reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 19 - LONG TERM CARE OMBUDSMAN › Section 9.2.19.35 - FAILURE TO IDENTIFY OR REMEDY A CONFLICT OF INTEREST

Current through Register Vol. 35, No. 13, July 16, 2024
A. Failure on the part of an ombudsman or
				provider agency to identify and report to the state ombudsman a known conflict
				of interest shall be sufficient grounds for refusal to designate or for
				de-designation of the provider agency or for refusal to certify or for
				de-certification of the ombudsman.
B. Existence of an un-remedied conflict of
				interest shall be sufficient grounds for the de-designation of a provider
				agency or de-certification of an ombudsman.
C. Failure on the part of an ombudsman to
				identify and report to the state ombudsman a known conflict of interest shall
				be sufficient grounds for the de-certification of the ombudsman.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 19 - LONG TERM CARE OMBUDSMAN › Section 9.2.19.36 - LONG-TERM CARE OMBUDSMAN RECORDS POLICY

Current through Register Vol. 35, No. 13, July 16, 2024
Records of the program shall be confidential and may be
				  disclosed only in limited circumstances specifically provided by applicable law
				  and these regulations.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 19 - LONG TERM CARE OMBUDSMAN › Section 9.2.19.37 - ACCESS TO LONG-TERM CARE OMBUDSMAN RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. All program client records are the
				property of the office. The state ombudsman or designee shall have access to
				all program records at all times for any lawful purpose.
B. Ombudsmen are permitted access to such
				records as may be necessary to discharge their responsibilities in complaint
				processing or other responsibilities under these regulations.
C. All records of another agency
				participating in the joint protocol established under the provisions of
				Subsection L of Section
				24-1-5 NMSA 1978 that may come
				into the possession of the program and that include identifying or otherwise
				confidential resident or complainant information shall be held and disclosed in
				the same manner as program records hereunder, except to the extent that such
				other agency imposes stricter requirements or restrictions for disclosure, to
				which extent the rules of such other agency shall be observed to the extent
				permitted by law.
D. All
				information concerning residents or complainants shall be handled with the
				utmost care and discretion. No ombudsman shall disclose any information or
				record that includes, implies or describes the identity of any complainant or
				resident about whom the office maintains files or records unless:
(1) the complainant or resident or his or her
				surrogate decision maker consent in writing to the disclosure;
(2) the complainant or resident gives
				informed consent, which is documented immediately in writing by an
				ombudsman;
(3) disclosure is
				necessary for the provision of services to the resident or the resident is
				unable to provide informed consent; or
(4) disclosure is ordered by a court of
				competent jurisdiction.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 19 - LONG TERM CARE OMBUDSMAN › Section 9.2.19.38 - PROCEDURE FOR RELEASE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Records maintained
				by the program may not be released, disclosed, duplicated, or removed to anyone
				who is not an ombudsman without the written permission of the state ombudsman.
				All requests made for ombudsman records shall be referred to the state
				ombudsman or designee.
B. The state
				ombudsman or designee shall determine whether to disclose all or part of the
				records as follows:
(1) The state ombudsman
				shall require that the request be made in writing and may require a copy of the
				request before determining the appropriate response. Where the request is made
				orally by a resident, complainant, or surrogate decision maker of the resident
				or complainant, the request must be documented immediately and filed as an
				ombudsman record by the ombudsman to whom informed consent was communicated in
				order to meet this requirement.
(2)
				The state ombudsman shall review the request to determine whether the release
				of all or part of the records would be consistent with the wishes or interest
				of the relevant resident(s).
(3)
				The state ombudsman shall notify the department's cabinet secretary and the
				state ombudsman's immediate supervisor (if the immediate supervisor is someone
				other than the cabinet secretary) of any public media request for records
				within 24 hours of the request.
(4)
				The state ombudsman or designee shall refer any request made by formal legal
				process to the program's legal counsel. The state ombudsman shall be
				responsible to ensure that a response is timely filed and endeavor to prevent
				any release that would be inconsistent with the interests of the
				resident(s).
(5) Any request for
				information made under the state Inspection of Public Records Act (IPRA)
				directly to the program shall be forwarded to the department's records
				custodian within 24 hours. The department's records custodian shall respond in
				writing within 15 days to the requestor after consulting with the state
				ombudsman and the department's general counsel or designee. The ombudsman shall
				make the final decision whether to disclose records in response to an IPRA
				request, keeping in mind that program records are not public records and are
				therefore exempt from IPRA. Notwithstanding the foregoing, the state ombudsman
				may release records provided they do not name or provide personally identifying
				information of residents or complainants as it deems appropriate, provided such
				disclosure is not made pursuant to an IPRA request.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 19 - LONG TERM CARE OMBUDSMAN › Section 9.2.19.40 - LEGAL COUNSEL

