(a) If the department determines that a provider's continued participation in the program will result in an imminent potential threat to the health, safety, or welfare of a child in care, the department may
- (1) immediately suspend program participation;
- (2) provide the provider a notice of an emergency suspension; initial notification may be oral; and
- (3) provide formal written notification of the final decision within 14 business days after the determination, and advise the provider of the right to request a hearing under 7 AAC 41.443.
- (b) The emergency suspension is effective immediately, for a period necessary to allow the department to conduct an investigation and reach a final decision.
- (c) A provider may not request payment from the department or the designee for services provided under this chapter during a period of an emergency suspension.
- (d) The department will remove a suspended provider from the list of eligible providers that is maintained under 7 AAC 41.445. The department will reinstate a provider to the list of eligible providers after the end of a period of emergency suspension if the provider meets the applicable requirements of this chapter.
- (e) A provider may request an expedited hearing on an emergency suspension. The request may be granted upon a showing of good cause. An expedited hearing shall be held within 60 days after the department's receipt of a request for a hearing.
(Eff. 6/23/2006, Register 178; am 1/5/2017, Register 221)
Authority: AS 47.05.010, AS 47.25.001