reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 16A - Developmental Disabilities › Section 28-16A-16 - Determination of rates for payment for support and services.

A. The department shall develop, implement and maintain a provider reimbursement system based on the level of support and services required by a person with a developmental disability.
B. Beginning in 2024, contingent on available funding, the department shall conduct an independent biennial cost study for the purpose of recommending reimbursement rates for all service providers. The cost study shall include all reasonable costs of providing services. Recommended reimbursement rates, based on the cost study, shall include consideration of the following factors:
(1) the additional costs that would be incurred by the direct support provider agency if all direct support professionals were paid at least one hundred fifty percent of the state minimum wage;
(2) recent and projected changes in costs due to factors that include inflation, changes in the applicable minimum wage or newly effective requirements for employers during the period covered by the cost study; and
(3) direct support professional vacancies that affect direct support provider agency costs.
C. The department's budget request for each fiscal year shall include sufficient funding to:
(1) continue to provide supports and services for persons with developmental disabilities currently being served, based on the service provider reimbursement rates recommended by the most recent cost study; and
(2) serve additional persons, who as determined by the department, are eligible for but are not currently receiving services.
D. If sufficient funds have been appropriated to implement the reimbursement rates recommended by the most recent cost study, the department shall implement those rates, subject to approval by the federal centers for medicare and medicaid services. If the level of funding for developmental disabilities services and support is determined to be insufficient to fully implement such rates, the department shall adjust reimbursement rates as favorably as possible based on the level of funding available, subject to approval by the federal centers for medicare and medicaid services.
E. Contractors shall be required to submit records of support and services delivered as determined by the department, subject to monitoring by the department.
History:
Laws 1993, ch. 50, § 16; 2023, ch. 160, § 3.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, revised provisions related to the determination of rates paid for support and services; deleted former Subsections B through D and added new Subsections B through D; and deleted Subsection F.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 16A - Developmental Disabilities › Section 28-16A-18 - Developmental disabilities early childhood evaluation system.

The state shall have a timely, comprehensive, multidisciplinary system for evaluating infants, toddlers and preschool-age children suspected of having developmental delays. Diagnostic evaluations for infants and toddlers shall address family service needs and shall include training capabilities to educate community providers and parents in the understanding and application of the evaluations. This diagnostic evaluation system shall be jointly provided through a coordinated system by the children's medical services bureau of the public health division or the developmental disabilities supports division of the department, the early childhood education and care department, the university of New Mexico's center for development and disability and the public education department.
History:
Laws 1993, ch. 50, § 18; 2021, ch. 61, § 14; 2022, ch. 30, § 12.
ANNOTATIONS
The 2022 amendment,
effective July 1, 2022, included the early childhood education and care department with other agencies responsible for evaluating infants, toddlers and preschool-age children suspected of having developmental delays; and after "the developmental disabilities supports division of the department", added "the early childhood education and care department".
The 2021 amendment,
effective June 18, 2021, in the third sentence, after "developmental disabilities", added "supports", after "the university of New Mexico's", deleted "developmental disabilities team" and added "center for developmental and disability", after "and the", deleted "state department of", and after "public education", added "department".
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 16A - Developmental Disabilities › Section 28-16A-19 - Information and referral task force creation.

The "information and referral task force" is created in the council to develop a statewide, comprehensive "211" information and referral plan for use as a telephone dialing code for access to health and human services. The plan shall include a tariff structure based on existing agreements, a common taxonomy of terms, coordination between public and private systems and standardized statewide training and exploration of a centralized information repository. The task force shall include representation from the department of health; the human services department [health care authority department]; the children, youth and families department; the early childhood education and care department; the workforce solutions department; the aging and long-term services department; the internet long-term care link program; the governor's commission on disability; the New Mexico commission for the blind; the commission for deaf and hard-of-hearing persons; a statewide organization that raises money for health and human service purposes; and other interested parties.
History:
Laws 2003, ch. 323, § 1; 2021, ch. 61, § 15; 2022, ch. 30, § 13.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Laws 2023, ch. 205, § 16 provided that references to the human services department shall be deemed to be references to the health care authority department.
The 2022 amendment,
effective July 1, 2022, provided that the information and referral task force shall include representation from the early childhood education and care department; and after "children, youth and families department", added "the early childhood education and care department".
The 2021 amendment,
effective June 18, 2021, made technical amendments; after "referral task force located in the", deleted "developmental disabilities planning", after "children, youth and families department; the", deleted "labor" and added "workforce solutions", after the next occurrence of "the", deleted "state agency on", after "aging", added "and long-term services department", and after "governor's", deleted "committee on concerns of the handicapped" and added "commission on disability".
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 16A - Developmental Disabilities › Section 28-16A-20 - Reporting; department of health; intermediate care facilities for individuals with intellectual disabilities; independent review.

