N.M. Admin. Code § 9.4.21.14

Current through Register Vol. 35, No. 21, November 5, 2024

Section 9.4.21.14 - COMPLAINTS AGAINST A CONTRACTED PROVIDER WITH THE NMDDPC OFFICE OF GUARDIANSHIP

A. A complaint shall be made in writing by the client or another person on behalf of the client, including but not limited to a friend, relative, advocate, or other interested person, such as a caregiver or provider. An exception to the requirement that a complaint shall be made in writing shall be made if a reasonable accommodation is necessary.

B. Except as provided in Subsection D of 9.4.21.14 NMAC, below, prior to filing a complaint against a provider contracting with the NMDDPC office of guardianship, individuals shall first try to resolve their complaints with the contracted provider through that provider's grievance process.

C. If the complaining party and contractor are unable to reach a resolution or agreement then the complaining party may file a complaint with the office of guardianship and may file a copy with the contractor.

D. Exceptions shall be made to Subsections A & B of 9.4.21.14 NMAC when the NMDDPC office of guardianship has reason to believe that an emergency situation exists or that a delay of the investigation could result in harm to the protected person or retaliation by the contractor.

E. The complaint should include as much information as possible, including the following:

(1) name of the incapacitated person;

(2) name of the contact information for the individual making the complaint on behalf of the incapacitated person;

(3) relationship of the complaining party to the incapacitated person;

(4) name of the individual contractor against whom the complaint is being made;

(5) name of the party who has attempted to resolve the complaint, if known;

(6) what actions have been taken to attempt to resolve the complaint;

(7) details of the complaint including the alleged wrongdoing, the involved parties and when and where the wrongdoing occurred;

F. The complaint made to the office of guardianship may be submitted by mail or fax unless a reasonable accommodation is necessary.

G. In order to preserve the confidentiality of the incapacitated person, the complaint shall be submitted to: The NMDDPC Office of Guardianship; 810 W. San Mateo, Ste. C; Santa Fe, NM 87505-4144; (505) 476-7324; (505) 476-7322 (Fax).

H. Upon receipt of a verbal or written complaint, the NMDDPC office of guardianship shall:

(1) acknowledge receipt of a the complaint in writing;

(2) notify all parties involved; and

(3) initiate an investigation within 15 working days of the filing of the complaint with the NMDDPC office of the guardianship;

(4) where sufficient information is provided to allow the NMDDPC office of guardianship to continue the investigation, the NMDDPC office of guardianship will make further inquiries if possible or discontinue the investigation; justification for closure of investigations based on insufficient information will be documented.

I. A determination decision shall be made within 60 working days after the complaint is filed with the NMDDPC office of guardianship unless a shorter time frame is required to protect the protected person.

J. A determination decision shall include:

(1) the decision made;

(2) the basis for the decision;

(3) notice of the complaining party's right to file a complaint about the actions taken by the NMDDPC office of guardianship related to the investigational process pursuant to 9.4.21.15 NMAC;

(4) further actions to be taken by the NMDDPC office of guardianship and the contractor which may include, but shall not be limited to:

(a) the imposition of a corrective action plan on the contractor; and

(b) a referral of the complaint to other agencies for investigation and prosecution.

K. Persons objecting to the process of the complaint investigation taken by the NMDDPC office of guardianship may file a grievance against the NMDDPC office of guardianship with the New Mexico human services department pursuant to 9.4.21.15 NMAC below.

L. None of these regulations restrict the due process rights of an individual to request a less restrictive guardianship or to overturn the decision of a guardianship contractor or the NMDDPC office of guardianship through a court of law.

N.M. Admin. Code § 9.4.21.14

9.4.21.14 NMAC - N, 4/14/2006; A. 04/30/07; A, 9/15/11