(a) (1) A long-term care facility shall allow compassionate care visitation as needed by the resident to alleviate physical or mental distress. (2) Personal contact in person with a resident is permitted during a compassionate care visitation if the long-term care facility protocol is followed. (3) A long-term care facility shall adopt a protocol for personal contact in person that adheres to appropriate infection prevention guidelines disseminated by the Centers for Disease Control and Prevention or the Centers for Medicare & Medicaid Services. (b) A long-term care facility shall work with residents, families, caregivers, resident representatives, and medical providers, and may include the ombudsman program under § 20-10-602 to identify the need for compassionate care visitation, using a person-centered approach that takes the residents' requests into account. (c) (1) A long-term care facility shall ensure that decisions regarding end-of-life care are made by a resident with capacity or by the representative of a resident without capacity, as provided in the Arkansas Healthcare Decisions Act, § 20-6-101 et seq. (2) Within the scope of visitation provided by this section, a long-term care facility shall permit a resident making decisions regarding end-of-life care to be accompanied by a family member, guardian, or support person designated by the resident, unless the resident declines or requests to have the discussion outside of the presence of a family member, guardian, or support person. (d) (1) Compassionate care visitation shall continue even if the infection rate in the county in which the long-term care facility is located is high. (2) However, a long-term care facility shall identify one (1) or more ways to allow a compassionate care visitation, including personal contact, that minimize the risk of infection to the resident and other residents in the long-term care facility. (3) (A) In a long-term care facility with no new onset of coronavirus 2019 (COVID-19) in the last fourteen (14) days and in counties with coronavirus 2019 (COVID-19) positivity rates that are less than ten percent (10%), a long-term care facility shall accommodate and support indoor visitation for reasons beyond compassionate care visitation. (B) A long-term care facility may limit: (i) The number of visitors per resident at one (1) time based on the size of the building and physical space; and (ii) Movement in the long-term care facility, such as requiring the visitor to go directly to the resident's room or designated visitation area. (C) Visits for residents who share a room shall not be conducted in a resident's room, unless the health status of the resident prevents leaving the room. (e) Healthcare workers who are not employees of the long-term care facility but provide direct care to a resident in the long-term care facility, such as hospice workers, emergency medical services personnel, dialysis technicians, laboratory technicians, radiology technicians, and social workers, shall be permitted into the long-term care facility if proper infection control protocols are followed. (f) A long-term care facility that fails to facilitate compassionate care visitation without adequate justification related to clinical necessity or resident safety may be in violation of 42 C.F.R. § 483.10(f)(4) , as it existed on January 1, 2021. (g) To the extent permitted by state and federal law, the appropriate state agency or licensing board shall investigate and may penalize a long-term care facility's failure to comply with this section. Added by Act 2021, No. 311,§ 1, eff. 3/10/2021. (a) (1) A long-term care facility shall allow compassionate care visitation as needed by the resident to alleviate physical or mental distress. (2) Personal contact in person with a resident is permitted during a compassionate care visitation if the long-term care facility protocol is followed. (3) A long-term care facility shall adopt a protocol for personal contact in person that adheres to appropriate infection prevention guidelines disseminated by the Centers for Disease Control and Prevention or the Centers for Medicare & Medicaid Services. (b) A long-term care facility shall work with residents, families, caregivers, resident representatives, and medical providers, and may include the ombudsman program under § 20-10-602 to identify the need for compassionate care visitation, using a person-centered approach that takes the residents' requests into account. (c) (1) A long-term care facility shall ensure that decisions regarding end-of-life care are made by a resident with capacity or by the representative of a resident without capacity, as provided in the Arkansas Healthcare Decisions Act, § 20-6-101 et seq. (2) Within the scope of visitation provided by this section, a long-term care facility shall permit a resident making decisions regarding end-of-life care to be accompanied by a family member, guardian, or support person designated by the resident, unless the resident declines or requests to have the discussion outside of the presence of a family member, guardian, or support person. (d) (1) Compassionate care visitation shall continue even if the infection rate in the county in which the long-term care facility is located is high. (2) However, a long-term care facility shall identify one (1) or more ways to allow a compassionate care visitation, including personal contact, that minimize the risk of infection to the resident and other residents in the long-term care facility. (3) (A) In a long-term care facility with no new onset of coronavirus 2019 (COVID-19) in the last fourteen (14) days and in counties with coronavirus 2019 (COVID-19) positivity rates that are less than ten percent (10%), a long-term care facility shall accommodate and support indoor visitation for reasons beyond compassionate care visitation. (B) A long-term care facility may limit: (i) The number of visitors per resident at one (1) time based on the size of the building and physical space; and (ii) Movement in the long-term care facility, such as requiring the visitor to go directly to the resident's room or designated visitation area. (C) Visits for residents who share a room shall not be conducted in a resident's room, unless the health status of the resident prevents leaving the room. (e) Healthcare workers who are not employees of the long-term care facility but provide direct care to a resident in the long-term care facility, such as hospice workers, emergency medical services personnel, dialysis technicians, laboratory technicians, radiology technicians, and social workers, shall be permitted into the long-term care facility if proper infection control protocols are followed. (f) A long-term care facility that fails to facilitate compassionate care visitation without adequate justification related to clinical necessity or resident safety may be in violation of 42 C.F.R. § 483.10(f)(4) , as it existed on January 1, 2021. (g) To the extent permitted by state and federal law, the appropriate state agency or licensing board shall investigate and may penalize a long-term care facility's failure to comply with this section. Added by Act 2021, No. 311,§ 1, eff. 3/10/2021. (a) (1) A long-term care facility shall allow compassionate care visitation as needed by the resident to alleviate physical or mental distress. (2) Personal contact in person with a resident is permitted during a compassionate care visitation if the long-term care facility protocol is followed. (3) A long-term care facility shall adopt a protocol for personal contact in person that adheres to appropriate infection prevention guidelines disseminated by the Centers for Disease Control and Prevention or the Centers for Medicare & Medicaid Services. (b) A long-term care facility shall work with residents, families, caregivers, resident representatives, and medical providers, and may include the ombudsman program under § 20-10-602 to identify the need for compassionate care visitation, using a person-centered approach that takes the residents' requests into account. (c) (1) A long-term care facility shall ensure that decisions regarding end-of-life care are made by a resident with capacity or by the representative of a resident without capacity, as provided in the Arkansas Healthcare Decisions Act, § 20-6-101 et seq. (2) Within the scope of visitation provided by this section, a long-term care facility shall permit a resident making decisions regarding end-of-life care to be accompanied by a family member, guardian, or support person designated by the resident, unless the resident declines or requests to have the discussion outside of the presence of a family member, guardian, or support person. (d) (1) Compassionate care visitation shall continue even if the infection rate in the county in which the long-term care facility is located is high. (2) However, a long-term care facility shall identify one (1) or more ways to allow a compassionate care visitation, including personal contact, that minimize the risk of infection to the resident and other residents in the long-term care facility. (3) (A) In a long-term care facility with no new onset of coronavirus 2019 (COVID-19) in the last fourteen (14) days and in counties with coronavirus 2019 (COVID-19) positivity rates that are less than ten percent (10%), a long-term care facility shall accommodate and support indoor visitation for reasons beyond compassionate care visitation. (B) A long-term care facility may limit: (i) The number of visitors per resident at one (1) time based on the size of the building and physical space; and (ii) Movement in the long-term care facility, such as requiring the visitor to go directly to the resident's room or designated visitation area. (C) Visits for residents who share a room shall not be conducted in a resident's room, unless the health status of the resident prevents leaving the room. (e) Healthcare workers who are not employees of the long-term care facility but provide direct care to a resident in the long-term care facility, such as hospice workers, emergency medical services personnel, dialysis technicians, laboratory technicians, radiology technicians, and social workers, shall be permitted into the long-term care facility if proper infection control protocols are followed. (f) A long-term care facility that fails to facilitate compassionate care visitation without adequate justification related to clinical necessity or resident safety may be in violation of 42 C.F.R. § 483.10(f)(4) , as it existed on January 1, 2021. (g) To the extent permitted by state and federal law, the appropriate state agency or licensing board shall investigate and may penalize a long-term care facility's failure to comply with this section. Added by Act 2021, No. 311,§ 1, eff. 3/10/2021. (a) (1) A long-term care facility shall allow compassionate care visitation as needed by the resident to alleviate physical or mental distress. (2) Personal contact in person with a resident is permitted during a compassionate care visitation if the long-term care facility protocol is followed. (3) A long-term care facility shall adopt a protocol for personal contact in person that adheres to appropriate infection prevention guidelines disseminated by the Centers for Disease Control and Prevention or the Centers for Medicare & Medicaid Services. (1) A long-term care facility shall allow compassionate care visitation as needed by the resident to alleviate physical or mental distress. (2) Personal contact in person with a resident is permitted during a compassionate care visitation if the long-term care facility protocol is followed. (3) A long-term care facility shall adopt a protocol for personal contact in person that adheres to appropriate infection prevention guidelines disseminated by the Centers for Disease Control and Prevention or the Centers for Medicare & Medicaid