Within thirty days of the date on which reporting pursuant to each review is available, the department shall provide the council with each report issued pursuant to the independent reviews of intermediate care facilities for individuals with intellectual disabilities that are performed pursuant to the requirements of federal law.
History:
Laws 2021, ch. 61, § 16.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 61 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 2021, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 16A - Developmental Disabilities › Section 28-16A-21 - Data collection and reporting.

A. By April 1, 2024 and annually thereafter, direct support provider agencies shall submit data, in a form approved by the department, from the previous calendar year regarding direct support professionals that includes:
(1) the number of full- or part-time employees at any time during the year, the percentage of the year that the employees were employed and the total length of time that the employees had been employed as of the end of the year;
(2) disaggregated demographic information, including age, gender, race and ethnicity, education level and work experience;
(3) employee wages paid; and
(4) employee benefits provided.
B. The department shall submit an annual report by September 1, 2024, and on September 1 of each subsequent year to the legislative health and human services committee, the legislative finance committee and the governor regarding the direct support professional workforce, including:
(1) the total number of full- and part-time employees;
(2) a demographic analysis of this workforce;
(3) the highest, lowest and average hourly wage paid by direct support provider agencies;
(4) the average length of employment and vacancy and turnover rates; and
(5) the availability and type of benefits provided by direct support provider agencies.
History:
Laws 2023, ch. 160, § 2.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 160 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2023, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 16B - Office of Guardianship › Section 28-16B-1 - Short title.

Chapter 28, Article 16B NMSA 1978 may be cited as the "Office of Guardianship Act".
History:
Laws 2003, ch. 280, § 1; 2009, ch. 159, § 7.
ANNOTATIONS
Cross references.
— For mental health and development disabilities,
see
Chapter 43, Article 1 NMSA 1978.
The 2009 amendment,
effective June 19, 2009, changed the reference to the act to the chapter and article of NMSA 1978.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 16B - Office of Guardianship › Section 28-16B-1.1 - Professional guardian and conservator licensing.

As used in the Office of Guardianship Act:
A. "professional guardian" means an individual or entity appointed by a court that serves as a guardian for more than two individuals who are not related to the guardian by marriage, adoption or third degree of blood or affinity; and
B. "protected person" means a person eighteen years of age or older for whom a guardian or conservator has been appointed or other protective order has been made.
History:
Laws 2021, ch. 128, § 1.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 128, § 14 made Laws 2021, ch. 128, § 1 effective July 1, 2021.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 16B - Office of Guardianship › Section 28-16B-2 - Office of guardianship; created; staff.

A. The "office of guardianship" is created in the developmental disabilities planning council.
B. The executive director of the developmental disabilities planning council shall employ a head of the office who shall be an attorney licensed in New Mexico who is hired on the basis of ability, experience and knowledge of guardianship issues under the Uniform Probate Code [Chapter 45 NMSA 1978]. The position shall be classified pursuant to the Personnel Act [Chapter 10, Article 9 NMSA 1978].
C. Subject to appropriations, the executive director may hire such other professional and clerical staff as necessary to carry out the purposes of the office.
History:
Laws 2003, ch. 280, § 2; 2021, ch. 128, § 2.
ANNOTATIONS
The 2021 amendment,
effective July 1, 2021, required the head of the office of guardianship to be an attorney licensed in New Mexico; in Subsection B, after "The", added "executive", and after "who shall be", added "an attorney licensed in New Mexico who is"; and in Subsection C, after "appropriations, the", added "executive".
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 16B - Office of Guardianship › Section 28-16B-4 - Service agreement monitoring and enforcement.

