Administration

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  1. (a) The administration of this subchapter shall be exercised by the Director of the Division of Medical Services of the Department of Human Services and shall be subject to the provisions of the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

  2. (b)

    1. (1) In accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., the Division of Medical Services of the Department of Human Services shall promulgate rules and prescribe forms for:

      1. (A) The proper imposition and collection of the provider fee;

      2. (B)

        1. (i) The enforcement of this subchapter, including without limitation certification nonrenewal, letters of caution, sanctions, or fines.

        2. (ii) The fine for failure to comply with payment and reporting requirements shall be at least one thousand dollars ($1,000) but no more than one thousand five hundred dollars ($1,500).

        3. (iii) The fine and, if applicable, the outstanding balance of the provider fee shall accrue interest at the maximum rate permitted by law from the date the fine and, if applicable, the provider fee is due until payment of the outstanding balance of the fine and, if applicable, the provider fee;

      3. (C) The format for reporting gross receipts; and

      4. (D) The administration of this subchapter.

    2. (2) The rules shall not grant any exceptions to, or exceptions from, the provider fee.


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