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 7 - HEALTH FACILITY RECEIVERSHIP REQUIREMENTS › Section 8.370.7.8 - CONDITIONS FOR FILING RECEIVERSHIP PETITION

Current through Register Vol. 35, No. 13, July 16, 2024
When any of the following situations exist, the secretary may
				  petition the district court seeking appointment as a health facility
				  receiver.
A.
Facility
				closure.
The health facility will close, or cease all or part of its
				operations, within 60 days; and the health facility has failed to provide the
				secretary with, and obtained written approval from the secretary for, the
				health facility's detailed closure plan. The closure plan must demonstrate that
				the health facility will maintain and safeguard the health and safety of the
				care recipients. Upon receipt of a facility closure plan, the secretary will
				respond within 10 days to the facility with written notice of the secretary's
				approval or rejection of the closure plan. At a minimum, the closure plan will
				specify the facility's:
(1) Procedures and
				arrangements to insure that the health facility's care recipients obtain, or
				continue to receive, accessible, appropriate and affordable care; and
(2) The method of protecting all legal rights
				of the care recipients as such rights are affected by the closure;
				and
(3) Staffing; and
(4) Transfer planning and procedures with
				respect to the care recipients, including the funds, accounts, and property of
				the care recipients, medical and financial authorizations, and any other
				relevant documents executed by or on behalf of the care recipient in the
				possession of the health facility; and
(5) Other arrangements which the secretary
				may specify for inclusion in the closure plan.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 7 - HEALTH FACILITY RECEIVERSHIP REQUIREMENTS › Section 8.370.7.9 - QUALIFICATIONS OF THE DEPUTY RECEIVER

Current through Register Vol. 35, No. 13, July 16, 2024
Unless otherwise permitted by order of the district court,
				  the secretary will seek appointment of a deputy receiver who possesses the
				  following qualifications:
A.
Free of conflicts of interest.
The deputy receiver may not have a
				financial interest which conflicts with:
(1)
				Carrying out any of the duties and responsibilities imposed by the district
				court on the receiver or deputy receiver; or
(2) Fully protecting the persons receiving
				care from the health facility; or
(3) The management and operation of the
				receivership estate.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 7 - HEALTH FACILITY RECEIVERSHIP REQUIREMENTS › Section 8.370.7.10 - DUTIES, AUTHORITY AND RESPONSIBILITIES OF THE DEPUTY RECEIVER

Current through Register Vol. 35, No. 13, July 16, 2024
Unless otherwise ordered by the district court the deputy
				  receiver generally will carry out the duties of the receiver, as established in
				  the Health Facility Receivership Act, NMSA 1978, Sections 24-1E-1 to 24-1E-7
				  (2001), including the following.
A.
				Removal of care recipients from settings or situations within the receivership
				estate which threaten the care recipients with imminent danger of death or
				significant mental or physical harm.
B. All necessary actions needed to:
(1) Correct or remedy each condition on which
				the receiver's appointment was based.
(2) Ensure adequate care and services, in
				accordance with applicable authority, law, regulations, and accrediting
				requirements, for each care recipient of the health facility.
(3) Manage and operate the health facility,
				including, where deemed appropriate in the judgment of the receiver or deputy
				receiver, any of the following:
(a) Closing
				the health facility.
(b) Expanding
				existing and initiating new services and operations.
(c) Hiring and firing officers and
				employees.
(d) Contracting for
				necessary services, personnel, supplies, equipment, facilities, and all other
				appropriate things.
(e) Reasonably
				expending funds of the health facility.
(f) Paying the health facility's obligations,
				borrowing money and property and giving security as necessary for
				such.