A. The office of guardianship shall monitor professional guardians providing services to income-eligible protected persons and enforce agreements the office has executed with guardianship and legal services providers. In carrying out this duty, the office may:
(1) have access to case records, copies of court filings and reports, financial records and other records maintained by guardianship and legal services providers related to the services provided to income-eligible protected persons, unless specifically sequestered by the court;
(2) petition the court of jurisdiction for access to records that have been sequestered;
(3) conduct annual comprehensive service reviews to ensure service providers comply with service agreements and statutory duties;
(4) visit protected persons to evaluate the adequacy of guardianship services provided and determine if the guardianship should be amended or terminated; and
(5) pursue legal and other remedies against service providers for noncompliance with service agreements and statutory duties.
B. The office shall protect and maintain the confidentiality of all client-specific information and records obtained to the same extent as required for the service providers and to any extent otherwise required by state or federal law.
History:
Laws 2003, ch. 280, § 4; 2009, ch. 159, § 9; 2021, ch. 128, § 4.
ANNOTATIONS
The 2021 amendment,
effective July 1, 2021, required the office of guardianship to monitor professional guardians providing services to income-eligible protected persons, and authorized the office to conduct annual comprehensive service reviews and other monitoring activities of its service providers to ensure protected persons served by the office of guardianship are receiving appropriate services; in the section heading, deleted "Contract" and added "Service agreement"; in Subsection A, in the introductory paragraph, after "shall monitor", deleted "and enforce all guardianship contracts" and added "professional guardians providing services to income-eligible protected persons and enforce agreements the office has executed with guardianship and legal services providers", in Paragraph A(1), after "maintained by", deleted "contractors related to contract services provided" and added "guardianship and legal services providers related to the services provided to income-eligible protected persons", deleted former Paragraph A(3), added new Paragraphs A(3) and A(4) and redesignated former Paragraph A(4) as Paragraph A(5), and in Paragraph A(5), after "remedies against", deleted "contractors for noncompliance with contract provisions" and added "service providers for noncompliance with service agreements and statutory duties"; and in Subsection B, after "required for the", deleted "contractor" and added "service providers".
The 2009 amendment,
effective June 19, 2009, in Paragraph (3) of Subsection A, changed "ward" to "protected person".
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 16B - Office of Guardianship › Section 28-16B-5 - Guardianship service agreements.

A service agreement for guardianship services shall include:
A. a requirement that service providers be certified and in good standing with a national or state organization recognized by the supreme court that provides professional certification for guardians;
B. a requirement for adoption and compliance with a code of ethics for guardians;
C. the maximum caseload for guardians;
D. the fee schedule for services provided;
E. assurance that the civil rights of protected persons served by the service provider shall be met, including the right to be served in the most integrated setting appropriate to the needs of the protected person;
F. provisions for access by the office of guardianship to records, protected persons and service provider staff as needed to monitor and enforce contract compliance and for quality assurance purposes; and
G. minimum financial accounting and reporting requirements.
History:
Laws 2003, ch. 280, § 5; 2009, ch. 159, § 10; 2021, ch. 128, § 5.
ANNOTATIONS
The 2021 amendment,
effective July 1, 2021, revised the required contents of a service agreement for guardianship services, including a requirement that service providers be certified and in good standing with a national or state organization recognized by the supreme court that provides professional certification for guardians; changed "contractor" to "service provider" throughout; in the section heading, deleted "Contracts" and added "Guardianship service agreements"; in the introductory clause, after "A", deleted "contract" and added "service agreement"; and deleted former Subsection A and added new Subsection A.
The 2009 amendment,
effective June 19, 2009, in Subsections E and F, changed "ward" to "protected person".
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 16B - Office of Guardianship › Section 28-16B-6 - Resolution of complaints.

A. The office of guardianship shall establish by rule for the filing, investigation and resolution of complaints about guardianship services provided by contractors.
B. The office shall acknowledge receipt of the complaint, notify all parties involved and initiate an investigation within fifteen working days of the filing of the complaint.
C. A determination shall be made and a decision rendered on the complaint within sixty working days unless mutually agreed upon by all parties or unless a shorter time is required to protect the protected person.
D. The office may refer complaints to other agencies for investigation or prosecution, as appropriate.
E. Complaints against the office or a staff member of the office shall be investigated by the human services department [health care authority department].
History:
Laws 2003, ch. 280, § 6; 2009, ch. 159, § 11.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Laws 2023, ch. 205, § 16 provided that references to the human services department shall be deemed to be references to the health care authority department.
Cross references.
— For the Department of Health Act,
see
Chapter 9, Article 7 NMSA 1978.
The 2009 amendment,
effective June 19, 2009, in Subsection C, changed "ward" to "protected person".
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 16B - Office of Guardianship › Section 28-16B-7 - Office of guardianship fund; creation; appropriation.