Services. (b) A long-term care facility shall work with residents, families, caregivers, resident representatives, and medical providers, and may include the ombudsman program under § 20-10-602 to identify the need for compassionate care visitation, using a person-centered approach that takes the residents' requests into account. (c) (1) A long-term care facility shall ensure that decisions regarding end-of-life care are made by a resident with capacity or by the representative of a resident without capacity, as provided in the Arkansas Healthcare Decisions Act, § 20-6-101 et seq. (2) Within the scope of visitation provided by this section, a long-term care facility shall permit a resident making decisions regarding end-of-life care to be accompanied by a family member, guardian, or support person designated by the resident, unless the resident declines or requests to have the discussion outside of the presence of a family member, guardian, or support person. (1) A long-term care facility shall ensure that decisions regarding end-of-life care are made by a resident with capacity or by the representative of a resident without capacity, as provided in the Arkansas Healthcare Decisions Act, § 20-6-101 et seq. (2) Within the scope of visitation provided by this section, a long-term care facility shall permit a resident making decisions regarding end-of-life care to be accompanied by a family member, guardian, or support person designated by the resident, unless the resident declines or requests to have the discussion outside of the presence of a family member, guardian, or support person. (d) (1) Compassionate care visitation shall continue even if the infection rate in the county in which the long-term care facility is located is high. (2) However, a long-term care facility shall identify one (1) or more ways to allow a compassionate care visitation, including personal contact, that minimize the risk of infection to the resident and other residents in the long-term care facility. (3) (A) In a long-term care facility with no new onset of coronavirus 2019 (COVID-19) in the last fourteen (14) days and in counties with coronavirus 2019 (COVID-19) positivity rates that are less than ten percent (10%), a long-term care facility shall accommodate and support indoor visitation for reasons beyond compassionate care visitation. (B) A long-term care facility may limit: (i) The number of visitors per resident at one (1) time based on the size of the building and physical space; and (ii) Movement in the long-term care facility, such as requiring the visitor to go directly to the resident's room or designated visitation area. (C) Visits for residents who share a room shall not be conducted in a resident's room, unless the health status of the resident prevents leaving the room. (1) Compassionate care visitation shall continue even if the infection rate in the county in which the long-term care facility is located is high. (2) However, a long-term care facility shall identify one (1) or more ways to allow a compassionate care visitation, including personal contact, that minimize the risk of infection to the resident and other residents in the long-term care facility. (3) (A) In a long-term care facility with no new onset of coronavirus 2019 (COVID-19) in the last fourteen (14) days and in counties with coronavirus 2019 (COVID-19) positivity rates that are less than ten percent (10%), a long-term care facility shall accommodate and support indoor visitation for reasons beyond compassionate care visitation. (B) A long-term care facility may limit: (i) The number of visitors per resident at one (1) time based on the size of the building and physical space; and (ii) Movement in the long-term care facility, such as requiring the visitor to go directly to the resident's room or designated visitation area. (C) Visits for residents who share a room shall not be conducted in a resident's room, unless the health status of the resident prevents leaving the room. (A) In a long-term care facility with no new onset of coronavirus 2019 (COVID-19) in the last fourteen (14) days and in counties with coronavirus 2019 (COVID-19) positivity rates that are less than ten percent (10%), a long-term care facility shall accommodate and support indoor visitation for reasons beyond compassionate care visitation. (B) A long-term care facility may limit: (i) The number of visitors per resident at one (1) time based on the size of the building and physical space; and (ii) Movement in the long-term care facility, such as requiring the visitor to go directly to the resident's room or designated visitation area. (i) The number of visitors per resident at one (1) time based on the size of the building and physical space; and (ii) Movement in the long-term care facility, such as requiring the visitor to go directly to the resident's room or designated visitation area. (C) Visits for residents who share a room shall not be conducted in a resident's room, unless the health status of the resident prevents leaving the room. (e) Healthcare workers who are not employees of the long-term care facility but provide direct care to a resident in the long-term care facility, such as hospice workers, emergency medical services personnel, dialysis technicians, laboratory technicians, radiology technicians, and social workers, shall be permitted into the long-term care facility if proper infection control protocols are followed. (f) A long-term care facility that fails to facilitate compassionate care visitation without adequate justification related to clinical necessity or resident safety may be in violation of 42 C.F.R. § 483.10(f)(4) , as it existed on January 1, 2021. (g) To the extent permitted by state and federal law, the appropriate state agency or licensing board shall investigate and may penalize a long-term care facility's failure to comply with this section.
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