(g) Purchasing, selling,
				marshalling and otherwise managing the health facility's property and
				assets.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 7 - HEALTH FACILITY RECEIVERSHIP REQUIREMENTS › Section 8.370.7.11 - FINANCIAL OBLIGATIONS AND CONDITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The deputy receiver, unless granted prior approval from the
				  district court, will not obligate the health facility to the purchase of real
				  property, the sale of the health facility's real property, or the long-term
				  lease of real property.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 7 - HEALTH FACILITY RECEIVERSHIP REQUIREMENTS › Section 8.370.7.12 - PROVISIONS SOUGHT IN AN ORDER GRANTING PETITION FOR HEALTH FACILITY RECEIVERSHIP

Current through Register Vol. 35, No. 13, July 16, 2024
The secretary will seek provisions in the order granting the
				  petition pertaining to:
A. Prior
				approval from the district court for the sale or purchase of real
				property;
B. Periodic accounting to
				the court and the parties;
C. The
				posting of bond for the deputy receiver and the waiver of any such
				bonds;
D. Allocation of income and
				assets of the health facility to the receiver to carry out the purposes of the
				receivership;
E. Expansion and
				restrictions on the statutory authority granted to the receiver or deputy
				receiver;
F. The scope of the
				receivership estate; and,
G. Any
				other provisions deemed necessary to carry out the duties, authority and
				responsibilities of the deputy receiver, including provisions that may limit or
				expand the duties, authority and responsibilities.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 8 - EMPLOYEE ABUSE REGISTRY › Section 8.370.8.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to a broad range of New Mexico providers of
				  health care and services and employees of these providers who are not licensed
				  health care professionals or certified nurse aides. This rule requires that
				  providers check with the registry and avoid employing an individual on the
				  registry. This rule provides for the investigation and determination of
				  complaints alleging abuse, neglect or exploitation of recipients of care or
				  services by employees. This rule further requires listing employees with
				  substantiated registry-referred abuse, neglect or exploitation on the registry,
				  following an opportunity for a hearing. This rule supplements other
				  pre-employment screening requirements currently applicable to health care
				  providers, such as the requirement for criminal history screening of caregivers
				  employed by care providers subject to the Caregiver Criminal History Screening
				  Act, Sections 29-17-1 et seq. NMSA 1978, and that Act's implementing rule,
				  8.370.5 NMAC. It also supplements requirements for preemployment screening of
				  certified nurse aides applicable to nursing facilities pursuant to
				  42 CFR Sections
				  483.75(e) and
				  488.335; and 8.370.25 NMAC. This
				  rule does not address the consequences of abuse, neglect, or exploitation for
				  which a provider, as distinguished from an employee, is
				  responsible.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 8 - EMPLOYEE ABUSE REGISTRY › Section 8.370.8.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The Employee Abuse Registry Act, Sections 27-7A-1 to 27-7A-8
				  NMSA 1978. Section 9-8-1 et seq. NMSA 1978 establishes the health care
				  authority (authority) as a single, unified department to administer laws and
				  exercise functions relating to health care purchasing and
				  regulation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 8 - EMPLOYEE ABUSE REGISTRY › Section 8.370.8.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 2024, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 8 - EMPLOYEE ABUSE REGISTRY › Section 8.370.8.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to implement the Employee
				  Abuse Registry Act. The rule is intended to provide guidance as to the rights
				  and responsibilities under the Employee Abuse Registry Act of providers,
				  employees of providers, the health care authority and the adult protective
				  services division of the department of aging and long term services, and the
				  public including recipients of care and services from
				  providers.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 8 - EMPLOYEE ABUSE REGISTRY › Section 8.370.8.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				"
Abuse
" means,
(1) knowingly,
				intentionally or negligently and without justifiable cause inflicting physical
				pain, injury or mental anguish, and includes sexual abuse and verbal abuse;
				or
(2) the intentional deprivation
				by a caretaker or other person of services necessary to maintain the mental and
				physical health of a person.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 8 - EMPLOYEE ABUSE REGISTRY › Section 8.370.8.10 - COMPLAINT PROCESSING

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Assignment of complaint.
The manager or designee shall review the
				complaints, reports or allegations of abuse, neglect or exploitation,
				prioritize these complaints and assign appropriate authority staff to
				investigate when warranted, and refer the complaint, report, or allegation to
				APS, and other appropriate oversight agencies for investigation.
(1) Assignment shall be made to appropriate
				staff of the authority of all complaints of abuse, neglect or exploitation
				involving a provider for whom the authority has oversight authority or for whom
				the authority has agreed to investigate.
(2) Referral shall be made to APS of
				complaints of abuse, neglect or exploitation in all instances where the
				complaint involves a provider of medicaid waiver services administered by the
				aging and long-term services department and the provider is not otherwise
				licensed by or under contract with the authority.
