N.M. Admin. Code § 8.370.4.6 - OBJECTIVE
The purpose of these regulations is to:
A. comply with Section
24-1-5.2 NMSA 1978 which mandates
that the authority adopt and promulgate regulations specifying the criteria for
imposition of any intermediate sanction, including the amount of monetary
penalties and the type and extent of intermediate sanctions;
B. encourage health facilities to maintain
compliance with licensing requirements and accelerate compliance when found in
violation; intermediate sanctions and civil monetary penalties are intended as
alternatives to implementation of more drastic measures such as revocation or
suspension of license.
(1) The objective of
the base penalty component of the civil monetary penalty is deterrence. The
base penalty is imposed without regard to the time required for the
correction.
(2) The objective of
the daily penalty component of the civil monetary penalty is principally to
motivate prompt correction of the deficiency and to protect the health and
safety of the residents.
Notes
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