reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 2 - ADJUDICATORY HEARINGS FOR LICENSED FACILITIES › Section 8.370.2.37 - MANNER OF SERVICE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Service on
				the person or at the place where found: personal delivery of any notice shall
				be given when the applicant licensee or recipient of a cease and desist order
				is present, by personal delivery to the individual, applicant, licensee or
				recipient at the facility or where the person is found; if delivery is refused,
				service is effected by leaving the notice at the place where such person was
				found. If the person to be served refuses to accept the notice or to permit the
				notice to be left, valid service is achieved by the attempts described above to
				personally deliver or leave the notice.
B. Service on a representative: service shall
				be complete when the individual, applicant, licensee or recipient is absent, by
				personal delivery at the facility to an administrative or other employee who
				reasonably appears to be capable of delivering the notice to the applicant
				licensee, recipient; or if no such person is available or willing to accept
				delivery, service may be made by posting notice on the most public part of the
				facility and by mailing, by U.S. postal service return receipt requested mail,
				a copy of the notice to the individual, applicant licensee, or recipient at the
				facility address or to the known address of the individual.
C. Mail: when notice is given by U.S. postal
				service certified return receipt requested mail, service shall be deemed to
				have been made on the date delivered, or if delivery is refused, service shall
				be deemed to have been made on the date on which delivery is attempted for the
				purpose of calculating all time requirements in this rule. When notice or
				service is given by regular first class mail, then receipt shall be deemed to
				have occurred on the third day following deposit in the U.S. mail, except when
				the third day falls on a Saturday, Sunday or legal holiday in which case
				receipt shall be deemed to have occurred on the next working day.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 2 - ADJUDICATORY HEARINGS FOR LICENSED FACILITIES › Section 8.370.2.38 - PROOF OF SERVICE

Current through Register Vol. 35, No. 13, July 16, 2024
The licensing authority employee, authority representative,
				  or other individual making such service shall prepare and sign a statement
				  indicating upon whom, where and when such personal service was made. If
				  possible, the licensee's or applicant's or other recipient's signed
				  acknowledgment of notice may be obtained. Failure to make proof of service
				  shall not affect the validity of service. Personal service shall be deemed to
				  be made at the time that notice is handed to the recipient of service, left or
				  posted, in accordance with this section.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 2 - ADJUDICATORY HEARINGS FOR LICENSED FACILITIES › Section 8.370.2.39 - JUDICIAL REVIEW

Current through Register Vol. 35, No. 13, July 16, 2024
District court: to the extent provided by law, a final
				  decision may be reviewed by the district court for the county of Santa
				  Fe.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 2 - ADJUDICATORY HEARINGS FOR LICENSED FACILITIES › Section 8.370.2.40 - RULES GOVERNING JUDICIAL REVIEW

Current through Register Vol. 35, No. 13, July 16, 2024
The procedural rules for review of a final order are
				  contained in the New Mexico statutes governing procedure for civil cases in the
				  court of appeals and the district courts.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 2 - ADJUDICATORY HEARINGS FOR LICENSED FACILITIES › Section 8.370.2.41 - RECORD

Current through Register Vol. 35, No. 13, July 16, 2024
A. The appellant
				shall make satisfactory arrangements with the authority for the preparation of
				the record of the proceeding for which judicial review is sought.
B. The record shall consist of the official
				file maintained by the hearing officer together with exhibits admitted into
				evidence, and the tapes or other transcript of the hearing.
C. The expense of copying tape recorded
				testimony and any other expense of preparing the record, including copying
				costs, shall be borne by the appellant.
D. The appellant shall certify in applicable
				pleadings filed with the court that arrangements have been made for preparation
				of a sufficient number of transcripts of the hearing and other items making up
				the record of the proceedings.
E.
				Within 30 days after service of notice of judicial appeal, the authority shall
				file in the appropriate court a certified copy of the original and duplicate
				copies of the tapes of the hearing under review together with the original and
				copies of the official file maintained and certified by the hearing
				officer.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 2 - ADJUDICATORY HEARINGS FOR LICENSED FACILITIES › Section 8.370.2.42 - COURT ORDERED STAY

