The validity of Regulation 1901, Section 4 of the Office of Long Term Care. Whether the above regulation is a proper interpretation of A.C.A. Section 20 -9-201, and if it is a valid classification. Distinguishes between nursing homes and residential home facilities. RESPONSE: Yes, it is valid.

STEVE CLARK HERITAGE WEST BUILDING ATTORNEY GENERAL LITTLE ROCK, ARKANSAS 72201 STATE OF ARKANSAS OFFICE OF THE ATTORNEY GENERAL 201 EAST MARKHAM STREET Opinion No. 86-348 September 22, 1986 Honorable Allen Gordon State Senator 105 South Moose Morrilton, AR 72110 This letter is in response to your request for an Attorney General's Opinion on the validity of Regulation 1901, §4 of the Office of Long Term Care. You ask if this regulation is a proper interpretation of Ark. Stat. Ann. §82-328 and if it is a valid classification. Initially, §82-328 is only a definition section which ori- ginally applied to the Department of Health. The regulation of long-term care facilities was transferred to the Division of Social Services, Office of Long Term Care in 1979 by Ark. Stat. Ann. §82-2208, et seq. “Long Term Care Facility" was defined as a nursing home, boarding home, or other facility which provides long term medical or personal care. Ark. Stat. Ann. §82-2216. A 1985 amendment substituted "resi- dential care facility" for “boarding home'' in this defini- tion. Before this amendment, the term “residential care facility" had not been used as a separate classification. Pursuant to this amendment, the Office of Long Term Care promulgated rules and regulations for the operation of resi- dential care facilities as a separate classification. There were already rules and regulations for the operation of three classes of nursing homes, based on the amount of nurs- ing care and supervision required. ‘Residential Care Facili- ties were created to serve patients who do not need the constant medical attention of nursing home patients and who, for the most part, take care of themselves. This is con- sistent with Ark. Stat. Ann. §82-2217, which requires effective management and coordination of long term care facilities to eliminate overlapping and duplication of efforts. Regulation 1901, §4 prohibits an owner or employer from administering medications. This is only one of several differences between a nursing home and a residential care facility. Regulation 500 states that the residents must be (501) 371-2007 Senator Allen Gordon Page 2 September 22, 1986 independently mobile, able to self-administer medications, and do not require nursing care. If the patient can not meet these criteria, then he should be placed in a nursing home. .Nursing homes, unlike residential care facilities, are required to provide nursing and medical care and are subject to more strict regulations and closer scrutiny for com- pliance. If residential care facilities were allowed to administer medications, a nursing function, then they would, in essence, be functioning as a minimum care nursing home. This may violate the overlapping and duplication of effort prohibitions of §82-2217. In summary, Regulation 1901, §4 is an essential part of the definitional difference between nursing homes and residen- tial care facilities. As such, it is a valid classifi- cation. The foregoing opinion which I hereby approve was prepared by Assistant Attorney General Charles R. Lucus. Attorihey General jsc:CRLide