Current through Register Vol. 35, No. 13, July 16, 2024
A. Pursuant to
				45 CFR
				1324.15(j), the department
				shall ensure that:
(1) legal counsel for the
				program is adequate, available, has competencies relevant to the legal needs of
				the program and of the residents, and is without conflict of interest, in order
				to:
(a) provide consultation and
				representation as needed in order for the program to protect the health,
				safety, welfare and rights of residents; and
(b) provide consultation or representation as
				needed to assist the state ombudsman and representatives of the office in the
				performance of their official functions, responsibilities and duties, including
				complaint resolution and advocacy; and
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 19 - LONG TERM CARE OMBUDSMAN › Section 9.2.19.41 - ANONYMOUS EVALUATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Chapter 28,
				Articles 7 and 17 of the NMSA 1978 authorize and direct the department and the
				office to protect the health, safety, welfare and rights of the aged and other
				residents of long-term care facilities in this state, to investigate and
				resolve complaints of such residents, and to report on conditions of long-term
				care facilities. Subsection C of Section
				28-4-6 NMSA 1978 specifically
				provides that the department may conduct unannounced evaluations of long-term
				care facilities by the use of undercover residents or employees. Pursuant to
				its authority as the parent agency of the office, the department may carry out
				such evaluations by and through the office; however, under no circumstances
				shall federal funding be used for such anonymous evaluations.
B. The department shall conduct all
				undercover evaluations authorized by Subsection C of 28-4-6 NMSA 1978 in
				accordance with its procedures for the conduct of anonymous evaluations of
				long-term care facilities adopted pursuant to such authority and in
				consultation with the department's cabinet secretary.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 20 - CAPS ON REIMBURSEMENT FOR INDIRECT COSTS TO INDIAN TRIBAL ORGANIZATIONS IN INTERGOVERNMENTAL AGREEMENTS › Section 9.2.20.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Aging and Long Term Services Department
				  (NMALTSD)
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 20 - CAPS ON REIMBURSEMENT FOR INDIRECT COSTS TO INDIAN TRIBAL ORGANIZATIONS IN INTERGOVERNMENTAL AGREEMENTS › Section 9.2.20.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part applies only to intergovernmental agreements with
				  Indian tribal organizations.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 20 - CAPS ON REIMBURSEMENT FOR INDIRECT COSTS TO INDIAN TRIBAL ORGANIZATIONS IN INTERGOVERNMENTAL AGREEMENTS › Section 9.2.20.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Aging and Long-Term Services Department Act, Sections
				  9-23-1 to
				  9-23-12 NMSA 1978; Older Americans
				  Act of 1965, 42 U.S.C.
				  Sections 3001 to
				  3058, and implementing
				  regulations.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 20 - CAPS ON REIMBURSEMENT FOR INDIRECT COSTS TO INDIAN TRIBAL ORGANIZATIONS IN INTERGOVERNMENTAL AGREEMENTS › Section 9.2.20.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
June 30, 2015, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 20 - CAPS ON REIMBURSEMENT FOR INDIRECT COSTS TO INDIAN TRIBAL ORGANIZATIONS IN INTERGOVERNMENTAL AGREEMENTS › Section 9.2.20.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to establish the extent to which
				  the department will reimburse Indian tribal organizations for indirect costs
				  incurred in the performance of intergovernmental agreements.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 20 - CAPS ON REIMBURSEMENT FOR INDIRECT COSTS TO INDIAN TRIBAL ORGANIZATIONS IN INTERGOVERNMENTAL AGREEMENTS › Section 9.2.20.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
As used in this part, "indirect cost" means a cost that has
				  been incurred for common or joint purposes and benefits more than one (1)
				  activity, such as an intergovernmental agreement or grant. Indirect costs
				  cannot be readily identified with a particular activity without effort
				  disproportionate to the results achieved.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 20 - CAPS ON REIMBURSEMENT FOR INDIRECT COSTS TO INDIAN TRIBAL ORGANIZATIONS IN INTERGOVERNMENTAL AGREEMENTS › Section 9.2.20.8 - INDIRECT COSTS