Current through Register Vol. 35, No. 13, July 16, 2024
Filing for judicial review does not itself stay enforcement
				  of the final decision. Any party may petition the court whose jurisdiction has
				  been properly invoked for an order staying enforcement.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 2 - ADJUDICATORY HEARINGS FOR LICENSED FACILITIES › Section 8.370.2.43 - STANDARD OF REVIEW

Current through Register Vol. 35, No. 13, July 16, 2024
The reviewing court shall set aside the final order only if
				  it is found to be:
A. arbitrary,
				capricious, or an abuse of discretion;
B. not supported by substantial evidence in
				the record;
C. beyond the authority
				of the authority; or
D. otherwise
				not in accordance with law.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 3 - HEALTH FACILITY LICENSURE FEES AND PROCEDURES › Section 8.370.3.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Health Care Authority.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 3 - HEALTH FACILITY LICENSURE FEES AND PROCEDURES › Section 8.370.3.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
These regulations apply to any health facility as defined by
				  Subsection D of Section 24-1-2 NMSA 1978, as amended which is licensed or is
				  required to be licensed, or any health facility which by federal regulations
				  must be licensed to obtain or maintain federal funding.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 3 - HEALTH FACILITY LICENSURE FEES AND PROCEDURES › Section 8.370.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The regulations set forth herein govern the imposition of
				  intermediate sanctions and civil monetary penalties levied on health facilities
				  licensed by the authority. These regulations have been promulgated by the
				  secretary of the New Mexico health care authority (authority), pursuant to the
				  general authority granted under Subsection E of Section 9-8-6 of the Health
				  Care Authority Act, NMSA 1978, as amended; and the authority granted under
				  Subsection D of Section 241-2, Subsection I of Section 24-1-3, and 24-1-5 of
				  the Public Health Act, NMSA 1978, as amended. Section 9-8-1 et seq. NMSA 1978
				  establishes the health care authority as a single, unified department to
				  administer laws and exercise functions relating to health care facility
				  licensure and health care purchasing and regulation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 3 - HEALTH FACILITY LICENSURE FEES AND PROCEDURES › Section 8.370.3.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 2024, unless a different date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 3 - HEALTH FACILITY LICENSURE FEES AND PROCEDURES › Section 8.370.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of these regulations is to:
A. comply with Section 24-1-5.2 NMSA 1978
				which mandates that the authority adopt and promulgate regulations specifying
				the criteria for imposition of any intermediate sanction, including the amount
				of monetary penalties and the type and extent of intermediate
				sanctions;
B. encourage health
				facilities to maintain compliance with licensing requirements and accelerate
				compliance when found in violation; intermediate sanctions and civil monetary
				penalties are intended as alternatives to implementation of more drastic
				measures such as revocation or suspension of license.
(1) The objective of the base penalty
				component of the civil monetary penalty is deterrence. The base penalty is
				imposed without regard to the time required for the correction.
(2) The objective of the daily penalty
				component of the civil monetary penalty is principally to motivate prompt
				correction of the deficiency and to protect the health and safety of the
				residents.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 3 - HEALTH FACILITY LICENSURE FEES AND PROCEDURES › Section 8.370.3.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
For purposes of these regulations the following shall
				  apply.
A.
"Abuse"
means
				any act or failure to act performed intentionally, knowingly or recklessly that
				causes or is likely to cause harm to a resident, including:
(1) physical contact that harms or is likely
				to harm a resident of a health facility;
(2) inappropriate use of a physical
				restraint, isolation, or medication that harms or is likely to harm a
				resident;
(3) inappropriate use of
				a physical or chemical restraint, medication, or isolation as punishment or in
				conflict with a physician's order;
(4) medically inappropriate conduct that
				causes or is likely to cause physical harm to a resident;
(5) medically inappropriate conduct that
				causes or is likely to cause great psychological harm to a resident;
(6) an unlawful act, a threat or menacing
				conduct directed toward a resident that results and might reasonably be
				expected to result in fear or emotional or mental distress to a
				resident.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 3 - HEALTH FACILITY LICENSURE FEES AND PROCEDURES › Section 8.370.3.8 - TYPES OF INTERMEDIATE SANCTIONS AND CIVIL MONETARY PENALTIES THAT MAY BE IMPOSED ON ANY LICENSED HEALTH CARE FACILITY

