New Mexico Administrative Code
Title 8 - SOCIAL SERVICES
Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS
Part 10 - ABUSE, NEGLECT, EXPLOITATION, AND DEATH REPORTING, TRAINING AND RELATED REQUIREMENTS FOR COMMUNITY PROVIDERS
Section 8.370.10.13 - INFORMAL RECONSIDERATION OF FINDINGS
Universal Citation: 8 NM Admin Code 8.370.10.13
Current through Register Vol. 35, No. 18, September 24, 2024
A. An aggrieved person or provider agency may request an informal reconsideration of findings (IRF) of a decision made by the division regarding a substantiation of abuse, neglect, or exploitation in accordance with the provisions set forth in this section.
B. A request for an IRF must be submitted in writing along with all relevant evidence to be considered by the bureau within 10 calendar days of the date of the letter of substantiation. The bureau may reverse the substantiation at any time at or before the IRF review.
C. Informal reconsideration of findings process.
(1) The person conducting the review
shall be neutral and have no direct involvement with the investigation or
substantiation.
(2) The person
conducting the IRF shall issue a written decision within 30 days of the review,
giving the reason why the substantiation, by preponderance of evidence, is
modified, affirmed, or reversed. The written decision will be mailed to the
aggrieved party and placed in the case record no later than the
30th day after receipt of the request for the
IRF.
(3) The decision by the person
conducting the IRF is final and non-appealable except as otherwise provided for
by law.
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