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 4 - HEALTH FACILITY SANCTIONS AND CIVIL MONETARY PENALTIES › Section 8.370.4.10 - 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 noncompliance
				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 4 - HEALTH FACILITY SANCTIONS AND CIVIL MONETARY PENALTIES › Section 8.370.4.11 - 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 4 - HEALTH FACILITY SANCTIONS AND CIVIL MONETARY PENALTIES › Section 8.370.4.12 - 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 4 - HEALTH FACILITY SANCTIONS AND CIVIL MONETARY PENALTIES › Section 8.370.4.13 - 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 4 - HEALTH FACILITY SANCTIONS AND CIVIL MONETARY PENALTIES › Section 8.370.4.14 - 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 4 - HEALTH FACILITY SANCTIONS AND CIVIL MONETARY PENALTIES › Section 8.370.4.15 - 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 $5,000 per day, then the civil monetary penalty is $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 4 - HEALTH FACILITY SANCTIONS AND CIVIL MONETARY PENALTIES › Section 8.370.4.16 - 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 4 - HEALTH FACILITY SANCTIONS AND CIVIL MONETARY PENALTIES › Section 8.370.4.17 - 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 4 - HEALTH FACILITY SANCTIONS AND CIVIL MONETARY PENALTIES › Section 8.370.4.18 - 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 4 - HEALTH FACILITY SANCTIONS AND CIVIL MONETARY PENALTIES › Section 8.370.4.19 - 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 4 - HEALTH FACILITY SANCTIONS AND CIVIL MONETARY PENALTIES › Section 8.370.4.20 - 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 4 - HEALTH FACILITY SANCTIONS AND CIVIL MONETARY PENALTIES › Section 8.370.4.21 - 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 4 - HEALTH FACILITY SANCTIONS AND CIVIL MONETARY PENALTIES › Section 8.370.4.22 - 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 4 - HEALTH FACILITY SANCTIONS AND CIVIL MONETARY PENALTIES › Section 8.370.4.23 - 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 4 - HEALTH FACILITY SANCTIONS AND CIVIL MONETARY PENALTIES › Section 8.370.4.24 - 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 4 - HEALTH FACILITY SANCTIONS AND CIVIL MONETARY PENALTIES › Section 8.370.4.25 - 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 10 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 4 - HEALTH FACILITY SANCTIONS AND CIVIL MONETARY PENALTIES › Section 8.370.4.26 - 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 4 - HEALTH FACILITY SANCTIONS AND CIVIL MONETARY PENALTIES › Section 8.370.4.27 - 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 10 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 4 - HEALTH FACILITY SANCTIONS AND CIVIL MONETARY PENALTIES › Section 8.370.4.28 - 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 4 - HEALTH FACILITY SANCTIONS AND CIVIL MONETARY PENALTIES › Section 8.370.4.29 - 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 4 - HEALTH FACILITY SANCTIONS AND CIVIL MONETARY PENALTIES › Section 8.370.4.30 - 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 5 - CAREGIVERS CRIMINAL HISTORY SCREENING REQUIREMENTS › Section 8.370.5.1 - 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 5 - CAREGIVERS CRIMINAL HISTORY SCREENING REQUIREMENTS › Section 8.370.5.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule has general applicability to all applicants,
				  caregivers, hospital caregivers, and care providers in New Mexico as defined in
				  8.370.5.7 NMAC of this rule. This rule does not apply to caregivers as set
				  forth in Paragraph (2) of Subsection D of 8.370.5.7 NMAC and does not apply to
				  care providers as set forth in Paragraph (2) of Subsection E of 8.370.5.7
				  NMAC.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 5 - CAREGIVERS CRIMINAL HISTORY SCREENING REQUIREMENTS › Section 8.370.5.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections 29-172 through 29-17-5, NMSA 1978 amended. Section
				  9-8-1 et seq. NMSA 1978 establishes the health care authority (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 5 - CAREGIVERS CRIMINAL HISTORY SCREENING REQUIREMENTS › Section 8.370.5.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 2024, unless a later 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 5 - CAREGIVERS CRIMINAL HISTORY SCREENING REQUIREMENTS › Section 8.370.5.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this part is to establish the requirements
				  for complying with the Caregivers Criminal History Screening Act. Generally
				  included within these rules are the requirements and procedures for submission
				  of applicant, caregiver and hospital caregiver fingerprints, payment of fees
				  and administrative reconsideration for a disqualifying conviction. These rules
				  are intended to have all covered care providers meeting the requirements of the
				  act.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 5 - CAREGIVERS CRIMINAL HISTORY SCREENING REQUIREMENTS › Section 8.370.5.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
For purposes of this rule, the following definitions shall
				  apply:
A.