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 3 - HEALTH FACILITY LICENSURE FEES AND PROCEDURES › Section 8.370.3.9 - EMERGENCY APPLICATION

Current through Register Vol. 35, No. 13, July 16, 2024
The intermediate sanctions may be imposed on an emergency
				  basis when there exists an immediate threat to human health and safety. An
				  administrative hearing will be schedule within five working days, unless waived
				  by the facility. A request for a hearing does not stay the imposition of the
				  emergency sanction.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 3 - HEALTH FACILITY LICENSURE FEES AND PROCEDURES › Section 8.370.3.10 - ADDITIONAL TYPES OF INTERMEDIATE SANCTIONS AND CIVIL MONETARY PENALTIES THAT MAY BE IMPOSED ON MEDICAID CERTIFIED NURSING FACILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Denial of
				payment and a facility monitor:
The licensing authority may recommend
				denial of payment and a facility monitor to the medical assistance division,
				New Mexico health care authority, when survey findings document non-compliance
				with federal regulations governing conditions of participation. Substandard
				quality of care must be documented on three consecutive surveys. The facility
				monitor shall remain until the facility has demonstrated, to the satisfaction
				of the licensing authority, that it is in compliance with the conditions of
				participation and that it will remain in compliance with such
				requirements.
B.
Temporary
				management or termination of medicaid participation:
The licensing
				authority may impose temporary management or recommend termination of the
				medicaid provider participation agreement when survey findings document
				deficiencies which immediately jeopardize the health and safety of the
				residents. Notice of this sanction must provide that a hearing will be
				conducted within five working days of the imposition of the sanction.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 3 - HEALTH FACILITY LICENSURE FEES AND PROCEDURES › Section 8.370.3.11 - CONSIDERATIONS FOR IMPOSITION OF INTERMEDIATE SANCTIONS OR CIVIL MONETARY PENALTIES

Current through Register Vol. 35, No. 13, July 16, 2024
Before intermediate sanctions or civil monetary penalties are
				  imposed, they will be reviewed and approved by the director of the public
				  health division or their designee. The following factors shall be considered by
				  supervisory personnel of the licensing authority when determining whether to
				  impose one or more intermediate sanctions or civil monetary penalties:
A. death or serious injury to a patient,
				resident or client;
B. abuse,
				neglect or exploitation of a patient, resident or client;
C. regulatory violations which immediately
				jeopardize the health or safety of the patients, residents or clients of a
				health facility;
D. numerous
				violations, which combined, jeopardize the health or safety of patients,
				residents or clients of a health facility;
E. repetitive violations of the same nature
				found during two or more consecutive on-site visits or surveys of a health
				facility;
F. failure of a health
				facility to correct violations found during previous surveys or
				visits;
G. compliance
				history;
H. intentional deceit
				regarding condition of the facility;
I. effect of a civil monetary penalty on
				financial viability of the facility;
J. extenuating circumstances. Extenuating
				circumstances allow the licensing authority greater discretion to consider both
				mitigating and exacerbating circumstances not specifically defined.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 3 - HEALTH FACILITY LICENSURE FEES AND PROCEDURES › Section 8.370.3.12 - CORRECTION OF DEFICIENCIES

