N.M. Code R. § 9.2.19.41 - ANONYMOUS EVALUATIONS
A. Chapter 28,
Articles 7 and 17 of the NMSA 1978 authorize and direct the department and the
office to protect the health, safety, welfare and rights of the aged and other
residents of long-term care facilities in this state, to investigate and
resolve complaints of such residents, and to report on conditions of long-term
care facilities. Subsection C of Section
28-4-6 NMSA 1978 specifically
provides that the department may conduct unannounced evaluations of long-term
care facilities by the use of undercover residents or employees. Pursuant to
its authority as the parent agency of the office, the department may carry out
such evaluations by and through the office; however, under no circumstances
shall federal funding be used for such anonymous evaluations.
B. The department shall conduct all
undercover evaluations authorized by Subsection C of 28-4-6 NMSA 1978 in
accordance with its procedures for the conduct of anonymous evaluations of
long-term care facilities adopted pursuant to such authority and in
consultation with the department's cabinet secretary.
Notes
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