N.M. Admin. Code § 8.371.4.12 - COMPLAINT PROCEDURE AVAILABLE
A. The complaint process (Section 13 of this
regulation) is available to resolve complaints alleging that a service
provider, its employee, or a person acting under contract with the service
provider has violated rights of the client set forth in the federal or state
constitutions, statutes or applicable authority regulations or policies and
such violation adversely affects the client. The administrative appeal process
(Section 14 of this regulation) is available, however, only as to alleged
violations of rights set forth in the federal and state constitutions, statutes
and authority regulations and policies designated "client's rights."
B. The complaint procedure shall be available
to clients or their legal guardians. The client or the legal guardian has the
right to a legal representative or advocate of their choice at no expense to
the authority.
C. If a complaint
alleges a violation of statute, regulation or ordinance that another state
agency or public entity has authority to investigate and enforce, the division
may refer the complaint to that entity unless the client objects to the
referral, except that the division shall report the violation when there is a
statutory requirement to report. The division may decline to investigate the
complaint.
D. The complaint
procedure is not available to the service provider to review the final decision
of the authority. The service provider may seek redress for any adverse action
if provided by the terms of the service provider's contract or provider
agreement.
E. The client may
withdraw their complaint at any time. If the complainant is not the client, the
division shall not continue the complaint procedure under this regulation if
the client objects. The division may pursue its own investigation and take
corrective action as appropriate.
F. The complainant and the service provider
may settle a complaint by mutual agreement unless the client objects. However,
the complainant and the service provider may not modify a finding
substantiating the complaint.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.