Mont. Admin. R. 37.85.505 - FACTORS GOVERNING IMPOSITION OF SANCTION
(1) The decision to impose sanctions and
which sanctions to impose shall be within the discretion of the department
except as provided in (3).
(2) The
following factors shall be considered in determining the sanction(s) to be
imposed:
(a) seriousness of the
offense(s);
(b) extent of
violations;
(c) history of prior
violations;
(d) prior imposition of
sanctions;
(e) prior provision of
provider education;
(f) provider
willingness to comply with program rules;
(g) whether a lesser sanction will be
sufficient to remedy the problem;
(h) actions taken or recommended by peer
review groups or licensing boards.
(3) Where a provider has been found by a
court of competent jurisdiction in either a civil or criminal proceeding to
have defrauded the Montana Medical Assistance program, or has been previously
suspended due to program abuse, or has been terminated from the Medicare
program for fraud or abuse, the department may terminate the provider from the
Medical Assistance program.
Notes
53-2-201, 53-2-803, 53-4-111, 53-6-108, 53-6-111, 53-6-113, MCA; IMP, 53-2-306, 53-2-801, 53-4-112, 53-6-106, 53-6-107, 53-6-111, MCA;
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