A. The "office of guardianship fund" is created in the state treasury. All gifts, donations, bequests and interest income of the developmental disabilities planning council's office of guardianship shall be deposited by the executive director of the developmental disabilities planning council into the fund. The developmental disabilities planning council shall administer the fund, and money in the fund is appropriated to the office of guardianship to further the purposes of the Office of Guardianship Act. Income from investment of the fund shall be credited to the fund. Money in the fund shall be disbursed on warrants signed by the secretary of finance and administration pursuant to vouchers signed by the executive director of the developmental disabilities planning council or the executive director's authorized representative.
B. Money in the office of guardianship fund shall not revert or be transferred to any other state fund at the end of any fiscal year and shall not be expended for any purpose except as provided in this section.
History:
Laws 2013, ch. 107, § 1.
ANNOTATIONS
Effective dates.
— Laws 2013, ch. 107 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2013, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 16C - Special Education Ombud › Section 28-16C-1 - Short title.

Sections 1 through 11 [28-16C-1 to 28-16C-11 NMSA 1978] of this act may be cited as the "Special Education Ombud Act".
History:
Laws 2021, ch. 53, § 1.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 53 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 2021, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 16C - Special Education Ombud › Section 28-16C-2 - Definitions.

As used in the Special Education Ombud Act:
A. "council" means the developmental disabilities planning council;
B. "office" means the office of the state special education ombud;
C. "parent" includes a legal guardian or custodian who has custody and control of a student or an individual who has legal authority to make educational decisions on behalf of the student;
D. "state ombud" means the state special education ombud; and
E. "student" means a public school student receiving or seeking special education services.
History:
Laws 2021, ch. 53, § 2.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 53 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 2021, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 16C - Special Education Ombud › Section 28-16C-4 - Annual report; contents.

No later than December 1 of each year, the office shall prepare a report that includes:
A. actions taken by the office in the year for which the report is prepared;
B. special education concerns identified by or on behalf of students and parents, resolution of the concerns and the effectiveness of the resolution processes;
C. recommendations for improving the quality of special education services provided to students and protecting the educational rights of students; and
D. policy, regulatory and legislative recommendations to solve identified concerns related to special education, to improve processes of resolutions of concerns, to improve the quality of services provided to students, to protect the educational rights of students and to remove barriers to education and educational services.
History:
Laws 2021, ch. 53, § 4.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 53 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 2021, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 16C - Special Education Ombud › Section 28-16C-5 - Investigation and resolution of special education concerns.

The office shall identify, investigate and seek to resolve concerns related to special education communicated by or on behalf of students and parents. If the office does not address a concern, the office shall notify the concerned person of the decision not to address the concern and the reasons for the decision.
History:
Laws 2021, ch. 53, § 5.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 53 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 2021, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 16C - Special Education Ombud › Section 28-16C-6 - Access to student educational records.

Upon request and with consent from the student or the student's parent, the office shall have access to the student's educational records from the public education department, a school district or a public school as necessary to carry out the office's responsibilities.
History:
Laws 2021, ch. 53, § 6.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 53 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 2021, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 16C - Special Education Ombud › Section 28-16C-7 - Confidentiality of information.

A. All files and records maintained by the office that pertain to students are confidential and not subject to the provisions of the Inspection of Public Records Act [Chapter 14, Article 2 NMSA 1978]. The state ombud shall not disclose the identity of a concerned person or student about whom the office maintains files or records unless:
(1) the concerned person, student or parent consents in writing to the disclosure;
(2) the concerned person, student or parent gives oral consent that is documented immediately in writing by a representative of the office. If the student is unable to give oral consent, the student may give consent in any way that the student is able to, and the consent shall also be documented immediately in writing by a representative of the office; or
(3) disclosure is ordered by a court.
B. The annual report required pursuant to Section 4 [28-16C-4 NMSA 1978] of the Special Education Ombud Act may be based on confidential information and may be published or furnished to the public, but the report shall not identify individual students directly or indirectly nor violate the privileged or confidential nature of the relationship and communications between the student and the office.
History:
Laws 2021, ch. 53, § 7.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 53 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 2021, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 16C - Special Education Ombud › Section 28-16C-8 - Conflict of interest.

