Rules

1. Law
2. Arkansas Code
3. Public Health and Welfare
4. Health and Safety
5. Long-Term Care Facilities and Services
6. Arkansas Options Counseling for Long-Term Care Program
7. Rules

The Secretary of the Department of Human Services shall adopt rules necessary to implement and administer this subchapter, including without limitation:

1. (1) Procedures for a long-term care facility to notify the Office of Long-Term Care of admissions; and

2. (2)

   1. (A) Procedures by which a person in a long-term care facility may decline options counseling for long-term care.

   2. (B)

      1. (i) These procedures shall include a form promulgated by the Department of Human Services for use by a long-term care facility.

      2. (ii) The form shall be limited to one (1) page and shall:

         1. (a) Be orally read to the resident or, if applicable, the resident's representative by long-term care facility staff except as provided in this subdivision (2)(B)(ii);

         2. (b) List the date;

         3. (c) State the name of the resident or, if applicable, the resident's representative;

         4. (d) Contain checkboxes indicating that:

            1. (1) The office was notified of the admission;

            2. (2) The form was not read orally to the resident or resident's representative because the resident lacks decisional capacity and does not have a representative; and

            3. (3) The resident or the resident's representative declined the options counseling for long-term care;

         5. (e) Contain a statement and an acknowledgment that options counseling for long-term care is an optional program and may be declined by execution of the form;

         6. (f) Be signed by the resident or, if applicable, the resident's representative; and

         7. (g) Be retained by the long-term care facility in the resident's admission file for eighteen (18) months or until the next standard survey, whichever is longer.

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