Section 12. Corrective Action

If violations of this rule are cited, the facility will be provided with an official statement of deficiencies within 10 business days following the survey. A. Informal dispute review (IDR). The facility may request an informal review of survey deficiencies by providing a written request to the licensing authority within 10 calendar days of receipt of the written survey findings. With the request, the facility shall include information or evidence that justifies the disagreement with a cited deficiency. (1) The licensing authority will review the submitted information and make a determination. (2) If the deficiency is removed, a new statement of deficiencies will be issued to the facility. (3) The facility shall provide a new plan of correction for all remaining deficiencies upon receipt of the new statement of deficiencies. (4) A copy of the “IDR operating rules” is available upon request. B. Plan of correction (POC). The facility shall submit a plan of correction within 10 calendar days of receipt of the statement of deficiencies and after receipt of a revised statement of deficiencies, when the findings are changed pursuant to an IDR. (1) If the first plan of correction (POC) is rejected by the licensing authority, the facility will be sent a second (2nd) copy of the statement of deficiencies. The facility shall complete and return the second copy of the statement of deficiencies with an acceptable plan of correction within three business days. The process will repeat until an acceptable plan of correction is received by the authority. (2) Failure to provide an acceptable plan of correction (POC) within a reasonable period of time, may lead to civil monetary penalties or other sanctions. (3) The plan of correction shall: (a) address how all violations identified in the official statement of deficiencies will be corrected; (b) address how the facility will monitor the corrective action and ensure ongoing compliance; and (c) specify the date that the corrective action will be completed (POC) within a reasonable period of time, may lead to civil monetary penalties or other sanctions. (3) The plan of correction shall: (a) address how all violations identified in the official statement of deficiencies will be corrected; (b) address how the facility will monitor the corrective action and ensure ongoing compliance; and (c) specify the date that the corrective action will be completed. (4) All cited violations shall be corrected within 30 calendar days from the date of the survey; unless the licensing authority approves an extended date. (5) Failure to submit an acceptable plan of correction may result in sanctions, including but not limited to civil monetary penalties, suspension or non-renewal of the facility license. (6) The licensing authority may accept, reject, or direct the plan of correction. [8.370.14.12 NMAC - N, 7/1/2024] 8.370.14.13 GROUNDS FOR REVOCATION, SUSPENSION OR DENIAL OF INITIAL OR RENEWAL OF LICENSE, OR THE IMPOSITION OF SANCTIONS OR CIVIL MONETARY PENALTIES: A. When the licensing authority determines that an application for the renewal of a license will be denied or that a license will be revoked, the licensing authority shall provide written notification to the facility, the residents and the surrogate decision makers for the residents. B. After notice to the facility and an opportunity for a hearing, the authority may deny an initial or renewal application, revoke or suspend the license of a facility or may impose an intermediate sanction and a civil monetary penalty as provided in accordance with the Public Health Act, Section 24-1-5.2 NMSA 1978. C the facility, the residents and the surrogate decision makers for the residents. B. After notice to the facility and an opportunity for a hearing, the authority may deny an initial or renewal application, revoke or suspend the license of a facility or may impose an intermediate sanction and a civil monetary penalty as provided in accordance with the Public Health Act, Section 24-1-5.2 NMSA 1978. C. Grounds for implementing these penalties may be based on the following: (1) failure to comply with any provision of this rule; (2) failure to allow a survey by authorized representatives of the licensing authority; (3) the hiring or retaining of any staff or permitting any private duty attendant or volunteer to work with residents that has a disqualifying conviction under the requirements of the caregiver’s criminal history screening program, 8.370.5 NMAC; 8.370.14 NMAC 9 (4) the misrepresentation or falsification of any information on the application forms or other documents provided to the licensing authority; (5) repeat violations of this rule; (6) failure to maintain or provide services as required by this rule; (7) exceeding licensed capacity; (8) failure to provide an acceptable plan of correction within the time period established by the licensing authority; (9) failure to correct deficiencies within the time period established by the licensing authority; (10) failure to comply with the incident reporting requirements pursuant to incident reporting, intake processing and training requirements, 8.370.9 NMAC; and (11) failure to pay civil monetary penalties pursuant to health facility sanctions and civil monetary penalties, 8.370.4 NMAC.