The council shall ensure that:
A. a person or an immediate family member of that person involved in the designation of an ombud does not have a conflict of interest;
B. an employee or a contractor of the office or an immediate family member of the employee or contractor does not have a conflict of interest; and
C. an ombud:
(1) does not have an ownership or investment interest, represented by equity, debt or other financial relationship, in a public school providing special education services;
(2) is not employed by, or participating in the management of, a public school providing special education services; and
(3) does not receive, or have the right to receive, directly or indirectly, remuneration in cash or in kind under a compensation arrangement with a public school providing special education services.
History:
Laws 2021, ch. 53, § 8.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 53 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 2021, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 16C - Special Education Ombud › Section 28-16C-9 - Posting and distribution of ombud information.

Every public school providing special education services shall post in a conspicuous location in the public school a notice regarding the office that contains a brief description of the services provided by the office and the name, address and phone number of the office and shall post it online on the public school's website, if applicable. The public school providing special education services shall distribute information regarding the state ombud at the beginning of every school year, in addition to providing the information as part of the annual individual education plan process prior to scheduling the first individual education plan meeting of each school year. The form of the notice shall be approved by the office.
History:
Laws 2021, ch. 53, § 9.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 53 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 2021, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 16C - Special Education Ombud › Section 28-16C-10 - Availability of legal counsel to the office.

The council shall ensure that adequate legal counsel is available and is able, without conflict of interest, to:
A. provide advice and consultation to the office needed to protect the educational rights of students; and
B. assist the office and contractors in the performance of the official duties of the state ombud and representatives.
History:
Laws 2021, ch. 53, § 10.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 53 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 2021, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 16C - Special Education Ombud › Section 28-16C-11 - Interference with the office and retaliation prohibited; potential actions for noncompliance.

A. A person shall not willfully interfere with the lawful actions of the office.
B. A person shall not institute discriminatory, disciplinary or retaliatory action against any student or parent for filing a concern with, providing information to or otherwise cooperating with the office.
C. If public school personnel or a contractor or volunteer of a school district or charter school fails to comply with the provisions of the Special Education Ombud Act:
(1) the council shall report the noncompliance to the public education department;
(2) the office shall collaborate with the public education department to access processes and resources to address special education services concerns; and
(3) the office shall collaborate with the public education department to identify further appropriate actions to be taken in response to the report, which may include a corrective action plan or any other administrative action that the public education department is authorized to take to ensure that students receive the free and appropriate public education required by the Individuals with Disabilities Education Act and state law. The office shall provide a letter to the concerned person explaining the actions the public education department will take.
History:
Laws 2021, ch. 53, § 11.
ANNOTATIONS
Cross references.
— For the Individuals with Disabilities Education Act,
see
20 USCS § 1400 et seq.
Effective dates.
— Laws 2021, ch. 53 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 2021, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 17 - Long-Term Care Ombudsman › Section 28-17-1 - Short title.

Chapter 28, Article 17 NMSA 1978 may be cited as the "Long-Term Care Ombudsman Act".
History:
Laws 1989, ch. 208, § 1; 2017, ch. 81, § 1.
ANNOTATIONS
Cross references.
— For the Continuing Care Act,
see
Chapter 24, Article 17 NMSA 1978.
The 2017 amendment,
effective June 16, 2017, changed "Sections 1 through 19 of this act" to "Chapter 28, Article 17 NMSA 1978".
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 40A Am. Jur. 2d Hospitals and Asylums § 39.
Liability of nursing home for violating statutory duty to notify third party concerning patient's medical condition, 46 A.L.R.5th 821.
7 C.J.S. Asylums and Institutional Care Facilities §§ 5, 6, 14.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 17 - Long-Term Care Ombudsman › Section 28-17-2 - Purpose.