(3) The manager shall prioritize the
				complaints and ensure that the complaints that allege the most serious
				incidents of abuse, neglect or exploitation, or that present a high risk of
				future harm, are promptly investigated.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 8 - EMPLOYEE ABUSE REGISTRY › Section 8.370.8.11 - SEVERITY STANDARD

Current through Register Vol. 35, No. 13, July 16, 2024
A determination of the severity of all substantiated
				  complaints of abuse, neglect or exploitation is made for the purpose of
				  deciding if the employee is to be referred for placement on the registry. The
				  determination of the severity of the substantiated complaint of abuse, neglect
				  or exploitation is based upon application of the severity standards in this
				  section. A substantiated complaint that satisfies the severity standard in this
				  section is a substantiated registry-referred complaint. A substantiated
				  complaint that does not satisfy the severity standard in this section will not
				  be referred to the registry. Severity is determined by assessing the impact of
				  the substantiated abuse, neglect, or exploitation on the recipient of care or
				  services, and by assessing the employee for aggravating factors.
A.
Abuse.
A substantiated
				complaint of abuse meets the severity standard if:
(1) the abuse results in, or is a
				contributing factor to, death;
(2)
				the abuse results in the infliction of a significant, identifiable physical
				injury that reasonably requires or results in medical or behavioral
				intervention or treatment;
(3) the
				abuse results in any injury for which criminal charges are brought against the
				employee resulting in a plea or conviction;
(4) the abuse results in the infliction of
				excruciating pain or pain that endures over a significant time
				period;
(5) the abuse causes
				significant mental anguish as evidenced by the victim's descriptions, or
				significant behavioral changes;
(6)
				the abuse is sexual abuse; or
(7)
				the abuse is verbal abuse that causes significant mental anguish, including
				psychological or emotional damage, and which is evidenced by significant
				behavioral changes or physical symptoms.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 8 - EMPLOYEE ABUSE REGISTRY › Section 8.370.8.12 - PROVIDER COOPERATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Access to provider by investigators.
The provider shall provide
				immediate physical access to the provider's entire facility or its service
				delivery sites to investigators from the authority or APS. The investigators
				may require such access during any or all shifts.
B.
Access to provider records.
The provider shall provide to investigators from the authority or APS immediate
				access to all information obtained as a result of the provider's own internal
				investigation of the matters that form the basis of the complaint, including
				but not limited to written statements, interviews, affidavits, physical items,
				medical information, electronic and computer data, and photographic
				information.
C.
Interviews.
Investigators from the authority or APS shall have a
				reasonable opportunity to conduct confidential interviews with any person who
				may have relevant information relating to the complaint, including employees
				and other staff including licensed health care professionals and certified
				nurse aides, other licensed health care professionals and other provider staff,
				recipients of care or services from the provider and their family members,
				guardians, health care decision makers and friends.
D.
Physical access to recipients of
				care and services.
The provider must allow reasonable access to
				individuals receiving care or services from the provider to investigators from
				the authority or APS when such investigators announce that they are
				investigating a complaint. Such access may be telephonic or
				face-to-face.
E.
Access to
				the provider's records, patient trust accounts and patient property.
The
				provider must provide immediate access to investigators from the authority or
				APS to the provider's billing records, patient trust accounts, representative
				payee records, patient care and medical records, and patient property. In
				addition the provider must assure access to employee and personnel records,
				including documentation showing provider inquiry to the registry.
F.
Copying.
The access required
				to be provided to investigators includes copying paper documents and printing
				and copying electronic and computer records or data. Copied documents shall be
				retained in accordance with applicable state retention policies.
G.
Consequences of provider's denial of
				cooperation.
The authority shall administer sanctions for a provider's
				failure to comply with the Employee Abuse Registry Act, including failure to
				provide access as required herein to conduct investigations of complaints, and
				such sanctions include a directed plan of correction, a civil monetary penalty
				not to exceed $5,000, or such sanctions as are available under applicable
				contract or licensing provisions.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 8 - EMPLOYEE ABUSE REGISTRY › Section 8.370.8.13 - NOTIFICATION FOLLOWING INVESTIGATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Notification to provider and
				employee
. If the authority or APS determines, following an
				investigation, that an instance of either substantiated or substantiated
				registry-referred employee abuse, neglect, or exploitation has occurred, then
				the authority, if it substantiated the complaint, or APS, if it substantiated
				the complaint, shall promptly notify the employee and the provider.
B.
