TITLE 8 SOCIAL SERVICES
CHAPTER 370 OVERSIGHT OF
LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS
PART 3 HEALTH
FACILITY LICENSURE FEES AND PROCEDURES
8.370.3.1 ISSUING AGENCY: New Mexico Health Care Authority.
[8.370.3.1 NMAC - N, 7/1/2024]
8.370.3.2 SCOPE: These regulations apply to any health facility
as defined by Subsection D of Section 24-1-2 NMSA 1978, as amended which is
licensed or is required to be licensed, or any health facility which by federal
regulations must be licensed to obtain or maintain federal funding.
[8.370.3.2 NMAC - N, 7/1/2024]
8.370.3.3 STATUTORY AUTHORITY: The regulations set forth herein govern the
imposition of intermediate sanctions and civil monetary penalties levied on
health facilities licensed by the authority.
These regulations have been promulgated by the secretary of the New
Mexico health care authority (authority), pursuant to the general authority
granted under Subsection E of Section 9-8-6 of the Health Care Authority Act,
NMSA 1978, as amended; and the authority granted under Subsection D of Section
24-1-2, Subsection I of Section 24-1-3, and 24-1-5 of the Public Health Act,
NMSA 1978, as amended. Section 9-8-1 et
seq. NMSA 1978 establishes the health
care authority as a single, unified department to administer laws and exercise
functions relating to health care facility licensure and health care purchasing
and regulation.
[8.370.3.3 NMAC - N, 7/1/2024]
8.370.3.4 DURATION: Permanent.
[8.370.3.4 NMAC - N, 7/1/2024]
8.370.3.5 EFFECTIVE DATE: July 1, 2024, unless a different date is cited
at the end of a section.
[8.370.3.5 NMAC - N, 7/1/2024]
8.370.3.6 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.
[8.370.3.6 NMAC - N, 7/1/2024]
8.370.3.7 DEFINITIONS: For
purposes of these regulations the following shall apply.
A. "Abuse"
means any act or failure to act performed intentionally, knowingly or
recklessly that causes or is likely to cause harm to a resident, including:
(1) physical
contact that harms or is likely to harm a resident of a health facility;
(2) inappropriate
use of a physical restraint, isolation, or medication that harms or is likely
to harm a resident;
(3) inappropriate
use of a physical or chemical restraint, medication, or isolation as punishment
or in conflict with a physician's order;
(4) medically
inappropriate conduct that causes or is likely to cause physical harm to a
resident;
(5) medically
inappropriate conduct that causes or is likely to cause great psychological
harm to a resident;
(6) an
unlawful act, a threat or menacing conduct directed toward a resident that
results and might reasonably be expected
to result in fear or emotional or mental distress to a resident.
B. "Exploitation" of a resident consists of the act or process,
performed intentionally, knowingly, or recklessly, of using a resident's
property for another person's profit, advantage or benefit without legal
entitlement to do so.
C. "Class A deficiency" means:
(1) any abuse or neglect of a patient,
resident, or client by a facility employee or for which the facility is
responsible which results in death, or serious physical or psychological harm;
or
(2) any
exploitation of a patient, resident, or client by a facility employee or for
which the facility is responsible in which the value of the property exceeds
$1,500; or
(3) a
violation or group of violations of applicable regulations, which results in
death, serious physical harm, or serious psychological harm to a patient,
resident, or client.
D. "Class B deficiency" means:
(1) any
abuse or neglect of a patient, resident, or client by a facility employee or
for which the facility is responsible; or
(2) any
exploitation of a patient, resident, or client by a facility employee or for
which the facility is responsible in which the value of the property exceeds
$100, but is less than $1,500; or
(3) a
violation or group of violations of applicable regulations which present a
potential risk of injury or harm to any
patient, resident or client.
E. "Class C deficiency" means:
(1) a
violation or a group of violations of applicable regulations as cited by
surveyors from the licensing authority which have the potential to cause injury
or harm to any patient, resident or client if the violation is not corrected;
or
(2) any
exploitation of a patient, resident, or client by a facility employee in which
the value of the property was less than
$100.
F. "Health facility" means any health care entity identified in the Public
Health Act which requires state licensure in order to provide health services.
G. "Intermediate sanction" means a measure imposed on a facility for a
violation(s) of applicable licensing laws and regulations other than license
revocation, suspension, denial of renewal of license or loss of certification.