The legislature recognizes that the state agency on aging [aging and long-term services department] pursuant to a grant from the federal government has established an office of the state long-term care ombudsman. The legislature declares that it is the public policy of this state to encourage community contact and involvement with patients, residents and clients of long-term care facilities. The legislature finds that in order to comply with the federal Older Americans Act and to effectively assist patients, residents and clients of long-term care facilities in the assertion of their civil and human rights, the structure, powers and duties of the office of the state long-term care ombudsman shall be specifically defined.
History:
Laws 1989, ch. 208, § 2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 2004, ch. 23, § 13 provided that all references to the "state agency on aging" be deemed references to the "aging and long-term services department".
Cross references.
— For the federal Older Americans Act,
see
42 U.S.C. § 3001 et seq.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 17 - Long-Term Care Ombudsman › Section 28-17-5 - Rule-making authority of director.

The director shall adopt and promulgate such reasonable rules and regulations as are deemed necessary to carry out the provisions of the Long-Term Care Ombudsman Act. Unless otherwise provided by statute, no regulation affecting any person or agency outside the office shall be adopted, amended or repealed without a public hearing on the proposed action before the director or a hearing officer designated by him. The public hearing shall be held in Santa Fe unless the public notice of hearing indicates otherwise. Notice of the subject matter of the regulation, the action proposed to be taken, the time and place of the hearing, the manner in which interested persons may present their views and the method by which copies of the proposed regulation may be obtained shall be published once at least thirty days prior to the hearing date in a newspaper of general circulation and mailed at least thirty days prior to the hearing date to all persons who have made a written request for advance notice of hearing. All rules and regulations shall be filed in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978].
History:
Laws 1989, ch. 208, § 5.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 17 - Long-Term Care Ombudsman › Section 28-17-6 - Regional and local long-term care ombudsman programs.

A. In carrying out the duties of the office, the state ombudsman may designate an entity as a regional or local ombudsman entity, and may designate an employee or volunteer to represent the entity. An individual so designated shall, in accordance with the policies and procedures established by the office and the agency:
(1) provide services to protect the health, safety, welfare and rights of residents;
(2) ensure that residents in the service area of the entity have regular, timely access to representatives of the program and timely responses to complaints and requests for assistance;
(3) identify, investigate and resolve complaints made by or on behalf of residents that relate to action, inaction or decisions that may adversely affect the health, safety, welfare or rights of the residents;
(4) represent the interests of residents before government agencies and seek administrative, legal and other remedies to protect the health, safety, welfare and rights of the residents;
(5) review and, if necessary, comment on any existing and proposed laws, regulations and other government policies and actions, that pertain to the rights and well-being of residents;
(6) facilitate the ability of the public to comment on the laws, regulations, policies and actions;
(7) support the development of resident and family councils; and
(8) carry out other activities that the ombudsman determines to be appropriate.
B. To be eligible to be designated as regional or local ombudsman entities, and individuals eligible to be designated as representatives of such entities, the entities shall:
(1) have demonstrated capability to carry out the responsibilities of the office;
(2) be free of conflicts of interest;
(3) in the case of the entities, be public or nonprofit private entities; and
(4) meet such additional requirements as the state ombudsman may specify.
History:
Laws 1989, ch. 208, § 6; 1997, ch. 257, § 4.
ANNOTATIONS
The 1997 amendment,
effective July 1, 1997, rewrote the section to such an extent that a detailed comparison would be impracticable.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 17 - Long-Term Care Ombudsman › Section 28-17-7 - Training and certification.

A. The state ombudsman shall ensure that office staff, including volunteers and other representatives of the office, are trained in:
(1) federal, state and local laws, regulations and policies with respect to long-term care facilities in the state;
(2) investigative techniques; and
(3) such other matters as the agency deems appropriate.
B. The state ombudsman shall develop procedures for the certification of ombudsmen.
C. No officer, employee or other representative of the office shall investigate any complaint filed with the office unless such person is certified by the office.
History:
Laws 1989, ch. 208, § 7.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 17 - Long-Term Care Ombudsman › Section 28-17-8 - Investigation and resolution of complaints.

The office shall investigate and seek to resolve complaints and concerns communicated by or on behalf of patients, residents or clients of any long-term care facility. The office may initiate investigations based on its observations of the conditions in a long-term care facility. If the office does not investigate a complaint, the complainant shall be notified of the decision not to investigate and the reasons for the decision.
History:
Laws 1989, ch. 208, § 8.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 17 - Long-Term Care Ombudsman › Section 28-17-10 - Facility posting of ombudsman information.