Required information for
				substantiated registry-referred complaints.
The notice to the provider
				and employee for substantiated registry-referred complaints shall be by
				certified mail and shall include the following information.
(1) The nature of the abuse, neglect, or
				exploitation.
(2) The date and time
				of the occurrence.
(3) The right to
				request a hearing, and the time and manner for requesting a hearing.
(4) The fact that the substantiated
				registry-referred findings will be reported to the registry, once the employee
				has had an opportunity for a hearing.
(5) The failure by the employee to request a
				hearing in writing within 30 calendar days from the date of the notice shall
				result in the reporting of the substantiated findings to the registry and the
				provider.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 8 - EMPLOYEE ABUSE REGISTRY › Section 8.370.8.14 - HEARINGS

Current through Register Vol. 35, No. 13, July 16, 2024
Hearings are provided to employees by either the authority or
				  APS. This section provides rules applicable to hearings held by the
				  authority.
A.
Request for
				hearing.
An employee may request an evidentiary hearing if the employee
				is notified that as a result of substantiated registry-referred findings of
				abuse, neglect, or exploitation the employee will be reported to the registry.
				The request for hearing shall be made to the authority if the authority
				conducted the investigation and issued the notice. The employee's request for
				hearing shall be made to APS if APS conducted the investigation and issued the
				notice. A provider may not request a hearing pursuant to the Employee Abuse
				Registry Act. The following applies to hearings properly requested of the
				authority.
(1) The request for a hearing shall
				be in writing and mailed or delivered to the New Mexico health care authority
				at the address set forth in the notice.
(2) The request for hearing shall include a
				copy of the notice.
(3) The request
				for hearing must be mailed or hand-delivered no later than 30 calendar days
				after the date of the notice.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 8 - EMPLOYEE ABUSE REGISTRY › Section 8.370.8.15 - NOTIFICATION BY APS

Current through Register Vol. 35, No. 13, July 16, 2024
APS shall promptly provide all required employee information
				  to the custodian of the final disposition of complaints of substantiated
				  registry-referred abuse, neglect or exploitation after the occurrence of each
				  of the following:
A.
No hearing
				requested.
The employee has not requested an administrative hearing
				within 30 calendar days after the date of the notice to the employee following
				an investigation resulting in the determination of substantiated
				registry-referred abuse, neglect, or exploitation.
B.
Adjudication of abuse, neglect or
				exploitation.
The employee has not filed for review in the district
				court pursuant to the provisions of Section 39-3-1.1 NMSA 1978 after 30
				calendar days following the date of the final APS administrative adjudication
				decision of employee abuse, neglect or exploitation of sufficient severity for
				registry referral.
C.
Judicial decision.
Upon the receipt by APS of a district court
				order or decision sustaining the APS administrative adjudication decision of
				abuse, neglect or exploitation of sufficient severity for registry referral, if
				an employee seeks judicial review in the district court.
D.
Court of Appeals.
If the
				employee seeks review in the court of appeals by writ of certiorari, the
				employee shall remain on the registry, unless a stay is granted or the court of
				appeals reverses the district court. If a stay is granted or the court of
				appeals reverses, then notification shall be made to the custodian who shall
				promptly remove the employee from the registry.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 8 - EMPLOYEE ABUSE REGISTRY › Section 8.370.8.16 - ENTRY ON THE REGISTRY

Current through Register Vol. 35, No. 13, July 16, 2024
The custodian shall provide the employee and the provider for
				  whom the employee worked with notice of the employee's listing on the registry.
				  The following employees will be listed on the registry by the custodian:
A.
No hearing requested.
Any
				employee determined to have committed substantiated registry-referred abuse,
				neglect or exploitation who does not request an administrative hearing within
				30 calendar days after the date of the notice to the employee.
B.
Adjudicated decision.
Any
				employee who, after 30 calendar days following the date of an adjudicated
				decision of abuse, neglect or exploitation, has not filed for review in the
				district court pursuant to the provisions of Section 39-3-1.1 NMSA
				1978.
C.
Judicial
				decision.
Any employee for whom a district court has entered an order or
				decision sustaining an administrative adjudication of abuse, neglect or
				exploitation.
D.
Court of
				appeals.
