(a)

1. (1) The Division of Provider Services and Quality Assurance shall not impose any remedies imposed by an enforcement action unless:

   1. (A) The EIDT is given notice and an opportunity to be heard pursuant to this section and 20 CAR § 537-1001 et seq.; or
   2. (B) The Division of Provider Services and Quality Assurance determines that public health, safety, or welfare imperatively requires emergency action.

2. (2) If the Division of Provider Services and Quality Assurance imposes a remedy as an emergency action before the EIDT has notice and an opportunity to be heard pursuant to subdivision (a)(1) of this section, the Division of Provider Services and Quality Assurance shall:

   1. (A) Provide immediate notice to the EIDT of the enforcement action; and
   2. (B) Provide the EIDT with an opportunity to be heard pursuant to 20 CAR § 537-1001 et seq.

(b) The Division of Provider Services and Quality Assurance may impose on an EIDT any of the following enforcement actions for the EIDT’s 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 clients;
5. (5) Monetary penalties;
6. (6) Suspension of EIDT license;
7. (7) Revocation of EIDT license; or
8. (8) Any remedy authorized by law or rule including without limitation Arkansas Code § 25-15-217.

(c) The Division of Provider Services and Quality Assurance shall determine the imposition and severity of these enforcement remedies 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 client’s:

   1. (A) Health;
   2. (B) Safety; or
   3. (C) 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 remedies;
7. (7) Noncompliance involving intentional fraud or dishonesty; and
8. (8) Noncompliance involving a violation of any law, rule, or other legal requirement.

(d)

1. (1) The Division of Provider Services and Quality Assurance shall report any noncompliance, action, or inaction by the EIDT to appropriate agencies for investigation and further action.
2. (2) The Division of Provider Services and Quality Assurance shall refer noncompliance involving Medicaid billing requirements to the Division of Medical Services and the Medicaid Fraud Control Unit.