(a)

1. (1) The Division of Developmental Disabilities Services shall not impose an enforcement action unless:

   1. (A) The provider is given written notice pursuant to 20 CAR § 535-802 and an opportunity to be heard pursuant to Subpart 10 of this part; or
   2. (B) The Division of Developmental Disabilities Services determines that public health, safety, or welfare imperatively requires emergency action.

2. (2) If the Division of Developmental Disabilities Services imposes an enforcement action as an emergency action before a provider receives written notice and an opportunity to be heard pursuant to subdivision (a)(1) of this section, the Division of Developmental Disabilities Services shall:

   1. (A) Provide immediate written notice to the provider of the enforcement action; and
   2. (B) Allow the provider an opportunity to be heard pursuant to Subpart 10 of this part.

(b) The Division of Developmental Disabilities Services may impose on a provider any of the following enforcement actions for a failure to comply with this part:

1. (1) Plan of correction;
2. (2) Directed in-service training plan;
3. (3) Moratorium on new admissions;
4. (4) Transfer of beneficiaries;
5. (5) Monetary penalties;
6. (6) Suspension of certification;
7. (7) Revocation of certification; and
8. (8) Any remedy authorized by law or rule including without limitation Arkansas Code § 25-15-217.

(c) The Division of Developmental Disabilities Services shall determine the imposition and severity of these enforcement actions on a case-by-case basis using the following factors:

1. (1) Frequency of noncompliance;
2. (2) Number of noncompliance issues;
3. (3) Impact of noncompliance on a beneficiary’s health, safety, or well-being;
4. (4) Responsiveness in correcting noncompliance;
5. (5) Repeated noncompliance in the same or similar areas;
6. (6) Noncompliance with previously or currently imposed enforcement actions;
7. (7) Noncompliance involving intentional fraud or dishonesty; and
8. (8) Noncompliance involving violation of any law, rule, or other legal requirement.

(d)

1. (1) The Division of Developmental Disabilities Services shall report any noncompliance, action, or inaction by a provider to appropriate agencies for investigation and further action.

2. (2) The Division of Developmental Disabilities Services shall report noncompliance involving Medicaid billing requirements to the:

   1. (A) Division of Medical Services;
   2. (B) Arkansas Attorney General’s Medicaid Fraud Control Unit; and
   3. (C) Office of Medicaid Inspector General.