Any employee who seeks review in the court of appeals by writ
				of certiorari shall remain listed on the registry, unless a stay is granted
				pending the outcome of the case, or the court of appeals reverses the district
				court. If a stay is granted or the court of appeals reverses the district
				court, then the custodian shall promptly remove the employee from the
				registry.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 8 - EMPLOYEE ABUSE REGISTRY › Section 8.370.8.17 - REMOVAL FROM THE REGISTRY

Current through Register Vol. 35, No. 13, July 16, 2024
After a period of three years from the effective date of
				  placement on the registry, an individual on the registry may petition for
				  removal from the registry. The petition shall be sent to the custodian. The
				  petition contents shall be reviewed for completeness within five days, and if
				  not complete, notice shall be sent to the petitioner informing the petitioner
				  that the petition is incomplete. The petition review time does not commence to
				  run until the submission of a complete petition.
A.
Petition contents.
Any
				individual whose name is on the registry may petition the custodian in writing
				for removal of the individual's name from the registry. In addition to the
				name, address, telephone number, and social security number of the petitioner,
				the petition shall provide:
(1) the
				petitioner's employment history since placement on the registry, to include for
				each employer, the name, address and telephone number of the employer, a brief
				description of the petitioner's responsibilities, the dates of the employment,
				reasons for ending the employment, and the names and telephone numbers of any
				employer contacts;
(2) evidence of
				any rehabilitation, restitution or education since the incident of abuse,
				neglect or exploitation, including copies of any certificates or other evidence
				of successful completion of rehabilitation or other educational programs, and
				including evidence of relevant volunteer activities;
(3) other relevant information including
				changed circumstances.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 8 - EMPLOYEE ABUSE REGISTRY › Section 8.370.8.18 - CONFIDENTIALITY

Current through Register Vol. 35, No. 13, July 16, 2024
The authority complies with all state and federal
				  confidentiality requirements regarding information obtained in connection with
				  the operation of the employee abuse registry program, including the Health
				  Insurance Portability and Accountability Act of 1996 (HIPAA).
A.
Confidentiality of
				information.
Information obtained by the incident management system
				involving incidents or situations of suspected abuse, neglect or exploitation
				is confidential, and is not subject to public inspection until completion of
				all investigations and hearings, and then only to the extent specifically
				permitted by law and only such information that does not identify individuals
				who are receiving care or services from providers.
B.
Unsubstantiated complaints.
Complaints of suspected abuse, neglect or exploitation obtained by the incident
				management system that are not substantiated following investigation are not
				public information and are not subject to public inspection.
C.
Substantiated complaints.
Complaints of suspected abuse, neglect or exploitation obtained by the incident
				management system that are substantiated following investigation are subject to
				public inspection only to the extent permitted by law and the disclosure may
				not include any identifying information about an individual who is receiving
				health care services from a provider.
D.
Permitted disclosures.
Nothing herein shall restrict an appropriate disclosure of information to the
				centers for medicare and medicaid services; nor shall any provision herein
				restrict disclosures to law enforcement officials, including district attorneys
				and courts, in accordance with the Adult Protective Services Act and the
				Resident Abuse and Neglect Act or other law.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 9 - INCIDENT REPORTING, INTAKE, PROCESSING AND TRAINING REQUIREMENTS › Section 8.370.9.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Health Care Authority.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 9 - INCIDENT REPORTING, INTAKE, PROCESSING AND TRAINING REQUIREMENTS › Section 8.370.9.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is applicable to persons, organizations or legal
				  entities to include each: adult day care center, adult day care home, adult
				  assisted living facility, ambulatory surgical center, diagnostic and treatment
				  center, end stage renal disease facility, general, acute, special and limited
				  service hospitals, home health agency, hospice facility, hospital infirmary,
				  intermediate care facility for the mentally retarded or the intellectually and
				  developmentally disabled, limited diagnostic and treatment center, nursing
				  facility, skilled nursing facility, and rural health clinic.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 9 - INCIDENT REPORTING, INTAKE, PROCESSING AND TRAINING REQUIREMENTS › Section 8.370.9.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section 24-1-3, and 24-1-5 NMSA 1978, of the Public Health
