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.Eff. 2/1/2010, Register 193Authority:AS 47.05.010
AS 47.07.040