Ark. Code Ann. § 20-10-112: Results of a survey, inspection, or investigation prohibited in advertisements

(a) Except as otherwise provided in this section, the results of a survey, inspection, or investigation of a long-term care facility conducted by any state or federal department or agency, including any statement of deficiencies, all findings and deficiencies cited in a statement of deficiencies, all proposed and implemented plans of correction, and all statements of interviews with individuals in connection with any inspection or investigation, shall not be used in an advertisement, unless the advertisement includes all of the following: (1) The date the survey, inspection, or investigation was conducted; (2) A statement that a facility is required to submit a plan of correction in response to a statement of deficiencies, if applicable; (3) If a finding or deficiency cited in the statement of deficiencies has been corrected, a statement that the finding or deficiency has been corrected and the date that the finding or deficiency was corrected; and (4) A statement that the advertisement is not authorized or endorsed by the Department of Human Services or any other government agency. (b) This section does not prohibit the results of a survey, inspection, or investigation conducted under this section from being used in an administrative proceeding or a criminal investigation or prosecution. (c) The information required in subsection (a) of this section shall: (1) Be in the same font and size as the other language on or in the advertisement; and (2) Appear as prominently as other language used in the advertisement. Amended by Act 2021, No. 1017,§ 2, eff. 7/28/2021. Added by Act 2015, No. 1054,§ 1, eff. 7/22/2015.

(a) Except as otherwise provided in this section, the results of a survey, inspection, or investigation of a long-term care facility conducted by any state or federal department or agency, including any statement of deficiencies, all findings and deficiencies cited in a statement of deficiencies, all proposed and implemented plans of correction, and all statements of interviews with individuals in connection with any inspection or investigation, shall not be used in an advertisement, unless the advertisement includes all of the following: (1) The date the survey, inspection, or investigation was conducted; (2) A statement that a facility is required to submit a plan of correction in response to a statement of deficiencies, if applicable; (3) If a finding or deficiency cited in the statement of deficiencies has been corrected, a statement that the finding or deficiency has been corrected and the date that the finding or deficiency was corrected; and (4) A statement that the advertisement is not authorized or endorsed by the Department of Human Services or any other government agency.

(1) The date the survey, inspection, or investigation was conducted;

(2) A statement that a facility is required to submit a plan of correction in response to a statement of deficiencies, if applicable;

(3) If a finding or deficiency cited in the statement of deficiencies has been corrected, a statement that the finding or deficiency has been corrected and the date that the finding or deficiency was corrected; and

(4) A statement that the advertisement is not authorized or endorsed by the Department of Human Services or any other government agency.

(b) This section does not prohibit the results of a survey, inspection, or investigation conducted under this section from being used in an administrative proceeding or a criminal investigation or prosecution.

(c) The information required in subsection (a) of this section shall: (1) Be in the same font and size as the other language on or in the advertisement; and (2) Appear as prominently as other language used in the advertisement.

(1) Be in the same font and size as the other language on or in the advertisement; and

(2) Appear as prominently as other language used in the advertisement.