				  Act as amended. Section 9-81 et seq. NMSA 1978 establishes the health care
				  authority (authority) (as a single, unified department to administer laws and
				  exercise functions relating to health care purchasing and
				  regulation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 9 - INCIDENT REPORTING, INTAKE, PROCESSING AND TRAINING REQUIREMENTS › Section 8.370.9.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 2024, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 9 - INCIDENT REPORTING, INTAKE, PROCESSING AND TRAINING REQUIREMENTS › Section 8.370.9.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule establishes standards for licensed health care
				  facilities to institute and maintain an incident management system and employee
				  training program for the reporting of abuse, neglect, exploitation injuries of
				  unknown origin and other reportable incidents.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 9 - INCIDENT REPORTING, INTAKE, PROCESSING AND TRAINING REQUIREMENTS › Section 8.370.9.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Abuse"
means:
(1) knowingly,
				intentionally, and without justifiable cause inflicting physical pain, injury
				or mental anguish;
(2) the
				intentional deprivation by a caretaker or other person of services necessary to
				maintain the mental and physical health of a person;
(3) sexual abuse, including criminal sexual
				contact, incest, and criminal sexual penetration; or
(4) verbal abuse, including profane,
				threatening, derogatory, or demeaning language, spoken or conveyed with the
				intent to cause mental anguish.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 9 - INCIDENT REPORTING, INTAKE, PROCESSING AND TRAINING REQUIREMENTS › Section 8.370.9.8 - INCIDENT MANAGEMENT SYSTEM REPORTING REQUIREMENTS FOR LICENSED HEALTH CARE FACILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Duty to report:
(1) All licensed
				health care facilities shall immediately report abuse, neglect or exploitation
				to the adult protective services division.
(2) All licensed health care facilities shall
				report abuse, neglect, exploitation, and injuries of unknown origin or other
				reportable incidents to the bureau within a 24 hour period, or the next
				business day when the incident occurs on a weekend or holiday.
(3) All licensed health care facilities shall
				ensure that the reporter with direct knowledge of an incident has immediate
				access to the bureau incident report form to allow the reporter to respond to,
				report, and document incidents in a timely and accurate
				manner.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 9 - INCIDENT REPORTING, INTAKE, PROCESSING AND TRAINING REQUIREMENTS › Section 8.370.9.9 - INCIDENT MANAGEMENT SYSTEM REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
General:
All licensed health
				care facilities shall establish and maintain an incident management system,
				which emphasizes the principles of prevention and staff involvement. The
				licensed health care facility shall ensure that the incident management system
				policies and procedures require all employees to be competently trained to
				respond to, report, and document reportable incidents in a timely and accurate
				manner.
B.
Training
				curriculum:
Prior to working unsupervised with consumers, the licensed
				health care facility shall provide all employees and volunteers with a written
				training curriculum and shall train them on incident policies and procedures
				for identification, and timely reporting of abuse, neglect, exploitation,
				injuries of unknown origin or other reportable incidents. Refresher training
				shall be provided at annual, not to exceed 12 month, intervals. The training
				curriculum may include computer-based training. Reviews shall include, at a
				minimum, review of the written training curriculum and site-specific issues
				pertaining to the licensed health care facility. Training shall be conducted in
				a language that is understood by the employee and volunteer.
C.
Incident management system training
				curriculum requirements:
(1) The
				licensed health care facility shall conduct training, or designate a
				knowledgeable representative to conduct training, in accordance with the
				written training curriculum that includes but is not limited to:
(a) an overview of the potential risk of
				abuse, neglect, and exploitation;
(b) informational procedures for properly
				filing the division's incident management report form;
(c) specific instructions of the employees'
				legal responsibility to report an incident of abuse, neglect or
				exploitation;
(d) specific
				instructions on how to respond to abuse, neglect, and exploitation;
				and
(e) emergency action procedures
				to be followed in the event of an alleged incident or knowledge of abuse,
				neglect, or exploitation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 9 - INCIDENT REPORTING, INTAKE, PROCESSING AND TRAINING REQUIREMENTS › Section 8.370.9.10 - ACCESS AND COOPERATION TO FACILITATE AUTHORITY INCIDENT INVESTIGATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The authority
				will conduct incident investigations and periodic surveys of licensed health
				care facilities subject to these requirements. These reviews may be either
				announced or unannounced.
