reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 14 - ASSISTED LIVING FACILITIES FOR ADULTS › Section 8.370.14.16 - STAFF QUALIFICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A facility shall employ staff with the following
				  qualifications.
A.
Administrator, director, operator:
an assisted living facility
				shall be supervised by a full-time administrator. Multiple facilities that are
				located within a 40-mile radius may have one full-time administrator. The
				administrator shall:
(1) be at least 21 years
				of age;
(2) have a high school
				diploma or its equivalent;
(3)
				comply with the requirements of the New Mexico caregivers criminal history
				screening act, 8.370.5 NMAC;
(4)
				complete a state approved certification program for assisted living
				administrators;
(5) be able to
				communicate with the residents in the language spoken by the majority of the
				residents;
(6) not work while under
				the influence of alcohol or illegal drugs;
(7) have evidence of education and experience
				to prove the ability to administer, direct and operate an assisted living
				facility; the evidence of education and experience shall be directly related to
				the services that are provided at the facility;
(8) provide three notarized letters of
				reference from persons unrelated to the applicant; and
(9) comply with the pre-employment
				requirements pursuant to the employee abuse registry, 8.370.8
				NMAC.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 14 - ASSISTED LIVING FACILITIES FOR ADULTS › Section 8.370.14.17 - STAFF TRAINING

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Training and orientation for each new employee and volunteer that provides
				direct care shall include a minimum of 16 hours of supervised training prior to
				providing unsupervised care for residents.
B. Documentation of orientation and
				subsequent trainings shall be kept in the personnel file at the
				facility.
C. Training shall be
				provided at orientation and at least 12 hours annually, the orientation,
				training and proof of competency shall include:
(1) fire safety and evacuation
				training;
(2) first aid;
(3) safe food handling practices (for persons
				involved in food preparation), to include:
(a)
				instructions in proper storage;
(b)
				preparation and serving of food;
(c) safety in food handling;
(d) appropriate personal hygiene;
				and
(e) infectious and communicable
				disease control;
(4)
				confidentiality of records and resident information;
(5) infection control;
(6) resident rights;
(7) reporting requirements for abuse, neglect
				or exploitation in accordance with 8.370.9 NMAC;
(8) smoking policy for staff, residents and
				visitors;
(9) methods to provide
				quality resident care;
(10)
				emergency procedures;
(11)
				medication assistance, including the certificate of training for staff that
				assist with medication delivery; and
(12) the proper way to implement a resident
				ISP for staff that assist with ISPs.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 14 - ASSISTED LIVING FACILITIES FOR ADULTS › Section 8.370.14.18 - POLICIES

Current through Register Vol. 35, No. 13, July 16, 2024
The facility shall have and implement written personnel
				  policies for the following:
A. staff,
				private duty attendant and volunteer qualifications;
B. staff, private duty attendant and
				volunteer conduct;
C. staff,
				private duty attendant and volunteer training policies;
D. staff and private duty attendant and
				volunteer criminal history screening;
E. emergency procedures;
F. medication administration;
G. the retention and maintenance of current
				and past personnel records; and
H.
				facilities shall maintain records and files that reflect compliance with NM and
				federal employment rules.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 14 - ASSISTED LIVING FACILITIES FOR ADULTS › Section 8.370.14.19 - STAFFING RATIOS

Current through Register Vol. 35, No. 13, July 16, 2024
The following staffing levels are the minimum
				  requirements.
A. The facility shall
				employ the sufficient number of staff to provide the basic care, resident
				assistance and the required supervision based on the assessment of the
				residents' needs.
(1) During resident waking
				hours, facilities shall have at least one direct care staff person on duty and
				awake at all times for each 15 residents.
(2) During resident sleeping hours,
				facilities with 15 or fewer residents shall have at least one direct care staff
				person on duty, awake and responsible for the care and supervision of the
				residents.
(3) During resident
				sleeping hours, facilities with 16 to 30 residents shall have at least one
				direct care staff person on duty and awake at all times and at least one
				additional staff person available on the premises.
(4) During resident sleeping hours,
				facilities with 31 to 60 residents shall have at least two direct care staff
				persons on duty and awake at all times and at least one additional staff person
				immediately available on the premises.
(5) During resident sleeping hours,
				facilities with more than 61 residents shall have at least three direct care
				staff persons on duty and awake at all times and one additional staff person
				immediately available on the premises for each additional 30 residents or
				fraction thereof in the facility.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 14 - ASSISTED LIVING FACILITIES FOR ADULTS › Section 8.370.14.20 - ADMISSIONS AND DISCHARGE