"act"
means
				Sections 29-17-2 to 29-17-5, NMSA 1978 of the Caregivers Criminal History
				Screening Act;
B.
"applicant"
means a person who applies, and is offered employment
				or contractual service with a care provider to provide services as a caregiver
				or hospital caregiver whether as an employee or contractor;
C.
"care"
means the therapy,
				services, treatment, support, supervision, assistance with the activities of
				daily living or management of a care recipient;
D.
"caregiver"
means any person
				whose employment or contractual service with a care provider includes direct
				care or routine and unsupervised physical or financial access to any care
				recipient serviced by that provider;
(1)
				"caregiver" includes:
(a) compensated persons
				such as employees, contractors and employees of contractors;
(b) guardianship service providers and case
				management entities that provide services to people with developmental
				disabilities; and
(c)
				administrators or operators of facilities who are routinely on site;
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 5 - CAREGIVERS CRIMINAL HISTORY SCREENING REQUIREMENTS › Section 8.370.5.9 - CAREGIVERS OR HOSPITAL CAREGIVERS AND APPLICANTS WITH DISQUALIFYING CONVICTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Prohibition on employment:
A care provider shall not hire or
				continue the employment or contractual services of any applicant, caregiver or
				hospital caregiver for whom the care provider has received notice of a
				disqualifying conviction, except as provided in Subsection B of this section.
(1) In cases where the criminal history
				record lists an arrest for a crime that would constitute a disqualifying
				conviction and no final disposition is listed for the arrest, the authority
				will attempt to notify the applicant, caregiver or hospital caregiver and
				request information from the applicant, caregiver or hospital caregiver within
				timelines set forth in the authority's notice regarding the final disposition
				of the arrest. Information requested by the authority may be evidence, for
				example, a certified copy of an acquittal, dismissal or conviction of a lesser
				included crime.
(2) An applicant's,
				caregiver's or hospital caregiver's failure to respond within the required
				timelines regarding the final disposition of the arrest for a crime that would
				constitute a disqualifying conviction shall result in the applicant's,
				caregiver's or hospital caregiver's temporary disqualification from employment
				as a caregiver or hospital caregiver pending written documentation submitted to
				the authority evidencing the final disposition of the arrest. Information
				submitted to the authority may be evidence, for example, of the certified copy
				of an acquittal, dismissal or conviction of a lesser included crime. In
				instances where the applicant, caregiver or hospital caregiver has failed to
				respond within the required timelines the authority shall provide notice by
				certified mail that an employment clearance has not been granted. The care
				provider shall then follow the procedure of Subsection A of 8.370.5.9
				NMAC.
(3) The authority will not
				make a final determination for an applicant, caregiver or hospital caregiver
				with a pending potentially disqualifying conviction for which no final
				disposition has been made. In instances of a pending potentially disqualifying
				conviction for which no final disposition has been made, the authority shall
				notify the care provider, applicant, caregiver or hospital caregiver by
				certified mail that an employment clearance has not been granted. The care
				provider shall then follow the procedure of Subsection A of 8.370.5.9
				NMAC.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 5 - CAREGIVERS CRIMINAL HISTORY SCREENING REQUIREMENTS › Section 8.370.5.10 - ADMINISTRATIVE RECONSIDERATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Availability:
The applicant, caregiver or hospital caregiver whose
				nationwide criminal history record reflects a disqualifying conviction may
				request an informal administrative reconsideration from the
				authority.
B.