B. All
				licensed health care facilities shall facilitate immediate physical or
				in-person access to authority personnel investigating incidents or conducting
				surveys:
(1) all records, regardless of
				media, including but not limited to, financial records, all client records,
				individual service plans, personnel records, board and or committee minutes,
				incident reports, quality assurance activities, client satisfaction surveys and
				agency policy /procedures manuals;
(2) all necessary employees with direct
				knowledge of the incident;
(3) all
				necessary clients currently receiving services, guardians, representatives and
				family members with direct knowledge of the incident; and
(4) all administrative and service delivery
				sites.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 9 - INCIDENT REPORTING, INTAKE, PROCESSING AND TRAINING REQUIREMENTS › Section 8.370.9.11 - CONSEQUENCES OF LICENSED HEALTH CARE FACILITY NONCOMPLIANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The authority or other governmental agency
				having regulatory enforcement authority over a licensed health care facility
				may sanction a licensed health care facility or in accordance with applicable
				law if the licensed health care facility fails to report incidents of abuse,
				neglect or exploitation or fails to provide or fails to maintain evidence of an
				existing incident management system and employee training documentation as set
				forth by this rule, fails to take reasonable measures to protect consumers from
				abuse, neglect or exploitation, or any other violation of this rule.
B. Such sanctions may include revocation or
				suspension of license, directed plan of correction, intermediate sanctions or
				civil monetary penalty up to $5,000 per instance.
C. All confirmed incident investigations
				conducted by the authority hold the licensed health care facility responsible
				for the actions of the employee in their employment with the following
				exception: any employee found to have caused the abuse, neglect or exploitation
				shall be held accountable independent of the licensed health care facility when
				the facility has complied with all requirements of this rule and the employee
				acts outside of the provider's system. The employee shall be subject to the
				Employee Abuse Registry Act or referred to the appropriate certification or
				licensing authority and reported to law enforcement agencies when
				appropriate.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 9 - INCIDENT REPORTING, INTAKE, PROCESSING AND TRAINING REQUIREMENTS › Section 8.370.9.12 - CONFIDENTIALITY

Current through Register Vol. 35, No. 13, July 16, 2024
All consumer information reviewed or obtained in the course
				  of a survey or investigation of a licensed health care facility is confidential
				  in accordance with all applicable federal and state law and regulation. If a
				  complaint is unsubstantiated, no information regarding the substance of the
				  complaint or the alleged individual or provider perpetrator may be released
				  publicly. If a complaint is substantiated, confidential information includes,
				  but is not limited to: identity of the incident report form reporter if
				  confidentiality has been requested, personnel records, dates of birth, drivers'
				  license numbers, social security numbers, personal addresses and telephone
				  numbers, the licensed health care facility's internal incident investigations,
				  financial documents and proprietary business information.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 9 - INCIDENT REPORTING, INTAKE, PROCESSING AND TRAINING REQUIREMENTS › Section 8.370.9.13 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If any provision or application of 8.370.9 NMAC is held
				  invalid, the remainder, or its application to other situations or persons,
				  shall not be affected.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 10 - ABUSE, NEGLECT, EXPLOITATION, AND DEATH REPORTING, TRAINING AND RELATED REQUIREMENTS FOR COMMUNITY PROVIDERS › Section 8.370.10.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Health Care Authority.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 10 - ABUSE, NEGLECT, EXPLOITATION, AND DEATH REPORTING, TRAINING AND RELATED REQUIREMENTS FOR COMMUNITY PROVIDERS › Section 8.370.10.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is applicable to persons, organizations or legal
				  entities receiving developmental disability waiver funds and developmental
				  disability medically fragile waiver funds acting as community-based service
				  providers as defined in this rule.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 10 - ABUSE, NEGLECT, EXPLOITATION, AND DEATH REPORTING, TRAINING AND RELATED REQUIREMENTS FOR COMMUNITY PROVIDERS › Section 8.370.10.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Subsection E of Section 9-8-6, NMSA 1978, Subsection D of
				  Section 24-1-2, Subsections I, L, O, T and U of Sections 24-1-3 and 24-1-5 NMSA
				  1978 of the Public Health Act as amended. Section 9-8-1 et seq. NMSA 1978
				  establishes the health care authority (authority) as a single, unified