Current through Register Vol. 35, No. 13, July 16, 2024
The facility shall complete an admission agreement for each
				  resident. The administrator of the facility or a designee responsible for
				  admission decisions shall meet with the resident or the resident's surrogate
				  decision maker prior to admission. No resident shall be admitted who is below
				  the age of eighteen (18) or for whom the facility is unable to provide
				  appropriate care.
A.
Admission
				agreement:
The admission agreement shall include the following
				information:
(1) the parties to the
				agreement;
(2) the program
				narrative;
(3) the facility's
				rules;
(4) the cost of services and
				the method of payment;
(5) the
				refund provision in case of death, transfer, voluntary or involuntary
				discharge;
(6) information to
				formulate advance directives;
(7) a
				written description of the legal rights of the residents translated into
				another language, if necessary;
(8)
				the facility's staffing ratio;
(9)
				written authorization for staff to assist with medications;
(10) notification of rights and
				responsibilities pursuant to the incident reporting intake, processing and
				training requirements, 8.370.9 NMAC;
(11) the facility's bed hold policy;
				and
(12) the admission agreement
				may be terminated if an appropriate placement is found for the resident, under
				the following circumstances:
(a) there shall
				be a 15 day written notice of termination given to the resident or his or her
				surrogate decision maker, unless the resident requests the
				termination;
(b) the resident has
				failed to pay for a stay at the facility as defined in the admission
				agreement;
(c) the facility ceases
				to operate or is no longer able to provide services to the resident;
(d) the resident's health has improved
				sufficiently and therefore no longer requires the services of the
				facility;
(e) termination without
				prior notice is permitted in emergency situations for the following reasons:
(i) the transfer or discharge is necessary
				for the resident's safety and welfare;
(ii) the resident's needs cannot safely be
				met in the facility; or
(iii) the
				safety and health of other residents and staff in the facility are
				endangered;
(13) the facility shall provide a 30 day
				written notice to residents regarding any changes in the cost or the material
				services provided; a new or amended admission agreement must be executed
				whenever services, costs or other material terms are changed; and
(14) facilities representing their services
				as "specialized" must disclose evidence of staff specialty training to
				prospective residents.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 14 - ASSISTED LIVING FACILITIES FOR ADULTS › Section 8.370.14.22 - FACILITY REPORTS, RECORDS, RULES, POLICIES AND PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Reports
				and records:
Each facility shall keep the following reports, records,
				policies and procedures on file at the facility and make them available for
				review upon request by the licensing authority, residents, potential residents
				or their surrogate decision makers:
(1) fire
				inspection report;
(2) zoning
				approval;
(3) building official
				approval (certificate of occupancy);
(4) a copy of the approved building
				plans;
(5) a copy of the most
				recent survey conducted by the licensing authority, to include adverse actions
				or appeals and complaints;
(6) for
				facilities with food establishments/ kitchens that require a permit from the
				local health authority that has jurisdiction, a copy of the current inspection
				report in accordance with the applicable, municipal, or federal laws and
				regulations and pursuant to Subsection B of
				7.6.2.8 NMAC, regarding kitchen and
				food management; if a facility is considered a licensed private home and not
				required to meet specific requirements by the local health authority, a copy of
				that determination must also be maintained;
(7) where necessary, a copy of the liquid
				waste disposal and treatment system permit from the local health authority that
				has jurisdiction;
(8) 30 days of
				menus as planned, including snacks and 30 days of menus as served, including
				snacks;
(9) record of monthly fire
				drills conducted at the facility and the fire safety evaluation system (FSES)
				rating, if applicable;
(10) written
				emergency plans, policies and procedures for medical emergencies, power
				failure, fire or natural disaster; plans shall include evacuation, persons to
				be notified, emergency equipment, evacuation routes, refuge areas and the
				responsibilities of personnel during emergencies; plans shall also include a
				list of transportation resources that are immediately available to transport
				the residents to another location in an emergency; the emergency preparedness
				plan shall address two types of emergencies:
(a) an emergency that affects just the
				facility; and
(b) a region/area
				wide emergency;
(11) a
				copy of this rule, requirements for assisted living facilities for adults,
				8.370.14 NMAC;
(12) for facilities
				with two or more residents (that are not related to the owner), a valid
				custodial drug permit issued by the NM board of pharmacy, that supervise
				administration and self-administration of medications or safeguards with regard
				to medications for the residents; and
(13) vaccination records for pets in the
				facility.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 14 - ASSISTED LIVING FACILITIES FOR ADULTS › Section 8.370.14.23 - PETS