H. "Licensing authority" means the New Mexico health care authority.
I. "Neglect"
means subject to the resident's right to refuse treatment and subject to the
caregiver's right to exercise sound medical discretion, the grossly negligent:
(1) failure to provide any treatment,
service, care, medication or item that is necessary to maintain the health or
safety of a resident;
(2) failure
to take any reasonable precaution that is necessary to prevent damage to the
health or safety of a resident;
(3) failure
to carry out a duty to supervise properly or control the provision of any
treatment, care, good, service or medication necessary to maintain the health
or safety of a resident.
J. "Serious physical harm" means physical harm of a type that causes a temporary
or permanent physical loss of a bodily member or organ or functional loss of a
bodily member or organ or of a major life activity.
K. "Serious psychological harm" means psychological harm that causes a temporary or
permanent mental or emotional incapacitation or that causes an obvious
behavioral change or obvious physical symptoms or that requires psychological
or psychiatric treatment or care.
[8.370.3.7 NMAC - N, 7/1/2024]
8.370.3.8 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 effortsThe 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.
[8.370.3.8 NMAC - N, 7/1/2024]
8.370.3.9 EMERGENCY APPLICATION: The
intermediate sanctions may be imposed on an emergency basis when there exists
an immediate threat to human health and safety.
An administrative hearing will be schedule within five working days,
unless waived by the facility. A request
for a hearing does not stay the imposition of the emergency sanction.
[8.370.3.9 NMAC - N, 7/1/2024]
8.370.3.10 ADDITIONAL TYPES OF INTERMEDIATE
SANCTIONS AND CIVIL MONETARY PENALTIES THAT MAY BE IMPOSED ON MEDICAID
CERTIFIED NURSING FACILITIES:
A. Denial of payment and a facility monitor: The
licensing authority may recommend denial of payment and a facility monitor to
the medical assistance division, New Mexico health care authority, when survey
findings document non-compliance with federal regulations governing conditions
of participation. Substandard quality of
care must be documented on three consecutive surveys. The facility monitor shall remain until the
facility has demonstrated, to the satisfaction of the licensing authority, that
it is in compliance with the conditions of participation and that it will
remain in compliance with such requirements.
B. Temporary management or termination of medicaid
participation: The licensing authority may impose temporary
management or recommend termination of the medicaid provider participation
agreement when survey findings document deficiencies which immediately
jeopardize the health and safety of the residents. Notice of this sanction must provide that a
hearing will be conducted within five working days of the imposition of the
sanction.
[8.370.3.10 NMAC - N, 7/1/2024]
8.370.3.11 CONSIDERATIONS FOR IMPOSITION OF
INTERMEDIATE SANCTIONS OR CIVIL MONETARY PENALTIES: Before
intermediate sanctions or civil monetary penalties are imposed, they will be
reviewed and approved by the director of the public health division or their
designee. The following factors shall be
considered by supervisory personnel of the licensing authority when determining
whether to impose one or more intermediate sanctions or civil monetary
penalties:
A. death
or serious injury to a patient, resident or client;
B. abuse,
neglect or exploitation of a patient, resident or client;
C. regulatory
violations which immediately jeopardize the health or safety of the patients,
residents or clients of a health facility;
D. numerous
violations, which combined, jeopardize the health or safety of patients,
residents or clients of a health facility;
E. repetitive
violations of the same nature found during two or more consecutive on-site
visits or surveys of a health facility;
F. failure
of a health facility to correct violations found during previous surveys or
visits;
G. compliance
history;
H. intentional
deceit regarding condition of the facility;
I. effect
of a civil monetary penalty on financial viability of the facility;
J. extenuating
circumstances. Extenuating circumstances
allow the licensing authority greater discretion to consider both mitigating
and exacerbating circumstances not specifically defined.
[8.370.3.11 NMAC - N, 7/1/2024]
8.370.3.12 CORRECTION OF DEFICIENCIES: When
the licensing authority has determined deficiencies exist, the facility must
correct the deficiencies according to the following time frames:
A. Immediate response:
The risk of injury or harm
created or presented by the Class A and B deficiencies must be immediately
eliminated. Under no circumstance should
a situation that presents a risk of injury or harm to residents be allowed to
continue. The facility must immediately
stop the risk of injury or harm, even if the Class A or B deficiency is not
corrected, by eliminating such risk of injury or harm. The facility, in addition to any other
sanction imposed by the licensing authority, shall submit a plan of correction
addressing systemic causes of the deficiencies within a determinate period of
time approved by the licensing authority.
B. Plan of correction:
All deficiencies must be
corrected within a fixed period of time approved by the licensing authority.
C. Failure to timely correct: A
separate civil monetary penalty may be imposed for each uncorrected Class A,
Class B or Class C deficiency for each day that the particular violation
continues beyond the date specified for correction.
