N.M. Code R. § 9.2.21.9 - RETALIATION

A. Any person or entity that discriminates against, disciplines, or retaliates against any resident, employee, or other person for filing a complaint with the long-term care ombudsman program, or for providing information to, or otherwise cooperating with, the long-term care ombudsman program shall be subjected to civil penalties up to a maximum of $10,000 per occurrence as follows:

(1) discharging a resident: $10,000 per occurrence;

(2) withholding treatment to, or medication from, a resident: $2,500 minimum per occurrence;

(3) isolating a resident or changing a resident's room: $1,000 minimum per occurrence;

(4) restricting a resident's ability to communicate with others: $1,000 minimum per occurrence;

(5) ignoring a resident's request for assistance or delaying response to a request: $1,000 minimum per occurrence;

(6) taking a resident's property, even if the property has no value: $1,000 minimum per occurrence;

(7) terminating an employee of a long-term care facility: $10,000 per occurrence;

(8) suspending, demoting or taking any other action with monetary consequences against an employee of a long-term care facility: $2,500 minimum per occurrence;

(9) barring a person from a facility: $1,000 minimum per occurrence; and

(10) instituting any other discriminatory, disciplinary or retaliatory action against a resident, a resident's family member or other representative, an employee, or any other person: $500 minimum per occurrence.

B. Factors that will be considered in imposing civil penalties greater than the minimum amounts include, but are not limited to, the following:

(1) whether the discrimination, discipline or retaliation caused actual harm to any resident of the facility;

(2) the number and amounts of civil penalties that have been assessed against a facility or its owners previously; and

(3) whether the discrimination, discipline or retaliation was based on a facility policy or a policy of its owners (as opposed, for example, to an isolated incident caused by a lower-level employee).

Notes

N.M. Code R. § 9.2.21.9

9.2.21.9 NMAC - N, 4/1/2004