N.M. Admin. Code § 8.370.4.16

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

Section 8.370.4.16 - LICENSED CAPACITY AND FACILITY PENALTY RATES

A.Licensed capacity: For purposes of calculating the amount of civil monetary penalties, the facility's licensed capacity is determined by one of the following two methods, depending on the type of facility:

(1) For a facility having a capacity stated on its license, that capacity amount is employed in calculating the daily civil monetary penalty imposed by the licensing authority.

(2) For facilities not having a capacity reflected on the license, the licensed capacity will be based on the average number of patients or clients receiving services from the facility each day for the five working days preceding the day deficiencies were noted during the survey or investigation by the licensing authority.

B.Facility penalty rates: For purposes of calculation of the amount of civil monetary penalties the following penalty rates for facilities are as listed below:

TYPE OF FACILITY PENALTY RATE

(1) Adult residential facilities:

(a) adult residential shelter care home $10.00

(b) community residential facility for developmentally disabled individuals $10.00

(c) residential treatment home $10.00

(d) boarding home $10.00

(e) halfway home $10.00

(f) new or innovative programs $10.00

(2) Adult day care facilities:

(a) adult day care center $10.00

(b) adult day care home $10.00

(c) new or innovative programs $10.00

(3) General and special hospitals:

(a) rehabilitation hospital $10.00

(b) general hospital $10.00

(c) psychiatric hospital $10.00

(d) specialty hospitals $10.00

(e) rural primary care hospital $10.00

(4) Long term care facilities:

(a) intermediate care facility (ICF) $10.00

(b) medicaid certified nursing facilities (NF) $10.00

(c) skilled nursing facility (SNF) $10.00

(d) intermediate care facility for the mentally retarded (ICF/MR) $10.00

(5) Facilities providing outpatient medical services and infirmaries:

(a) ambulatory surgical center $65.00

(b) diagnostic and treatment center $10.00

(c) limited diagnostic and treatment center $10.00

(d) rural health clinic $10.00

(e) infirmary $10.00

(f) new or innovative clinic $10.00

(6) Other facilities:

(a) home health agency $10.00

(b) end stage renal disease $65.00

(c) hospice $10.00

N.M. Admin. Code § 8.370.4.16

Adopted by New Mexico Register, Volume XXXV, Issue 12, June 25, 2024, eff. 7/1/2024