Enforcement Process

The Department may impose an enforcement action when it determines an organization is not in compliance with these rules. The Department may monitor the organization on an as-needed basis, until it has been established the organization is in substantial compliance. (7-1-26) 01. Determination of Remedy. In determining which remedy to impose, the Department will consider the organization’s compliance history, change of ownership, the number of deficiencies, the scope and severity of the deficiencies, and the potential risk to participants. Subject to these considerations, any one or combination of the following remedies, is subject under these rules for notice and appeal: (7-1-26) a. Require the organization to submit a plan of correction approved by the Department; (7-1-26) b. Issue a provisional certificate; (7-1-26) c. Ban new enrollment of participants; (7-1-26) d. Summarily suspend the certificate and transfer participants; or (3-17-22) e. Revoke the organization’s certificate. (7-1-26) 02. Immediate Jeopardy. If it is determined an organization’s non-compliance with these rules immediately jeopardizes the health or safety of a participant, the certificate may be summarily suspended. (7-1-26) 03. Repeat Deficiency. A Repeat deficiency may result in any of the remedies listed in this section. (7-1-26) 04. Failure to Comply. The Department may impose one (1) or more of the remedies specified in this section if the organization has not returned to compliance within three (3) months of implementing a plan of correction. (7-1-26)