New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 17 - REQUIREMENTS FOR FREESTANDING BIRTH CENTERS › Section 8.370.17.14 - LICENSE RENEWAL

Current through Register Vol. 35, No. 13, July 16, 2024
A. Licensee
				must submit a renewal application, electronically, if available, or on forms
				authorized by the licensing authority, along with the required license fee at
				least 30 days prior to expiration of the current license. The applicant shall
				certify that the facility complies with all applicable state and federal
				regulations in force at the time of renewal and that there has been no new
				construction or remodeling or additions which differ from the plans provided
				and reviewed with the prior license application. If there has been any
				construction or remodeling or additions to the facility since issuance of the
				last license, and the construction has not been previously approved, the
				license renewal applicant shall be required to comply with all construction
				documentation requirements under these regulations when applying for the
				license renewal. The authority reserves the right to require that a renewal
				applicant provide any and all additional documents, including any necessary
				proof of current compliance, as part of its license renewal application in
				order for the authority to determine whether the applicant and the facility are
				in full compliance with these regulations.
B. Upon receipt of the renewal application
				and the required fee, the licensing authority will issue a new license
				effective the day following the date of expiration of the current license, if
				the facility is in substantial compliance with these regulations and any and
				all other applicable state and federal regulations.
C. If the existing license expires and the
				licensee has failed to submit a renewal application, the authority may charge
				the applicant a late fee of $100 for each month or portion of a month that the
				facility continues to operate without a license providing that during such time
				the facility remains in full compliance with these regulations. If the facility
				does not renew its license and continues to operate without paying late fees
				and without being in full compliance with these regulations, the facility shall
				cease operations until it obtains a new license through the initial licensure
				procedures, and shall still be required to pay late fees. Under Section 24-1-5
				NMSA 1978, as amended, no freestanding birth center shall be operated without a
				license and any such failure may subject the operators to various sanctions and
				legal remedies, including at a minimum the imposition of civil monetary
				penalties.
D. It shall be the sole
				responsibility and liability of the licensee to be aware of the status, term
				and renewal date of its license. The licensing authority shall not be
				responsible to notify the facility of the renewal date or the expiration date
				of the facility's license.
E. After
				issuance of the initial license, if there has been no construction or
				remodeling or additions to the facility and the facility is in substantially
				the same condition as the plans on file with the authority, the facility may be
				issued a license renewal based upon its accreditation status if it has been
				fully accredited by an approved national accrediting organization such as, the
				commission for the accreditation of birth centers or its successor, and the
				facility maintains its accreditation status throughout the course of the
				license term. The licensee shall be responsible for providing verifiable
				evidence of accreditation status with its license renewal application and any
				time during the term of its license upon request. The authority, at its sole
				discretion, reserves the right to require additional documentation of
				compliance with these regulations and all applicable state and federal statutes
				and regulations by the licensee at the time of license renewal, even if the
				facility is accredited by an approved national accrediting
				organization.