[8.370.3.12 NMAC - N, 7/1/2024]
8.370.3.13 CIVIL MONETARY PENALTIES; INITIAL
BASE PENALTY: The authority shall impose civil monetary penalties in
accordance with these regulations on licensed facilities, not to exceed $5,000
per day.
A. Civil monetary penalty; initial base penalty assessed: An
initial base penalty amount is assessed when a civil monetary penalty is
imposed. The base penalty amount is
calculated at the rate of the most serious deficiency. For example, the base penalty amount is
assessed at the rate applicable to a class A deficiency when the survey or
investigation results in citation of regulatory violations comprising class A,
class B and class C deficiencies, because the most serious regulatory violation
is the class A deficiency. The base
penalty is assessed once for the deficiencies cited by the licensing authority
during any particular survey or investigation.
The base penalty amount is usually greater than the daily penalty amount
for the same deficiency.
B. Civil monetary penalty; initial base penalty amount: The
licensing authority has the discretion to impose an initial base penalty at any
amount within the range for each deficiency level.
(1) Class
A deficiency: not less than $500 and not
greater than $5,000.
(2) Class
B deficiency: not less than $300 and not
greater than $3,000.
(3) Class
C deficiency: not less than $100 and not
greater than $500.
C. Doubling authorized for repeat violations: Where
the facility was assessed a civil monetary penalty for class A or B
deficiencies within the previous 24 months, the initial base penalty amount is
doubled for each instance of the licensed facility's noncompliance with
applicable regulation(s) previously assessed as a class A or B deficiency. Where the facility was assessed a civil
monetary penalty for a class C deficiency within the previous 24 months, the
initial base penalty amount may be doubled for the facility's noncompliance
with the applicable regulation(s) previously assessed as a class C deficiency. If such doubling results in civil monetary
penalties in excess of $5,000 per day, then the civil monetary penalty is
$5,000 per day.
[8.370.3.13 NMAC - N, 7/1/2024]
8.370.3.14 CIVIL MONETARY PENALTY; DAILY
PENALTY:
A. Accrual: The daily civil monetary penalty amount accrues from
the date of harm or injury, or from the date of the regulatory noncompliance,
or from the date of the facility's receipt of notice of the intermediate
sanction, at the discretion of the licensing authority. The daily civil monetary penalty continues
until notice is provided to the licensing authority that all the deficiencies
which were originally cited and relied upon in calculating the amount of the
daily penalty are corrected. No
piecemeal reduction of the daily penalty is available for partial correction of
regulatory violations cited as the basis for all or part of the daily penalty.
B. Calculation of amount:
For a class A, class B, or
class C deficiency, a daily civil monetary penalty is determined by multiplying
the facility's licensed capacity times the facility penalty rate, times the
severity index. The sum of the civil
penalties for each class A, class B and class C deficiency is the total daily
civil monetary penalty amount for all class A, class B and class C deficiencies. For each day that the total daily civil
monetary penalty for each class A, class B and repeat class C deficiency
exceeds $5,000, the civil monetary penalty is $5,000. Expressed as a formula, the calculation of
the civil monetary penalty amount per deficiency equals the lesser of either:
(1) $5,000;
or
(2) (licensed
capacity) x (facility penalty rate) x (severity index).
[8.370.3.14 NMAC - N, 7/1/2024]
8.370.3.15 CALCULATION OF AMOUNT OF CIVIL
MONETARY PENALTY - DOUBLING FOR REPEAT DEFICIENCIES:
A. General: In addition to doubling the base penalty, doubling the
daily civil monetary penalty is authorized and is intended to eliminate repeat
regulatory violations. Doubling occurs
in instances where the facility was assessed a base penalty or a daily civil
monetary penalty for class A or B deficiencies cited within the previous 24
months, and the facility is cited for noncompliance with one or more of the
same regulations on the current survey or investigation for which the previous
civil monetary penalty was assessed. The
licensing authority has greater discretion to double the civil monetary penalty
for class C deficiencies. Where the
facility was assessed a civil monetary penalty for a class C deficiency within
the previous 24 months, the civil monetary penalty may be doubled for the
facility’s noncompliance with the same regulation that previously was assessed
as a class C deficiency. If such
doubling of the civil monetary penalty results in civil monetary penalties in
excess of five thousand dollars ($5,000) per day, then the civil monetary
penalty is five thousand dollars ($5,000) per day.
B. Doubling; repeat class A or B deficiencies: The
amount of the daily civil monetary penalty for a deficiency, as calculated
above, shall be doubled for a second or subsequent violation of the same
regulatory requirement or provision, the violation of which within the prior 24
month period, resulted in, or was part of a group of violations that resulted
in, the imposition of intermediate sanctions or civil monetary penalties as
class A or B deficiencies.
