8.11.6 NMAC — Employee Abuse Registry (Adult Protective Services)

What this rule requires your agency to do

• 1A provider may not employ or contract with an individual to be an employee if the individual is listed on the registry as having a substantiated registry-referred incident of abuse, neglect or exploitation (8.11.6.8.B).(8.11.6 NMAC — Employee Abuse Registry (Adult Protective Services))
• 2Failure to make an appropriate and timely registry inquiry, to maintain evidence of it, or to employ a listed person, may be sanctioned by a directed plan of correction, a civil monetary penalty not to exceed $5,000 per instance, or termination/non-renewal of any contract (8.11.6.8.F; 8.11.6.12.G).(8.11.6 NMAC — Employee Abuse Registry (Adult Protective Services))
• 3The provider shall give APS investigators immediate physical access to facilities/service sites, records (billing, patient trust accounts, medical, personnel, and registry-inquiry documentation), and reasonable access to recipients and interviewees during investigations (8.11.6.12.A–F).(8.11.6 NMAC — Employee Abuse Registry (Adult Protective Services))
• 4For direct-care employees who are licensed health care professionals or certified nurse aides, the provider shall maintain documentation of current licensure or certification (8.11.6.8.E).(8.11.6 NMAC — Employee Abuse Registry (Adult Protective Services))
• 5A provider, prior to employing or contracting with an employee, shall inquire of the registry whether the individual under consideration is listed on the registry (8.11.6.8.A).(8.11.6 NMAC — Employee Abuse Registry (Adult Protective Services))
• 6In making the inquiry, the provider shall use identifying information sufficient to reasonably and completely search the registry, including name, address, date of birth, social security number, and other required identifying information (8.11.6.8.C).(8.11.6 NMAC — Employee Abuse Registry (Adult Protective Services))
• 7The provider shall maintain documentation in the employee's personnel/employment records evidencing that it made the registry inquiry prior to employment and that the employee was not listed (8.11.6.8.D).(8.11.6 NMAC — Employee Abuse Registry (Adult Protective Services))