Current through Register Vol. 35, No. 13, July 16, 2024
The department shall allow for indirect costs in
				  intergovernmental agreements for services with any Indian tribal organization
				  of up to ten percent (10%) of the total agreement amount, as requested and as
				  determined on a specific basis, provided that the Indian tribal organization
				  has a federally approved indirect cost rate. No indirect costs shall be allowed
				  for capital projects.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 21 - CIVIL PENALTY ASSESSMENTS BY THE STATE LONG-TERM CARE OMBUDSMAN › Section 9.2.21.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is adopted pursuant to the terms of
				  42 U.S.C. Section
				  3058 g(j), Sections 28 - 4 - 6(B), 28 - 17 -
				  5 and 28 - 17 - 19 NMSA 1978 and  Laws 2004, Ch. 23, Sec.
				  6(E).
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 21 - CIVIL PENALTY ASSESSMENTS BY THE STATE LONG-TERM CARE OMBUDSMAN › Section 9.2.21.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
April 1, 2004, unless a later date is cited in the history
				  note at the end of a section.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 21 - CIVIL PENALTY ASSESSMENTS BY THE STATE LONG-TERM CARE OMBUDSMAN › Section 9.2.21.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule establishes a schedule of civil penalties that will
				  be imposed on persons or entities that violate Section
				  28-17-19 NMSA
				  1978.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 21 - CIVIL PENALTY ASSESSMENTS BY THE STATE LONG-TERM CARE OMBUDSMAN › Section 9.2.21.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The following terms are used in this rule:
A.
"civil penalty assessment"
means a civil monetary penalty imposed on a person or entity by the state
				long-term care ombudsman pursuant to the terms of Section
				28-17-19 NMSA 1978 and this
				rule;
B.
"department"
means the aging and long-term services department. It is the state department
				charged, among other things, with implementing the requirements of the federal
				Older Americans Act of 1965, as amended (
				42 U.S.C. Section
				3001, et seq.);
C.
"long-term care ombudsman
				program"
means the program administered by the state long-term care
				ombudsman; and
D.
"state
				long-term care ombudsman"
means the office established pursuant to the
				terms of 42 U.S.C. Section
				3058 g and Section 28 - 17 - 4 NMSA 1978 to,
				among other things, identify, investigate and resolve complaints that are made
				by, or on behalf of, residents of long-term care facilities and that relate to
				action, inaction or decisions that may adversely affect the health, safety,
				welfare or rights of the residents.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 21 - CIVIL PENALTY ASSESSMENTS BY THE STATE LONG-TERM CARE OMBUDSMAN › Section 9.2.21.8 - WILLFUL INTERFERENCE WITH LONG-TERM CARE OMBUDSMAN PROGRAM

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any person or
				entity that willfully interferes with the lawful actions of the long-term care
				ombudsman program shall be subjected to civil penalties up to a maximum of
				$5,000 per occurrence as follows:
(1) failing
				to allow an ombudsman immediate entry into a long-term care facility: $500
				minimum per occurrence;
(2)
				imposing unreasonable time limits or constraints on visiting a long-term care
				facility or its residents or employees: $500 minimum per occurrence;
(3) failing to provide an ombudsman, upon
				proper written request, immediate access to readily available medical,
				personal, financial or other nonmedical records, including administrative
				records, policies, procedures or documents that concern, involve or pertain to
				a resident's diet, comfort, health, safety or welfare, but not including
				internal quality assurance or risk management reports: $500 minimum per
				occurrence;
(4) failing to provide
				an ombudsman, upon proper written request, access within twenty-four hours to
				nonreadily available medical, personal, financial or other nonmedical records,
				including administrative records, policies, procedures or documents that
				concern, involve or pertain to a resident's diet, comfort, health, safety or
				welfare, but not including internal quality assurance or risk management
				reports: $500 minimum per occurrence;
(5) failing to honor a legally-executed
				HIPAA-compliant authorization form from a resident or a resident's surrogate
				decision maker for release of records, or failing to honor a written
				authorization form signed by the state long-term care ombudsman or an ombudsman
				coordinator in accordance with Section 28-17-13(B) NMSA 1978, or requiring
				redundant or legally-unnecessary forms to be completed: $500 minimum per
				occurrence;
(6) eavesdropping on
				any private conversation between an ombudsman and a resident or any other
				person: $500 minimum per occurrence;
(7) failing to provide a quiet private place
				for an ombudsman to meet with a resident or any other person: $500 minimum per
				occurrence;
(8) instructing a
				resident, employee or any other person not to file a complaint with the
				long-term care ombudsman program, or not to provide information to, or
				otherwise cooperate with, the long-term care ombudsman program: $2,500 minimum
				per occurrence;
(9) willfully
				concealing facts from, or misrepresenting facts to, an ombudsman: $2,500
				minimum per occurrence;
(10)
				failing to acknowledge and act timely upon communications with an ombudsman
				relating to an investigation: $500 minimum per occurrence; and
(11) any other willful action that interferes
				with the lawful actions of the long-term care ombudsman program: $250 minimum
				per occurrence.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 21 - CIVIL PENALTY ASSESSMENTS BY THE STATE LONG-TERM CARE OMBUDSMAN › Section 9.2.21.9 - RETALIATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any person or
				entity that discriminates against, disciplines, or retaliates against any
				resident, employee, or other person for filing a complaint with the long-term
				care ombudsman program, or for providing information to, or otherwise
				cooperating with, the long-term care ombudsman program shall be subjected to
				civil penalties up to a maximum of $10,000 per occurrence as follows:
(1) discharging a resident: $10,000 per
				occurrence;
(2) withholding
				treatment to, or medication from, a resident: $2,500 minimum per
				occurrence;
(3) isolating a
				resident or changing a resident's room: $1,000 minimum per
				occurrence;
(4) restricting a
				resident's ability to communicate with others: $1,000 minimum per
				occurrence;
(5) ignoring a
				resident's request for assistance or delaying response to a request: $1,000
				minimum per occurrence;
(6) taking
				a resident's property, even if the property has no value: $1,000 minimum per
				occurrence;
(7) terminating an
				employee of a long-term care facility: $10,000 per occurrence;
(8) suspending, demoting or taking any other
				action with monetary consequences against an employee of a long-term care
				facility: $2,500 minimum per occurrence;
(9) barring a person from a facility: $1,000
				minimum per occurrence; and
(10)
				instituting any other discriminatory, disciplinary or retaliatory action
				against a resident, a resident's family member or other representative, an
				employee, or any other person: $500 minimum per occurrence.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 21 - CIVIL PENALTY ASSESSMENTS BY THE STATE LONG-TERM CARE OMBUDSMAN › Section 9.2.21.10 - CIVIL PENALTY ASSESSMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Upon determining that there has been a
				violation of Section
				28-17-19 NMSA 1978 and this rule,
				the state long-term care ombudsman may deliver to the person or entity charged
				with the violation a notice of civil penalty assessment. The notice shall be
				delivered in person or by certified mail, return receipt requested. The notice
				shall include:
(1) the name and address of the
				person or entity to whom the civil penalty assessment is directed;
(2) the date of the civil penalty
				assessment;
(3) the basis for the
				civil penalty assessment;
(4) the
				amount of the civil penalty assessment;
(5) the date the civil penalty assessment is
				due for payment; and
(6) notice of
				the right to request a hearing before the department to challenge the civil
				penalty assessment.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 21 - CIVIL PENALTY ASSESSMENTS BY THE STATE LONG-TERM CARE OMBUDSMAN › Section 9.2.21.11 - RECOVERY PROHIBITED