Current through Register Vol. 35, No. 13, July 16, 2024
Pets are permitted in a licensed facility, in accordance with
				  the facility's rules.
A.
Prohibited areas:
Animals are not permitted in food processing,
				preparation, storage, display and serving areas, or in equipment or utensil
				washing areas. Guide dogs for the blind and deaf and service animals for the
				handicapped shall be permitted in dining areas pursuant to Subsection K of
				7.6.2.9 NMAC.
B.
Vaccination:
Pets shall be
				vaccinated in accordance with all state and local requirements and records of
				such vaccination shall be kept on file in the facility.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 14 - ASSISTED LIVING FACILITIES FOR ADULTS › Section 8.370.14.24 - ASSISTANCE WITH DAILY LIVING

Current through Register Vol. 35, No. 13, July 16, 2024
The facility shall supervise and assist the residents, as
				  necessary, with health, hygiene and grooming needs, to include but not limited
				  to the following:
A. eating;
B. dressing;
C. oral hygiene;
D. bathing;
E. grooming;
F. mobility; and
G. toileting.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 14 - ASSISTED LIVING FACILITIES FOR ADULTS › Section 8.370.14.25 - RESIDENT EVALUATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				resident evaluation shall be completed by an appropriate staff member within 15
				days prior to admission to determine the level of assistance that is needed and
				if the level of services required by the resident can be met by the
				facility.
B. The initial resident
				evaluation shall establish a baseline in the resident's functional status and
				thereafter assist with identifying resident changes. The resident evaluation
				shall be reviewed and updated at a minimum of every six months or when there is
				a significant change in the resident's health status.
C. The resident's evaluation shall be
				documented on a resident evaluation form and at a minimum include the following
				abilities, behaviors or status:
(1) activities
				of daily living;
(2) cognitive
				abilities; reasoning and perception; the ability to articulate thoughts, memory
				function or impairment, etc.;
(3)
				communication and hearing; ability to communicate needs and understand
				instructions, etc.;
(4)
				vision;
(5) physical functioning
				and skeletal problems;
(6)
				incontinence of bowel/bladder;
(7)
				psychosocial well-being;
(8) mood
				and behavior;
(9) activity
				interests;
(10)
				diagnoses;
(11) health
				conditions;
(12) nutritional
				status;
(13) oral or dental
				status;
(14) skin
				conditions;
(15) medication use and
				level of assistance needed with medications;
(16) special treatments and procedures or
				special medical needs such as hospice; and
(17) safety needs/high risk behaviors;
				history of falls agitation, wandering, fire safety issues, etc.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 14 - ASSISTED LIVING FACILITIES FOR ADULTS › Section 8.370.14.26 - INDIVIDUAL SERVICE PLAN (ISP)

Current through Register Vol. 35, No. 13, July 16, 2024
An ISP shall be developed and implemented within 10 calendar
				  days of admission for each resident residing in the facility.
A. The ISP shall address those areas of need
				as identified in the resident evaluation and through staff observation.
(1) The ISP shall detail the services that
				are provided by the facility as well as the services to be provided by other
				agencies.
(2) The resident
				evaluation and the ISP shall be reviewed and if needed revised by a licensed
				practical nurse, registered nurse or a physician extender.
(3) The ISP shall be reviewed and or revised
				at a minimum of every six months or when there is a significant change in the
				resident's health status.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 14 - ASSISTED LIVING FACILITIES FOR ADULTS › Section 8.370.14.27 - RESIDENT ACTIVITIES

Current through Register Vol. 35, No. 13, July 16, 2024
Each facility shall provide or make available recreational
				  and social activities appropriate to the residents' abilities that meet their
				  psychosocial needs and are relevant to their social history; including a
				  balance of cognitive, reminiscence, physical and social activities. The
				  facility shall post the activities and encourage residents to
				  participate.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 14 - ASSISTED LIVING FACILITIES FOR ADULTS › Section 8.370.14.28 - PERSONAL POSSESSIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each
				resident shall be permitted to keep personal property in their possession at
				the facility, if it is not detrimental to the health and safety of anyone in
				the facility. These possessions may include, but are not limited to the
				following items:
(1) clothing; the facility
				shall ensure that each resident has his or her own clothing; residents shall be
				allowed and encouraged to select their daily clothing and change their clothing
				to suit their activities and the weather conditions;
(2) personal care items; each resident shall
				have his or her own personal care items such as, but not limited to, a comb,
				razor, hairbrush, toothbrush, toothpaste and like items.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 14 - ASSISTED LIVING FACILITIES FOR ADULTS › Section 8.370.14.29 - TRANSPORTATION

