A. COMPLAINTS AGAINST A CONTRACTED PROVIDER UNDER CONTRACT WITH THE GUARDIANSHIP PROGRAM WITHIN 30 CALENDAR DAYS
First, try to reach a resolution with the contractor. However, if have reason to believe an emergency situation exists, or a delay of the investigation could result in harm to the incapacitated person (client), or retaliation by the contractor, then, you may file a complaint with the Guardianship Program. The complaint must be in writing either by the client or on behalf of the client.
(See section 220.127.116.11 Subsections A-D at www.nmddpc.com/regulations).
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The complaint should include as much information as possible, including the following:
(1) name of the incapacitated person;
(2) name of the contact information for the individual making the complaint on behalf of the incapacitated person;
(3) relationship of the complaining party to the incapacitated person;
(4) name of the individual contractor against whom the complaint is being made;
(5) name of the party who has attempted to resolve the complaint, if known;
(6) what actions have been taken to attempt to resolve the complaint;
(7) details of the complaint including the alleged wrongdoing, the involved parties and when and where the wrongdoing occurred;
(See section 18.104.22.168 Subsection E at www.nmddpc.com/regulations).
The complaint made to the office of guardianship may be submitted by mail or fax unless a reasonable accommodation is necessary.
In order to preserve the confidentiality of the incapacitated person, the complaint shall be submitted to: The NMDDPC Office of Guardianship; 625 Silver Av. SW Suite 100 Albuquerque, NM 87120; (505) 841-4519; (505) 841-4590 (Fax).
(See section 22.214.171.124 Subsections F and G at www.nmddpc.com/regulations).
Upon receipt of a verbal or written complaint, the NMDDPC office of guardianship shall:
(1) acknowledge receipt of a the complaint in writing;
(2) notify all parties involved; and
(3) initiate an investigation within 15 working days of the filing of the complaint with the NMDDPC office of the guardianship;
(4) where sufficient information is provided to allow the NMDDPC office of guardianship to continue the investigation, the NMDDPC office of guardianship will make further inquiries if possible or discontinue the investigation; justification for closure of investigations based on insufficient information will be documented.
(See section 126.96.36.199 Subsection H at www.nmddpc.com/regulations).
A determination decision shall be made within 60 working days after the complaint is filed with the NMDDPC office of guardianship unless a shorter time frame is required to protect the protected person.
A determination decision shall include:
(1) the decision made;
(2) the basis for the decision;
(3) notice of the complaining party’s right to file a complaint about the actions taken by the NMDDPC office of guardianship related to the investigational process pursuant to 188.8.131.52 NMAC;
(4) further actions to be taken by the NMDDPC office of guardianship and the contractor which may include, but shall not be limited to:
(a) the imposition of a corrective action plan on the contractor; and
(b) a referral of the complaint to other agencies for investigation and prosecution.
Please note there must be sufficient information in the complaint to allow the Guardianship Program to investigate the complaint.
(See section 184.108.40.206 Subsections I and J at www.nmddpc.com/regulations).