N.M. Admin. Code § 8.370.8.12

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

Section 8.370.8.12 - PROVIDER COOPERATION

A.Access to provider by investigators. The provider shall provide immediate physical access to the provider's entire facility or its service delivery sites to investigators from the authority or APS. The investigators may require such access during any or all shifts.

B.Access to provider records. The provider shall provide to investigators from the authority or APS immediate access to all information obtained as a result of the provider's own internal investigation of the matters that form the basis of the complaint, including but not limited to written statements, interviews, affidavits, physical items, medical information, electronic and computer data, and photographic information.

C.Interviews. Investigators from the authority or APS shall have a reasonable opportunity to conduct confidential interviews with any person who may have relevant information relating to the complaint, including employees and other staff including licensed health care professionals and certified nurse aides, other licensed health care professionals and other provider staff, recipients of care or services from the provider and their family members, guardians, health care decision makers and friends.

D.Physical access to recipients of care and services. The provider must allow reasonable access to individuals receiving care or services from the provider to investigators from the authority or APS when such investigators announce that they are investigating a complaint. Such access may be telephonic or face-to-face.

E.Access to the provider's records, patient trust accounts and patient property. The provider must provide immediate access to investigators from the authority or APS to the provider's billing records, patient trust accounts, representative payee records, patient care and medical records, and patient property. In addition the provider must assure access to employee and personnel records, including documentation showing provider inquiry to the registry.

F.Copying. The access required to be provided to investigators includes copying paper documents and printing and copying electronic and computer records or data. Copied documents shall be retained in accordance with applicable state retention policies.

G.Consequences of provider's denial of cooperation. The authority shall administer sanctions for a provider's failure to comply with the Employee Abuse Registry Act, including failure to provide access as required herein to conduct investigations of complaints, and such sanctions include a directed plan of correction, a civil monetary penalty not to exceed $5,000, or such sanctions as are available under applicable contract or licensing provisions.

N.M. Admin. Code § 8.370.8.12

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