(a)

1. (1) Neither First Connections nor the Department of Education shall impose any enforcement remedies unless:

   1. (A) The local provider program and, or, or both individual service provider is provided written notice and appeal rights pursuant to 20 CAR § 1002-802 and 20 CAR § 1002-1001 et seq.; or
   2. (B) If either the department or the First Connections Part C coordinator determine that public health, safety, or welfare imperatively require emergency action be taken prior to the issuance of written notice.

2. (2) If First Connections or a lead agency representative impose an enforcement remedy as an emergency action before the local provider program and, or, or both individual service provider has notice and appeal rights pursuant to 20 CAR § 1002-1001 et seq., the lead agency shall:

   1. (A) Provide immediate written notice to the local provider program manager or administrator of the enforcement action; and
   2. (B) Provide the local provider program manager or administrator with its appeal rights pursuant to 20 CAR § 534-1001 et seq.

(b) If a provider program and, or, or both individual service provider fails to comply with the rules, First Connections and, or, or both the lead agency may impose any of the following enforcement remedies for the local provider program and, or, or both individual service provider failure to comply with the rules:

1. (1) Finding of noncompliance;
2. (2) Plan of correction;
3. (3) Directed in-service training plan or required technical assistance;
4. (4) Removal as choice of provider;
5. (5) Transfer;
6. (6) Monetary penalties;
7. (7) Suspension of service provider certification;
8. (8) Revocation of service provider certification;
9. (9) Report to the Office of Medicaid Inspector General;
10. (10) Recoupment of federal Part C funding; and
11. (11) Any remedy authorized by law or rule including without limitation Arkansas Code § 25-15-217.

(c) First Connections and, or, or both the lead agency 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 and, or, or both the number of noncompliance issues;
2. (2) Impact of noncompliance on a child’s health, safety, or well-being;
3. (3) Responsiveness in correcting noncompliance and completing any required assistance, training, or other corrective and supportive measures;
4. (4) Timeliness of correction of 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 violation of any law, rule, or other legal requirement.

(d)

1. (1) First Connections and, or, or both the lead agency shall report any noncompliance, action, or inaction by the service provider to appropriate agencies for investigation and further action.
2. (2) First Connections and, or, or both the lead agency shall refer noncompliance involving Medicaid billing requirements to the Division of Medical Services and the Attorney General’s Medicaid Fraud Control Unit.