N.M. Admin. Code § 7.5.5.16

Current through Register Vol. 35, No. 23, December 10, 2024

Section 7.5.5.16 - SANCTIONS AND NONCOMPLIANCE

A. A provider is in noncompliance if they fail to follow any of these regulations.

B. If noncompliance is substantiated, the department will issue the provider a written report of deficiencies which shall include a plan of correction.

(1) The provider must correct any deficiencies identified in the department's plan of correction within a fixed period of time.

(2) The period of time for a provider to correct deficiencies will be reasonably determined by the division and be based on the circumstances of the noncompliance. The time period will be specified in the plan of correction.

C. Upon expiration of the correction date as stated in the plan of correction, pursuant to Section 24-1-21 NMSA the division may impose a separate civil monetary penalty of one hundred dollars ($100) for each repeated instance of noncompliance, including, but not limited to each invalid or improper entry. The division shall issue a written report detailing the repeated non-compliance and the civil monetary penalty. The civil monetary penalty shall not exceed five thousand dollars ($5,000) per report.

N.M. Admin. Code § 7.5.5.16

Adopted by New Mexico Register, Volume XXIX, Issue 20, October 30, 2018, eff. 10/30/2018