New Mexico Administrative Code
Title 7 - HEALTH
Chapter 1 - HEALTH GENERAL PROVISIONS
Part 8 - HEALTH FACILITY SANCTIONS AND CIVIL MONETARY PENALTIES
Section 7.1.8.21 - DAILY ACCRUAL OF CIVIL MONETARY PENALTIES
Current through Register Vol. 35, No. 6, March 26, 2024
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.
