Arkansas Code Title 20. Public Health and Welfare § 20-77-1304. Claims review and administrative sanctions

(a)(1) Pursuant to rules promulgated in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., the Secretary of the Department of Human Services shall establish a process to review a claim made by a healthcare provider to determine whether the claim should be or should have been paid as required by federal or state law or rule.

(2) Claims review may occur before or after payment is made to a healthcare provider.

(3) The secretary may withhold payment to a healthcare provider during claims review if necessary to protect the fiscal integrity of the medical assistance programs, provided that the healthcare provider has an opportunity for a hearing within sixty (60) days of the date payment is withheld.

(b)(1) The secretary may establish various types of administrative sanctions pursuant to rules promulgated in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., which may be imposed on a healthcare provider or other person who violates any provision of this subchapter or any other applicable federal or state law or rule related to the medical assistance programs.

(2) Administrative sanction shall include any or all of the following: recoupment, posting of bond or other security, or a combination thereof; exclusion as a healthcare provider; or liquidated damages.

(c)(1) The Department of Human Services shall conduct a hearing in compliance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., at the request of a person who wishes to contest an administrative sanction imposed on him or her by the secretary.

(2) A party aggrieved by an order may seek judicial review in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(3) Judicial review of the order shall be conducted in compliance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.