§ 20-10-1401 — Definitions

As used in this subchapter: (1) "Average Direct Care Hours Per Resident Day" means the total number of hours of direct care services provided by direct care staff in a month, divided by the number of calendar days in that month and the facility's average daily resident census for that month; (2) "Certified nursing facility" means a nursing facility licensed by the Department of Human Services that is certified to participate in the federal Medicare program as a skilled nursing facility or in the Arkansas Medicaid Program as a nursing facility, or both; (3) (A) "Direct care services" means: (i) Nursing and nursing-related services; (ii) Clinical, diagnostic, therapeutic, and rehabilitative services; (iii) Physical, occupational, respiratory, and speech therapy services; (iv) Delegated physician tasks; (v) Behavioral health services; (vi) Care management, care coordination, and care transition activities; (vii) Medication administration; (viii) Assistance with activities of daily living; (ix) Assessment, evaluation, planning, and implementation of care plans; (x) Coordination and consultation with residents' physicians and other healthcare providers; and (xi) Other services and supports provided for nursing facility residents in response to individual resident needs. (B) "Direct care services" does not include food preparation, laundry, housekeeping, and other maintenance of a nursing facility's physical environment; (4) "Direct care staff" means a person who provides any direct care services to a nursing facility resident through interpersonal contact with residents or resident care management, including without limitation: (A) A licensed nurse; (B) A nurse aide; (C) A medication assistant; (D) A physician; (E) A physician assistant; (F) A licensed physical or occupational therapist or licensed therapy assistant; (G) A registered respiratory therapist; (H) A licensed speech-language pathologist; (I) An infection preventionist; and (J) Other licensed or certified healthcare professionals; (5) "Federal direct care data system" means the national online data reporting system operated by the Centers for Medicare & Medicaid Services and used by nursing facilities participating in the federal Medicare program or the Arkansas Medicaid Program, or both, to electronically report detailed and standardized direct care and other staffing information; (6) "Licensed nurse" means any registered nurse, licensed practical nurse, advanced practice registered nurse, or registered nurse practitioner; (7) "Medicare and Medicaid requirements of participation" means the federal requirements established by the Centers for Medicare & Medicaid Services under 42 U.S.C. § 1320a-7j , 42 U.S.C. § 1395i-3 , and 42 U.S.C. § 1396r , as existing on January 1, 2021, that a licensed nursing facility is required to follow to be certified as compliant with and participate in the federal Medicare program as a skilled nursing facility or the Arkansas Medicaid Program as a nursing facility, or both; (8) "Medication assistant" means any medication assistive person who is qualified and certified under § 17-87-704 ; (9) "Nurse aide" means any certified nurse aide or nurse aide in training consistent with federal and state nurse aide proficiency, training, education, and use requirements; (10) "Nursing facility" means any entity licensed as a nursing facility by the department; (11) "Nursing staff" means any licensed nurses, nurse aides, or medication assistants who are employed or contracted by a nursing facility; and (12) "Private pay-only nursing facility" means a nursing facility licensed by the department that is not certified to participate in the federal Medicare program as a skilled nursing facility or in the Arkansas Medicaid Program as a nursing facility.

Legislative History

Amended by Act 2021, No. 715,§ 3, eff. 7/28/2021. Acts 1999, No. 1529, § 1; 2001, No. 1397, § 1; 2005, No. 1411, § 1; 2005, No. 1423, § 5; 2005, No. 2191, § 8.