(a)

1. (1) Provisions for monitoring and review of compliance with program requirements are specified in this section.

2. (2) The Department of Human Services shall withdraw approval of a training program when:

   1. (A) The program has one (1) or more restrictions;
   2. (B)

(i) The entity offering the program refuses to permit visits by the department, whether announced or unannounced.

1. (ii) Any facility that refuses to permit unannounced visits is subject to having its provider agreement terminated;

   1. (C) The program’s curriculum and implementation requirements specified in this part are not met by the program;
   2. (D) The program has an excessive failure rate for trainees on the state competency evaluation test over a three-year period and after opportunities to address the failure rate through enhanced monitoring;

   3. (E)

      1. (i) Renewal is not completed prior to renewal date.
      2. (ii) Long-Term Care Facility Nursing Assistant Training Program approval will be suspended until renewal is completed and approved;
   4. (F) The program makes or causes to be made any false statement or representation of a material fact used in determining rights or any application for payment by any entity for reimbursement of training costs as allowed in 20 CAR § 403-901 et seq.;
   5. (G) The program makes or causes to be made any false statement or representation that training was provided when training was not provided;
   6. (H) The program makes or causes to be made, or induces or seeks to induce the making of, any false statement or representation of a material fact with respect to the conditions or operation of the program in order for the program to qualify either upon initial approval or reapproval;
   7. (I) The program makes or causes to be made any false statement or representation that the amount of training costs is greater than the actual cost of the training to obtain Medicaid reimbursement, as allowed in 20 CAR § 403-901 et seq., that exceeds the actual cost of training;
   8. (J) The program makes or causes to be made any false statement or representation of a material fact in violation of this part; or
   9. (K) The state determines that any of the applicable requirements of 42 C.F.R. § 483.152 or 42 C.F.R. § 483.154 are not met by the program.

(b) When the state withdraws approval of a nurse aide training and competency evaluation program or competency evaluation program:

1. (1) The state must notify the program in writing, indicating the reason or reasons for withdrawal of approval from the program; and

2. (2) Students who have started a training and competency evaluation program from which approval has been withdrawn must be allowed to complete the course.

   1. (c)
3. (1) The program may file for a reconsideration of the withdrawal of approval of a nurse aide training and competency evaluation program within ten (10) business days of the notification.
4. (2) The reconsideration shall be forwarded to the Division of Higher Education.