As used in this part:

1. (1)

   1. (A) "Administrative adjudication" means an appeal hearing conforming to the Arkansas Administrative Procedure Act, codified as Arkansas Code § 25-15-201 et seq.
   2. (B) Administrative appeals must be limited to the extent necessary to avoid compromising any ongoing criminal investigation;
2. (2) "Appropriation" means the authority granted by the General Assembly to expend public funds for specified purposes;

3. (3) "Civil judgment" means the disposition of a civil action by any court of competent jurisdiction, whether entered by:

   1. (A) Verdict;
   2. (B) Decision;
   3. (C) Settlement;
   4. (D) Stipulation; or
   5. (E) Otherwise creating a civil liability for a wrongful act;
4. (4) "Collateral exclusion" means exclusion from one (1) program based upon a previous final exclusion from another program as provided in 25 CAR § 30-104(a)(2) and (3);
5. (5) "Common ownership" means when an entity, entities, an individual, or individuals possess five percent (5%) or more ownership or equity in the participant;

6. (6) "Control" means an individual or an organization has the power, directly or indirectly, to influence or direct the actions or policies of a participant, including control due to:

   1. (A) Ownership interest;
   2. (B) Management; or
   3. (C) Administration;
7. (7) "DHS" means the Department of Human Services, including all divisions, offices, and units thereof;

8. (8) "Exclusion" means the process in which a participant or, when applicable, a related party, is prohibited from participating in any Department of Human Services program, including all contracts, grants, licenses, certifications, and agreements involving the expenditure of appropriated funds unless:

   1. (A) Such funds are for proper charges approved before the date of exclusion; and
   2. (B) The participant has reimbursed any funds owed to the Department of Human Services;

9. (9)

   1. (A) "Expungement" means the sealing of criminal records for the purpose of keeping the records confidential.

   2. (B) "Expungement" includes a criminal conviction, or a pre-adjudication plea of guilty or nolo contendere, that is sealed pursuant to:

      1. (i) The Comprehensive Criminal Record Sealing Act of 2013, Arkansas Code § 16-90-1401 et seq.;
      2. (ii) A similar Arkansas state statute sealing criminal records;
      3. (iii) A similar statute of another state; or
      4. (iv) A federal statute or federal court order;

10. (10) "Final determination" means, unless provided otherwise in federal law or regulation:

    1. (A) All appeals have been exhausted; or
    2. (B) The deadline to appeal the determination upon which the exclusion is based has passed;

11. (11) "Immediate family member" means a person's:

    1. (A) Spouse;
    2. (B) Natural or adoptive parent, child, or sibling;
    3. (C) Stepparent, stepchild, or stepsibling;
    4. (D) Father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in- law, or daughter-in-law; or
    5. (E) Grandparent or grandchild;
12. (12) "Mandatory exclusion" means exclusion imposed following and based upon a final adjudication of one (1) or more acts or omissions described in 25 CAR § 30-104;

13. (13) "Nonconforming commodities or services" means goods or services not in accordance with the obligations under the:

    1. (A) Contract;
    2. (B) Agreement;
    3. (C) Standards; or
    4. (D) Manual;

14. (14) "Participant" means a person or entity that:

    1. (A) Is a party to or is seeking to become a party to a contract, grant, or any type of agreement with the Department of Human Services to furnish commodities or services to, on behalf of, or as a grantee or sub-grantee of:

       1. (i) The Department of Human Services; or
       2. (ii) Any recipient of Department of Human Services services;
    2. (B) Is issued or is seeking a license, certification, or authorization by the Department of Human Services;
    3. (C) Is receiving or seeking to receive appropriated funds from the Department of Human Services;
    4. (D) Was substantially involved in the act or omission giving rise to the exclusion; or
    5. (E) Is an employee or independent contractor engaged to deliver healthcare goods or services for an individual or entity that is an enrolled Medicaid provider;

15. (15)

    1. (A) " Related party" means a person or an entity:

       1. (i) Associated or affiliated with the participant;
       2. (ii) That shares common ownership, control, or common board members with the participant;
       3. (iii) That has control of the participant;
       4. (iv) That is controlled by the participant; or
       5. (v) That has significant influence over the participant.

    2. (B) "Related party" may include but is not limited to:

       1. (i) Principal owners of the entity and members of their immediate families;
       2. (ii) Management of the entity and members of their immediate families;
       3. (iii) Other parties that can significantly influence the management or operating policies of the transacting parties or that have an ownership interest in one (1) of the transacting parties and can significantly influence the other to an extent that one (1) or more of the transacting parties might be prevented from fully pursuing its own separate interests; or
       4. (iv) Any person or entity who was substantially involved in the act or omission giving rise to the exclusion.

    3. (C) "Related party" does not include a:

       1. (i) Managed care organization (MCO);
       2. (ii) Provider-led Arkansas Shared Savings Entity (PASSE); or
       3. (iii) Similar type of entity with its own network of direct service providers merely due to the business agreement with the network providers;
16. (16) "Secretary" means the Secretary of the Department of Human Services or his or her designee; and

17. (17) "Temporary exclusion" means exclusion from participation or payment pending the outcome of:

    1. (A) An investigation;
    2. (B) An adjudication (if the participant timely requests adjudication); or
    3. (C) A trial.