Current through Register Vol. 35, No. 13, July 16, 2024
When the licensing authority has determined deficiencies
				  exist, the facility must correct the deficiencies according to the following
				  time frames:
A.
Immediate
				response:
The risk of injury or harm created or presented by the Class A
				and B deficiencies must be immediately eliminated. Under no circumstance should
				a situation that presents a risk of injury or harm to residents be allowed to
				continue. The facility must immediately stop the risk of injury or harm, even
				if the Class A or B deficiency is not corrected, by eliminating such risk of
				injury or harm. The facility, in addition to any other sanction imposed by the
				licensing authority, shall submit a plan of correction addressing systemic
				causes of the deficiencies within a determinate period of time approved by the
				licensing authority.
B.
Plan
				of correction:
All deficiencies must be corrected within a fixed period
				of time approved by the licensing authority.
C.
Failure to timely correct:
A
				separate civil monetary penalty may be imposed for each uncorrected Class A,
				Class B or Class C deficiency for each day that the particular violation
				continues beyond the date specified for correction.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 3 - HEALTH FACILITY LICENSURE FEES AND PROCEDURES › Section 8.370.3.13 - CIVIL MONETARY PENALTIES; INITIAL BASE PENALTY

Current through Register Vol. 35, No. 13, July 16, 2024
The authority shall impose civil monetary penalties in
				  accordance with these regulations on licensed facilities, not to exceed $5,000
				  per day.
A.
Civil monetary
				penalty; initial base penalty assessed:
An initial base penalty amount
				is assessed when a civil monetary penalty is imposed. The base penalty amount
				is calculated at the rate of the most serious deficiency. For example, the base
				penalty amount is assessed at the rate applicable to a class A deficiency when
				the survey or investigation results in citation of regulatory violations
				comprising class A, class B and class C deficiencies, because the most serious
				regulatory violation is the class A deficiency. The base penalty is assessed
				once for the deficiencies cited by the licensing authority during any
				particular survey or investigation. The base penalty amount is usually greater
				than the daily penalty amount for the same deficiency.
B.
Civil monetary penalty; initial base
				penalty amount:
The licensing authority has the discretion to impose an
				initial base penalty at any amount within the range for each deficiency level.
(1) Class A deficiency: not less than $500
				and not greater than $5,000.
(2)
				Class B deficiency: not less than $300 and not greater than $3,000.
(3) Class C deficiency: not less than $100
				and not greater than $500.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 3 - HEALTH FACILITY LICENSURE FEES AND PROCEDURES › Section 8.370.3.14 - CIVIL MONETARY PENALTY; DAILY PENALTY

