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