Current through Register Vol. 35, No. 13, July 16, 2024
No person or entity that has been issued a civil penalty
				  assessment shall recover or attempt to recover the assessment or any portion of
				  it, directly or indirectly, from any resident of a long-term care facility or
				  from any person, insurer, governmental agency or other entity that may be
				  responsible for paying for the services rendered to a resident of a
				  facility.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 22 - HEARINGS TO CHALLENGE CIVIL PENALTY ASSESSMENTS BY THE STATE LONG-TERM CARE OMBUDSMAN › Section 9.2.22.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Aging and Long-Term Services Department.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 22 - HEARINGS TO CHALLENGE CIVIL PENALTY ASSESSMENTS BY THE STATE LONG-TERM CARE OMBUDSMAN › Section 9.2.22.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to the general public and governs the
				  hearings conducted by the aging and long-term services department to address
				  civil penalties that have been assessed on persons or entities by the state
				  long-term care ombudsman. It does not govern other hearings conducted by the
				  department.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 22 - HEARINGS TO CHALLENGE CIVIL PENALTY ASSESSMENTS BY THE STATE LONG-TERM CARE OMBUDSMAN › Section 9.2.22.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is adopted pursuant to the terms of
				  42 U.S.C. Section
				  3058 g(j), Sections 28 - 4 - 6(B), 28 - 17 -
				  5 and 28 - 17 - 19 NMSA 1978 and  Laws 2004, Ch. 23, Sec.
				  6(E).
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 22 - HEARINGS TO CHALLENGE CIVIL PENALTY ASSESSMENTS BY THE STATE LONG-TERM CARE OMBUDSMAN › Section 9.2.22.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
April 1, 2004, unless a later date is cited in the history
				  note at the end of a section.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 22 - HEARINGS TO CHALLENGE CIVIL PENALTY ASSESSMENTS BY THE STATE LONG-TERM CARE OMBUDSMAN › Section 9.2.22.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule establishes a hearing procedure for a person or
				  entity to challenge a civil penalty assessment that has been issued to it by
				  the state long-term care ombudsman pursuant to the terms of Section
				  28-17-19 NMSA 1978 and applicable
				  department regulations.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 22 - HEARINGS TO CHALLENGE CIVIL PENALTY ASSESSMENTS BY THE STATE LONG-TERM CARE OMBUDSMAN › Section 9.2.22.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The following terms are used in this rule:
A.
"assessed party"
means a
				person or entity that has been issued a civil penalty assessment by the state
				long-term care ombudsman;
B.
"civil penalty assessment"
means a civil monetary penalty imposed on a
				person or entity by the state long-term care ombudsman pursuant to the terms of
				Section 28-17-19 NMSA 1978 and applicable
				department regulations;
C.
"department"
means the aging and long-term services department. It is
				the state department charged, among other things, with implementing the
				requirements of the federal Older Americans Act of 1965, as amended (
				42 U.S.C. Section
				3001, et seq.);
D.
"hearing officer"
means an
				impartial person designated by the secretary to preside over proceedings under
				this rule. A hearing officer may be an employee of the department (except for
				an employee of the long-term care ombudsman program), a policy advisory
				committee member, or any other impartial person. A hearing officer may be, but
				is not required to be, an attorney at law;
E.
"long-term care ombudsman
				program"
means the program administered by the state long-term care
				ombudsman;
F.
"parties"
mean the assessed party and the state long-term care
				ombudsman;
G.
"secretary"
means the secretary of the department; and
H.
"state long-term care
				ombudsman"
means the office established pursuant to the terms of
				42 U.S.C. Section
				3058 g and Section 28 - 17 - 4 NMSA 1978 to,
				among other things, identify, investigate and resolve complaints that are made
				by, or on behalf of, residents of long-term care facilities and that relate to
				action, inaction or decisions that may adversely affect the health, safety,
				welfare or rights of the residents.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 22 - HEARINGS TO CHALLENGE CIVIL PENALTY ASSESSMENTS BY THE STATE LONG-TERM CARE OMBUDSMAN › Section 9.2.22.8 - REPRESENTATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. A natural person
				may appear as a party on his or her own behalf or by an attorney licensed to
				practice law in New Mexico.
B. The
				state long-term care ombudsman, corporations and other legal entities may be
				represented by a duly authorized officer or employee of the entity or by an
				attorney licensed to practice law in New Mexico.
C. An attorney for a party must file an entry
				of appearance at least ten (10) working days before the commencement of any
				hearing. The attorney of record for a party shall be deemed to continue to be
				the attorney of record until written notice of withdrawal of representation is
				provided to the hearing officer and the parties.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 22 - HEARINGS TO CHALLENGE CIVIL PENALTY ASSESSMENTS BY THE STATE LONG-TERM CARE OMBUDSMAN › Section 9.2.22.9 - REQUEST FOR HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
A. An
				assessed party may request a hearing before the department. The request for
				hearing shall be in writing and received by the secretary no later than ten
				(10) working days from the date that the assessed party receives the civil
				penalty assessment. The request for hearing shall include:
(1) the name and address of the assessed
				party;
(2) a copy of the civil
				penalty assessment;
(3) a brief
				statement of the factual or legal bases upon which the assessed party
				challenges the civil penalty assessment; and
(4) a statement of the relief
				requested.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 22 - HEARINGS TO CHALLENGE CIVIL PENALTY ASSESSMENTS BY THE STATE LONG-TERM CARE OMBUDSMAN › Section 9.2.22.10 - APPOINTMENT OF HEARING OFFICER

