2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 17 - Continuing Care › Section 24-17-16 - Identification and procedures for correction of violations.

A. The aging and long-term services department shall review disclosure statements filed pursuant to the Continuing Care Act for compliance with that act.
B. If the aging and long-term services department determines that a person or an organization has engaged in or is about to engage in an act or practice constituting a violation of the Continuing Care Act or any rule adopted pursuant to that act, the aging and long-term services department shall issue a notice of violation in writing to that person or organization and send copies to the resident association of any facility affected by the notice.
C. The notice of violation shall state the following:
(1) a description of a violation at issue;
(2) the action that, in the judgment of the aging and long-term services department, the provider should take to conform to the law or the assurances that the aging and long-term services department requires to establish that no violation is about to occur;
(3) the compliance date by which the provider shall correct any violation or submit assurances;
(4) the requirements for filing a report of compliance; and
(5) the applicable sanctions for failure to correct the violation or failure to file the report of compliance according to the terms of the notice of violation.
D. At any time after receipt of a notice of violation, the person or organization to which the notice is addressed or the aging and long-term services department may request a conference. The aging and long-term services department shall schedule a conference within thirty days of a request.
E. The purpose of the conference is to discuss the contents of the notice of violation and to assist the addressee to comply with the requirements of the Continuing Care Act. Subject to rules that the aging and long-term services department may promulgate, a representative of the resident association at any facility affected by the notice shall have a right to attend the conference.
F. A person receiving a notice of violation shall submit a signed report of compliance as provided by the notice. The aging and long-term services department shall send a copy to the resident association of any facility affected by the notice.
G. Upon receipt of the report of compliance, the aging and long-term services department shall take steps to determine that compliance has been achieved.
History:
Laws 1991, ch. 263, § 5; 2021, ch. 56, § 4.
ANNOTATIONS
The 2021 amendment,
effective June 18, 2021, required the aging and long-term services department to review disclosure statements filed pursuant to the Continuing Care Act for compliance with the act, replaced references to the state agency on aging with the aging and long-term services department, and extended the time within which the aging and long-term services department must schedule a conference following a notice of violation; substituted "state agency on aging" with "aging and long-term services department" throughout; added a new Subsection A and redesignated former Subsections A through F as Subsections B through G, respectively; and in Subsection D, after "schedule a conference within", changed "seven" to "thirty".