Section 24-17-16 - Identification and procedures for correction of violations.
24-17-16. Identification and procedures for correction of violations.
A. If the state agency on aging determines that a person or an organization has engaged in or is about to engage in an act or practice constituting a violation of the Continuing Care Act [24-17-1 NMSA 1978] or any rule adopted pursuant to that act, the state agency on aging shall issue a notice of violation in writing to that person or organization and send copies to the resident association of any facility affected by the notice.
B. The notice of violation shall state the following:
(1) a description of a violation at issue;
(2) the action that, in the judgment of the state agency on aging, the provider should take to conform to the law or the assurances that the state agency on aging requires to establish that no violation is about to occur;
(3) the compliance date by which the provider shall correct any violation or submit assurances;
(4) the requirements for filing a report of compliance; and
(5) the applicable sanctions for failure to correct the violation or failure to file the report of compliance according to the terms of the notice of violation.
C. At any time after receipt of a notice of violation, the person or organization to which the notice is addressed or the state agency on aging may request a conference. The state agency on aging shall schedule a conference within seven days of a request.
D. The purpose of the conference is to discuss the contents of the notice of violation and to assist the addressee to comply with the requirements of the Continuing Care Act. Subject to rules that the state agency on aging may promulgate, a representative of the resident association at any facility affected by the notice shall have a right to attend the conference.
E. A person receiving a notice of violation shall submit a signed report of compliance as provided by the notice. The state agency on aging shall send a copy to the resident association of any facility affected by the notice.
F. Upon receipt of the report of compliance the state agency on aging shall take steps to determine that compliance has been achieved.