determine in conjunction with all parties:

      1. (A) The appropriate time needed for each presentation of information and argument; and

      2. (B) The sequence and appropriate time for each rebuttal argument.

   2. (2) However, the impartial decision maker may grant each party additional equal time for good cause as determined by the impartial decision maker in conjunction with all parties.

3. (c)

   1. (1) Rules of evidence or procedure shall not apply except as provided in this section.

   2. (2) The impartial decision maker may:

      1. (A) Accept any information that the impartial decision maker deems material to the issue being presented; and

      2. (B) Reject any information that the impartial decision maker deems immaterial to the issue being presented.

4. (d)

   1. (1) The hearing may not be recorded.

   2. (2) However, the impartial decision maker may make written or recorded notes of the arguments.

5. (e) Only employees of the long-term care facility, attending physicians of residents of the long-term care facility at the time of the deficiency, pharmacists providing medications to residents of the long-term care facility at the time of the deficiency, and consultant pharmacists or nurse consultants utilized by the long-term care facility or by the medical director of the long-term care facility may appear or participate at the hearing for or on the behalf of the long-term care facility.

6. (f) Only employees of the office may appear or participate at the hearing for or on behalf of the office.

7. (g) A person authorized under subsection (e) or subsection (f) of this section to participate in the hearing may present direct questions to an opposing participant during the rebuttal argument.

8. (h)

   1. (1) Within fourteen (14) days of a final decision concerning the issues presented in the hearing and any related matters, the Department of Health shall provide the parties with a report concerning the hearing, all decisions made on the basis of the hearing, and any related matters.

   2. (2) The report required under subdivision (h)(1) of this section shall include without limitation:

      1. (A) Information concerning any change to the disputed deficiency; and

      2. (B) A listing of each specific item of the deficiency and all changes made to the deficiency.

         1. (i) (1) The Department of Human Services shall compile and make available to all long-term care facilities subject to this section a quarterly report that shall include without limitation the number of informal dispute resolutions during the previous quarter that were:

      3. (C) Decided in favor of the long-term care facility.

(A) Heard;

(B) Decided in favor of the state agency; and

(2) The office shall review the reports under subdivision (i)(1) of this section and shall:

(A) Determine what patterns of sustained and overturned deficiencies exist; and

(B) Evaluate the training process to address the identified patterns.

(j) A party shall not be represented by an attorney.

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