Notice of violation

  1. Law
  2. Arkansas Code
  3. Public Health and Welfare
  4. Health and Safety
  5. Long-Term Care Facilities and Services
  6. Office of Long-Term Care
  7. Notice of violation

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  1. (a) If upon inspection or investigation the Office of Long-Term Care determines that a licensed long-term care facility is in violation of any federal or state law, rule, or regulation pertaining to Title XIX Medicaid certification or licensure, the office shall promptly serve by certified mail or other means that gives actual notice, a notice of violation upon the licensee when the violation is a classified violation as described in § 20-10-205.

  2. (b) Each notice of violation shall:

    1. (1) Be prepared in writing;

    2. (2) Specify the:

      1. (A) Exact nature of the classified violation;

      2. (B) Statutory provision or specific rule alleged to have been violated;

      3. (C) Facts and grounds constituting the elements of the classified violation; and

      4. (D) Amount of civil penalty or other administrative remedy, if any, imposed by the Secretary of the Department of Human Services; and

    3. (3)

      1. (A) Inform the licensee of the right to a hearing under § 20-10-208 when administrative remedies or civil penalties are imposed.

      2. (B) Any hearing conducted under this chapter shall conform to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., and rules of the Department of Human Services promulgated under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.


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