N.M. Admin. Code § 8.370.4.8 - TYPES OF INTERMEDIATE SANCTIONS AND CIVIL MONETARY PENALTIES THAT MAY BE IMPOSED ON ANY LICENSED HEALTH CARE FACILITY
A.
A directed plan of
correction: The licensing authority may direct a licensee to correct
violations in a time specified, detailed plan.
B.
Facility monitors: The
licensing authority may select a facility monitor for a specified period of
time to closely observe a health facility's compliance efforts. The facility
monitor shall have authority to review all applicable facility records,
policies, procedures and financial records; and the authority to interview
facility staff and residents. The facility monitor may also provide
consultation to the facility management and staff in the correction of
violations. The health facility must pay all reasonable costs of a facility
monitor.
C.
Temporary
management: The licensing authority may appoint temporary management
with expertise in the field of health services to oversee the operation of the
health facility. The management appointed will ensure that the health and
safety of the facility's patients, residents, or clients is protected. The
health facility must pay all reasonable costs of temporary
management.
D.
Restricted
admissions or provision of services: The licensing authority may
restrict the health facility from providing designated services and from
accepting any new patients, residents, or clients until deficiencies are
corrected.
E.
Reduction of
licensed capacity: The licensing authority may reduce the licensed
capacity of a health facility.
F.
Civil monetary penalty: The licensing authority may impose on any
health facility a civil monetary penalty.
(1)
The amount of the civil monetary penalty is based upon the total of:
(a) the initial base penalty;
(b) a daily penalty which is calculated based
on the uncorrected deficiencies which exist for each day following the notice
to the facility, and;
(c) any
penalty doubling for repeat deficiencies. Civil monetary penalties shall not
exceed a total of $5,000 per day.
(2) Limitation: A civil monetary penalty is
not intended to force the closure of a licensed facility in lieu of license
revocation.
(3) Burden of proof;
limitation: Any facility seeking to show that the imposition of a civil
monetary penalty will result in the forced closure of the facility must prove
the same by clear and convincing evidence.
Notes
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