New Mexico § 27-2-12.7 - Medicaid; human services [health care authority] department employees; standards of conduct; enforcement

§ 27-2-12.7. Medicaid; human services [health care authority] department employees; standards of conduct; enforcement

A. As used in this section: (1) “business” means a corporation, partnership, sole proprietorship, firm, organization

or individual carrying on a business; (2) “department” means the human services [health care authority] department; (3) “employee” means any person who has been appointed to or hired for any department

office connected with the administration of medicaid funds and who receives compensation

in the form of salary; (4) “employee with responsibility” means an employee who is directly involved in or

has a significant part in the medicaid decision-making, regulatory, procurement or

contracting process; and (5) “financial interest” means an interest held by an individual, his spouse or minor

child which is: (a) an ownership interest in business; or (b) any employment or prospective employment for which negotiations have already begun. B. No employee with responsibility shall for twenty-four months following the date

on which he ceases to be an employee act as agent or attorney for any other person

or business in connection with a judicial or administrative proceeding, application,

ruling, contract, claim or other matter relating to the medicaid program with respect

to which the employee made any investigation, rendered any ruling or was otherwise

substantially and directly involved during the last year he was an employee and which

was actually pending under his responsibility within that period. C. No department secretary, income support division director or medical assistance

bureau chief or their deputies shall for twelve months following the date on which

he ceases to be an employee participate in any manner with respect to a judicial or

administrative proceeding, application, ruling, contract, claim or other matter relating

to the medicaid program and pending before the department. D. No employee with responsibility shall participate in any manner with respect to

a judicial or administrative proceeding, application, ruling, contract, claim or other

matter relating to the medicaid program and involving his spouse, minor child or any

business in which he has a financial interest unless prior to such participation: (1) full disclosure of his relationship or financial interest is made in writing to

the secretary of the department; and (2) a written determination is made by the secretary that the disclosed relationship

or financial interest is too remote or inconsequential to affect the integrity of

the services of the employee. E. Violation of any of the provisions of this section by an employee is grounds for

dismissal, demotion or suspension. A former employee who violates any of the provisions of this section shall be subject

to assessment by the department of a civil money penalty of two hundred fifty dollars

($250) for each violation. The department shall promulgate regulations to provide for an administrative appeal

of any assessment imposed.