Procedure for
				requesting administrative reconsideration:
(1) An applicant, caregiver or hospital
				caregiver given notice of a disqualifying conviction may submit a written
				request for an administrative reconsideration. To be effective, the written
				request shall:
(a) be made within 14 calendar
				days, as determined by the postmark, from the date of the notice issued by the
				authority;
(b) be properly
				addressed to the authority;
(c)
				state the applicants', caregivers' or hospital caregivers' name, home and work
				address, and telephone numbers;
(d)
				state the applicants', caregivers' or hospital caregivers' employer or proposed
				employer name, address and telephone numbers;
(e) state the date of hire;
(f) state the position title;
(g) describe the duties of the position;
				and
(h) describe the care
				recipients.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 5 - CAREGIVERS CRIMINAL HISTORY SCREENING REQUIREMENTS › Section 8.370.5.11 - DISQUALIFYING CONVICTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The following felony convictions disqualify an applicant,
				  caregiver or hospital caregiver from employment or contractual services with a
				  care provider.
A. homicide;
B. trafficking, or trafficking in controlled
				substances;
C. kidnapping, false
				imprisonment, aggravated assault or aggravated battery;
D. rape, criminal sexual penetration,
				criminal sexual contact, incest, indecent exposure, or other related felony
				sexual offenses;
E. crimes
				involving adult abuse, neglect or financial exploitation;
F. crimes involving child abuse or
				neglect;
G. crimes involving
				robbery, larceny, extortion, burglary, fraud, forgery, embezzlement, credit
				card fraud, or receiving stolen property; or
H. an attempt, solicitation, or conspiracy
				involving any of the felonies in this subsection.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 6 - ACCESS TO MEDICAL RECORDS BY DISABILITY APPLICANTS › Section 8.370.6.1 - 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 6 - ACCESS TO MEDICAL RECORDS BY DISABILITY APPLICANTS › Section 8.370.6.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This regulation applies to requests for copies of medical
				  records by any person, or that person's authorized representative, who is
				  applying for social security disability benefits or appealing a denial of
				  social security disability benefits.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 6 - ACCESS TO MEDICAL RECORDS BY DISABILITY APPLICANTS › Section 8.370.6.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This regulation is promulgated pursuant to Section 14-6-3,
				  NMSA 1978 as amended. Section 9-8-1 et seq. NMSA 1978 establishes the health
				  care authority (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 6 - ACCESS TO MEDICAL RECORDS BY DISABILITY APPLICANTS › Section 8.370.6.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 2024, unless a later 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 6 - ACCESS TO MEDICAL RECORDS BY DISABILITY APPLICANTS › Section 8.370.6.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this regulation is to establish the health
				  care provider's duty to furnish medical records within 30 days of the request,
				  and to set and enforce fee schedules for the provision of copies of medical
				  records, when copies of such medical records are requested by persons applying
				  for social security disability or appealing a denial of such
				  benefits.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 6 - ACCESS TO MEDICAL RECORDS BY DISABILITY APPLICANTS › Section 8.370.6.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Authorized representative"
means a person who lawfully may act on
				behalf of the individual who is applying for social security disability or
				appealing a denial of such benefits and whose medical records are the subject
				of a request to furnish copies.
B.
"Health care provider"
means a person licensed or certified by the
				state of New Mexico, or otherwise authorized by law to provide health care
				services in New Mexico in the ordinary course of business or practice of a
				profession, and includes facilities and entities that employ or contract with
				such a person, and it includes entities which maintain, process or store,
				medical records for such persons or facilities.
C.
"Medical records"
means
				information in a medical or mental health patient file, including drug or
				alcohol treatment records, clinical notes, nurses' notes, history of injury,
				subjective and objective complaints, diagnostic and laboratory test results and
				interpretations of tests, reports and summaries of interpretations of tests and
				other reports, diagnoses and prognoses, bills, invoices, referral requests,
				consultative reports, and reports of any services requested by the medical care
				provider.
D.
"Person"
means an individual who has been a patient of a health care provider or health
				care facility.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 6 - ACCESS TO MEDICAL RECORDS BY DISABILITY APPLICANTS › Section 8.370.6.8 - REQUIREMENT OF WRITTEN REQUEST

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				person applying for social security disability, or appealing denial of such
				benefits, or the authorized representative, shall be furnished copies of
				requested medical records by health care providers who are provided a written
				and dated request for medical records signed by such person or authorized
				representative.
