May 18—ALBUQUERQUE — New Mexico Attorney General Raúl Torrez recommended a series of reforms Thursday to a state-run program for children and adults with intellectual and developmental disabilities in response to the death of a 38-year-old disabled woman under a program provider's care.

Among them are new civil and criminal penalties for companies that contract with the state under the Developmental Disability Waiver program and providers responsible for caring for some of the most vulnerable people in New Mexico.

"Adding additional penalties would fundamentally reorient and refocus their efforts and hopefully encourage them to spend a good deal more on making sure that people like Mary [Melero] are better protected," Torrez said at a news conference at The Clyde Hotel downtown.

As first reported by The New Mexican, authorities arrested three women Wednesday in connection with Melero's death.

U.S. Customs and Border Protection agents discovered Melero unresponsive and wrapped in a blanket in the back of a passenger van Feb. 27 after an inspection at the Bridge of the Americas Port of Entry in El Paso.

Her primary caregiver, Angelita Chacon, told authorities she was trying to take Melero to Mexico so she could receive medical treatment for her "wounds," which proved to be extensive and required immediate medical care.

"Severely dehydrated and drugged, Melero had numerous open wounds, including chronic bedsores with exposed bone, bruises and lacerations on various parts of her body, and ligature marks consistent with prolonged restraint," the Attorney General's Office wrote in a news release.

After Melero was transported to a hospital in El Paso, medical staff determined her wounds were at different stages, suggesting Melero was a victim of chronic abuse. After spending more than a month in the hospital, Melero was removed from life support and died.

Chacon, who has been charged with five criminal counts, including abuse or neglect of a resident resulting in death, worked for At Home Advocacy LLC, an Albuquerque-based business responsible for managing and supervising Melero's placement in Chacon's home.

"AHA by itself collected nearly $250,000 in state taxpayer dollars in the nearly three years that Mary was in this home, and that was just one patient in just one home," Torrez said. "It seems to me that the taxpayers deserve more — and Mary deserves more — if these companies stand to benefit that much from government-supported programs like this. There should be a baseline expectation that they are held responsible and held accountable for what happens to patients in their care."

Other recommendations from Torrez include:

—Increased staff and training for in-person inspections.

"The folks at the Department of Health, I think, have a genuine concern for the people in this program," Torrez said. "They simply don't have the manpower to conduct the kind of regular, routine and detailed inspections that I think are necessary."

Torrez said the issue comes down to money, adding it was important to have two members of the Legislature — Reps. Liz Thomson, D-Albuquerque, and Kathleen Cates, D-Rio Rancho — attending Thursday's news conference.

"Last time I checked, I believe the department list was 12 inspectors for a population of nearly 7,000 enrollees," he said, adding the workers conduct random inspections on only about 10% of DD Waiver clients in any given year.

"I just think it's a function of what they're capable of doing with current resources, and I think this criminal case should throw into sharp relief what the stakes are for people like Mary, for others like Mary, because really what I worry about right now is who else is out there," he said.

In response to Melero's case, the Department of Health conducted in-person wellness checks on the roughly 6,800 clients in the program, resulting in an additional 61 reports of potential abuse, neglect and exploitation.

"Although the governor ordered an in-person inspection of all 6,800 members of the DD Waiver program, that was a one-time event," Torrez said.

—Regular health and safety inspections for all DD Waiver clients.

"As it stands right now, we have a situation where we often rely on these third-party administrators, these corporations who are engaged in providing and facilitating care under contracts with the state, to self-report when they discover an instance of abuse or neglect," Torrez said.

"I don't think that's an effective system," he added. "We need to have a separate, independent framework for inspections to be conducted by the state. I know that will be expensive. I know that's a difficult proposition. But I think Mary's case highlights the need for doing more to protect this population."

—Mandatory referrals to law enforcement for any substantiated case of abuse, neglect or exploitation.

—Raising public awareness for reporting potential abuse and neglect.

Asked for comment on Torrez's recommended reforms, a spokesperson for Gov. Michelle Lujan Grisham said a news release on the arrests was the only statement the Governor's Office would be making.

In that statement, the governor applauded Torrez and law enforcement for their quick action and coordination "that led to this first step toward justice for" Melero.

Follow Daniel J. Chacón on Twitter @danieljchacon.