Current through Register Vol. 35, No. 13, July 16, 2024
Within five (5) working days of receipt of a timely request
				  for hearing, the secretary will appoint a hearing officer and will send written
				  notice of the appointment to the parties.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 22 - HEARINGS TO CHALLENGE CIVIL PENALTY ASSESSMENTS BY THE STATE LONG-TERM CARE OMBUDSMAN › Section 9.2.22.11 - NOTICE OF HEARING AND TIME LIMITS FOR HOLDING HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
A. Within ten (10) working days of
				appointment, the hearing officer will establish the date, time and place of the
				hearing. The hearing will be no more than one hundred twenty (120) calendar
				days from the date of the civil penalty assessment unless the parties agree
				otherwise.
B. The hearing officer
				will issue a notice of hearing at least thirty (30) calendar days before the
				hearing date, unless the parties agree to a shorter timeframe. The notice will
				be served on the parties by certified mail, return receipt requested. At the
				discretion of the hearing officer, the notice may be served by regular mail or
				other appropriate means on any other persons or entities that may have an
				interest in the proceedings.
C. The
				notice of hearing shall include:
(1) the name
				of the assessed party;
(2) the name
				and address of the state long-term care ombudsman;
(3) the time, date, place, and nature of the
				hearing; and
(4) a statement of the
				legal authority under which the hearing is to be held.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 22 - HEARINGS TO CHALLENGE CIVIL PENALTY ASSESSMENTS BY THE STATE LONG-TERM CARE OMBUDSMAN › Section 9.2.22.12 - VENUE

Current through Register Vol. 35, No. 13, July 16, 2024
Unless the parties agree otherwise, the hearing will be held
				  in the county where the events allegedly occurred that gave rise to the civil
				  penalty assessment or where the long-term care facility in question is
				  located.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 22 - HEARINGS TO CHALLENGE CIVIL PENALTY ASSESSMENTS BY THE STATE LONG-TERM CARE OMBUDSMAN › Section 9.2.22.13 - POWERS AND DUTIES OF THE HEARING OFFICER

Current through Register Vol. 35, No. 13, July 16, 2024
The hearing officer shall have the authority to:
A. preside over hearings;
B. assure that hearings are properly
				recorded;
C. administer oaths and
				affirmations to the witnesses;
D.
				issue subpoenas and subpoenas
duces tecum
;
E. establish procedural schedules;
F. rule on motions and procedural
				requests;
G. require parties to
				attend hearings, pre-hearing conferences and settlement conferences;
H. require parties to produce for examination
				information or witnesses under their control;
I. require parties to express their positions
				on any issues in the proceedings;
J. require parties to submit legal briefs on
				any issues in the proceedings;
K.
				examine witnesses, and permit parties to examine witnesses;
L. determine the admissibility of
				evidence;
M. take official notice
				of any matter that is among the traditional matters of official or
				administrative notice in accordance with the terms of this rule;
N. recess any hearing from time to
				time;
O. regulate the course of the
				proceedings and the conduct of any participants;
P. take any action reasonably necessary to
				compel discovery or control the conduct of parties or witnesses;
Q. issue a recommended decision on the merits
				of a case, including findings of fact and conclusions of law;
R. approve settlements or other pre-hearing
				or post-hearing dispositions of cases by the parties, subject to final approval
				by the secretary; and
S. take any
				other action reasonably necessary to conclude the proceedings in a timely and
				fair manner.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 22 - HEARINGS TO CHALLENGE CIVIL PENALTY ASSESSMENTS BY THE STATE LONG-TERM CARE OMBUDSMAN › Section 9.2.22.14 - APPLICABILITY OF RULES OF CIVIL PROCEDURE AND RULES OF EVIDENCE

