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 8.370.4.11 - CONSIDERATIONS FOR IMPOSITION OF INTERMEDIATE SANCTIONS OR CIVIL MONETARY PENALTIES
Current through Register Vol. 35, No. 18, September 24, 2024
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.