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Accrual:
The daily civil
				monetary penalty amount accrues from the date of harm or injury, or from the
				date of the regulatory noncompliance, or from the date of the facility's
				receipt of notice of the intermediate sanction, at the discretion of the
				licensing authority. The daily civil monetary penalty continues until notice is
				provided to the licensing authority that all the deficiencies which were
				originally cited and relied upon in calculating the amount of the daily penalty
				are corrected. No piecemeal reduction of the daily penalty is available for
				partial correction of regulatory violations cited as the basis for all or part
				of the daily penalty.
B.
Calculation of amount:
For a class A, class B, or class C
				deficiency, a daily civil monetary penalty is determined by multiplying the
				facility's licensed capacity times the facility penalty rate, times the
				severity index. The sum of the civil penalties for each class A, class B and
				class C deficiency is the total daily civil monetary penalty amount for all
				class A, class B and class C deficiencies. For each day that the total daily
				civil monetary penalty for each class A, class B and repeat class C deficiency
				exceeds $5,000, the civil monetary penalty is $5,000. Expressed as a formula,
				the calculation of the civil monetary penalty amount per deficiency equals the
				lesser of either:
(1) $5,000; or
(2) (licensed capacity) x (facility penalty
				rate) x (severity index).
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 3 - HEALTH FACILITY LICENSURE FEES AND PROCEDURES › Section 8.370.3.15 - CALCULATION OF AMOUNT OF CIVIL MONETARY PENALTY -DOUBLING FOR REPEAT DEFICIENCIES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
General:
In addition to doubling the base penalty, doubling the
				daily civil monetary penalty is authorized and is intended to eliminate repeat
				regulatory violations. Doubling occurs in instances where the facility was
				assessed a base penalty or a daily civil monetary penalty for class A or B
				deficiencies cited within the previous 24 months, and the facility is cited for
				noncompliance with one or more of the same regulations on the current survey or
				investigation for which the previous civil monetary penalty was assessed. The
				licensing authority has greater discretion to double the civil monetary penalty
				for class C deficiencies. Where the facility was assessed a civil monetary
				penalty for a class C deficiency within the previous 24 months, the civil
				monetary penalty may be doubled for the facility's noncompliance with the same
				regulation that previously was assessed as a class C deficiency. If such
				doubling of the civil monetary penalty results in civil monetary penalties in
				excess of five thousand dollars ($5,000) per day, then the civil monetary
				penalty is five thousand dollars ($5,000) per day.
B.
Doubling; repeat class A or B
				deficiencies:
The amount of the daily civil monetary penalty for a
				deficiency, as calculated above, shall be doubled for a second or subsequent
				violation of the same regulatory requirement or provision, the violation of
				which within the prior 24 month period, resulted in, or was part of a group of
				violations that resulted in, the imposition of intermediate sanctions or civil
				monetary penalties as class A or B deficiencies.
C.
Doubling; repeat class C
				deficiencies:
The amount of the daily civil monetary penalty may be
				doubled, in the discretion of the licensing authority, for a second or
				subsequent violation of the same regulatory requirement or provision, the
				violation of which within the prior 24 month period, resulted in, or was part
				of a group of violations that resulted in, the imposition of intermediate
				sanctions or in civil monetary penalties as a class C deficiency.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 3 - HEALTH FACILITY LICENSURE FEES AND PROCEDURES › Section 8.370.3.16 - LICENSED CAPACITY AND FACILITY PENALTY RATES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Licensed capacity:
For
				purposes of calculating the amount of civil monetary penalties, the facility's
				licensed capacity is determined by one of the following two methods, depending
				on the type of facility:
(1) For a facility
				having a capacity stated on its license, that capacity amount is employed in
				calculating the daily civil monetary penalty imposed by the licensing
				authority.
(2) For facilities not
				having a capacity reflected on the license, the licensed capacity will be based
				on the average number of patients or clients receiving services from the
				facility each day for the five working days preceding the day deficiencies were
				noted during the survey or investigation by the licensing
				authority.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 3 - HEALTH FACILITY LICENSURE FEES AND PROCEDURES › Section 8.370.3.17 - SEVERITY INDEX

Current through Register Vol. 35, No. 13, July 16, 2024
Three index ratings, in descending order of severity, are
				  established and applied as follows:
A.
Class A:
Severity index of five is applied for class A
				deficiencies.
B.
Class
				B:
Severity index of three is applied for class B
				deficiencies.
C.
Class
				C:
Severity index of one is applied for class C deficiencies.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 3 - HEALTH FACILITY LICENSURE FEES AND PROCEDURES › Section 8.370.3.18 - CIVIL MONETARY PENALTIES CUMULATIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The civil monetary penalties imposed by the licensing
				  authority are cumulative and are in addition to any other fines or penalties,
				  remedies, or other intermediate sanctions provided by law.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 3 - HEALTH FACILITY LICENSURE FEES AND PROCEDURES › Section 8.370.3.19 - PAYMENT OF MONETARY PENALTIES

Current through Register Vol. 35, No. 13, July 16, 2024
The following will govern the payment of monetary
				  penalties:
A. Unless an appeal has
				been filed, the facility has 30 calendar days to pay the monetary penalty.
				Calculation begins from the date the facility received the notice of penalty
				assessment.
B. Payment of monetary
				penalties must be in the form of a money order, certified check, business or
				personal check payable to state of New Mexico.
C. The check or money order must clearly
				indicate the purpose for the payment, i.e. payment of monetary
				penalty.
D. Payment shall be sent
				to health facility licensing and certification bureau, public health division,
				health care authority.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 3 - HEALTH FACILITY LICENSURE FEES AND PROCEDURES › Section 8.370.3.20 - COLLECTION OF CIVIL MONETARY PENALTY