				  department to administer laws and exercise functions relating to health care
				  purchasing and regulation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 10 - ABUSE, NEGLECT, EXPLOITATION, AND DEATH REPORTING, TRAINING AND RELATED REQUIREMENTS FOR COMMUNITY PROVIDERS › Section 8.370.10.4 - DURATION

Current through Register Vol. 35, No. 13, July 16, 2024
Permanent.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 10 - ABUSE, NEGLECT, EXPLOITATION, AND DEATH REPORTING, TRAINING AND RELATED REQUIREMENTS FOR COMMUNITY PROVIDERS › Section 8.370.10.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 2024, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 10 - ABUSE, NEGLECT, EXPLOITATION, AND DEATH REPORTING, TRAINING AND RELATED REQUIREMENTS FOR COMMUNITY PROVIDERS › Section 8.370.10.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule establishes standards for community-based service
				  providers to institute and maintain an incident management system and employee
				  and volunteer training programs for the reporting of abuse, neglect,
				  exploitation, suspicious injuries, environmentally hazardous conditions and
				  death.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 10 - ABUSE, NEGLECT, EXPLOITATION, AND DEATH REPORTING, TRAINING AND RELATED REQUIREMENTS FOR COMMUNITY PROVIDERS › Section 8.370.10.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Abuse"
including verbal abuse, means:
(1) knowingly, intentionally, and without
				justifiable cause inflicting physical pain, injury or mental anguish;
(2) the intentional deprivation by a
				caretaker or other person of services necessary to maintain the mental and
				physical health of a person; or
(3)
				sexual abuse, including criminal sexual contact, incest, and criminal sexual
				penetration.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 10 - ABUSE, NEGLECT, EXPLOITATION, AND DEATH REPORTING, TRAINING AND RELATED REQUIREMENTS FOR COMMUNITY PROVIDERS › Section 8.370.10.8 - INCIDENT MANAGEMENT SYSTEM REPORTING REQUIREMENTS FOR COMMUNITY-BASED SERVICE PROVIDERS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Duty to report:
(1) All
				community-based providers shall immediately report alleged crimes to law
				enforcement or call for emergency medical services as appropriate to ensure the
				safety of consumers.
(2) All
				community-based service providers, their employees and volunteers shall
				immediately call the division of health improvement (DHI) hotline at
				1-800445-6242 to report abuse, neglect, exploitation, suspicious injuries or
				any death and also to report an environmentally hazardous condition which
				creates an immediate threat to health or safety.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 10 - ABUSE, NEGLECT, EXPLOITATION, AND DEATH REPORTING, TRAINING AND RELATED REQUIREMENTS FOR COMMUNITY PROVIDERS › Section 8.370.10.9 - INCIDENT MANAGEMENT SYSTEM REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
General:
All community-based
				service providers shall establish and maintain an incident management system,
				which emphasizes the principles of prevention and staff involvement. The
				community-based service provider shall ensure that the incident management
				system policies and procedures requires all employees and volunteers to be
				competently trained to respond to, report, and preserve evidence related to
				incidents in a timely and accurate manner.
B.
Training curriculum:
Prior to
				an employee or volunteer's initial work with the community-based service
				provider, all employees and volunteers shall be trained on an applicable
				written training curriculum including incident policies and procedures for
				identification, and timely reporting of abuse, neglect, exploitation,
				suspicious injury, and all deaths as required in Subsection A of 8.370.10.8
				NMAC. The trainings shall be reviewed at annual, not to exceed 12-month
				intervals. The training curriculum as set forth in Subsection C of 8.370.10.9
				NMAC may include computer-based training. Periodic reviews shall include, at a
				minimum, review of the written training curriculum and site-specific issues
				pertaining to the community-based service provider's facility. Training shall
				be conducted in a language that is understood by the employee or
				volunteer.
C.
Incident
				management system training curriculum requirements:
(1) The community-based service provider
				shall conduct training or designate a knowledgeable representative to conduct
				training, in accordance with the written training curriculum provided
				electronically by the division that includes but is not limited to:
(a) an overview of the potential risk of
				abuse, neglect, or exploitation;
(b) informational procedures for properly
				filing the division's abuse, neglect, and exploitation or report of death
				form;
(c) specific instructions of
				the employees' legal responsibility to report an incident of abuse, neglect and
				exploitation, suspicious injury, and all deaths;
(d) specific instructions on how to respond
				to abuse, neglect, or exploitation;
(e) emergency action procedures to be
				followed in the event of an alleged incident or knowledge of abuse, neglect,
				exploitation, or suspicious injury.