7.8.2.13                 GROUNDS FOR REVOCATION, SUSPENSION OR DENIAL OF INITIAL OR RENEWAL OF LICENSE, OR THE IMPOSITION OF SANCTIONS OR CIVIL MONETARY PENALTIES:

  1.             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.
  2.             After notice to the facility and an opportunity for a hearing, the department 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.
  3.             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, 7.1.9 NMAC;

                                (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, 7.1.13 NMAC; and

                                (11)         failure to pay civil monetary penalties pursuant to Health Facility Sanctions and Civil Monetary Penalties, 7.1.8 NMAC.

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