1.    When the department determines a criminal history record check is appropriate, a provider applicant, a provider, or an individual with a five percent or more direct or indirect ownership interest in the provider applicant or provider shall secure, from any agency authorized to take fingerprints, two sets of fingerprints and shall provide all    other information necessary to secure state criminal history record information and a nationwide background check under federal law.

2.    The applicant provider or provider shall assure the information obtained under subsection 1 is provided to the department within thirty days of the notice date.

3.    The department shall submit the information and fingerprints to the bureau of criminal investigation to determine if there is any criminal history record information regarding the applicant provider, provider, or an individual with a five percent or more direct or indirect ownership interest in the provider applicant or provider in accordance with section 12-60-24.

4.    The bureau of criminal investigation shall request a nationwide background check from the federal bureau of investigation and, upon receipt of response, provide the response of the federal bureau of investigation to the department. The bureau also shall provide any criminal history record information that lawfully may be made available under chapter 12-60 to the department.

5.    The results of the investigations must be forwarded to the department.

6.    Upon request by the applicant provider, provider, or an individual with a five percent or more direct or indirect ownership interest in the provider applicant or provider, a law enforcement agency shall take fingerprints of individuals described in this section if the request is made for purposes of this section.

7.    The applicant provider, provider, or an individual with a five percent or more direct or indirect ownership interest in the provider applicant or provider shall pay the cost of securing fingerprints, any criminal history record information made available under chapter 12-60, and a nationwide background check.

8.    The department may charge a fee not to exceed the actual cost for the purpose of processing the background investigations.

9. An agency that takes fingerprints as provided under this section may charge a reasonable fee to offset the cost of the fingerprinting.

10.    The department may use the background information findings to determine approval of Medicaid services provider application or termination of enrollment as a Medicaid services provider. An individual denied or terminated as a Medicaid service provider as a result of the background investigation may not be qualified to enroll as a provider, have five percent or greater ownership or control interest in a Medicaid services provider, or submit claims for reimbursement through the department’s Medicaid management information system.