New Mexico § 24-1-5.2 - Health facilities; intermediate sanctions; civil penalty

§ 24-1-5.2. Health facilities; intermediate sanctions; civil penalty

A. Upon a determination that a health facility is not in compliance with any licensing

requirement of the department, the department, subject to the provisions of this section

and Section 24-1-5 NMSA 1978 , may: (1) impose any intermediate sanction established by rule, including but not limited

to: (a) a directed plan of correction; (b) facility monitors; (c) denial of payment for new medicaid admissions to the facility; (d) temporary management or receivership; and (e) restricted admissions; (2) assess a civil monetary penalty, with interest, for each day the facility is or

was out of compliance. Civil monetary penalties shall not exceed a total of five thousand dollars ($5,000)

per day. Penalties and interest amounts assessed under this paragraph and recovered on behalf

of the state shall be remitted to the department in a recurring account in the state

treasury for the sole purpose of funding the nonreimbursed cost of facility monitors,

temporary management and health facility receiverships. The civil monetary penalties contained in this paragraph are cumulative and may

be imposed in addition to any other fines or penalties provided by law; and (3) with respect to health facilities other than childcare centers or facilities,

proceed pursuant to the Health Facility Receivership Act. 1 B. The secretary shall adopt and promulgate rules specifying the criteria for imposition

of any intermediate sanction and civil monetary penalty. The criteria shall provide for more severe sanctions for a violation that results

in any abuse, neglect or exploitation of residents, clients or patients as defined

in the rules or that places one or more residents, clients or patients of a health

facility at substantial risk of serious physical or mental harm. C. The provisions of this section for intermediate sanctions and civil monetary penalties

shall apply to certified nursing facilities except when a federal agency has imposed

the same remedies, sanctions or penalties for the same or similar violations. D. Rules adopted by the department shall permit sanctions pursuant to Paragraphs (1)

and (2) of Subsection A of this section for a specific violation in a certified nursing

facility if: (1) the state statute or rule is not duplicated by a federal certification rule;

or (2) the department determines intermediate sanctions are necessary if sanctions permitted

pursuant to Paragraphs (1) and (2) of Subsection A of this section do not duplicate

a sanction imposed under the authority of 42 U.S.C. 1395 or 1396 for a particular deficiency. E. A health facility is liable for the reasonable costs of a directed plan of correction,

facility monitors, temporary management or receivership imposed pursuant to this section

and Section 24-1-5 NMSA 1978 . The department may take all necessary and appropriate legal action to recover these

costs from a health facility. All money recovered from a health facility pursuant to this subsection shall be

paid into the general fund. 1

NMSA 1978, § 24-1E-1 et seq.