Arkansas Code Title 20. Public Health and Welfare § 20-10-110. Protection of residents' personal funds

(1) “Agent” means a person who manages, uses, controls, or otherwise has legal access to a resident's income or resources that legally may be used to pay a resident's share of cost or other charges not paid by the Arkansas Medicaid program;

(2) “Long-term care facility” means a nursing home, residential care facility, post-acute head injury retraining and residential care facility, or any other facility that provides long-term medical or personal care;

(3) “Medicaid recipient” means any individual in whose behalf any person claimed or received any payment or payments from the program; and

(4) “Resident” means a person:

(b)(1) No long-term care facility may require a third-party guarantee of payment to the facility as a condition of admission, expedited admission, or continued stay in the facility.

(2) However, a long-term care facility may require an agent who has legal access to a resident's income or resources available to pay for facility care to sign a contract without incurring personal financial liability to provide facility payment from the resident's income or resources.

(f)(1) If a resident or his or her agent disputes the amount of share of cost owed to a long-term care facility, the resident or the agent may apply for a hearing under the rules of the Department of Human Services for a determination of the amount of share of cost owed to the long-term care facility.

(2) The hearing shall be limited to only a determination of the amount of share of cost owed to the long-term care facility and shall not result in a determination that names the person or persons responsible for the payment of that share.