Section 9. Emergency Application

The intermediate sanctions may be imposed on an emergency basis when there exists an immediate threat to human health and safety. An administrative hearing will be schedule within five working days, unless waived by the facility. A request for a hearing does not stay the imposition of the emergency sanction. [8.370.4.9 NMAC - N, 7/1/2024] 8.370.4.10 ADDITIONAL TYPES OF INTERMEDIATE SANCTIONS AND CIVIL MONETARY PENALTIES THAT MAY BE IMPOSED ON MEDICAID CERTIFIED NURSING FACILITIES: A. Denial of payment and a facility monitor: The licensing authority may recommend denial of payment and a facility monitor to the medical assistance division, New Mexico health care authority when survey findings document non-compliance with federal regulations governing conditions of participation. Substandard quality of care must be documented on three consecutive surveys. The facility monitor shall remain until the facility has demonstrated, to the satisfaction of the licensing authority, that it is in compliance with the conditions of participation and that it will remain in compliance with such requirements. B. Temporary management or termination of medicaid participation: The licensing authority may impose temporary management or recommend termination of the medicaid provider participation agreement when survey findings document deficiencies which immediately jeopardize the health and safety of the residents. Notice of this sanction must provide that a hearing will be conducted within five working days of the imposition of the sanction. [8.370.4.10 NMAC - N, 7/1/2024] 8.370.4.11 CONSIDERATIONS FOR IMPOSITION OF INTERMEDIATE SANCTIONS OR CIVIL MONETARY PENALTIES: Before intermediate sanctions or civil monetary penalties are imposed, they will be reviewed and approved by the director of the public health division or their designee. The following factors shall be considered by supervisory personnel of the licensing authority when determining whether to impose one or more intermediate sanctions or civil monetary penalties: A TIONS OR CIVIL MONETARY PENALTIES: Before intermediate sanctions or civil monetary penalties are imposed, they will be reviewed and approved by the director of the public health division or their designee. The following factors shall be considered by supervisory personnel of the licensing authority when determining whether to impose one or more intermediate sanctions or civil monetary penalties: A. death or serious injury to a patient, resident or client; B. abuse, neglect or exploitation of a patient, resident or client; C. regulatory violations which immediately jeopardize the health or safety of the patients, residents or clients of a health facility; D. numerous violations, which combined, jeopardize the health or safety of patients, residents or clients of a health facility; E. repetitive violations of the same nature found during two or more consecutive on-site visits or surveys of a health facility; 8.370.4 NMAC 4 F. failure of a health facility to correct violations found during previous surveys or visits; G. compliance history; H. intentional deceit regarding condition of the facility; I. effect of a civil monetary penalty on financial viability of the facility; J. extenuating circumstances. Extenuating circumstances allow the licensing authority greater discretion to consider both mitigating and exacerbating circumstances not specifically defined.