Current through Register Vol. 35, No. 13, July 16, 2024
The facility shall either provide transportation or assist
				  the resident in using public transportation.
A. The facility's motor vehicle
				transportation assistance program shall include the following elements:
(1) resident evaluation;
(2) staff training in hazardous driving
				conditions;
(3) safe passenger
				transport and assistance;
(4)
				emergency procedures and use of equipment;
(5) supervised practice in the safe operation
				of motor vehicles, maintenance and safety record keeping; and
(6) copies of employee training certificates
				that give evidence of successful completion of any applicable course(s) shall
				be kept on site in the employee files.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 14 - ASSISTED LIVING FACILITIES FOR ADULTS › Section 8.370.14.30 - HANDLING OF RESIDENT FUNDS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Each resident has the right to manage their personal funds in accordance with
				state or federal laws.
B. If the
				facility agrees, the resident may entrust his or her personal funds to the
				facility for safekeeping and management. In such cases, the facility shall:
(1) have written authorization from the
				resident or his or her surrogate decision maker;
(2) maintain a written record of all
				financial transactions and arrangements involving the resident's funds and make
				this written record available upon request, to the resident, his or her
				surrogate decision maker and the licensing authority;
(3) safeguard any and all funds received from
				the resident in an account separate from all other funds of, or held by, the
				facility;
(4) upon written or
				verbal request by the resident or his or her surrogate decision maker, return
				to the resident all or any part of the resident's funds given to the facility
				for safekeeping and management, including all accrued interest if applicable;
				and
(5) upon the resident's death,
				will transfer all personal funds held by the facility to the resident's estate
				in accordance with Section 45-3-709 NMSA 1978.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 14 - ASSISTED LIVING FACILITIES FOR ADULTS › Section 8.370.14.31 - HANDLING OF EMERGENCIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Upon
				admission, each resident or surrogate decision maker shall designate a primary
				care practitioner (PCP) to be called in case of a medical necessity. Each
				resident or representative shall also designate a concerned person to be called
				in case of an emergency. The facility shall establish a policy to secure
				medical assistance if the resident's own physician is not available. In the
				event of an illness or an injury to the resident, the PCP or a physician
				extender shall be notified by the facility.
B. The facility shall have a first aid kit
				that contains at a minimum, gauze, adhesive tape, antiseptic ointment and
				bandages for emergencies. The first aid kit shall be kept in a designated,
				easily accessible place within the facility.
C. An easily accessible and functional
				telephone shall be available in each facility for summoning help in case of an
				emergency. A pay telephone does not fulfill this requirement.
D. A list of emergency numbers including:
				fire department, police department, ambulance services and poison control shall
				be posted near each public telephone in the facility.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 14 - ASSISTED LIVING FACILITIES FOR ADULTS › Section 8.370.14.32 - REPORTING OF INCIDENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				facility shall insure that all suspected cases or known incidents of resident
				abuse, neglect or exploitation are reported in accordance with 8.370.9 NMAC.
(1) The facility shall also report any
				incident or unusual occurrence which has or could threaten the health, safety,
				or welfare of the residents and staff to the licensing authority complaint
				hotline within 24 hours or by the next business day, if it is a weekend or a
				holiday.
(2) The facility shall not
				delay a report to the complaint hotline while an internal investigation is
				conducted.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 14 - ASSISTED LIVING FACILITIES FOR ADULTS › Section 8.370.14.33 - RESIDENT RIGHTS

