N.M. Admin. Code § 8.302.1.22 - PUBLIC DISCLOSURE OF SURVEY INFORMATION

The findings of a MAD survey used to determine the ability of facility provider to begin or continue as medicaid participating provider is available to the public within 90 calendar days of completion.

A. Documents subject to disclosure: Documents subject to public disclosure include:
(1) current survey reports prepared by the survey agency;
(2) official agency notifications of findings based on these reports, including statements of deficiencies;
(3) pertinent parts of written statements furnished by providers to the survey agency related to these reports and findings, including any corrective action taken or planned; and
(4) information regarding the ownership of nursing facility. See 42 CFR 455.104(a).
B. Release of performance reports: Reports on provider's or contractor's performance reviews and formal performance evaluations are not available to the public until the provider or contractor have a reasonable opportunity (not to exceed 30 calendar days) to review the reports and offer comments. These comments become part of the reports.
C. Availability of cost reports: Provider cost reports used as a basis for reimbursement are available to the public upon receipt of a written request by the MAD audit contractor.
(1) Information disclosure is limited to cost report documents required by social security administration regulations, and in the case of a settled cost report, the notice of medicaid settlement.
(2) The request for information must identify the provider and the specific reports requested.
(3) The cost for supplying copies of the cost reports is billed to the requester.

Notes

N.M. Admin. Code § 8.302.1.22
2-1-95; 2-1-99; 8.302.1.22 NMAC - Rn, 8 NMAC 4.MAD.701.13, 7-1-01; A, 9-15-08, Adopted by New Mexico Register, Volume XXXIII, Issue 24, December 27, 2022, eff. 1/1/2023, Amended by New Mexico Register, Volume XXXV, Issue 12, June 25, 2024, eff. 7/1/2024

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