(b) A trauma center’s designation may be suspended/revoked at any time for, but not limited to, any one (1) of the following reasons:

1. (1) Failure to comply with applicable sections within this part and/or the Rules for Hospitals and Related Institutions in Arkansas, 20 CAR pt. 41;
2. (2) Failure to provide care consistent with the facility’s capability and capacity;
3. (3) Willful preparation or filing of false reports or records;
4. (4) Fraud or deceit in obtaining or attempting to obtain designation status;
5. (5) Failure to submit data to the trauma registry as described in 20 CAR § 80-901 et seq.;
6. (6) Failure to have appropriate staff or equipment required for designation as described in 20 CAR § 80-501 et seq., or 20 CAR § 80-601 et seq., as applicable;
7. (7) Unauthorized disclosure of medical or other confidential information;
8. (8) Alteration or inappropriate destruction of medical records; or

9. (9) Refusal to render care because of a patient’s:

   1. (A) Race;
   2. (B) Ethnicity;
   3. (C) Sex;
   4. (D) Creed;
   5. (E) National origin;
   6. (F) Sexual preference;
   7. (G) Gender identity;
   8. (H) Age;
   9. (I) Disability;
   10. (J) Medical problem, or
   11. (K) Inability to pay.

(c) Reapplication for designation after suspension/revocation.

1. (1) Six (6) months after a suspension/revocation of designation as outlined in 20 CAR § 80-402(b)(2)(D), the facility may reapply for designation at the discretion of the Trauma Section in 20 CAR § 80-402(a) and (b).
2. (2) At the time of the suspension/revocation, the facility has the option to designate at a lower level with the approval of the Trauma Section.

(d) Occasional failure to meet standards. Occasional failure (less than five percent (5%) of the total time in a three-month period) of a trauma center to meet its obligations shall not be grounds for suspension or revocation by the Trauma Section if the circumstances under which the failure occurred:

1. (1) Do not reflect an overall deterioration in the quality of and commitment to trauma care; and
2. (2) Are corrected within a reasonable time frame by the facility as determined by the Trauma Section.

(e) Complaints. Upon receipt of a complaint describing an alleged violation as described in subsection (b) of this section, above, the Trauma Section shall:

1. (1) Notify the trauma center of the complaint;
2. (2) Initiate a review of the complaint, which may consist of an on-site review by the Trauma Section;
3. (3) Develop a written report of the review; and
4. (4) Notify the trauma center of the results of the review.

(f) Notification of action.

1. (1)

   1. (A) If the Trauma Section proposes to suspend/revoke a designation, the Trauma Section shall notify the trauma center by registered or certified mail at the last address shown in the Trauma Section records.
   2. (B) The notice shall state the alleged facts that warrant the action and state that the trauma center has an opportunity to request a hearing in accordance with the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq.

2. (2)

   1. (A) The trauma center shall request a hearing within fifteen (15) calendar days after the date of the suspension/revocation notice.
   2. (B) This request shall be in writing and submitted to the Trauma Section.
   3. (C) If a hearing is requested, the hearing shall be held in accordance with the Arkansas Administrative Procedure Act as noted above.
   4. (D) The trauma center shall continue to function at the level of its designation until the process is completed.
3. (3) If the trauma center does not request a hearing in writing within fifteen (15) calendar days from the date of notice, it is deemed to have waived the opportunity for a hearing and the suspension/revocation decision shall stand.