Current through Register Vol. 35, No. 13, July 16, 2024
All licensed facilities shall understand, protect and respect
				  the rights of all residents.
A. Prior
				to admission to a facility, a resident and legal representative shall be given
				a written description of the legal rights of the resident, translated into
				another language, if necessary, to meet the resident's understanding.
B. If the resident has no legal
				representative and is incapable of understanding his or her legal rights, a
				written copy of the resident's legal rights shall be provided to the most
				significant responsible party in the following order:
(1) the resident's spouse;
(2) significant other;
(3) any of the resident's adult
				children;
(4) the resident's
				parents;
(5) any relative the
				resident has lived with for six or more months before admission;
(6) a person who has been caring for, or
				paying benefits on behalf of the resident;
(7) a placing agency;
(8) resident advocate; or
(9) the ombudsman.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 14 - ASSISTED LIVING FACILITIES FOR ADULTS › Section 8.370.14.35 - MEDICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Administration of medications or staff assistance with
				  self-administration of medications shall be in accordance with state and
				  federal laws. No medications, including over-the-counter medications, PRN (when
				  needed) medications, or treatment shall be started, changed or discontinued by
				  the facility without an order from the physician, physician assistant or nurse
				  practitioner and with entry into the resident's record.
A. State board of nursing licensed or
				certified health care professionals are responsible for the administration of
				medications. Administration may only be performed by these
				individuals.
B. Facility staff may
				assist a resident with the self-administration of medications if written
				consent by the resident is given to the administrator of the facility or the
				administrator's designee. If the resident is incapable of giving consent, the
				surrogate decision maker named in accordance with New Mexico law may give
				written consent for assistance with self-administration of medications. All
				staff that assist with self-administration of medications shall have
				successfully completed a state approved assistance with self-administration of
				medication training program or be licensed or certified by the state board of
				nursing.
C.
PRN (pro re nada)
				medication:
(1) Physician or physician
				extender's orders for PRN medications shall clearly indicate the circumstances
				in which they are to be used, the number of doses that may be given in a
				24-hour period and indicate under what circumstances the primary care
				practitioner (PCP) is to be notified.
(2) The utilization of PRN medications shall
				be reviewed routinely. Frequent or escalating use of PRN medications shall be
				reported to the PCP.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 14 - ASSISTED LIVING FACILITIES FOR ADULTS › Section 8.370.14.36 - NUTRITION

Current through Register Vol. 35, No. 13, July 16, 2024
The facility shall provide planned and nutritionally balanced
				  meals from the basic food groups in accordance with the "recommended daily
				  dietary allowance" of the American dietetic association, the food and nutrition
				  board of the national research council, or the national academy of sciences.
				  Meals shall meet the nutritional needs of the residents in accordance with the
				  "2005 USDA dietary guidelines for Americans." Vending machines shall not be
				  considered a source of snacks.
A.
Dietary services policies and procedures:
The facility will
				develop and implement written policies and procedures that are maintained on
				the premises and that govern the following requirements.
(1)
Meal service:
The facility
				shall:
(a) serve at least three meals or their
				equivalent each day at regular times with no more than 16 hours between the
				evening meal and morning meal with snacks freely available;
(b) provide snacks of nourishing quality and
				post on the daily menu;
(c) develop
				menus enjoyed by the residents and served at normal intervals appropriate to
				the residents' preferences;
(d)
				post the weekly menu, including snacks where residents and families are able to
				view it; posted menus shall be followed and any substitution shall be of
				equivalent nutritional value and recorded on the posted menu; identical menus
				shall not be used within a one week cycle;
(e) have special menus or meal items
				following guidelines from the resident's physician for residents who have
				medically prescribed special diets;
(f) serve all residents in a dining room
				except for residents with a temporary illness, or with documented specific
				personal preference to have meals in their room;
(g) allow sufficient time for meals to enable
				residents to eat at a leisurely pace and to socialize; and
(h) contact the resident's PCP within 48
				hours if a resident consistently refuses to eat.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 14 - ASSISTED LIVING FACILITIES FOR ADULTS › Section 8.370.14.37 - LAUNDRY SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
General requirements:
The facility shall provide laundry services
				for the residents, either on the premises or through a commercial laundry and
				linen service.
(1) On-site laundry facilities
				shall be located in areas separate from the resident units and shall be
				provided with necessary washing and drying equipment.
(2) Soiled laundry shall be kept separate
				from clean laundry, unless the laundry facility is provided for resident use
				only.
(3) Staff shall handle,
				store, process and transport linens with care to prevent the spread of
				infectious and communicable disease.
(4) Soiled laundry shall not be stored in the
				kitchen or dining areas. The building design and layout shall ensure the
				separation of laundry room from kitchen and dining areas. An exterior route to
				the laundry room is not an acceptable alternative, unless it is completely
				enclosed.
(5) In new construction
				or newly licensed facilities with more than 15 residents, washers shall be in
				separate rooms from dryers. The rooms with washers shall have negative air
				pressure from the other facility rooms.
(6) All linens shall be changed as needed and
				at least weekly or when a new resident is to occupy the bed.
(7) The mattress pad, blankets and bedspread
				shall be laundered as needed and at least once per month or when a new resident
				is to occupy the bed.
(8) Bath
				linens consisting of hand towel, bath towel and washcloth shall be changed as
				needed and at least weekly.
(9)
				There shall be a clean, dry, well ventilated storage area provided for clean
				linen.
(10) Facility laundry
				supplies and cleaning supplies shall not be kept in the same storage areas used
				for the storage of foods and clean storage and shall be kept in a secured room
				or cabinet.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 14 - ASSISTED LIVING FACILITIES FOR ADULTS › Section 8.370.14.38 - HOUSEKEEPING SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
The facility shall maintain the interior and exterior of the
				  facility in a safe, clean, orderly and attractive manner. The facility shall be
				  free from offensive odors, safety hazards, insects and rodents and
				  accumulations of dirt, rubbish and dust.
A. All common living areas and all bathrooms
				shall be cleaned as often as necessary to maintain a clean and sanitary
				environment.
B. Combustibles such
				as cleaning rags or flammable substances shall be stored in closed metal
				containers in approved areas that provide adequate ventilation. Combustibles
				shall be stored away from the food preparation areas and away from the resident
				rooms.
C. Poisonous or flammable
				substances shall not be stored in residential areas, food preparation areas or
				food storage areas. If hazardous chemicals are stored on the property, material
				safety data sheets shall be maintained and stored in the same area as the
				chemicals, pursuant to state environment department requirements,
				11.5.2.9 NMAC.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 14 - ASSISTED LIVING FACILITIES FOR ADULTS › Section 8.370.14.39 - SITE REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
The facility shall be located and maintained free from
				  environmental and other factors that are detrimental to the residents and
				  staff's health, safety or welfare. The facility site shall be designed and
				  maintained to encourage outdoor activities by the residents.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 14 - ASSISTED LIVING FACILITIES FOR ADULTS › Section 8.370.14.40 - CAPACITY OF BUILDING(S)