C. Doubling; repeat class C deficiencies: The
amount of the daily civil monetary penalty may be doubled, in the discretion of
the licensing authority, for a second or subsequent violation of the same
regulatory requirement or provision, the violation of which within the prior 24
month period, resulted in, or was part of a group of violations that resulted
in, the imposition of intermediate sanctions or in civil monetary penalties as
a class C deficiency.
[8.370.3.15 NMAC - N, 7/1/2024]
8.370.3.16 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
[8.370.3.16 NMAC - N, 7/1/2024]
8.370.3.17 SEVERITY INDEX: Three
index ratings, in descending order of severity, are established and applied as
follows:
A. Class A: Severity index of five is applied for class A
deficiencies.
B. Class B: Severity index of three is applied for class B
deficiencies.
C. Class C: Severity index of one is applied for class C
deficiencies.
[8.370.3.17 NMAC - N, 7/1/2024]
8.370.3.18 CIVIL MONETARY PENALTIES CUMULATIVE: The
civil monetary penalties imposed by the licensing authority are cumulative and
are in addition to any other fines or penalties, remedies, or other intermediate
sanctions provided by law.
[8.370.3.18 NMAC - N, 7/1/2024]
8.370.3.19 PAYMENT OF MONETARY PENALTIES: The
following will govern the payment of monetary penalties:
A. Unless
an appeal has been filed, the facility has 30 calendar days to pay the monetary
penalty. Calculation begins from the
date the facility received the notice of penalty assessment.
B. Payment
of monetary penalties must be in the form of a money order, certified check,
business or personal check payable to state of New Mexico.
C. The
check or money order must clearly indicate the purpose for the payment, i.e. payment of monetary penalty.
D. Payment
shall be sent to health facility licensing and certification bureau, public
health division, health care authority.
[8.370.3.19 NMAC - N, 7/1/2024]
8.370.3.20 COLLECTION OF CIVIL MONETARY
PENALTY: A civil monetary penalty assessed under these
regulations shall be paid to the authority within 30 days following such
assessment or following the resolution of any appeal. Interest shall accrue at the current judgment
interest rate after 30 days of such assessment or following the resolution of
any appeal. If the facility fails to
submit payment of the civil monetary penalty, then the authority is authorized
to take any of the following actions:
A. The authority
may add the amount of the civil monetary penalty together with accrued interest
to the facility's annual license fee. If
the facility fails to pay such civil monetary penalty and accrued interest, the
license shall not be renewed.
B. The authority
may bring action in a court of competent jurisdiction to recover the amount of
the civil monetary penalty and accrued interest.
[8.370.3.20 NMAC - N, 7/1/2024]
8.370.3.21 DAILY ACCRUAL OF CIVIL MONETARY
PENALTIES: The daily penalty of the civil monetary penalty is
imposed for each day that any cited deficiency exists.
A. Begin date: The accrual of the daily civil monetary penalties
begins from the date of harm or injury, or from the date of the regulatory
noncompliance, or from the date of the facility's receipt of notice of the
intermediate sanction, at the discretion of the licensing authority.
B. End date: Daily civil monetary penalties cease accruing on the
first full day that all deficiencies are corrected.
C. Retroactive accrual for uncorrected deficiencies: A
civil monetary penalty may be assessed for uncorrected deficiencies cited in a
revisit or follow up survey, when the facility was cited for such deficiencies,
but was not assessed daily civil monetary penalties at the time of the
preceding survey. The daily civil
monetary penalty may accrue beginning with the date the uncorrected
deficiencies were cited at the preceding survey.
[8.370.3.21 NMAC - N, 7/1/2024]
8.370.3.22 CESSATION OF DAILY ACCRUAL OF CIVIL
MONETARY PENALTIES: The licensing authority will terminate the daily
accrual of civil monetary penalties attributable to any class A, B, or C
deficiency upon the facility's provision of evidence to the licensing authority
that the specific deficiency has been corrected.
[8.370.3.22 NMAC - N, 7/1/2024]
8.370.3.23 SERVICE OF NOTICE: The
authority shall provide notification, by certified mail, personal delivery, or
by facsimile if the notice is also mailed, of its intent to impose any
intermediate sanction or civil monetary penalty. Notice may be given of the intent to impose a
civil monetary penalty where the total accrued amount of the civil monetary
penalty is not yet determined. Notice
setting out the base amount and final total accrued amount of the daily civil
monetary penalty shall be provided at the time of the determination. Notification of other actions contemplated
under these regulations may be by regular mail, certified mail, or personal
delivery or by facsimile if the notice is also mailed. All time periods for response shall be
calculated beginning on the date of service, unless otherwise provided.
