Determination of impartial decision maker and Office of Long-Term Care

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. Determination of impartial decision maker and Office of Long-Term Care

1. (a)

   1. (1) Upon the conclusion of all arguments by the parties, the impartial decision maker shall issue a written statement of findings that shall be entitled “Determinations”.

   2. (2) The statement shall include:

      1. (A) A recitation of the deficiency tag numbers;

      2. (B) A statement of whether a disputed deficiency should remain, be removed, or be modified on the statement of deficiencies; and

      3. (C) The facts and persuasive arguments that support the impartial decision maker's finding for each deficiency tag number.

2. (b)

   1. (1) The determination of the impartial decision maker shall be provided to the parties.

   2. (2)

      1. (A) The Office of Long-Term Care shall review the determination and shall issue a written document entitled “State Survey Agency Determination”.

      2. (B) The state survey agency determination shall state:

         1. (i) Whether, for each disputed deficiency mentioned in the impartial decision maker's determination, the finding of the impartial decision maker is accepted, rejected, or accepted as modified by the state survey agency;

         2. (ii) For each deficiency finding by the impartial decision maker that the office does not accept the finding of the impartial decision maker, a statement explaining the reasons that the finding was not accepted along with the facts, circumstances, or reasons for not accepting the finding; and

         3. (iii) For each disputed deficiency finding of the impartial decision maker that the office accepts the finding with modification, a recitation of the modification and the reason or reasons for the modification.

3. (c) A state survey agency determination is not subject to appeal, reargument, or reconsideration.

4. (d) The office shall deliver a copy of the state survey agency determination to the long-term care facility and to the impartial decision maker.

5. (e)

   1. (1) In accordance with the state survey agency determination, the office shall issue an amended state of deficiencies if the state survey agency determination results in modification to any deficiencies cited in the original statement of deficiencies.

   2. (2) If the office determines that amendments to the statement of deficiencies should result in changes to the scope or severity assigned to any deficiency, the amended statement of deficiencies shall reflect the changes to the scope or severity of any cited deficiency.

6. (f) The amended statement of deficiencies shall be provided to the long-term care facility.

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