(a)

1. (1) The purpose of remedies is to ensure prompt compliance with program requirements.
2. (2) When the Office of Long-Term Care chooses to apply one (1) or more remedies specified herein, the remedies are applied on the basis of noncompliance found during surveys or investigations, of any nature, conducted by the office or its contractor, or for failure to comply with applicable laws or regulations.

(b)

1. (1) The office may apply one (1) or more remedies for each deficiency constituting noncompliance, or for all deficiencies constituting noncompliance in aggregate.

2. (2) Examples of these remedies may include the following:

   1. (A) Civil money penalties;
   2. (B) Moratorium on new admissions;
   3. (C) Directed in-service training;
   4. (D) Directed corrective action plan;
   5. (E) Additional state monitoring;
   6. (F) Temporary psychiatric residential treatment facility administrator;
   7. (G) Termination of license and closure of psychiatric residential treatment facility;
   8. (H) Transfer of Arkansas resident;
   9. (I) Transfer of out-of-state resident back to sending state;
   10. (J) Decertification of any resident determined not to meet medical necessity criteria for psychiatric residential treatment facility services;
   11. (K) Decertification of any provider determined to be noncompliant with the office provider certification rules, Medicaid manual, federal regulations, or Arkansas state statutes;
   12. (L) Formulation of an emergency transition plan for residents;
   13. (M) Recoupment for services that are not medically necessary, or that fail to meet professionally recognized standards for health care;
   14. (N) Termination from participation in the Arkansas Medicaid Program;
   15. (O) Suspension of participation in the Arkansas Medicaid Program; or
   16. (P) Exclusion under current Department of Human Services Participant Exclusion Rule, 25 CAR pt. 30.

(c) Unless otherwise provided by law or other applicable regulations, remedies continue until:

1. (1) The psychiatric residential treatment facility has corrected the cited deficiencies that resulted in the imposition of the remedy, or remedies, as determined by the office, based upon a revisit, or after an examination of credible written evidence that can be verified without an onsite visit, or both; or
2. (2) The office terminates the psychiatric residential treatment facility’s license.