[8.370.3.23 NMAC - N, 7/1/2024]
8.370.3.24 RIGHT TO APPEAL: The
facility may appeal the authority's notice of license suspension, license
revocation, imposition of intermediate sanctions, or civil monetary penalties. The administrative appeal hearing shall be
conducted by an impartial hearing officer appointed by the secretary of the authority.
[8.370.3.24 NMAC - N, 7/1/2024]
8.370.3.25 TIMELINESS: To
obtain an administrative appeal hearing, the facility must make a timely
request in writing.
A. Suspensions, revocations, intermediate sanctions, or
civil monetary penalties: The authority must receive written request for an
appeal hearing within ten working days after the facility receives the authority's
final notice of suspension, revocation, intermediate sanction, or civil
monetary penalty. In any appeal of the authority's
imposition of civil monetary penalties, final notice from which an appeal may
be taken is that notice which sets out the total civil monetary penalty,
including both the base amount and the daily accrual amount.
B. Emergency suspension and emergency intermediate sanctions: The
authority shall provide notice of an administrative appeal hearing concurrently
with notice of an emergency suspension or emergency intermediate sanction. The administrative appeal hearing is
scheduled within five working days of the date of imposition of the authority's
emergency action. The facility may waive
this hearing and request a hearing at a later date. The authority must receive such a waiver and
written request for a later hearing within four working days after the facility
receives notice of the emergency action.
C. Cease and desist order:
The authority must receive
written request for an appeal hearing within five working days after the
facility receives the cease and desist order.
[8.370.3.25 NMAC - N, 7/1/2024]
8.370.3.26 APPEAL PROCEDURES: Adjudicatory
Hearings, New Mexico Health care authority, 8.370.2 NMAC shall apply in all
administrative appeals provided by these regulations.
[8.370.3.26 NMAC - N, 7/1/2024]
8.370.3.27 RESOLUTION WITHOUT HEARING -
PENALTY REDUCTION: The facility may satisfy, in full, the amount of any
civil monetary penalty imposed under these regulations if, within ten working
days following receipt of the notice:
A. the authority
receives the facility's written waiver of any right to appeal; and
B. the authority
receives the facility's payment of one-half (fifty percent) of the amount of
the civil monetary penalty imposed.
[8.370.3.27 NMAC - N, 7/1/2024]
8.370.3.28 STAY OF SANCTION: The
authority's receipt of the facility's notice of appeal shall operate as a stay
of suspension, revocation, intermediate sanction (except temporary manager or
monitor), or civil monetary penalty. In
the case of emergency suspension or emergency intermediate sanctions, however,
neither the immediate five day hearing nor the facility's request for a later
hearing will stay the authority's action.
[8.370.3.28 NMAC - N, 7/1/2024]
8.370.3.29 PREHEARING NEGOTIATIONS; NO TOLLING: Discussions
and negotiations between the authority and a facility prior to hearing do not
postpone any deadlines for an appeal, unless as a result of negotiations the authority
and facility agree to postponement in writing.
[8.370.3.29 NMAC - N, 7/1/2024]
8.370.3.30 RELATED REGULATION AND CODES: Health
facilities subject to these regulations are also subject to other regulations,
codes and standards as the same may from time to time be amended as follows:
A. Adjudicatory
hearings, New Mexico health care authority, 8.370.2 NMAC.
B. Requirements
for long term care facilities, New Mexico health care authority, 8.370.16 NMAC.
C. Requirements
for general and special hospitals, New Mexico health care authority, 8.370.12
NMAC.
D. Health
facility licensure fees and procedures, New Mexico health care authority, 8.370.3
NMAC.
E. Requirements
for adult day care facilities, New Mexico health care authority, 8.370.20 NMAC.
F. Requirements
for adult residential care facilities, New Mexico health care authority, 8.370.14
NMAC.
G. Requirements
for inhome and inpatient hospice care, New Mexico health care authority, 8.370.19
NMAC.
H. Requirements
for home health agencies, New Mexico health care authority, 8.370.24 NMAC.
I. Requirements
for facilities providing outpatient medical services and infirmaries, New
Mexico health care authority, 8.370.18 NMAC.
J. Requirements
for intermediate care facilities for the mentally retarded, New Mexico health
care authority, 8.370.22 NMAC.
K. Requirements
for end stage renal disease facilities, New Mexico health care authority, 8.370.26
NMAC.
[8.370.3.30 NMAC - N, 7/1/2024]
History of 8.370.3 NMAC: [RESERVED]