Bautista LeRoy, LLC is dedicated to protecting the rights of elderly residents in Arkansas nursing homes, often we receive questions from families concerned about the level of care their loved ones receive at nursing home or long-term care facility.

Our clients at Bautista LeRoy often ask us whether Arkansas law mandates one-on-one care for nursing home residents? The answer, unfortunately, is not straightforward.

Understanding Arkansas Nursing Home Regulations

Arkansas nursing homes are regulated primarily by the Arkansas Department of Human Services (DHS) and must comply with federal guidelines established by the Centers for Medicare & Medicaid Services (CMS). However, neither Arkansas state law nor federal regulations explicitly require nursing homes to provide one-on-one care for residents. Though it can be required by a doctor or written into the care plan for an individual resident.

The Arkansas Administrative Code, particularly Ark. Admin. Code 016.06.22-005, establishes general staffing requirements for nursing homes. It mandates that facilities must have sufficient staff to meet residents' needs but does not prescribe an exact caregiver-to-patient ratio, let alone require one-on-one care. The federal Nursing Home Reform Act (42 U.S.C. § 1395i-3) also sets minimum staffing standards but stops short of requiring individualized care unless medically necessary.

Instead on mandating one-on-one care, Arkansas regulations require facilities to assess each resident's needs and provide an appropriate level of care. Specifically, Ark. Code Ann. § 20-10-1401 states that nursing homes must maintain staffing levels that are “sufficient to meet the needs of residents.”  We find at Bautista LeRoy LCC, that this  vague standard allows for significant variation in care quality and leaves room for understaffing issues, which are, unfortunately, common in many facilities.

How Does Arkansas Compare to Other States?

Some states have taken a more proactive approach in establishing specific staffing requirements than Arkansas. For example:

• California requires at least 3.5 hours of direct care per patient per day and mandates a minimum of one certified nursing assistant (CNA) per six residents during the day (Cal. Health & Safety Code § 1276.65).
• Florida enforces a similar standard, mandating a minimum of 2.5 hours of direct care per day for residents in nursing homes (Fla. Stat. § 400.23).
• New York sets even stricter rules, requiring a 3.5-hour minimum per resident, including at least 1.1 hours provided by a registered nurse (RN) or licensed practical nurse (LPN) (N.Y. Pub. Health Law § 2895-b).

In contrast, Arkansas' regulations leave staffing levels largely to the discretion of individual nursing homes, which can lead to inadequate care if facilities prioritize profits over patient welfare.

The Reality of Staffing and Elder Neglect

Because Arkansas law does not guarantee one-on-one care, many nursing homes operate with minimal staff, leading to serious consequences for residents. At Bautista LeRoy LLC we find signs of Chronic understaffing can result in:

• Delayed responses to emergencies – Residents who need immediate medical attention may suffer due to slow response times.
• Increased risk of falls and injuries – Without adequate supervision, elderly residents are more susceptible to falls, which can lead to severe injuries or death.
• Poor hygiene and malnutrition – When staff members are stretched thin, residents may not receive adequate assistance with meals, bathing, or toileting.
• Emotional and psychological neglect – Lack of individual attention can cause social isolation and emotional distress among nursing home residents.

Legal Options for Families Affected by Nursing Home Neglect

If you suspect that a loved one in an Arkansas nursing home is not receiving adequate care due to low staffing levels, legal action may be necessary. Please give Bautista LeRoy LLLC a call at 816-221-0382.

Families can pursue claims based on:

• Negligence – If a facility fails to meet the basic standard of care required under state and federal laws.
• Breach of contract – If the nursing home contractually promised a certain level of care that it is not providing.
• Violation of residents' rights – Arkansas law recognizes the rights of nursing home residents, including the right to be free from abuse and neglect (Ark. Code Ann. § 20-10-1204).

How Our Firm Can Help

As experienced elder abuse attorneys in Arkansas, Bautista LeRoy LLC is committed to holding negligent nursing homes accountable. If your loved one has suffered due to inadequate care, we can help you:

• Investigate the facility's staffing levels and past violations.
• Gather evidence of neglect or abuse.
• File complaints with Arkansas DHS and federal agencies.
• Pursue legal action to recover damages for pain and suffering, medical expenses, and more.

Conclusion

While Arkansas does not mandate one-on-one care in nursing homes, facilities are still legally required to provide sufficient staffing to meet a resident's needs. If a nursing home fails in this duty, families have legal options to seek justice for their loved ones.

If you believe your loved one has suffered due to inadequate care in an Arkansas nursing home, contact our firm today for a free consultation. Together, Bautista LeRoy LLC along with you, can fight to protect the rights and dignity of the elderly in our Arkansas communities. Contact us today at 816-221-0382 or send us an email on our Contact Page. Serving Kansas City, MO and KS as well as surrounding areas of Benton County and St. Louis.