Little Rock Senior AdvisorWho cannot live in an Arkansas assisted living facility?
Arkansas assisted living may not admit or keep a resident who needs 24-hour nursing care, is bedridden, needs more help to transfer or evacuate in an emergency than the building's staffing can provide, or presents a danger to self or others.
- Needs 24-hour nursing care (except home health-certified care for 60 days with one 30-day extension at Level I)
- Is bedridden
- Needs help to transfer or evacuate that the building's staffing cannot meet
- Presents a danger to self or others
At Level I, a licensed home health agency may provide certified 24-hour nursing for up to 60 days with one 30-day extension, which can bridge a recovery. Level II rules also bar residents with a temporary or terminal condition unless a physician or advanced practice nurse certifies a safe service agreement.
How much notice must an Arkansas assisted living facility give before discharge?
Thirty days' written notice for an involuntary transfer or discharge, unless an immediate move is needed for the resident's welfare, and the notice must explain that an appeal goes to the Office of Long Term Care within seven calendar days.
Seven days is short. If a notice arrives, write down the date it was handed over, ask in writing for the specific reason, and call the regional long-term care ombudsman the same day. Either side may also end the occupancy agreement on 30 calendar days' written notice in ordinary circumstances.
Can we back out after signing an Arkansas assisted living agreement?
Yes: Arkansas rules let a new resident rescind the admission agreement within a 14-day period and receive a refund, which is worth knowing before the first month's rent is paid.
Read the refund terms anyway. The agreement must also state whether the resident will manage his or her own medications, and it must include the general rate and what services it covers. Ask for a copy to take home before signing.
How much notice is required before a rate increase?
At least 30 days' written notice before general rate changes, under the Arkansas assisted living rules.
That rule covers across-the-board increases. Care-level changes after a reassessment can come faster, so ask how often residents are reassessed, who decides the level, and whether the family is shown the assessment before the bill changes.
What happens if a resident's dementia gets worse?
A resident who becomes unable to make decisions may stay only for limited periods under the rules, 90 days at a time and no more than two such periods in any 12 months, and a guardian or health care agent must be in place.
That is why families are told to put a durable health care power of attorney in place early. In practice, worsening dementia usually leads either to an Alzheimer's special care unit or to a nursing home. Ask on the tour what the building did the last time a resident's memory declined.
Side by side
| Arkansas rules give residents | Arkansas rules do not give residents | |
|---|---|---|
| Notice | 30 days' written notice of discharge and of general rate changes | A right to stay once 24-hour nursing is needed |
| Appeal | An appeal to OLTC within 7 calendar days of the notice | An open-ended appeal window |
| Second thoughts | A 14-day rescission period with refund | A refund after that period by default |
| Help | Free advocacy from the long-term care ombudsman | A state-paid lawyer |
Sources: Arkansas Office of Long Term Care assisted living rules, the Health Services Permit Agency's Bed Need Book, Arkansas DHS waiver and PACE fact sheets, CMS, CareScout and VA rate tables, each cited in the text. Our editorial standards explain how we check them.
