Skip to main content
Find a Lawyer

Arkansas Code Title 20. Public Health and Welfare § 20-10-1804. Penalties

Current as of March 28, 2024 | Updated by Findlaw Staff

(a)(1) If a nursing facility or nursing home fails to comply with this subchapter, the following penalties may be applied to the facility:

(A) A fine not to exceed five thousand dollars ($5,000) may be assessed by the Department of Human Services for each month in which the facility fails to comply with any provision of this subchapter;

(B)(i) A fine not to exceed ten thousand dollars ($10,000) may be assessed by the department for each calendar day during which a facility lacks electrical power if the outage continues for more than eight (8) consecutive hours.

(ii) However, the fine may be imposed if the facility fails to provide emergency power for life-sustaining equipment or life-support equipment and to exit lighting immediately upon loss of normal or regular power supplies;

(C) In addition to any fine or other penalty, the facility may be prohibited from admitting new residents until the facility is in compliance with the requirements of this subchapter, as determined by the department; and

(D) A fine not to exceed ten thousand dollars ($10,000) may be assessed by the department for each new admission that occurs during a period in which new admissions are prohibited.

(2) Appeals from the imposition of any monetary penalty under this subchapter shall be made pursuant to § 20-10-208.

(3) Appeals from the imposition of a denial of new admissions under this subchapter shall be made pursuant to § 20-10-303 [repealed].

(b) Penalties allowed under this subchapter may be waived by the department for any existing facility that is scheduled to be replaced by a new facility that is under construction as of June 1, 2002.

(c) Penalties under this subchapter shall be waived when the generator is rendered inoperable due to natural disaster or other conditions beyond the control or authority of the facility and when the facility has taken reasonable actions to ensure the operation of the generator.

Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - Arkansas Code Title 20. Public Health and Welfare § 20-10-1804. Penalties - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-20-public-health-and-welfare/ar-code-sect-20-10-1804/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard