N.M. Admin. Code § 7.20.11.11

Current through Register Vol. 35, No. 20, October 22, 2024

Section 7.20.11.11 - GROUNDS FOR IMPOSITION OF SANCTIONS

Sanctions may be imposed by the LCA based on its specific findings, including but not limited to any of the following:

A. failure to comply with any provision(s) of these certification requirements;

B. failure to allow surveys by authorized representatives of the LCA;

employment of any person convicted of a felony or misdemeanor without clearance by the department, including a misdemeanor involving moral turpitude;

C. allowing any agency personnel to work under the influence of alcohol or mood-altering drugs (if after employment, a staff member is charged and/or convicted of a felony or misdemeanor involving moral turpitude and this fact is known to the agency, it must be immediately reported to the LCA);

D. purposeful, deliberate or intentional misrepresentation(s) or falsification(s) of any information on application forms or other documents provided to the LCA;

E. repeated violations of these certification requirements, or failure to correct deficiencies of survey findings in current or past contiguous or noncontiguous certification periods;

F. presence of, and/or a history of, certification/licensure revocation, suspension, non-renewal, or denial of certification, sanction(s) or penalties or other similar disciplinary actions taken by regulatory bodies in other states or countries and/or within New Mexico regardless of whether any of these actions resulted in a settlement in lieu of a sanction;

G. failure to provide a client in the program with care, supervision and services or to protect client rights as outlined in these certification requirements;

H. any neglect as defined in these certification requirements;

I. presence of, and/or a history of health and/or safety deficiencies found in current or previous surveys or on-site visits;

J. death or serious injury to a client;

K. psychological harm or cruelty and indifference to the welfare of a client;

L. incidents that include acts of physical harm to a client(s) by staff;

M. regulatory deficiencies that jeopardize the health and/or safety of a client;

N. numerous deficiencies, that in combination, jeopardize the health and/or safety of a client; or

O. non-disclosure and/or deceit regarding condition of a facility/program or the services it provides.

N.M. Admin. Code § 7.20.11.11

7.20.11.11 NMAC - Rp 7 NMAC 20.11.11, 03/29/02