N.M. Code R. § 7.20.12.20 – Sanctions

A. Action plan: The LCA directs a facility to correct deficiencies within the time frame specified by the LCA through the submission of an action plan. At the discretion of the LCA, the action plan can be written by the facility and approved by the LCA or it may be a directed action plan that the LCA writes and is enforced by the facility within the time frame specified by the LCA. The facility produces proof of correction through submission of appropriate and relevant documentation. The LCA may conduct an on-site visit to review the facility, with emphasis on the previously noted deficiencies. If another on-site visit reveals other deficiencies, the LCA may amend either the action plan or the directed action plan to require compliance with any other deficiencies noted.
B. Restricted admissions or provision of services: The LCA restricts the facility from accepting any new clients or expanding into additional services until such time the identified deficiencies are corrected.
C. Maintenance or reduction of capacity: The LCA directs the facility to maintain or reduce the capacity of the facility until deficiencies are corrected and the LCA approves the corrections.
D. Compliance monitor: The LCA may select a compliance monitor for a specified period of time to closely observe a facilitys compliance efforts. The compliance monitor has authority to review all applicable facility records, policies, procedures and financial records and the authority to interview facility staff and clients. The compliance monitor may also provide consultation to the facility management to correct violations. The facility pays all costs of the compliance monitor.
E. Temporary management: The LCA may appoint professional temporary management with expertise in the field of child and adolescent mental health services the facility provides. The management appointed is primarily responsible for overseeing the operation of the facility, to protect the health and safety of its clients, to assess the correction of deficiencies, or to facilitate an orderly closure. The facility pays all costs of temporary management.
F. Suspension: The LCA suspends licensure for a specified period of time pending correction of deficiencies. During a period of suspension, the medicaid provider agreement terminates on the date of suspension.
G. Denial or revocation of license: The LCA denies initial licensure or renewal of licensure based upon deficiencies related to:
(1) abuse, neglect or exploitation of a client(s); or
(2) presence of, and/or a history of health and safety deficiencies found in current or previous surveys or on-site visits; or
(3) presence of, and/or a history of, licensure revocation, suspension or denial or sanctions or penalties or other similar disciplinary actions taken by the regulatory bodies in other states; or
(4) noncompliance with health and safety related regulations.
H. In such circumstances the medicaid provider agreement terminates on the date of such denial or revocation.
[1/1/99; 7.20.12.20 NMAC - Rn, 7 NMAC 20.12.20, 02/28/05]