N.M. Admin. Code § 8.370.14.12 - CORRECTIVE ACTION
If violations of this rule are cited, the facility will be provided with an official statement of deficiencies within 10 business days following the survey.
A.
Informal dispute review (IDR). The facility may request an
informal review of survey deficiencies by providing a written request to the
licensing authority within 10 calendar days of receipt of the written survey
findings. With the request, the facility shall include information or evidence
that justifies the disagreement with a cited deficiency.
(1) The licensing authority will review the
submitted information and make a determination.
(2) If the deficiency is removed, a new
statement of deficiencies will be issued to the facility.
(3) The facility shall provide a new plan of
correction for all remaining deficiencies upon receipt of the new statement of
deficiencies.
(4) A copy of the
"IDR operating rules" is available upon request.
B.
Plan of correction (POC). The
facility shall submit a plan of correction within 10 calendar days of receipt
of the statement of deficiencies and after receipt of a revised statement of
deficiencies, when the findings are changed pursuant to an IDR.
(1) If the first plan of correction (POC) is
rejected by the licensing authority, the facility will be sent a second (2nd)
copy of the statement of deficiencies. The facility shall complete and return
the second copy of the statement of deficiencies with an acceptable plan of
correction within three business days. The process will repeat until an
acceptable plan of correction is received by the authority.
(2) Failure to provide an acceptable plan of
correction (POC) within a reasonable period of time, may lead to civil monetary
penalties or other sanctions.
(3)
The plan of correction shall:
(a) address how
all violations identified in the official statement of deficiencies will be
corrected;
(b) address how the
facility will monitor the corrective action and ensure ongoing compliance;
and
(c) specify the date that the
corrective action will be completed.
(4) All cited violations shall be corrected
within 30 calendar days from the date of the survey; unless the licensing
authority approves an extended date.
(5) Failure to submit an acceptable plan of
correction may result in sanctions, including but not limited to civil monetary
penalties, suspension or non-renewal of the facility license.
(6) The licensing authority may accept,
reject, or direct the plan of correction.
Notes
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