Current through Register Vol. 35, No. 13, July 16, 2024
A civil monetary penalty assessed under these regulations
				  shall be paid to the authority within 30 days following such assessment or
				  following the resolution of any appeal. Interest shall accrue at the current
				  judgment interest rate after 30 days of such assessment or following the
				  resolution of any appeal. If the facility fails to submit payment of the civil
				  monetary penalty, then the authority is authorized to take any of the following
				  actions:
A. The authority may add the
				amount of the civil monetary penalty together with accrued interest to the
				facility's annual license fee. If the facility fails to pay such civil monetary
				penalty and accrued interest, the license shall not be renewed.
B. The authority may bring action in a court
				of competent jurisdiction to recover the amount of the civil monetary penalty
				and accrued interest.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 3 - HEALTH FACILITY LICENSURE FEES AND PROCEDURES › Section 8.370.3.21 - DAILY ACCRUAL OF CIVIL MONETARY PENALTIES

Current through Register Vol. 35, No. 13, July 16, 2024
The daily penalty of the civil monetary penalty is imposed
				  for each day that any cited deficiency exists.
A.
Begin date:
The accrual of
				the daily civil monetary penalties begins from the date of harm or injury, or
				from the date of the regulatory noncompliance, or from the date of the
				facility's receipt of notice of the intermediate sanction, at the discretion of
				the licensing authority.
B.
End date:
Daily civil monetary penalties cease accruing on the
				first full day that all deficiencies are corrected.
C.
Retroactive accrual for uncorrected
				deficiencies:
A civil monetary penalty may be assessed for uncorrected
				deficiencies cited in a revisit or follow up survey, when the facility was
				cited for such deficiencies, but was not assessed daily civil monetary
				penalties at the time of the preceding survey. The daily civil monetary penalty
				may accrue beginning with the date the uncorrected deficiencies were cited at
				the preceding survey.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 3 - HEALTH FACILITY LICENSURE FEES AND PROCEDURES › Section 8.370.3.22 - CESSATION OF DAILY ACCRUAL OF CIVIL MONETARY PENALTIES

Current through Register Vol. 35, No. 13, July 16, 2024
The licensing authority will terminate the daily accrual of
				  civil monetary penalties attributable to any class A, B, or C deficiency upon
				  the facility's provision of evidence to the licensing authority that the
				  specific deficiency has been corrected.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 3 - HEALTH FACILITY LICENSURE FEES AND PROCEDURES › Section 8.370.3.23 - SERVICE OF NOTICE

Current through Register Vol. 35, No. 13, July 16, 2024
The authority shall provide notification, by certified mail,
				  personal delivery, or by facsimile if the notice is also mailed, of its intent
				  to impose any intermediate sanction or civil monetary penalty. Notice may be
				  given of the intent to impose a civil monetary penalty where the total accrued
				  amount of the civil monetary penalty is not yet determined. Notice setting out
				  the base amount and final total accrued amount of the daily civil monetary
				  penalty shall be provided at the time of the determination. Notification of
				  other actions contemplated under these regulations may be by regular mail,
				  certified mail, or personal delivery or by facsimile if the notice is also
				  mailed. All time periods for response shall be calculated beginning on the date
				  of service, unless otherwise provided.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 3 - HEALTH FACILITY LICENSURE FEES AND PROCEDURES › Section 8.370.3.24 - RIGHT TO APPEAL

Current through Register Vol. 35, No. 13, July 16, 2024
The facility may appeal the authority's notice of license
				  suspension, license revocation, imposition of intermediate sanctions, or civil
				  monetary penalties. The administrative appeal hearing shall be conducted by an
				  impartial hearing officer appointed by the secretary of the
				  authority.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 3 - HEALTH FACILITY LICENSURE FEES AND PROCEDURES › Section 8.370.3.25 - TIMELINESS

