Arkansas nursing home responsiveness requirements

Federal law sets the floor for every nursing home in the country. Arkansas layers its own licensure rules on top. Below is how the two line up on the duties that depend on somebody answering a phone — each one checked against the official source.

Who regulates nursing homes in Arkansas

Licensure chapter
20 CAR §§ 400-101 to 400-2611 (Code of Ark. Rules tit. 20, ch. X, subch. A, pt. 400) — Part 400. Rules for Nursing Homes
Survey agency
Arkansas Department of Human Services, Division of Provider Services and Quality Assurance (DPSQA)Complaints: 1-800-582-4887Office of Long Term Care (OLTC)
Long-term care ombudsman
501-534-6425(Mandy Mercer, Ombudsman Coordinator, Office of the State Long-Term Care Ombudsman). Arkansas publishes NO statewide toll-free ombudsman number; residents are routed to a regional ombudsman via the county lookup on the program site. State Ombudsman is Charlotte Sudmeyer (charlotte.sudmeyer@dhs.arkansas.gov).
Reporting clock
20 CAR § 400-306(b), (c), (d), (g)Arkansas imposes its own clock on top of the federal 2-hour/24-hour rule. Alleged, suspected, or witnessed abuse, neglect, verbal abuse, sexual abuse, exploitation, misappropriation of resident property, and injurious resident-on-resident altercations must be reported to DHS electronically through the Enterprise Licensing System no later than 11:00 a.m. on the NEXT BUSINESS DAY after facility discovery (Form DMS-7734, plus electronic Form DMS-762). Separately and immediately, suspected abuse or neglect of an adult resident must be reported to the local law enforcement agency where the facility is located (Ark. Code § 5-28-203(b)); for a resident under 18 the report goes to local law enforcement and to DHS central intake. Facility staff who have reasonable cause to suspect abuse or neglect must immediately notify the administrator or designee. Internal-only incidents (attempted resident-on-resident injury without injury, reportable disease, loss of heat/AC/fire alarm over two hours) require a written internal report within five days, reviewed and dated by the administrator within five days, retained on file three years.Hotline: 1-800-582-4887 (DHS/OLTC long-term care complaint and abuse line — OLTC, not APS, handles complaints for residents of LTC facilities). DHS child maltreatment central intake, cited in the rule for residents under 18: 1-800-482-5964. DHS Adult Maltreatment Hotline (community adults): 1-800-482-8049. Facility incident reporting itself goes through the Enterprise Licensing System portal, with questions to IandAReports@dhs.arkansas.gov.

Federal duties and the Arkansas equivalent

Abuse and neglect reporting

Who must be told when something happens, and how fast.

20 CAR § 400-306

Nursing homes must report alleged, suspected, or witnessed abuse, neglect, verbal abuse, sexual abuse, exploitation, misappropriation of resident property, and resident-on-resident physical altercations causing injury to DHS electronically through the Enterprise Licensing System by 11:00 a.m. the next business day after discovery, and must report suspected abuse or neglect of an adult resident immediately to the local law enforcement agency where the facility is located.

The following events shall be reported to the department via ELS no later than 11:00 a.m. on the next business day following discovery by the facility
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Physician availability

Whether a physician has to be reachable around the clock, and who covers when the attending is not available.

Federal 42 CFR § 483.30 F713 F710
20 CAR § 400-1206

The facility is directed to arrange, by written agreement signed by the physician and the administrator, for backup physician coverage when the attending physician cannot be located — Arkansas's counterpart to the federal 24-hour emergency physician availability duty, though it is written in permissive 'should' language rather than 'shall'.

The facility should make arrangements for emergency coverage by a physician if the attending physician or his or her attendant cannot be located.
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20 CAR § 400-405

Every nursing home must have a written policy placing the health care of each resident under the supervision of a physician who prescribes a planned regimen of total care based on a medical evaluation.

The facility shall have a written policy indicating that the health care of every patient is under the supervision of a physician who, based on a medical evaluation of the patient's immediate and long-term needs, prescribes a planned regimen of total care.
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Licensed nurse coverage

Nurse staffing rules, and any duty to respond to telephone calls from the facility.