Current through Register Vol. 35, No. 13, July 16, 2024
Although formal rules of civil procedure and evidence do not
				  apply, the hearing officer may look to the New Mexico rules of civil procedure
				  and the New Mexico rules of evidence for guidance during the course of the
				  proceedings. In addition, the hearing officer's recommended decision and the
				  secretary's final decision must be supported by a residuum of legally competent
				  evidence as would support a verdict in a court of law.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 22 - HEARINGS TO CHALLENGE CIVIL PENALTY ASSESSMENTS BY THE STATE LONG-TERM CARE OMBUDSMAN › Section 9.2.22.15 - COMMUNICATIONS WITH SECRETARY AND HEARING OFFICER

Current through Register Vol. 35, No. 13, July 16, 2024
A. No party, representative of a party, or
				other person shall communicate off the record about the merits of a case with
				the secretary or the hearing officer unless the communication is in writing and
				a copy is provided to all parties to the proceedings.
B. The secretary and the hearing officer
				shall not communicate off the record about the merits of a case with any party,
				representative of a party, or other person unless the communication is in
				writing and a copy is sent to all parties to the proceedings.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 22 - HEARINGS TO CHALLENGE CIVIL PENALTY ASSESSMENTS BY THE STATE LONG-TERM CARE OMBUDSMAN › Section 9.2.22.16 - PRE-HEARING DISCLOSURES AND DISCOVERY