Current through Register Vol. 35, No. 13, July 16, 2024
No facility shall house more residents than the maximum bed
				  capacity for which it is licensed.
A.
				Each individual building containing resident activities, services or sleeping
				rooms on the premises shall be separately licensed.
B. Buildings on the grounds of the licensed
				facility and all rooms within the licensed buildings that are used by the
				residents of the facility shall be subject to inspection for health and safety
				standards.
C. All facilities shall
				comply with the state building code and fire codes, pursuant to 14.7 NMAC.
(1) Facilities with 16 residents or fewer are
				classified as "group R."
(2)
				Facilities with more than 16 residents are classified as "group I-1."
(3) Facilities with more than five residents
				who are not capable of self-preservation are classified as "group I-2."
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 14 - ASSISTED LIVING FACILITIES FOR ADULTS › Section 8.370.14.41 - BUILDING CONSTRUCTION

Current through Register Vol. 35, No. 13, July 16, 2024
All building construction shall be based upon the facility
				  occupancy in accordance with the state building code and fire codes, pursuant
				  to 14.7 NMAC.
A.
New
				facilities:
All new facilities, relocated into existing building(s) or
				remodeled facilities shall conform to the current edition of the state building
				code, accessibility code, mechanical code, plumbing code, fire code and the
				electrical code.
(1) With regard to building
				height, allowable area or construction type, the state building code shall
				prevail.
(2) Minimum construction
				requirements shall comply with all applicable state building codes.
(3) A facility may share a building with
				another health care facility licensed by the authority or other suitable
				facility with prior approval from the licensing authority.
(4) Where there are conflicts between the
				requirements in the codes and the provisions of this rule, the most restrictive
				condition shall apply.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 14 - ASSISTED LIVING FACILITIES FOR ADULTS › Section 8.370.14.42 - MAINTENANCE OF BUILDING AND GROUNDS

Current through Register Vol. 35, No. 13, July 16, 2024
The building(s) shall be maintained in good repair at all
				  times. Such maintenance shall include, but is not limited to, the following
				  areas:
A.
Storage areas/
				grounds:
Storage areas and grounds shall be maintained in a safe,
				sanitary and presentable condition at all times. Storage areas and grounds
				shall be kept free from accumulation of refuse, weeds, discarded furniture, old
				newspapers or other items that create a fire hazard.
B.
Floors:
Floors shall be
				maintained stable, firm and free of tripping hazards.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 14 - ASSISTED LIVING FACILITIES FOR ADULTS › Section 8.370.14.43 - HAZARDOUS AREAS

