(a) The department may deny an application to
renew certification of, will suspend certification of, or will decertify and
disenroll a Community First Choice services agency as a provider
(1) if the agency does not submit an
application for renewal in accordance with or meet the requirements of
7
AAC 127.050;
(2) if the agency does not meet the
requirements in the
Personal Care Services and Community First Choice
Personal Care Services Provider Conditions of Participation, adopted
by reference in
7
AAC 160.900;
(3) if the agency does not meet the
requirements of this chapter;
(4)
for grounds and under procedures set out in
7
AAC 105.400 -
7
AAC 105.490;
(5) if the agency is no longer qualified for
certification under 7 AAC 105 -7 AAC 160;
(6) if the department determines under
7
AAC 10.900 -
7
AAC 10.990 that a barrier crime or condition exists
with respect to an employee of a provider agency or revokes a background check
under 7 AAC 10.945, and the provider
agency does not terminate association with the employee in accordance with
7
AAC 10.960, unless the department grants a
redetermination under
7
AAC 10.927 or grants a variance under
7
AAC 10.930 or 7 AAC 10,935;
(7) for a reason stated in
7
AAC 127.050(e); or
(8) if the department determines a Community
First Choice services agency misrepresented the recipient's physical condition,
or need for Community First Choice services, for the purpose of obtaining
services for which the recipient is able to perform or for which the recipient
does not quality.
(b)
Instead of decertification or suspension, the department may
(1) notify the provider of the department's
findings that form the basis for possible decertification or
suspension;
(2) specify a date on
or before which the. provider must submit a written corrective action plan that
includes the method by which the provider will verify compliance and the
expected date of compliance;
(3)
approve, or require revision of, the corrective action plan as written or
specify other dates for compliance; and
(4) monitor the provider's progress toward
meeting the requirements of the corrective action plan; if the department finds
that the provider has not met the requirements of the corrective action plan on
or before the date compliance is required, the department may decertify or
suspend the provider as set out under (a) of this section.
(c) Providers that have been disenrolled or
decertified by the department under (a) of this section, or that have received
a notice under (b)(1) of this section, may appeal that decision under AS
44.64.
(d) Notwithstanding the
provisions of this section, if the department has reasonable cause to believe
that the health, safety, or welfare of a recipient is at risk, the department
may immediately suspend or revoke a provider's certification, if immediate
suspension or revocation occurs, the department will
(1) give to the provider initial notice
(A) by oral or written means, of the
suspension or revocation of certification, including information regarding the
right to appeal under AS 44.64; or
(B) if no one is present to receive the
initial notice, by posting the initial notice on the main entrance to the
building in which the provider agency is located; and
(2) not later than 14 business days after the
date of the suspension or revocation of certification, issue a formal report
that includes information related to the action taken, the reason for the
action, and the right to appeal the decision under AS 44.64.