Federal 42 CFR § 483.35(e) F731
20 CAR § 400-1301

A licensed registered nurse must be employed full time as director of nursing services and normally work the day shift, with RN relief required for the DON's off days in skilled nursing facilities.

A licensed registered nurse shall be employed full time as the director of nursing services and normally work on the day shift.
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20 CAR § 400-1302

A charge nurse (RN, LPN, or licensed psychiatric technician nurse) must be designated for every shift, and the charge nurse's enumerated minimum duties expressly include taking telephone orders from physicians or dentists — the closest Arkansas analog to a licensed-nurse duty to handle physician telephone traffic.

The charge nurse's duties shall include as a minimum: ... (6) Taking phone orders from physicians or dentists;
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20 CAR § 400-1404

Arkansas imposes its own minimum staffing floor on certified nursing facilities of 3.36 average direct care hours per resident day each month, with electronic reporting of actual hours to DHS by the 15th of the following month.

Provide each month direct care services by direct care staff equivalent to at least three and thirty-six hundredths (3.36) average direct care hours per resident day
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Resident telephone access

The resident's right to reach the outside world by phone, privately.

20 CAR § 400-2518(c)

Residents may associate and communicate privately with anyone they choose and may send and receive personal mail unopened, unless the physician documents a medical contraindication in the record; the rule does not separately name telephone access.

Residents may associate or communicate privately with persons of their choice, and may send or receive personal mail unopened, unless medically contraindicated and documented by the physician in the medical record.
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Emergency communication plan

Keeping emergency contact lists current and reachable.

Federal 42 CFR § 483.73(c) E-0029 E-0030 E-0031
20 CAR § 400-305

The administrator must keep current emergency call data posted conspicuously and immediately available to all staff, including fire and police numbers, ambulance, poison control, every employee to be called in a fire or emergency (administrator and DON included), and a physician available to furnish emergency medical care.

The administrator shall be responsible for ensuring that emergency call information is posted in a conspicuous place so as to be immediately available to all personnel of the nursing home.
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20 CAR § 400-304

New-employee orientation must cover the facility's disaster plan; at least 90% of personnel on each shift must be trained quarterly on firefighting equipment, evacuation, and fire/explosion procedures, and disaster drills including tornado drills are to be run semiannually per shift with signed drill records retained.

Disaster drills, including tornado drills, should be conducted semiannually for each shift.
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Resident call system

How a resident summons staff, and where that signal lands.

Federal 42 CFR § 483.90(g) F919
20 CAR § 400-717

Existing nursing home buildings must have a nurses' call system whose call location is identifiable from both the corridor and the nurses' station, plus emergency call stations in every resident bath, toilet, and shower area; wireless systems may substitute if they meet § 400-818.

A nurses' call system comprised of an electric buzzer or light system shall be so designed that the location of a call can be determined from the corridor and nurses' station.
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20 CAR § 400-818

New construction must provide a call button at every bed and an emergency call button at every resident toilet, bath, and shower, with calls registering at the nurses' station and producing a visible signal at the room and an audible signal at the station; wireless systems must additionally cover the entire facility and grounds, display the originating location on staff devices, and escalate unanswered calls to other stations or staff.

Calls shall: (A) Register with the floor staff at the nurses' station; and (B) Activate a visible signal at the patient's room and audible signal at the nursing station.
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Quality assurance

The program that is supposed to catch all of the above.

Federal 42 CFR § 483.75 F865 F867 F868

We have not mapped a distinct Arkansas provision to this federal requirement. The federal rule still applies in Arkansas.

Proving it, rather than assuming it

Every duty above depends on a phone being answered. ResponseProof places scheduled, recorded, AI-scored test calls to the lines that matter in your Arkansas facility and hands you a timestamped record you can put in front of a surveyor.

Start a pilot → See the contact roster program

Citations were verified against the official source and then re-checked by an independent review. Regulations change; confirm the current text before relying on it. This page is orientation, not legal advice.