Current through Register Vol. 35, No. 13, July 16, 2024
Hazardous areas include: Fuel fired equipment rooms (not a
				  typical residential kitchen), bulk laundries or laundry rooms with more than
				  100 sq. ft., storage rooms more than 50 sq. ft. but less than 100 sq. ft. not
				  storing combustibles, storage rooms with more than 100 sq. ft. storing
				  combustibles, chemical storage rooms with more than 50 sq. ft., garages and
				  maintenance shops/ rooms.
A. Hazardous
				areas on the same floor as, and in or abutting, a primary means of escape or a
				sleeping room shall be protected by either:
(1) an enclosure of at least one hour fire
				rating with self-closing or automatic closing on smoke detection fire doors
				having a three-quarter of an hour rating; or
(2) an automatic fire protection (sprinkler)
				and separation of hazardous area with self-closing doors or doors with
				automatic-closing on smoke detection; or
(3) other hazardous areas shall be enclosed
				with walls with at least a 20 minute fire rating and doors equivalent to one
				and three-quarter inches solid bonded wood core, operated by self-closures or
				automatic closing on smoke detection.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 14 - ASSISTED LIVING FACILITIES FOR ADULTS › Section 8.370.14.44 - HEATING, AIR-CONDITIONING AND VENTILATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Heating, air-conditioning, piping, boilers
				and ventilation equipment shall be furnished, installed and maintained to meet
				all requirements of current state and local mechanical, electrical and
				construction codes. All facilities shall have documentation that fuel-fire
				heating systems have been checked, tested and maintained annually by qualified
				personnel.
B. The heating method
				used by the facility shall provide a minimum temperature of 70 degrees
				fahrenheit, measured at three feet above the floor, in all rooms used by the
				residents.
C. No open-face gas or
				electric heater nor unprotected single shell gas or electric heating device
				shall be used for heating the facility. Portable heating units shall not be
				used for heating the facility. All heating appliances shall be permanently
				anchored and kept away from flammables such as curtains, bedcovering, trash
				containers, or clothing. No heating appliance shall be located where the unit
				or wiring is a tripping hazard or presents danger from electrical
				shock.
D. Fireplaces and open flame
				heating shall not be utilized in sleeping rooms.
E. Gas fired water heaters shall not be
				located in sleeping rooms, bathrooms, or rooms opening into sleeping
				rooms.
F. The facility shall be
				adequately ventilated at all times to provide fresh air and the control of
				unpleasant odors by either mechanical or natural means.
G. All openings to the outside air used for
				ventilation shall be screened for the control of insects and rodents. Screen
				doors shall be equipped with self-closing devices.
H. The facility shall have a system for
				maintaining the residents comfort during periods of hot weather. Fans shall not
				be located where the unit or wiring is a tripping hazard. Fans shall be
				provided with protective shields when there is a potential for contact by any
				individual.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 14 - ASSISTED LIVING FACILITIES FOR ADULTS › Section 8.370.14.45 - WATER

Current through Register Vol. 35, No. 13, July 16, 2024
Pursuant to the current New Mexico drinking water
				  requirements:
A. The water supply
				system shall be constructed, protected, operated and maintained in conformance
				with applicable local, state and federal laws, ordinances and
				regulations.
B. Where a facility is
				supplied by its own water system, the system shall meet the sampling and
				construction requirement of a non-community water system as defined by the
				current New Mexico drinking water requirements.
C. All water that is not piped into the
				facility directly from a public water supply system shall be from an approved
				source, disinfected, transported, handled, stored and dispensed in a sanitary
				manner. Such water shall be prevented from entering potable water systems by
				appropriate cross connection and backflow prevention devices.
D. Hot and cold running water, under pressure
				shall be provided in all areas where food is prepared and where equipment and
				utensils are washed, sinks, lavatories, washrooms and laundries.
E. The hot water temperature that is
				accessible to residents shall be maintained at a minimum of 95 degrees
				fahrenheit and a maximum of 110 degrees fahrenheit. Hot water in excess of 110
				degrees fahrenheit is permitted in kitchen and laundry areas, provided that
				residents are supervised in order to prevent injury.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 14 - ASSISTED LIVING FACILITIES FOR ADULTS › Section 8.370.14.46 - SEWAGE AND WASTE DISPOSAL

