New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 8 - EMPLOYEE ABUSE REGISTRY › Section 8.370.8.8 - REGISTRY ESTABLISHED; PROVIDER INQUIRY REQUIRED

Current through Register Vol. 35, No. 13, July 16, 2024
Upon the effective date of this rule, the authority has
				  established and maintains an accurate and complete electronic registry that
				  contains the name, date of birth, address, social security number, and other
				  appropriate identifying information of all persons who, while employed by a
				  provider, have been determined by the authority, as a result of an
				  investigation of a complaint, to have engaged in a substantiated
				  registry-referred incident of abuse, neglect or exploitation of a person
				  receiving care or services from a provider. Additions and updates to the
				  registry shall be posted no later than two business days following receipt.
				  Only authority staff designated by the custodian may access, maintain and
				  update the data in the registry.
A.
Provider requirement to inquire of registry.
A provider, prior to
				employing or contracting with an employee, shall inquire of the registry
				whether the individual under consideration for employment or contracting is
				listed on the registry.
B.
Prohibited employment.
A provider may not employ or contract with
				an individual to be an employee if the individual is listed on the registry as
				having a substantiated registry-referred incident of abuse, neglect or
				exploitation of a person receiving care or services from a provider.
C.
Applicant's identifying information
				required.
In making the inquiry to the registry prior to employing or
				contracting with an employee, the provider shall use identifying information
				concerning the individual under consideration for employment or contracting
				sufficient to reasonably and completely search the registry, including the
				name, address, date of birth, social security number, and other appropriate
				identifying information required by the registry.
D.
Documentation of inquiry to
				registry.
The provider shall maintain documentation in the employee's
				personnel or employment records that evidences the fact that the provider made
				an inquiry to the registry concerning that employee prior to employment. Such
				documentation must include evidence, based on the response to such inquiry
				received from the custodian by the provider, that the employee was not listed
				on the registry as having a substantiated registry-referred incident of abuse,
				neglect or exploitation.
E.
Documentation for other staff.
With respect to all employed or
				contracted individuals providing direct care who are licensed health care
				professionals or certified nurse aides, the provider shall maintain
				documentation reflecting the individual's current licensure as a health care
				professional or current certification as a nurse aide.
F.
Consequences of
				noncompliance.
The authority or other governmental agency having
				regulatory enforcement authority over a provider may sanction a provider in
				accordance with applicable law if the provider fails to make an appropriate and
				timely inquiry of the registry, or fails to maintain evidence of such inquiry,
				in connection with the hiring or contracting of an employee; or for employing
				or contracting any person to work as an employee who is listed on the registry.
				Such sanctions may include a directed plan of correction, civil monetary
				penalty not to exceed $5,000 per instance, or termination or non-renewal of any
				contract with the authority or other governmental agency.