Current through Register Vol. 35, No. 13, July 16, 2024
To obtain an administrative appeal hearing, the facility must
				  make a timely request in writing.
A.
Suspensions, revocations, intermediate sanctions, or civil monetary
				penalties:
The authority must receive written request for an appeal
				hearing within ten working days after the facility receives the authority's
				final notice of suspension, revocation, intermediate sanction, or civil
				monetary penalty. In any appeal of the authority's imposition of civil monetary
				penalties, final notice from which an appeal may be taken is that notice which
				sets out the total civil monetary penalty, including both the base amount and
				the daily accrual amount.
B.
Emergency suspension and emergency intermediate sanctions:
The
				authority shall provide notice of an administrative appeal hearing concurrently
				with notice of an emergency suspension or emergency intermediate sanction. The
				administrative appeal hearing is scheduled within five working days of the date
				of imposition of the authority's emergency action. The facility may waive this
				hearing and request a hearing at a later date. The authority must receive such
				a waiver and written request for a later hearing within four working days after
				the facility receives notice of the emergency action.
C.
Cease and desist order:
The
				authority must receive written request for an appeal hearing within five
				working days after the facility receives the cease and desist order.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 3 - HEALTH FACILITY LICENSURE FEES AND PROCEDURES › Section 8.370.3.26 - APPEAL PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
Adjudicatory Hearings, New Mexico Health care authority,
				  8.370.2 NMAC shall apply in all administrative appeals provided by these
				  regulations.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 3 - HEALTH FACILITY LICENSURE FEES AND PROCEDURES › Section 8.370.3.27 - RESOLUTION WITHOUT HEARING - PENALTY REDUCTION

Current through Register Vol. 35, No. 13, July 16, 2024
The facility may satisfy, in full, the amount of any civil
				  monetary penalty imposed under these regulations if, within ten working days
				  following receipt of the notice:
A.
				the authority receives the facility's written waiver of any right to appeal;
				and
B. the authority receives the
				facility's payment of one-half (fifty percent) of the amount of the civil
				monetary penalty imposed.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 3 - HEALTH FACILITY LICENSURE FEES AND PROCEDURES › Section 8.370.3.28 - STAY OF SANCTION

Current through Register Vol. 35, No. 13, July 16, 2024
The authority's receipt of the facility's notice of appeal
				  shall operate as a stay of suspension, revocation, intermediate sanction
				  (except temporary manager or monitor), or civil monetary penalty. In the case
				  of emergency suspension or emergency intermediate sanctions, however, neither
				  the immediate five day hearing nor the facility's request for a later hearing
				  will stay the authority's action.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 3 - HEALTH FACILITY LICENSURE FEES AND PROCEDURES › Section 8.370.3.29 - PREHEARING NEGOTIATIONS; NO TOLLING

Current through Register Vol. 35, No. 13, July 16, 2024
Discussions and negotiations between the authority and a
				  facility prior to hearing do not postpone any deadlines for an appeal, unless
				  as a result of negotiations the authority and facility agree to postponement in
				  writing.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 3 - HEALTH FACILITY LICENSURE FEES AND PROCEDURES › Section 8.370.3.30 - RELATED REGULATION AND CODES

