7 Alaska Admin. Code § 105.420

Current through May 31, 2024
Section 7 AAC 105.420 - Imposition of sanction
(a) Except as provided under (c) of this section, if one or more grounds for sanction exist under 7 AAC 105.400, the department will determine which sanction to impose under 7 AAC 105.410.
(b) The department will consider the following factors in determining the sanction to be imposed:
(1) seriousness of the offense;
(2) extent of violations;
(3) history of prior violations;
(4) prior imposition of sanctions;
(5) prior provision of provider education;
(6) provider willingness to obey program rules;
(7) whether a lesser sanction will be sufficient to remedy the problem; and
(8) actions taken or recommended by peer-review groups or licensing boards.
(c) The department will initiate proceedings to suspend or terminate a provider from the Medicaid program under 7 AAC 105.410, if a provider or an employee of the provider has
(1) been convicted of medical assistance fraud under AS 47.05.210;
(2) been convicted of a crime the department considers a risk to the health or safety of a recipient, including a barrier crime under 7 AAC 10.905;
(3) been previously suspended under 7 AAC 105.410 due to program abuse or abuse of a recipient;
(4) violated 7 AAC 105.430(c); or
(5) terminated from the Medicare program for fraud or abuse of the Medicare program.

7 AAC 105.420

Eff. 2/1/2010, Register 193

Authority:AS 47.05.010

AS 47.07.040