Informal dispute resolution hearing — Conduct.
Ark. Code Ann. § 20-10-1907
in effect(a) Unless the long-term care facility chooses another order of presentation of arguments:
(1)(A) The Department of Human Services shall present the initial arguments at the hearing.
(B) Initial arguments shall be detailed and not limited to a recitation of the statement of deficiencies; and
(2) After the department completes its arguments, the long-term care facility shall present its arguments.
(b)(1) As a matter of fairness to all parties, the impartial decision maker shall determine in conjunction with all parties:
(A) The appropriate time needed for each presentation of information and argument; and
(B) The sequence and appropriate time for each rebuttal argument.
(2) However, the impartial decision maker may grant each party additional equal time for good cause as determined by the impartial decision maker in conjunction with all parties.
(c)(1) Rules of evidence or procedure shall not apply except as provided in this section.
(2) The impartial decision maker may:
(A) Accept any information that the impartial decision maker deems material to the issue being presented; and
(B) Reject any information that the impartial decision maker deems immaterial to the issue being presented.
(d)(1) The hearing may be recorded.
(2) In addition, the impartial decision maker may make written or recorded notes of the arguments.
(e) Employees of the long-term care facility, attending physicians, other medical care providers of residents of the long-term care facility at the time of the deficiency, pharmacists providing medications to residents of the long-term care facility at the time of the deficiency, any consultant utilized by the long-term care facility, and the medical director of the long-term care facility may appear or participate at the hearing for or on the behalf of the long- term care facility.
(f) Only employees of the department may appear or participate at the hearing for or on behalf of the department.
(g) A party may be represented by an attorney.
(h) A person authorized under subsections (e)-(g) of this section to participate in the hearing may present direct questions to an opposing participant during the rebuttal argument.
20-10-1908. Determination of impartial decision maker and Office of Long-Term Care.
(a)(1) The impartial decision maker shall issue a written statement of findings that shall be entitled “Determinations” no later than seven (7) calendar days after the informal dispute resolution hearing.
(2) The statement shall include:
(A) A recitation of the deficiency tag numbers;
(B) A statement of whether a disputed deficiency should remain, be removed, or be modified on the statement of deficiencies; and
(C) The facts and persuasive arguments that support the impartial decision maker's finding for each deficiency tag number.
(b)(1) The determination of the impartial decision maker shall be provided to the parties.
(2)(A) The Office of Long-Term Care shall review the determination and shall issue a written document entitled “State Survey Agency Determination” within seven (7) calendar days after the issuance of the “Determinations” statement required under subsection (a) of this section.
(B) The state survey agency determination shall state:
(i) Whether, for each disputed deficiency mentioned in the impartial decision maker's determination, the finding of the impartial decision maker is accepted, rejected, or accepted as modified by the state survey agency;
(ii) For each deficiency finding by the impartial decision maker that the office does not accept the finding of the impartial decision maker, a statement explaining the reasons that the finding was not accepted along with the facts, circumstances, or reasons for not accepting the finding; and
(iii) For each disputed deficiency finding of the impartial decision maker that the office accepts the finding with modification, a recitation of the modification and the reason or reasons for the modification.
(c) A state survey agency determination is not subject to appeal, reargument, or reconsideration.
(d) The office shall deliver a copy of the state survey agency determination to the long-term care facility and to the impartial decision maker.
(e)(1) In accordance with the state survey agency determination, the office shall issue an amended statement of deficiencies if the state survey agency determination results in modification to any deficiencies cited in the original statement of deficiencies.
(2) If the office determines that amendments to the statement of deficiencies should result in changes to the scope or severity assigned to any deficiency, the amended statement of deficiencies shall reflect the changes to the scope or severity of any cited deficiency.
(f) The amended statement of deficiencies shall be provided to the long-term care facility.
(g) The “Determinations” statement required under subsection (a) of this section and the “State Survey Agency Determination” document required under subdivision (b)(2) of this section shall be provided to the long-term care facility no later than ten (10) days before the deadline for the long- term care facility to request a hearing before an administrative law judge of the United States Department of Health and Human Services Departmental Appeals Board, as outlined in the notice letter issued to the long-term care facility by the Centers for Medicare & Medicaid Services, after the survey that is the basis for the informal dispute resolution hearing.
(h)(1) The Department of Human Services shall compile and make available to all long-term care facilities subject to this section a quarterly report that shall include without limitation and identify by deficiency, scope, and severity rating the number of informal dispute resolutions during the previous quarter that were:
(A) Heard;
(B) Decided in favor of the state agency; and
(C) Decided in favor of the long-term care facility.
(2) The Department of Human Services shall:
(A) Review the reports under subdivision (h)(1) of this section;
(B) Determine what patterns of sustained and overturned deficiencies exist; and
(C) Evaluate the training process to address the identified patterns.
(3) The Department of Human Services shall use the result from the report under subsection (h) of this section to evaluate employee performance and to determine whether individuals or groups of employees need remedial training.
20-10-1909. Matters not subject to informal dispute resolution.
(a) The informal dispute resolution hearing is limited to deficiencies cited on a statement of deficiencies.
(b) If the impartial decision maker finds that matters not subject to informal dispute resolution are presented, the impartial decision maker shall strike all documentary evidence related to or presented for the purpose of disputing the matter not subject to informal dispute resolution.
(c) The impartial decision maker may not include in the determination any matter not subject to informal dispute resolution.
Source: Arkansas General Assembly, Acts of 2021-2026 (arkleg.state.ar.us)URL: https://arkleg.state.ar.us/Acts/FTPDocument?path=%2FACTS%2F2025R%2FPublic%2F&file=864.pdf&ddBienniumSession=2025%2F2025RFetched: 11/8/2026