Current through Register Vol. 35, No. 13, July 16, 2024
Health facilities subject to these regulations are also
				  subject to other regulations, codes and standards as the same may from time to
				  time be amended as follows:
A.
				Adjudicatory hearings, New Mexico health care authority, 8.370.2
				NMAC.
B. Requirements for long term
				care facilities, New Mexico health care authority, 8.370.16 NMAC.
C. Requirements for general and special
				hospitals, New Mexico health care authority, 8.370.12 NMAC.
D. Health facility licensure fees and
				procedures, New Mexico health care authority, 8.370.3 NMAC.
E. Requirements for adult day care
				facilities, New Mexico health care authority, 8.370.20 NMAC.
F. Requirements for adult residential care
				facilities, New Mexico health care authority, 8.370.14 NMAC.
G. Requirements for inhome and inpatient
				hospice care, New Mexico health care authority, 8.370.19 NMAC.
H. Requirements for home health agencies, New
				Mexico health care authority, 8.370.24 NMAC.
I. Requirements for facilities providing
				outpatient medical services and infirmaries, New Mexico health care authority,
				8.370.18 NMAC.
J. Requirements for
				intermediate care facilities for the mentally retarded, New Mexico health care
				authority, 8.370.22 NMAC.
K.
				Requirements for end stage renal disease facilities, New Mexico health care
				authority, 8.370.26 NMAC.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 4 - HEALTH FACILITY SANCTIONS AND CIVIL MONETARY PENALTIES › Section 8.370.4.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Health Care Authority.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 4 - HEALTH FACILITY SANCTIONS AND CIVIL MONETARY PENALTIES › Section 8.370.4.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
These regulations apply to any health facility as defined by
				  Subsection D of Section 24-1-2 NMSA 1978, as amended which is licensed or is
				  required to be licensed, or any health facility which by federal regulations
				  must be licensed to obtain or maintain federal funding.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 4 - HEALTH FACILITY SANCTIONS AND CIVIL MONETARY PENALTIES › Section 8.370.4.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The regulations set forth herein govern the imposition of
				  intermediate sanctions and civil monetary penalties levied on health facilities
				  licensed by the authority. These regulations have been promulgated by the
				  secretary of the New Mexico health care authority (authority), pursuant to the
				  general authority granted under Subsection E of Section 9-8-6 of the Health
				  Care Authority Act, NMSA 1978, as amended; and the authority granted under
				  Subsection D of Section 241-2, Subsection I of Section 24-1-3, and Section
				  24-1-5 of the Public Health Act, NMSA 1978, as amended. Section 9-8-1 et seq.
				  NMSA 1978 establishes the health care authority as a single, unified department
				  to administer laws and exercise functions relating to health care purchasing
				  and regulation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 4 - HEALTH FACILITY SANCTIONS AND CIVIL MONETARY PENALTIES › Section 8.370.4.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 2024, unless a different date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 4 - HEALTH FACILITY SANCTIONS AND CIVIL MONETARY PENALTIES › Section 8.370.4.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of these regulations is to:
A. comply with Section 24-1-5.2 NMSA 1978
				which mandates that the authority adopt and promulgate regulations specifying
				the criteria for imposition of any intermediate sanction, including the amount
				of monetary penalties and the type and extent of intermediate
				sanctions;
B. encourage health
				facilities to maintain compliance with licensing requirements and accelerate
				compliance when found in violation; intermediate sanctions and civil monetary
				penalties are intended as alternatives to implementation of more drastic
				measures such as revocation or suspension of license.
(1) The objective of the base penalty
				component of the civil monetary penalty is deterrence. The base penalty is
				imposed without regard to the time required for the correction.
(2) The objective of the daily penalty
				component of the civil monetary penalty is principally to motivate prompt
				correction of the deficiency and to protect the health and safety of the
				residents.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 4 - HEALTH FACILITY SANCTIONS AND CIVIL MONETARY PENALTIES › Section 8.370.4.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
For purposes of these regulations the following shall
				  apply.
A.
"Abuse"
means
				any act or failure to act performed intentionally, knowingly or recklessly that
				causes or is likely to cause harm to a resident, including:
(1) physical contact that harms or is likely
				to harm a resident of a health facility;
(2) inappropriate use of a physical
				restraint, isolation, or medication that harms or is likely to harm a
				resident;
(3) inappropriate use of
				a physical or chemical restraint, medication, or isolation as punishment or in
				conflict with a physician's order;
(4) medically inappropriate conduct that
				causes or is likely to cause physical harm to a resident;
(5) medically inappropriate conduct that
				causes or is likely to cause great psychological harm to a resident;
(6) an unlawful act, a threat or menacing
				conduct directed toward a resident that results and might reasonably be
				expected to result in fear or emotional or mental distress to a
				resident.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 4 - HEALTH FACILITY SANCTIONS AND CIVIL MONETARY PENALTIES › Section 8.370.4.8 - TYPES OF INTERMEDIATE SANCTIONS AND CIVIL MONETARY PENALTIES THAT MAY BE IMPOSED ON ANY LICENSED HEALTH CARE FACILITY

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 4 - HEALTH FACILITY SANCTIONS AND CIVIL MONETARY PENALTIES › Section 8.370.4.9 - EMERGENCY APPLICATION

Current through Register Vol. 35, No. 13, July 16, 2024
The intermediate sanctions may be imposed on an emergency
				  basis when there exists an immediate threat to human health and safety. An
				  administrative hearing will be schedule within five working days, unless waived
				  by the facility. A request for a hearing does not stay the imposition of the
				  emergency sanction.