(1) Compliance reviews shall be conducted on the provider by department staff at the provider's premises.

(a) Completion of the compliance review may require participation from the consumer.

(2) The compliance reviews shall be conducted:

(a) on an annual basis; or

(b) at other times, as determined by the department.

(3) The department shall determine compliance in the following areas:

(a) service delivery;

(b) service authorization;

(c) records maintenance;

(d) assistant surveys; and

(e) consumer surveys.

(4) Providers must achieve a 90% compliance rate as provided in ARM 37.40.1106.

(5) Providers have two opportunities to achieve a 90% compliance rate or the following may occur:

(a) providers shall be subject to department sanctions as provided in ARM 37.85.401, 37.85.502, 37.85.505, 37.85.506, 37.85.507, 37.85.511, 37.85.512 and 37.85.513.