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(DD) Waiver Service Standards - New Mexico Department of Health

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B. On-Site Inspections. All Provider Agencies shall submit to and cooperate with<br />

announced and unannounced inspection or survey and complaint investigations<br />

conducted by the DOH in order to receive or maintain a <strong>DD</strong>SD <strong>Waiver</strong><br />

agreement and/or a contract with the DOH. The Provider Agency shall give the<br />

DOH immediate or reasonable access to all records required by these standards.<br />

The Provider Agency shall permit the DOH to have private interviews with<br />

individuals and staff.<br />

(1) Frequency and Type <strong>of</strong> Inspections: An inspection or survey may occur at<br />

the discretion <strong>of</strong> the DOH and may be triggered by an event including but<br />

not limited to any one <strong>of</strong> the following:<br />

(a) Prior to the issuance <strong>of</strong> an agreement and/or contract;<br />

(b) Prior to the annual renewal <strong>of</strong> an agreement and/or contract;<br />

(c) Upon complaint or allegation <strong>of</strong> violation <strong>of</strong> these standards;<br />

(d) When there has been a change in ownership <strong>of</strong> the Provider Agency;<br />

(e) When necessary to determine correction <strong>of</strong> cited deficiencies,<br />

compliance with a directed Plan <strong>of</strong> Correction or a Provider Agency<br />

generated Plan <strong>of</strong> Correction, or satisfaction <strong>of</strong> conditions placed on<br />

agreement and/or contract;<br />

(f) Through routine monitoring <strong>of</strong> the Provider Agency’s quarterly reports<br />

assessing the effectiveness <strong>of</strong> service delivery based on the selected<br />

performance indicators established from the requirements within these<br />

standards; and<br />

(g) Anytime the DOH has probable cause to believe a Provider Agency<br />

has violated a regulation or provision <strong>of</strong> these standards.<br />

(2) Retaliation Prohibition: The DOH will accept complaints from any party<br />

regarding suspected violation <strong>of</strong> these standards. The Provider Agency<br />

shall not retaliate against any staff, individual or his or her representative<br />

for filing a complaint or allegation. All complainants have immunity from<br />

civil or criminal liability when the complaint is made in good faith. Any<br />

violations noted during a complaint investigation will be reported to the<br />

Provider Agency in writing.<br />

(3) Enforcement Procedures:<br />

(a) After inspection, a report <strong>of</strong> findings will be sent to the Provider<br />

Agency if the inspection or survey identifies any failure to comply with<br />

these standards. A report <strong>of</strong> findings may be accompanied by a<br />

directed Plan <strong>of</strong> Correction.<br />

(b) The Provider Agency shall complete a Plan <strong>of</strong> Correction to correct<br />

each deficiency, sign and date the plan certifying that the plan will be<br />

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