This text of New Mexico § 24A-9-9 (Enforcement and administrative fines) is published on Counsel Stack Legal Research, covering New Mexico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
A.The authority shall enforce the provisions of the Health Care Consolidation Oversight Act.
B.A transaction that is covered by Section 24A-9-3 NMSA 1978 shall not be effectuated in New Mexico without the secretary's written determination that no review is needed or without the written approval, with or without conditions, of the secretary following review.
C.A person that violates a material or substantive provision of the Health Care Consolidation Oversight Act or an order or rule of the authority issued or adopted in accordance with that act may be assessed an administrative fine by the secretary of not more than five thousand dollars ($5,000) for each instance of violation unless the violation is willful and intentional, in which case the secretary may assess a fine of not more than
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A. The authority shall enforce the provisions of the Health Care Consolidation Oversight Act. B. A transaction that is covered by Section 24A-9-3 NMSA 1978 shall not be effectuated in New Mexico without the secretary's written determination that no review is needed or without the written approval, with or without conditions, of the secretary following review. C. A person that violates a material or substantive provision of the Health Care Consolidation Oversight Act or an order or rule of the authority issued or adopted in accordance with that act may be assessed an administrative fine by the secretary of not more than five thousand dollars ($5,000) for each instance of violation unless the violation is willful and intentional, in which case the secretary may assess a fine of not more than ten thousand dollars ($10,000) for each violation, except as provided in Paragraph (2) of Subsection D of this section. For purposes of calculating the fine, the secretary shall determine what constitutes an "instance of violation" based on: (1) the nature of the violation, including whether it is on a per-day, per-patient, per-instance or other basis; (2) the nature of the proposed transaction and the circumstances of the parties involved; (3) the potential impact on the availability, accessibility, affordability or quality of care for patients of health care services in New Mexico; and (4) any anticompetitive effects from the proposed transaction. D. In the event of a failure to provide the required notice of proposed transaction, in addition to the imposition of administrative fines, the secretary may: (1) require the parties to the unnoticed transaction to submit a notice of proposed transaction to allow the authority to complete a preliminary review and: (a) determine if the transaction should be subject to a review; and (b) if needed, conduct such review to determine if the transaction should: 1) remain effectuated; 2) remain effectuated with conditions; or 3) be disapproved; and (2) in the event of a willful and intentional failure to provide the notice of proposed transaction, impose an administrative fine of not more than fifteen thousand dollars ($15,000) per day from the date on which the notice was required to be submitted to the authority to the date of issuance of an order approving, approving with conditions or disapproving the transaction. E. Money collected from the imposition of an administrative fine pursuant to the Health Care Consolidation Oversight Act shall be deposited in the state treasury to the credit of the current school fund as provided by Article 12, Section 4 of the constitution of New Mexico.