Every long-term care facility shall post in a conspicuous location a notice of the name, address and phone number of the office. The name and phone number of the nearest designated program and that of the ombudsman assigned to that long-term care facility shall be posted, where applicable. A brief description of the services provided by the office and the designated program shall be included in the notice. The form of the notice shall be approved by the office.
History:
Laws 1989, ch. 208, § 10.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 17 - Long-Term Care Ombudsman › Section 28-17-11 - Access to agency records.

Upon request, the office shall have access to records of any state or local government agency, including copies of all licensing and certification records relating to long-term care facilities as necessary to carry out its responsibilities under the Long-Term Care Ombudsman Act and which records are available to the patient, resident or client, except for records and information unavailable pursuant to Section 7-1-8 NMSA 1978.
History:
Laws 1989, ch. 208, § 11; 1997, ch. 257, § 6.
ANNOTATIONS
The 1997 amendment,
effective July 1, 1997, rewrote the section.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 17 - Long-Term Care Ombudsman › Section 28-17-12 - Access to long-term care facilities.

Representatives of the office shall have immediate access to any patient, resident or client for the purpose of effectively carrying out the provisions of the Long-Term Care Ombudsman Act.
History:
Laws 1989, ch. 208, § 12.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 17 - Long-Term Care Ombudsman › Section 28-17-14 - Confidentiality of information.

A. The files and records of the office may be disclosed only for purposes of fulfilling the duties of the office pursuant to Subsection C of Section 28-17-4 NMSA 1978 at the discretion of the state ombudsman or the state ombudsman's designee. All state ombudsman files and records pertaining to clients, patients and residents are confidential and not subject to the provisions of the Inspection of Public Records Act [Chapter 14, Article 3 NMSA 1978]. The state ombudsman shall not disclose the identity of any complainant, resident, client or patient about whom the office maintains files or records unless:
(1) the complainant, resident, client or patient or the legal representative of that person consents in writing to the disclosure;
(2) the complainant, resident, client or patient gives oral consent that is documented immediately in writing by a representative of the office;
(3) disclosure is necessary for the provision of ombudsman services to the patient, resident or client and the patient, resident or client is unable to express written or oral consent; or
(4) disclosure is ordered by the court.
B. The director shall have access to the records and files of the office to verify the effectiveness and quality of the program where the identity of any complainant, witness, patient, resident or client is not disclosed.
History:
Laws 1989, ch. 208, § 14; 1997, ch. 257, § 8; 2003, ch. 109, § 2.
ANNOTATIONS
The 2003 amendment,
effective June 20, 2003, in Subsection A, deleted "of the ombudsman" preceding "pursuant to Subsection C", substituted "the state ombudsman's designee" for "person designated by him" following "state ombudsman or", inserted the second sentence, substituted "resident, client or patient" for "or resident" following "of any complainant"; rewrote Paragraph A(1); substituted "resident, client or patient" for "or resident" near the beginning of Paragraph A(2); and deleted "ombudsman" following "and quality of the" in Subsection B.
The 1997 amendment,
effective July 1, 1997, rewrote Subsection A; deleted former Subsection B relating to access of complainants, witnesses, patients, residents or clients to records and files; and redesignated former Subsection C as Subsection B.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 17 - Long-Term Care Ombudsman › Section 28-17-15 - Conflict of interest.

The agency shall ensure that:
A. no individual or a member of the immediate family of an individual involved in the designation of the ombudsman or the designation of a regional or local ombudsman is subject to a conflict of interest;
B. no officer or employee of the office, ombudsman coordinator or representative, or a member of their immediate family, is subject to a conflict of interest; and
C. any ombudsman:
(1) does not have a direct involvement in the licensing or certification of a long-term care facility or of a provider of a long-term care service;
(2) does not have an ownership or investment interest, represented by equity, debt or other financial relationship, in a long-term care facility or a long-term care service;
(3) is not employed by, or participating in the management of, a long-term care facility; and
(4) does not receive, or have the right to receive, directly or indirectly, remuneration in cash or in kind under a compensation arrangement with an owner or operator of a long-term care facility.
History:
Laws 1989, ch. 208, § 15; 1997, ch. 257, § 9.
ANNOTATIONS
The 1997 amendment,
effective July 1, 1997, rewrote the section to such an extent that a detailed comparison would be impracticable.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 17 - Long-Term Care Ombudsman › Section 28-17-16 - Representatives of the office.

