Section 7. Definitions

For purposes of these regulations the following shall apply. A. "Abuse" means any act or failure to act performed intentionally, knowingly or recklessly that causes or is likely to cause harm to a resident, including: (1) physical contact that harms or is likely to harm a resident of a health facility; (2) inappropriate use of a physical restraint, isolation, or medication that harms or is likely to harm a resident; (3) inappropriate use of a physical or chemical restraint, medication, or isolation as punishment or in conflict with a physician's order; (4) medically inappropriate conduct that causes or is likely to cause physical harm to a resident; (5) medically inappropriate conduct that causes or is likely to cause great psychological harm to a resident; (6) an unlawful act, a threat or menacing conduct directed toward a resident that results and might reasonably be expected to result in fear or emotional or mental distress to a resident. 8.370.4 NMAC 2 B. "Exploitation" of a resident consists of the act or process, performed intentionally, knowingly, or recklessly, of using a resident's property for another person's profit, advantage or benefit without legal entitlement to do so. C. "Serious physical harm" means physical harm of a type that causes a temporary or permanent physical loss of a bodily member or organ or functional loss of a bodily member or organ or of a major life activity. D. "Serious psychological harm" means psychological harm that causes a temporary or permanent mental or emotional incapacitation or that causes an obvious behavioral change or obvious physical symptoms or that requires psychological or psychiatric treatment or care. E. "Health facility" means any health care entity identified in the Public Health Act which requires state licensure in order to provide health services. F cal harm" means psychological harm that causes a temporary or permanent mental or emotional incapacitation or that causes an obvious behavioral change or obvious physical symptoms or that requires psychological or psychiatric treatment or care. E. "Health facility" means any health care entity identified in the Public Health Act which requires state licensure in order to provide health services. F. "Intermediate sanction" means a measure imposed on a facility for a violation(s) of applicable licensing laws and regulations other than license revocation, suspension, denial of renewal of license or loss of certification. G. "Licensing authority" means the New Mexico health care authority. H. "Neglect" means subject to the resident's right to refuse treatment and subject to the caregiver's right to exercise sound medical discretion, the grossly negligent: (1) failure to provide any treatment, service, care, medication or item that is necessary to maintain the health or safety of a resident; (2) failure to take any reasonable precaution that is necessary to prevent damage to the health or safety of a resident; (3) failure to carry out a duty to supervise properly or control the provision of any treatment, care, good, service or medication necessary to maintain the health or safety of a resident. I. "Class A deficiency" means: (1) any abuse or neglect of a patient, resident, or client by a facility employee or for which the facility is responsible which results in death, or serious physical or psychological harm; or (2) any exploitation of a patient, resident, or client by a facility employee or for which the facility is responsible in which the value of the property exceeds $1,500; or (3) a violation or group of violations of applicable regulations, which results in death, serious physical harm, or serious psychological harm to a patient, resident, or client. J , or serious physical or psychological harm; or (2) any exploitation of a patient, resident, or client by a facility employee or for which the facility is responsible in which the value of the property exceeds $1,500; or (3) a violation or group of violations of applicable regulations, which results in death, serious physical harm, or serious psychological harm to a patient, resident, or client. J. "Class B deficiency" means: (1) any abuse or neglect of a patient, resident, or client by a facility employee or for which the facility is responsible; or (2) any exploitation of a patient, resident, or client by a facility employee or for which the facility is responsible in which the value of the property exceeds $100, but is less than $1,500; or (3) a violation or group of violations of applicable regulations which present a potential risk of injury or harm to any patient, resident or client. K. "Class C deficiency" means: (1) a violation or a group of violations of applicable regulations as cited by surveyors from the licensing authority which have the potential to cause injury or harm to any patient, resident or client if the violation is not corrected; or (2) any exploitation of a patient, resident, or client by a facility employee in which the value of the property was less than $100. [8.370.4.7 NMAC - N, 7/1/2024] 8.370.4.8 TYPES OF INTERMEDIATE SANCTIONS AND CIVIL MONETARY PENALTIES THAT MAY BE IMPOSED ON ANY LICENSED HEALTH CARE FACILITY: A. A directed plan of correction: The licensing authority may direct a licensee to correct violations in a time specified, detailed plan. B. Facility monitors: The licensing authority may select a facility monitor for a specified period of time to closely observe a health facility's compliance efforts. The facility monitor shall have authority to review all applicable facility records, policies, procedures and financial records; and the authority to interview facility staff and residents iolations in a time specified, detailed plan. B. Facility monitors: The licensing authority may select a facility monitor for a specified period of time to closely observe a health facility's compliance efforts. The facility monitor shall have authority to review all applicable facility records, policies, procedures and financial records; and the authority to interview facility staff and residents. The facility monitor may also provide consultation to the facility management and staff in the correction of violations. The health facility must pay all reasonable costs of a facility monitor. C. Temporary management: The licensing authority may appoint temporary management with expertise in the field of health services to oversee the operation of the health facility. The management appointed 8.370.4 NMAC 3 will ensure that the health and safety of the facility's patients, residents, or clients is protected. The health facility must pay all reasonable costs of temporary management. D. Restricted admissions or provision of services: The licensing authority may restrict the health facility from providing designated services and from accepting any new patients, residents, or clients until deficiencies are corrected. E. Reduction of licensed capacity: The licensing authority may reduce the licensed capacity of a health facility. F. Civil monetary penalty: The licensing authority may impose on any health facility a civil monetary penalty. (1) The amount of the civil monetary penalty is based upon the total of: (a) the initial base penalty; (b) a daily penalty which is calculated based on the uncorrected deficiencies which exist for each day following the notice to the facility, and; (c) any penalty doubling for repeat deficiencies. Civil monetary penalties shall not exceed a total of $5,000 per day. (2) Limitation: A civil monetary penalty is not intended to force the closure of a licensed facility in lieu of license revocation lty; (b) a daily penalty which is calculated based on the uncorrected deficiencies which exist for each day following the notice to the facility, and; (c) any penalty doubling for repeat deficiencies. Civil monetary penalties shall not exceed a total of $5,000 per day. (2) Limitation: A civil monetary penalty is not intended to force the closure of a licensed facility in lieu of license revocation. (3) Burden of proof; limitation: Any facility seeking to show that the imposition of a civil monetary penalty will result in the forced closure of the facility must prove the same by clear and convincing evidence.