N.M. Admin. Code § 8.371.4.15 - SANCTIONS, CORRECTIVE ACTION OR RELIEF
A. Sanction, corrective action or other
relief for substantiation of a complaint may include a directive prohibiting
any future violation, a corrective action plan that shall be implemented as a
condition for the continuation of the service provider's contract or provider
agreement and enforceable under terms of the contract or provider agreement,
reimbursement or repayment by the service provider of a client's funds,
recoupment by the authority of a client's funds on behalf of the client, a
requirement that the service provider take corrective or disciplinary action
against an employee, or any other affirmative relief that is fair and just.
Sanctions imposed under this regulation shall not include revocation or
suspension of a license, denial of a license application, a monetary penalty,
fine, compensatory damages (except reimbursement of client funds), or
consequential or punitive damages except as may be specifically provided in the
agreement between the service provider and the authority.
B. In imposing sanctions, corrective action
or other relief, the office, director or the secretary may consider prior
substantiated complaints involving the service provider, if any, data from
child protective services or adult protective services abuse or neglect
reports, performance audit reviews, and the responsiveness of the service
provider to prior remedial action imposed by the division or other
authority.
C. If the complainant's
allegation is substantiated and sanction or corrective action is imposed or
other relief granted, the division may require that the service provider
prepare and submit documents to the division or allow access to records
necessary to demonstrate the service provider is in compliance with the
provisions of the sanction, corrective action or other relief.
D. If the complaint is substantiated, the
notice of final action shall state that the division may impose additional
sanctions for failure of the service providers to comply with the decision and
may impose sanctions, corrective action or other relief as provided in
Subsection A of
8.371.4.15 NMAC in addition to the
individual remedy or relief granted.
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.