§ 12-12-1706 - Civil penalties.
               	 		
12-12-1706.    Civil penalties.
    (a)    (1)  The  State of Arkansas and the Attorney General may institute a civil action  against any long-term care facility caregiver necessary to enforce any  provision of this subchapter.
      (2)  Notwithstanding  any criminal penalties assessed, any caregiver against whom any civil  judgment is entered as the result of a civil action brought by the State  of Arkansas through the Attorney General on a complaint alleging that  caregiver to have abused, neglected, or exploited an endangered person  or an impaired person in a long-term care facility certified under Title  XIX of the Social Security Act, 42 U.S.C.    1396 et seq., as it existed  on January 1, 2005, shall be subject to pay a civil penalty:
            (A)  Not to exceed ten thousand dollars ($10,000) for each violation judicially found to have occurred; or
            (B)  Not  to exceed fifty thousand dollars ($50,000) for the death of a long-term  care facility resident that results from a single violation.
      (3)    (A)  The  Attorney General shall not be precluded from recovering civil penalties  under subdivision (a)(2)(A) of this section for the death of a person  that results from multiple violations.
            (B)  However, the Attorney General may not recover civil penalties under both subdivisions (a)(2)(A) and (B) of this section.
(b)  In  any action brought under this section, the Attorney General shall be  required to prove all essential elements of the cause of action,  including damages, by a preponderance of the evidence.
(c)  Any  civil penalty under subdivision (a)(2) of this section shall be paid  into the State Treasury and credited to the Arkansas Medicaid Program  Trust Fund.
(d)  Any caregiver  against whom any civil judgment is entered as the result of a civil  action under this section by the Attorney General shall be required to  pay to the Attorney General all reasonable expenses that the court  determines have been necessarily incurred in the enforcement of this  subchapter.
(e)  A civil action under  this section may not be brought more than three (3) years after the  date on which the violation of this subchapter is committed.