Any regional or local ombudsman program designated by the office or any individual certified by the office, whether an employee or an unpaid volunteer, shall be treated as a representative of the office.
History:
Laws 1989, ch. 208, § 16.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 17 - Long-Term Care Ombudsman › Section 28-17-18 - Availability of legal counsel.

The agency shall ensure that:
A. adequate legal counsel is available and is able, without conflict of interest, to:
(1) provide advice and consultation needed to protect the health, safety, welfare and rights to residents; and
(2) assist the ombudsman and representatives of the office in the performance of the official duties of the ombudsman and representatives;
B. representation is provided to any representative of the office against whom suit or other legal action is brought or threatened to be brought in connection with the performance of the official duties of the ombudsman or such a representative; and
C. the office pursues administrative, legal and other appropriate remedies on behalf of residents.
History:
Laws 1989, ch. 208, § 18; 1997, ch. 257, § 10.
ANNOTATIONS
The 1997 amendment,
effective July 1, 1997, rewrote the section.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 17 - Long-Term Care Ombudsman › Section 28-17-19 - Interference with the office and retaliation prohibited; penalty; civil; appeal.

A. No person shall willfully interfere with the lawful actions of the office, including the request for immediate entry into a long-term care facility.
B. No person shall institute discriminatory, disciplinary or retaliatory action against any resident, employee or other person for filing a complaint, providing information to or otherwise cooperating with a representative of the office.
C. Any person who violates Subsection A of this section shall be subject to a civil penalty of up to five thousand dollars ($5,000) per occurrence. Any person who violates Subsection B of this section shall be subject to a civil penalty of up to ten thousand dollars ($10,000) per occurrence. The agency may assess and collect the penalty after notice and an opportunity for hearing, before a hearing officer designated by the agency to hear the matter, upon a determination that a person willfully interfered with the office or discriminated, disciplined or retaliated against an individual who communicated or disclosed information to the office in good faith pursuant to Subsection A or B of this section. The hearing officer has the power to administer oaths on request of any party and issue subpoenas and subpoenas duces tecum. However, if the violation is against a person covered by the Personnel Act [Chapter 10, Article 9 NMSA 1978], the office shall refer the matter to the agency employing the person for disciplinary action.
D. Any party may appeal to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978.
History:
Laws 1989, ch. 208, § 19; 1997, ch. 257, § 11; 1998, ch. 55, § 39; 1999, ch. 265, § 41.
ANNOTATIONS
The 1999 amendment,
effective July 1, 1999, substituted "Subsection A or B" for "Subsections A and B" in the third sentence of Subsection C and substituted "Section 39-3-1.1" for "Section 12-8A-1" in Subsection D.
The 1998 amendment,
effective September 1, 1998, in the section heading, inserted "; appeal"; in Subsection B, substituted "a" for "any"; and rewrote Subsection D.
The 1997 amendment,
effective July 1, 1997, rewrote Subsection B and, in Subsection C, substituted "five thousand dollars ($5,000)" and "ten thousand dollars ($10,000)" for "two thousand five hundred dollars ($2,500)" and "five thousand dollars ($5,000)", respectively, and made stylistic changes.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 18 - Education of the Handicapped (Repealed) › Section 28-18-1 - Repealed.

History:
Laws 1990, ch. 4, § 1; 1993, ch. 34, § 1; 1993, ch. 178, § 1; 1995, ch. 69, § 4; 2011, ch. 166, § 2; repealed by Laws 2019, ch. 48, § 37.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 48, § 37 repealed 28-18-1 NMSA 1978, as enacted by Laws 1990, ch. 4, § 1, relating to department designation, authorization, payment system effective, effective July 1, 2020. For provisions of former section,
see
the 2019 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 18 - Education of the Handicapped (Repealed) › Section 28-18-2 - Repealed.

History:
Laws 1990, ch. 4, § 2; 1993, ch. 34, § 2; 1993, ch. 178, § 2; repealed by Laws 2019, ch. 48, § 37.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 48, § 37 repealed 28-18-2 NMSA 1978, as enacted by Laws 1990, ch. 4, § 2, relating to custodian of funds, effective July 1, 2020. For provisions of former section,
see
the 2019 NMSA 1978 on
NMOneSource.com
.