Page 2333

105.410. (b) The department will consider the following factors in determining the sanction to be imposed:

(1) seriousness of the offense;

(2) extent of violations;

(3) history of prior violations;

(4) prior imposition of sanctions;

(5) prior provision of provider education;

(6) provider willingness to obey program rules;

(7) whether a lesser sanction will be sufficient to remedy the problem; and

(8) actions taken or recommended by peer-review groups or licensing boards. (c) The department will initiate proceedings to suspend or terminate a provider from the Medicaid program under 7 AAC 105.410, if a provider or an employee of the provider has

(1) been convicted of medical assistance fraud under AS 47.05.210;

(2) been convicted of a crime the department considers a risk to the health or safety of a recipient, including a barrier crime under 7 AAC 10.905;

(3) been previously suspended under 7 AAC 105.410 due to program abuse or abuse of a recipient;

(4) violated 7 AAC 105.430(c); or

(5) terminated from the Medicare program for fraud or abuse of the Medicare program. (Eff. 2/1/2010, Register 193) Statutory Authority: Authority: AS 47.05.010 AS 47.07.040 7 AAC 105.430. Scope of sanction. (a) If the department has suspended or terminated a provider from participation in the