(a) The Department of Human Services or the Office of Medicaid Inspector General with respect to Arkansas Medicaid programs, shall automatically exclude a participant:

1. (1) If the participant is the subject of a final determination that the participant has wrongfully acted or failed to act with respect to, or has been found guilty, or pled guilty or nolo contendere, to any crime related to:

   1. (A) Obtaining, attempting to obtain, or performing a public or private contract or subcontract;
   2. (B) Embezzlement, theft, forgery, bribery, falsification or destruction of records, any form of fraud, receipt of stolen property, or any other offense indicating moral turpitude or a lack of business integrity or honesty;
   3. (C) Controlled substances or other drug-related offenses when the offense is a felony;
   4. (D) Federal antitrust statutes;
   5. (E) The submission of bids or proposals;
   6. (F) Any physical abuse, sexual abuse, or neglect when the offense is a felony;
   7. (G) The neglect or abuse of a patient in connection with the delivery of a healthcare item or service; or
   8. (H) Child pornography, when the offense is a felony;

2. (2)

   1. (A) That is presently subject to debarment, suspension, or other exclusion by any unit of the federal government or any unit of a state government, if:

(i) The debarment, suspension, or exclusion was imposed after an opportunity for due process; and

1. (ii) Federal law does not expressly prohibit collateral exclusion under the circumstances.

   1. (B) Exclusion under subdivision (a)(2)(A) of this section shall be concurrent with the period of debarment, suspension, or exclusion imposed by the federal or state government;

2. (3)

   1. (A) Upon learning that the participant was terminated or excluded for cause from participation in a program by any unit of the federal government or any unit of a state government, provided that:

      1. (i) The debarment or exclusion was imposed after an opportunity for due process; and
      2. (ii) Federal law does not expressly prohibit collateral exclusion under the circumstances.
   2. (B) The term of exclusion under subdivision (a)(3)(A) of this section shall be determined under 25 CAR § 30-108; or
3. (4) When that participant agrees to exclusion as part of a final settlement agreement to resolve potential or pending criminal charges or any civil matter involving a state healthcare plan.