N.M. Admin. Code § 8.370.4.8

Current through Register Vol. 35, No. 23, December 10, 2024

Section 8.370.4.8 - TYPES OF INTERMEDIATE SANCTIONS AND CIVIL MONETARY PENALTIES THAT MAY BE IMPOSED ON ANY LICENSED HEALTH CARE FACILITY

A.A directed plan of correction: The licensing authority may direct a licensee to correct violations in a time specified, detailed plan.

B.Facility monitors: The licensing authority may select a facility monitor for a specified period of time to closely observe a health facility's compliance efforts. The facility monitor shall have authority to review all applicable facility records, policies, procedures and financial records; and the authority to interview facility staff and residents. The facility monitor may also provide consultation to the facility management and staff in the correction of violations. The health facility must pay all reasonable costs of a facility monitor.

C.Temporary management: The licensing authority may appoint temporary management with expertise in the field of health services to oversee the operation of the health facility. The management appointed will ensure that the health and safety of the facility's patients, residents, or clients is protected. The health facility must pay all reasonable costs of temporary management.

D.Restricted admissions or provision of services: The licensing authority may restrict the health facility from providing designated services and from accepting any new patients, residents, or clients until deficiencies are corrected.

E.Reduction of licensed capacity: The licensing authority may reduce the licensed capacity of a health facility.

F.Civil monetary penalty: The licensing authority may impose on any health facility a civil monetary penalty.

(1) The amount of the civil monetary penalty is based upon the total of:

(a) the initial base penalty;

(b) a daily penalty which is calculated based on the uncorrected deficiencies which exist for each day following the notice to the facility, and;

(c) any penalty doubling for repeat deficiencies. Civil monetary penalties shall not exceed a total of $5,000 per day.

(2) Limitation: A civil monetary penalty is not intended to force the closure of a licensed facility in lieu of license revocation.

(3) Burden of proof; limitation: Any facility seeking to show that the imposition of a civil monetary penalty will result in the forced closure of the facility must prove the same by clear and convincing evidence.

N.M. Admin. Code § 8.370.4.8

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