Current through Register Vol. 35, No. 13, July 16, 2024
A. Upon written request of any party, the
				hearing officer may require parties to comply with reasonable discovery
				requests. Oral and written depositions are prohibited except to preserve the
				testimony of persons who are sick or elderly, or persons who will not be able
				to attend the hearing.
B. At least
				fifteen (15) calendar days before the hearing, each party shall file the
				following information with the hearing officer and send copies to the other
				parties:
(1) the name of each witness that
				the party will or may call at the hearing;
(2) a summary of the anticipated direct
				testimony of each witness and, if the testimony includes expert opinions, a
				list of documents or other information that provides the bases for those
				opinions;
(3) an estimate of the
				length of time for the direct testimony of each witness; and
(4) a list of exhibits that will or may be
				offered into evidence at the hearing. In addition, each party shall provide the
				other parties, but not the hearing officer, with copies of all exhibits that
				are identified on the exhibit list but have not been provided
				previously.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 22 - HEARINGS TO CHALLENGE CIVIL PENALTY ASSESSMENTS BY THE STATE LONG-TERM CARE OMBUDSMAN › Section 9.2.22.17 - SUBPOENAS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Pursuant to
				Section 28-17-19(C) NMSA 1978, upon the written request of a party, the hearing
				officer may issue subpoenas to compel attendance of witnesses or production of
				records in connection with proceedings before the department.
B. In order to subpoena a person who is not a
				party to the proceedings, or an agent or representative of a party, the party
				requesting the subpoena shall tender witness fees and mileage to the person
				subpoenaed in accordance with the terms of Rule 1-045 NMRA.
C. The hearing officer may condition a
				subpoena to permit the inspection and copying of records upon the party
				requesting the subpoena paying the person subpoenaed the reasonable cost of
				inspection and copying in advance.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 22 - HEARINGS TO CHALLENGE CIVIL PENALTY ASSESSMENTS BY THE STATE LONG-TERM CARE OMBUDSMAN › Section 9.2.22.18 - EVIDENCE AND CONDUCT OF HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
A. Hearings will be conducted as follows:
(1) all hearings will be open to the public,
				unless closing a hearing is necessary to protect the privacy of any person who
				is entitled to privacy protection under federal or state law;
(2) only relevant and material evidence is
				admissible at hearings. Evidence will be allowed if it is of a type commonly
				relied upon by reasonably prudent persons in the conduct of serious
				affairs;
(3) redundant evidence
				will be excluded;
(4) witnesses
				shall be examined orally, under oath or affirmation. The parties and the
				hearing officer shall have the right to cross-examine witnesses; and
(5) the hearing officer may take official
				notice of any matter that is among the traditional matters of official or
				administrative notice, and may take official notice of any matter that is
				within the department's specialized knowledge. The hearing officer shall inform
				the parties of any matters officially noticed, and shall afford the parties an
				opportunity to contest any such matters.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 22 - HEARINGS TO CHALLENGE CIVIL PENALTY ASSESSMENTS BY THE STATE LONG-TERM CARE OMBUDSMAN › Section 9.2.22.19 - RECORD OF HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Unless a hearing is stenographically recorded and the hearing officer orders
				otherwise, all hearings shall be recorded electronically by audio or
				audio-video. Any party desiring a copy of the audio or audio-video shall make a
				written request to the hearing officer and shall pay the cost of preparing a
				copy.
B. No later than five (5)
				working days before a hearing, a party may request that the hearing be
				stenographically recorded at the cost of the requesting party. The request
				shall be in writing to the hearing officer and shall certify that the party has
				hired a certified court reporter and made all necessary arrangements for the
				court reporter to perform his or her job. In addition, the requesting party
				shall arrange for the court reporter to deliver two (2) copies of the completed
				hearing transcript to the hearing officer. A court reporter's transcription
				becomes official when certified by the hearing officer. The requesting party
				shall pay the court reporter's fees, including any costs associated with
				providing the copies of the completed hearing transcript to the hearing
				officer.
C. Record. The record in a
				hearing shall consist of the following:
(1)
				the civil penalty assessment;
(2)
				the assessed party's request for hearing;
(3) the notice of appointment of the hearing
				officer;
(4) the notice of
				hearing;
(5) all pleadings and
				orders;
(6) any written information
				requested by the hearing officer and provided to him or her by the parties
				before the hearing;
(7) all
				exhibits;
(8) all
				stipulations;
(9) all statement of
				matters officially noticed by the hearing officer;
(10) the electronic audio or audio-video
				recording, or the court reporter's written transcription of the hearing
				prepared in accordance with this rule;
(11) the hearing officer's recommended
				decision;
(12) any motions for
				reconsideration and rulings thereon; and
(13) the secretary's final
				decision.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 22 - HEARINGS TO CHALLENGE CIVIL PENALTY ASSESSMENTS BY THE STATE LONG-TERM CARE OMBUDSMAN › Section 9.2.22.20 - HEARING OFFICER'S RECOMMENDED DECISION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The hearing officer shall present a
				written recommended decision to the secretary after the close of the hearing,
				and shall send copies to the parties. The recommended decision shall be based
				solely on the record and shall include proposed findings of fact and
				conclusions of law.
B. Any motions
				for reconsideration shall be submitted to the hearing officer within five (5)
				working days from the date of service of the hearing officer's recommended
				decision. Such motions shall be decided without a hearing unless the hearing
				officer orders otherwise.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 22 - HEARINGS TO CHALLENGE CIVIL PENALTY ASSESSMENTS BY THE STATE LONG-TERM CARE OMBUDSMAN › Section 9.2.22.21 - SECRETARY'S FINAL DECISION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				The secretary shall issue a final written decision within ten (10) working days
				of the receipt of the hearing officer's recommended decision or ruling on a
				motion for reconsideration. Based upon the evidence in the record, the
				secretary may affirm, reverse or modify the hearing officer's recommended
				decision as modified by any subsequent rulings of the hearing officer. The
				secretary's final decision shall inform the parties of their right to seek
				judicial review.
B. The secretary
				shall send copies of the final decision to the parties by certified mail,
				return receipt requested.
C. When
				the secretary's final decision affirms a civil penalty assessment by the state
				long-term care ombudsman, the assessed party shall pay the civil penalty to the
				department within thirty (30) calendar days from the date of the decision.
				Payment shall be in the form of cash, cashier's check or money order.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 22 - HEARINGS TO CHALLENGE CIVIL PENALTY ASSESSMENTS BY THE STATE LONG-TERM CARE OMBUDSMAN › Section 9.2.22.22 - APPEAL

Current through Register Vol. 35, No. 13, July 16, 2024
A person who is aggrieved by the secretary's final decision
				  may appeal to the district court in accordance with the provisions of Section
				  39-3-1.1 NMSA 1978 and Rule 1-074
				  NMRA. The date of filing of the secretary's final decision starts the time
				  limit for appeal.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 22 - HEARINGS TO CHALLENGE CIVIL PENALTY ASSESSMENTS BY THE STATE LONG-TERM CARE OMBUDSMAN › Section 9.2.22.23 - NO AUTOMATIC STAY PENDING JUDICIAL REVIEW

Current through Register Vol. 35, No. 13, July 16, 2024
The filing of a notice of appeal shall not stay the
				  enforcement of the secretary's final decision. Upon a showing of substantial
				  hardship and irreparable harm, the secretary may grant a stay of the final
				  decision pending appeal. The district court may also grant a stay in accordance
				  with the provisions of Rule 1-074 NMRA.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 22 - HEARINGS TO CHALLENGE CIVIL PENALTY ASSESSMENTS BY THE STATE LONG-TERM CARE OMBUDSMAN › Section 9.2.22.24 - ENFORCEMENT OF ORDERS AND PAYMENT IN DEFAULT

