37.27.122    STATE APPROVED PROGRAMS, SANCTIONS

(1) The department, after written notice to the program, may sanction a program's state approval upon finding that the program: 

(a) fails to meet any state approval requirements established by this subchapter;

(b) fails to meet regulations or licensure standards set forth in ARM Title 37, chapter 106, subchapter 14;

(c) has failed to use state or federal funds received under contract with the department or through Montana Medicaid as required, pursuant to state or federal regulations, for the operations of a program or provision of services;

(d)  has failed to comply with a performance action plan approved by the department;

(e) has committed unprofessional conduct pursuant to 37-1-316, MCA;

(f) has current orders or sanctions pursuant to 37-1-312, MCA; or

(g) has current sanctions pursuant to ARM Title 37, chapter 85, subchapter 5.

(2) The department will issue a 90-day restricted state approval to a program that has failed to meet requirements of this rule and has submitted a performance action plan approved by the department.

(3) The department will issue a suspension of state approval, for up to one year, to a program that has failed to meet requirements of this rule during a restricted state approval and has submitted a performance action plan approved by the department.

(a) Programs approved under ARM 37.27.107 will receive an immediate suspension of state approval if their professional license has been suspended by the licensing board. Suspension will be the same length of time determined by the licensing board or one year, whichever is greater.

(4) The department will revoke a program's state approval if the program:

(a) has failed to meet requirements of this rule during a suspension of their state approval;

(b) has been excluded from participation in a government health care program; or

(c) approved under ARM 37.27.107, has had its professional license revoked by the licensing board.

(5) A restriction or suspension of state approval may only be issued one time within a two-year period.

(6) Any program whose state approval has been revoked under the provisions of this subchapter may not submit another application for state approval within one year from the date of revocation and all deficiencies identified in the performance action plan have been corrected.

(7) Any program whose state approval has been restricted, suspended, or revoked has the right to request a hearing as set forth in ARM Title 37, chapter 5, subchapter 3.

History: 53-24-204, 53-24-207, 53-24-208, MCA; IMP, 53-24-208, MCA; NEW, 2022 MAR p. 1889, Eff. 9/24/22.