N.M. Admin. Code § 8.370.4.16 - LICENSED CAPACITY AND FACILITY PENALTY RATES
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.
B.
Facility penalty rates: For purposes of calculation of the amount
of civil monetary penalties the following penalty rates for facilities are as
listed below:
TYPE OF FACILITY PENALTY RATE
(1) Adult residential facilities:
(a) adult residential shelter care home
$10.00
(b) community residential
facility for developmentally disabled individuals $10.00
(c) residential treatment home
$10.00
(d) boarding home
$10.00
(e) halfway home
$10.00
(f) new or innovative
programs $10.00
(2) Adult
day care facilities:
(a) adult day care center
$10.00
(b) adult day care home
$10.00
(c) new or innovative
programs $10.00
(3)
General and special hospitals:
(a)
rehabilitation hospital $10.00
(b)
general hospital $10.00
(c)
psychiatric hospital $10.00
(d)
specialty hospitals $10.00
(e)
rural primary care hospital $10.00
(4) Long term care facilities:
(a) intermediate care facility (ICF)
$10.00
(b) medicaid certified
nursing facilities (NF) $10.00
(c)
skilled nursing facility (SNF) $10.00
(d) intermediate care facility for the
mentally retarded (ICF/MR) $10.00
(5) Facilities providing outpatient medical
services and infirmaries:
(a) ambulatory
surgical center $65.00
(b)
diagnostic and treatment center $10.00
(c) limited diagnostic and treatment center
$10.00
(d) rural health clinic
$10.00
(e) infirmary
$10.00
(f) new or innovative clinic
$10.00
(6) Other
facilities:
(a) home health agency
$10.00
(b) end stage renal disease
$65.00
(c) hospice $10.00
Notes
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