Current through Register Vol. 35, No. 13, July 16, 2024
Whenever an assessed party is in default of a civil penalty
				  assessment, the state long-term care ombudsman may file an action in district
				  court solely for the purpose of entry of judgment and enforcement of the civil
				  penalty. The district court shall accept the civil penalty assessment without
				  reviewing the basis for it and shall enter an appropriate judgment or order to
				  enforce the civil penalty assessment.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 23 - PATIENT CARE MONITORING IN LONG TERM CARE FACILITIES › Section 9.2.23.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is adopted pursuant to the terms of Sections
				  28-4-6(B),
				  28-17-5 and
				  28-17-19 NMSA 1978, Law 2004, Ch.
				  23, Sec. 6(E) and  Laws 2004, Ch. 53, Sec. 10.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 23 - PATIENT CARE MONITORING IN LONG TERM CARE FACILITIES › Section 9.2.23.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 15, 2004, unless a later date is cited in the history
				  note at the end of a section.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 23 - PATIENT CARE MONITORING IN LONG TERM CARE FACILITIES › Section 9.2.23.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule implements the provisions of the Patient Care
				  Monitoring Act,  Laws 2004, Ch. 53.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 23 - PATIENT CARE MONITORING IN LONG TERM CARE FACILITIES › Section 9.2.23.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The following terms are used in this rule:
A.
"department"
means the aging
				and long-term services department;
B.
"facility"
means a long-term
				care facility licensed pursuant to the provisions of Section
				24-1-5 NMSA 1978, other than an
				intermediate care facility for the mentally retarded, and may also include:
(1) a skilled nursing facility;
(2) an intermediate care nursing
				facility;
(3) a nursing
				facility;
(4) an adult residential
				shelter care home;
(5) a boarding
				home;
(6) any adult care home or
				adult residential care facility; and
(7) any swing bed in an acute care facility
				or extended care facility;
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 23 - PATIENT CARE MONITORING IN LONG TERM CARE FACILITIES › Section 9.2.23.8 - AUTHORIZATION AND USE OF A MONITORING DEVICE

Current through Register Vol. 35, No. 13, July 16, 2024
A. A patient or surrogate may authorize
				installation and use of a monitoring device in a facility provided that:
(1) the facility is given notice of the
				installation on a form prescribed by the department;
(2) if the monitoring device records activity
				visually, such recording shall include a record of the date and time;
(3) the monitoring device and all
				installation and maintenance costs are paid for by the patient or
				surrogate;
(4) written consent is
				given by each roommate or each roommate's surrogate on a form prescribed by the
				department;
(5) the monitoring is
				conducted in accordance with any limitation placed on it as a condition of
				consent by a roommate or the roommate's surrogate; and
(6) if a roommate or the roommate's surrogate
				also wishes to install and use a monitoring device, the patient or surrogate
				consents to the installation and use on terms that are no more restrictive than
				any that have been placed on the patient's or surrogate's installation and
				use.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 23 - PATIENT CARE MONITORING IN LONG TERM CARE FACILITIES › Section 9.2.23.9 - INSTALLATION AND USE OF A MONITORING DEVICE

Current through Register Vol. 35, No. 13, July 16, 2024
A. At the time of admission to a facility, a
				patient shall be offered the option to have a monitoring device, and a record
				of the patient's authorization or choice not to have a monitoring device shall
				be kept by the facility and shall be made accessible to the program.
B. After authorization, consent and notice, a
				patient or surrogate may install, operate and maintain a monitoring device in
				the patient's room at the patient's or surrogate's expense. The patient or
				surrogate is responsible for all costs associated with installing, operating
				and maintaining the monitoring device, except the cost of
				electricity.
C. A patient or
				surrogate is responsible for selecting the type of monitoring device that will
				be used in the patient's room. If the patient or surrogate chooses to install a
				monitoring device that uses Internet technology, the monitoring device must
				have at least 128-bit encryption and enable a secure socket layer
				("SSL").
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 23 - PATIENT CARE MONITORING IN LONG TERM CARE FACILITIES › Section 9.2.23.10 - ACCOMMODATION BY FACILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A facility shall cooperate to accommodate the installation of
				  a monitoring device, provided the installation does not place undue burden on
				  the facility.
A. Reasonable
				accommodation includes, but is not limited to, the following:
(1) providing a reasonably secure place to
				mount a monitoring device;
(2)
				providing access to power sources, if feasible;
(3) rearranging a room, if
				feasible;
(4) accommodating the
				limits a patient or roommate, or a surrogate of either, may place on the use of
				a monitoring device, if feasible;
(5) referring a patient or surrogate to
				potential roommates or surrogates of roommates who have indicated on a current
				patient authorization form that they would consent to monitoring if a current
				roommate or surrogate of a roommate withholds consent; and
(6) allowing patients, roommates and
				potential roommates to change rooms, when feasible, in those cases where
				consent is an issue.