Classification of violations

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. Classification of violations

1. (a) The Office of Long-Term Care shall promulgate rules specifying classified violations in accordance with this section.

2. (b) The notice of violation issued to a long-term care facility by the Director of the Office of Long-Term Care shall be classified according to the nature of the violation and shall indicate the classification on the face of the notice as follows:

   1. (1) Class A violations create a condition or occurrence relating to the operation and maintenance of a long-term care facility resulting in death or serious physical harm to a resident or creating a substantial probability that death or serious physical harm to a resident will result therefrom;

   2. (2) Class B violations create a condition or occurrence relating to the operation and maintenance of a long-term care facility which directly threatens the health, safety, or welfare of a resident;

   3. (3) Class C violations shall relate to administrative and reporting requirements that do not directly threaten the health, safety, or welfare of a resident; and

   4. (4)

      1. (A) Class D violations shall relate to the timely submission of statistical and financial reports to the office.

      2. (B) The failure to timely submit a statistical or financial report shall be considered a separate Class D violation during any month or part of a month of noncompliance.

      3. (C) In addition to any civil penalty which may be imposed, the director is authorized, after the first month of a Class D violation, to withhold any further reimbursement to the long-term care facility until the statistical and financial report is received by the office.

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