N.M. Code R. § 9.2.19.28 - ORGANIZATIONAL CONFLICTS

An organizational conflict may arise when program placement is made in an agency which has not identified and taken steps to remove or remedy conflicts of interest between the office and the state agency and notified the assistant secretary of the federal health and human services department of its plan for removing the conflict, pursuant to 45 CFR 1324.21(b)(1). An organizational conflict of interest exists where the office:

A. has an ownership or investment interest (represented by equity, debt, or other financial relationship) in a long-term care facility or a long-term care service;

B. provides long-term care services, including the provision of personnel for long-term care facilities or the operation of programs that control services for or residents' access to long-term care facilities;

C. has governing board members with ownership, investment or employment interest in long-term care facilities; or

D. has direct involvement in the licensing or certification of a long-term care facility or long-term care services.

Notes

N.M. Code R. § 9.2.19.28

9.2.19.28 NMAC - N, 2/1/2001, Adopted by New Mexico Register, Volume XXVIII, Issue 24, December 26, 2017, eff. 12/29/2017