N.M. Admin. Code § 8.370.4.6

Current through Register Vol. 36, No. 1, January 14, 2025

Section 8.370.4.6 - OBJECTIVE

The purpose of these regulations is to:

A. comply with Section 24-1-5.2 NMSA 1978 which mandates that the authority adopt and promulgate regulations specifying the criteria for imposition of any intermediate sanction, including the amount of monetary penalties and the type and extent of intermediate sanctions;

B. encourage health facilities to maintain compliance with licensing requirements and accelerate compliance when found in violation; intermediate sanctions and civil monetary penalties are intended as alternatives to implementation of more drastic measures such as revocation or suspension of license.

(1) The objective of the base penalty component of the civil monetary penalty is deterrence. The base penalty is imposed without regard to the time required for the correction.

(2) The objective of the daily penalty component of the civil monetary penalty is principally to motivate prompt correction of the deficiency and to protect the health and safety of the residents.

N.M. Admin. Code § 8.370.4.6

Adopted by New Mexico Register, Volume XXXV, Issue 12, June 25, 2024, eff. 7/1/2024