New Mexico Administrative Code › Title 7 - HEALTH › Chapter 20 - MENTAL HEALTH › Part 12 - LICENSING REQUIREMENTS FOR CHILD AND ADOLESCENT MENTAL HEALTH FACILITIES › Section 7.20.12.20 - SANCTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Action plan: The
				LCA directs a facility to correct deficiencies within the time frame specified
				by the LCA through the submission of an action plan. At the discretion of the
				LCA, the action plan can be written by the facility and approved by the LCA or
				it may be a directed action plan that the LCA writes and is enforced by the
				facility within the time frame specified by the LCA. The facility produces
				proof of correction through submission of appropriate and relevant
				documentation. The LCA may conduct an on-site visit to review the facility,
				with emphasis on the previously noted deficiencies. If another on-site visit
				reveals other deficiencies, the LCA may amend either the action plan or the
				directed action plan to require compliance with any other deficiencies
				noted.
B. Restricted admissions or
				provision of services: The LCA restricts the facility from accepting any new
				clients or expanding into additional services until such time the identified
				deficiencies are corrected.
C.
				Maintenance or reduction of capacity: The LCA directs the facility to maintain
				or reduce the capacity of the facility until deficiencies are corrected and the
				LCA approves the corrections.
D.
				Compliance monitor: The LCA may select a compliance monitor for a specified
				period of time to closely observe a facilitys compliance efforts. The
				compliance monitor has authority to review all applicable facility records,
				policies, procedures and financial records and the authority to interview
				facility staff and clients. The compliance monitor may also provide
				consultation to the facility management to correct violations. The facility
				pays all costs of the compliance monitor.
E. Temporary management: The LCA may appoint
				professional temporary management with expertise in the field of child and
				adolescent mental health services the facility provides. The management
				appointed is primarily responsible for overseeing the operation of the
				facility, to protect the health and safety of its clients, to assess the
				correction of deficiencies, or to facilitate an orderly closure. The facility
				pays all costs of temporary management.
F. Suspension: The LCA suspends licensure for
				a specified period of time pending correction of deficiencies. During a period
				of suspension, the medicaid provider agreement terminates on the date of
				suspension.
G. Denial or revocation
				of license: The LCA denies initial licensure or renewal of licensure based upon
				deficiencies related to:
(1) abuse, neglect or
				exploitation of a client(s); or
(2)
				presence of, and/or a history of health and safety deficiencies found in
				current or previous surveys or on-site visits; or
(3) presence of, and/or a history of,
				licensure revocation, suspension or denial or sanctions or penalties or other
				similar disciplinary actions taken by the regulatory bodies in other states;
				or
(4) noncompliance with health
				and safety related regulations.