Current through Register Vol. 35, No. 13, July 16, 2024
A. All
				sewage and liquid wastes shall be disposed of into a municipal sewage system
				where such facilities are available.
B. Where a municipal sewage system is not
				available, the system that is used shall be inspected and approved by the state
				environmental authority, pursuant to 20.7.3 NMAC, prior to licensure.
C. Where municipal or community garbage
				collection and disposal service are not available, the method of collection,
				storage and disposal of garbage used by the facility shall be environmentally
				safe and sound and not create an objectionable environment and be in accordance
				with state environmental authority, pursuant to 20.9.2 NMAC.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 14 - ASSISTED LIVING FACILITIES FOR ADULTS › Section 8.370.14.47 - LIGHTING AND LIGHTING FIXTURES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				All areas of the facility, including storerooms, stairways, hallways, and
				interior and exterior entrances shall be lighted to make the area clearly
				visible.
B. Exits, exit-access ways
				and other areas used at night by residents and staff shall be illuminated by
				night lights or other continuous lighting.
C. Lighting fixtures shall be selected and
				located to accommodate the needs and activities of the residents, with the
				comfort and convenience of the residents in mind.
D. Lamps and lighting fixtures shall be
				shaded to prevent glare to the eyes of residents and staff, and protected from
				accidental breakage or shattering.
E. Facilities with four or more residents
				shall have emergency lighting to light exit passageways and the exterior area
				near the exits that activates automatically upon disruption of electrical
				service.
F. Facilities with three
				or fewer residents shall have a flashlight that is immediately available for
				use in lieu of electrically interconnected emergency lighting.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 14 - ASSISTED LIVING FACILITIES FOR ADULTS › Section 8.370.14.48 - ELECTRICAL SYSTEM

Current through Register Vol. 35, No. 13, July 16, 2024
A. All fuse and
				breaker boxes shall be labeled to indicate the area of the facility to which
				each fuse or circuit breaker provides service.
B. All staff personnel of the facility shall
				know the location of the electrical disconnect switch and how to operate it in
				case of emergency.
C. Electrical
				cords and appliances shall be U/L approved.
(1) Electrical cords shall be replaced as
				soon as they show wear.
(2)
				Extension cords shall not be used. The use of a multi-socket united
				laboratories approved (U/L APPROVED) surge protector with integrated circuit
				breaker no greater than six feet in length is permitted for the intended
				purpose and not as an extension cord.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 14 - ASSISTED LIVING FACILITIES FOR ADULTS › Section 8.370.14.49 - DOORS

Current through Register Vol. 35, No. 13, July 16, 2024
A. No door in any
				means of egress shall be locked against egress when the building is occupied.
(1) Exit doors may be provided with a night
				latch, dead bolt, or security chain, provided these devices are operable from
				the inside, by any occupant, without the use of a key, tool, or any special
				knowledge and are mounted at a height not to exceed 48 inches above the
				finished floor.
(2) If locks are
				not readily operable by all occupants within the building, the locks must:
(a) unlock upon activation of the fire
				detection or sprinkler system; and
(b) unlock upon loss of power in the
				facility. Prior to installing such locking devices, the facility shall have
				written approval from the building, fire and licensing authorities having
				jurisdiction.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 14 - ASSISTED LIVING FACILITIES FOR ADULTS › Section 8.370.14.50 - EXITS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The facility
				shall have at least two approved exits, that do not involve windows and which
				are remote from each other.
B.
				Facilities with 10 or more residents shall have each exit clearly marked with
				lighted signs having letters at least six inches high and at least
				three-quarters of an inch wide. Exit signs shall be visible at all
				times.
C. Facilities with three or
				fewer residents shall have a flashlight that is immediately available for use
				in lieu of electrically interconnected emergency lighting.
D. Exits shall be clear of obstructions at
				all times.
E. Exits, exit paths, or
				means of egress shall not pass through hazardous areas, garages, storerooms,
				closets, utility rooms, laundry rooms, bedrooms, or spaces subject to
				locking.
F. For facilities with
				four or more residents, sliding doors are not acceptable as a required exit.
				EXCEPTION: Assisted living facilities with three or fewer residents may have
				sliding doors as required exits.
G.
				When the yard gate(s) is part of the exit access and is locked, the gate shall
				be connected to the fire protection system and release upon activation of the
				fire/smoke system or shall have the ability to be unlocked at the gate
				site.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 14 - ASSISTED LIVING FACILITIES FOR ADULTS › Section 8.370.14.51 - SEPARATION OF SLEEPING ROOMS

Current through Register Vol. 35, No. 13, July 16, 2024
A. All
				sleeping rooms shall be separated from escape route corridors by walls and
				doors that are smoke resistant. There shall be no passages, louvers, or
				transfer grills penetrating the wall to other spaces in the building.
B. All sleeping rooms shall be provided
				latches suitable for keeping the doors closed.
C. Every sleeping room shall have access to a
				primary means of escape that provides a path to the exterior, without exposure
				to unprotected vertical openings. Where sleeping rooms are above or below the
				level of exit discharge, the primary means of escape shall be:
(1) an enclosed interior stair; or
(2) an exterior stair; or
(3) a horizontal exit; or
(4) an existing approved fire escape stair.