B. Requests shall
				be accompanied by a written verification that a person is applying for social
				security disability benefits, or is appealing a denial of such
				benefits.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 6 - ACCESS TO MEDICAL RECORDS BY DISABILITY APPLICANTS › Section 8.370.6.9 - PRODUCTION OF RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
Any records requested pursuant to this regulation or Section
				  14-6-3, NMSA 1978 as amended, shall be produced within 30 calendar days of
				  receipt of the written request, regardless of prior receipt of the fee for the
				  records.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 6 - ACCESS TO MEDICAL RECORDS BY DISABILITY APPLICANTS › Section 8.370.6.10 - FEES AUTHORIZED; SCHEDULE

Current through Register Vol. 35, No. 13, July 16, 2024
A reasonable fee for copying and furnishing requested medical
				  records may be charged by the health care provider. No health care provider
				  shall charge more than:
A. $2.00 per
				page for the first 10 one-sided pages;
B. For each page after the first 10 one-sided
				pages, not more than twenty cents per page.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 6 - ACCESS TO MEDICAL RECORDS BY DISABILITY APPLICANTS › Section 8.370.6.11 - COMPLAINTS; ENFORCEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Complaints by any person, or person's authorized representative, that a health
				care provider has failed to comply with the requirements of this rule, shall be
				made, in writing, to the New Mexico health care authority, division of health
				improvement.
B. Complaints shall
				include a description of manner in which the health care provider failed to
				follow this rule, and shall include copies of all documents relevant to the
				alleged violation.
C. Complaints
				alleging violation of this rule made against health care providers which are
				substantiated by the authority, or any failure by a health care provider to
				timely submit payment of any assessed civil monetary penalty, may be referred
				to the appropriate professional or facility licensure or certification
				authority for further action.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 6 - ACCESS TO MEDICAL RECORDS BY DISABILITY APPLICANTS › Section 8.370.6.12 - PENALTIES

Current through Register Vol. 35, No. 13, July 16, 2024
If the authority finds that the health care provider has
				  violated these regulations, the authority may impose a civil monetary penalty
				  in an amount not to exceed $100 per violation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 7 - HEALTH FACILITY RECEIVERSHIP REQUIREMENTS › Section 8.370.7.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to the New Mexico health care authority
				  (authority) in actions taken pursuant to the Health Facility Receivership Act,
				  Chapter 24, Article 1E, NMSA 1978.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 7 - HEALTH FACILITY RECEIVERSHIP REQUIREMENTS › Section 8.370.7.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section 24-1E-3.1, NMSA 1978 (2001). 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 7 - HEALTH FACILITY RECEIVERSHIP REQUIREMENTS › Section 8.370.7.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 2024, unless a later date is cited in a
				  section.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 7 - HEALTH FACILITY RECEIVERSHIP REQUIREMENTS › Section 8.370.7.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule implements provisions of the Health Facility
				  Receivership Act and sets out the conditions for the authority to petition for
				  appointment of a health facility receiver; the duties, authority and
				  responsibility of the health facility receiver; the authority for imposing
				  financial conditions on the facility; the minimum qualifications for the deputy
				  receiver; and the provisions which the secretary will request for inclusion in
				  district court orders.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 7 - HEALTH FACILITY RECEIVERSHIP REQUIREMENTS › Section 8.370.7.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
As used in this rule, unless the context requires
				  otherwise:
A.
"Abandonment"
means the elimination of, or the failure to provide,
				one or more essential support services for all or a portion of the residents of
				a health facility, including but not limited to appropriate personnel, shelter,
				medical care, sustenance, assistance with the activities of daily living,
				habilitation or individual treatment plan activities and support.
B.
"Closure Plan"
means the
				health facility's written plan, including any amendments, detailing the manner
				in which the health facility will satisfy all applicable legal or contractual
				requirements, including any requirements that the authority may request be
				included in such written plan, and which at a minimum sets forth the discharge
				planning and transfer of the residents, and the manner in which the health
				facility will fully meet the needs of the residents during the period of the
				facility closure.
C.
"Constructive Abandonment"
means a situation in which abandonment
				of the residents of a health facility can be inferred from the totality of
				circumstances, as, for example, the health facility's untimely payment or
				nonpayment of suppliers or staff resulting in the lack of necessary supplies or
				services.
D.
"Facility"
means:
(1) a health
				facility as defined in Subsection D of Section 24-1-2 NMSA 1978 other than a
				child-care center or facility, whether or not licensed by New Mexico;
				or,
(2) a community-based program
				providing services funded, directly or indirectly, in whole or in part, by the
				home and community-based Medicaid waiver program or by developmental
				disabilities, traumatic brain injury or other medical disabilities
				programs.