N.M. Admin. Code § 8.371.4.12

Current through Register Vol. 35, No. 23, December 10, 2024

Section 8.371.4.12 - COMPLAINT PROCEDURE AVAILABLE

A. The complaint process (Section 13 of this regulation) is available to resolve complaints alleging that a service provider, its employee, or a person acting under contract with the service provider has violated rights of the client set forth in the federal or state constitutions, statutes or applicable authority regulations or policies and such violation adversely affects the client. The administrative appeal process (Section 14 of this regulation) is available, however, only as to alleged violations of rights set forth in the federal and state constitutions, statutes and authority regulations and policies designated "client's rights."

B. The complaint procedure shall be available to clients or their legal guardians. The client or the legal guardian has the right to a legal representative or advocate of their choice at no expense to the authority.

C. If a complaint alleges a violation of statute, regulation or ordinance that another state agency or public entity has authority to investigate and enforce, the division may refer the complaint to that entity unless the client objects to the referral, except that the division shall report the violation when there is a statutory requirement to report. The division may decline to investigate the complaint.

D. The complaint procedure is not available to the service provider to review the final decision of the authority. The service provider may seek redress for any adverse action if provided by the terms of the service provider's contract or provider agreement.

E. The client may withdraw their complaint at any time. If the complainant is not the client, the division shall not continue the complaint procedure under this regulation if the client objects. The division may pursue its own investigation and take corrective action as appropriate.

F. The complainant and the service provider may settle a complaint by mutual agreement unless the client objects. However, the complainant and the service provider may not modify a finding substantiating the complaint.

N.M. Admin. Code § 8.371.4.12

Adopted by New Mexico Register, Volume XXXV, Issue 12, June 25, 2024, eff. 7/1/2024