New Mexico Administrative Code
Title 8 - SOCIAL SERVICES
Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS
Part 4 - HEALTH FACILITY SANCTIONS AND CIVIL MONETARY PENALTIES
Section 8.370.4.10 - 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 noncompliance 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.