New Mexico Administrative Code
Title 9 - HUMAN RIGHTS
Chapter 2 - AGE
Part 21 - CIVIL PENALTY ASSESSMENTS BY THE STATE LONG-TERM CARE OMBUDSMAN
Section 9.2.21.9 - RETALIATION

Universal Citation: 9 NM Admin Code 9.2.21.9

Current through Register Vol. 35, No. 18, September 24, 2024

A. Any person or entity that discriminates against, disciplines, or retaliates against any resident, employee, or other person for filing a complaint with the long-term care ombudsman program, or for providing information to, or otherwise cooperating with, the long-term care ombudsman program shall be subjected to civil penalties up to a maximum of $10,000 per occurrence as follows:

(1) discharging a resident: $10,000 per occurrence;

(2) withholding treatment to, or medication from, a resident: $2,500 minimum per occurrence;

(3) isolating a resident or changing a resident's room: $1,000 minimum per occurrence;

(4) restricting a resident's ability to communicate with others: $1,000 minimum per occurrence;

(5) ignoring a resident's request for assistance or delaying response to a request: $1,000 minimum per occurrence;

(6) taking a resident's property, even if the property has no value: $1,000 minimum per occurrence;

(7) terminating an employee of a long-term care facility: $10,000 per occurrence;

(8) suspending, demoting or taking any other action with monetary consequences against an employee of a long-term care facility: $2,500 minimum per occurrence;

(9) barring a person from a facility: $1,000 minimum per occurrence; and

(10) instituting any other discriminatory, disciplinary or retaliatory action against a resident, a resident's family member or other representative, an employee, or any other person: $500 minimum per occurrence.

B. Factors that will be considered in imposing civil penalties greater than the minimum amounts include, but are not limited to, the following:

(1) whether the discrimination, discipline or retaliation caused actual harm to any resident of the facility;

(2) the number and amounts of civil penalties that have been assessed against a facility or its owners previously; and

(3) whether the discrimination, discipline or retaliation was based on a facility policy or a policy of its owners (as opposed, for example, to an isolated incident caused by a lower-level employee).

Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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