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 12 - REQUIREMENTS FOR ACUTE CARE, LIMITED SERVICES AND SPECIAL HOSPITALS › Section 8.370.12.30 - MEDICAL RECORDS SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Medical Record:
A medical record shall be maintained for every
				patient admitted for care in the hospital. The record shall be kept
				confidential and released only in accordance with the Sections 146-1, 14-6-2
				NMSA 1978 and, where appropriate, Section 43-1-19 NMSA 1978.
B.
Service:
The hospital shall
				have a medical records service with administrative responsibility for all
				medical records maintained by the hospital.
(1) Confidentiality:
(a) Written consent of the patient or legally
				authorized person shall be required for release of medical information to
				persons not otherwise authorized to receive this information.
(b) Original medical records may not be
				removed from the hospital except by authorized persons who are acting in
				accordance with a court order, and where measures are taken to protect the
				record from loss, defacement, tampering and unauthorized access.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 12 - REQUIREMENTS FOR ACUTE CARE, LIMITED SERVICES AND SPECIAL HOSPITALS › Section 8.370.12.31 - LABORATORY SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Services and facilities:
(1) The
				extent and complexity of laboratory services shall be commensurate with the
				size, scope, and nature of the hospital and the needs of the medical
				staff.
(2) Necessary space,
				facilities and equipment to perform both the basic minimum and all other
				services shall be provided by the hospital either on-site or by contracts and
				services.
(3) All equipment shall
				be made to carry out adequate clinical laboratory examinations and services, as
				appropriate for the care of the patients. In the case of work performed, the
				original report or a legally reproduced copy of the report from the laboratory
				shall be contained in the medical record.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 12 - REQUIREMENTS FOR ACUTE CARE, LIMITED SERVICES AND SPECIAL HOSPITALS › Section 8.370.12.33 - NUCLEAR MEDICINE SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Nuclear medicine service:
(1)
				Requirement: If a hospital provides nuclear medicine services, the services
				shall meet the needs of the hospital's patients in accordance with acceptable
				standards of professional practice.
(2) Organization and staffing:
(a) the organization of the nuclear medicine
				services shall be appropriate for the scope and complexity of the services
				offered;
(b) there shall be a
				physician director who is qualified in nuclear medicine to be responsible for
				the nuclear medicine service;
(c)
				the qualifications, education, training, functions and legal responsibilities
				of nuclear medicine personnel shall be specified by the director of the service
				and approved by the medical staff and chief executive officer/administrator
				based upon the assurance that personnel are appropriately licensed by the state
				radiology technologist licensing body; and
(d) all persons who administer
				radiopharmaceuticals shall be approved by the medical staff and in accordance
				with applicable federal, state and local laws; the numbers and types of
				personnel assigned to nuclear medicine shall be appropriate for the scope and
				complexity of the services offered.
(3) Location: Nuclear medicine services shall
				be provided in an area of the hospital that is adequately shielded.
(4) Radioactive: Radioactive materials shall
				be prepared, labeled, used, transported, stored and disposed of in accordance
				with applicable regulations, i.e. the Radiation Protection Act 74-1-9, 74-3-5,
				74-39, NMSA 1974, and all regulations promulgated thereunder.
(5) Equipment and supplies:
(a) Equipment and supplies shall be
				appropriate for the types of nuclear medicine services offered and shall be
				maintained for safe and efficient performance.
(b) All equipment shall be maintained in safe
				operating condition and shall be inspected, tested and calibrated at least
				annually by a radiation or health physicist.
(6) Records:
(a) Authenticated and dated reports of
				nuclear medicine interpretations, consultations and therapy shall be made part
				of the patient's medical record and copies shall be retained by the
				service.
(b) Records shall note the
				amount of radiopharmaceuticals administered, the identity of the recipient, the
				supplier and lot number and the date of therapy.
(c) The hospital shall provide for monitoring
				the staff's exposure to radiation. The cumulative radiation exposure for each
				staff member shall be recorded in the service's records at least
				monthly.
(d) Records of the receipt
				and disposition of radiopharmaceuticals shall be maintained. Documentation of
				instrument performance and records of inspection shall be retained in the
				service.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 12 - REQUIREMENTS FOR ACUTE CARE, LIMITED SERVICES AND SPECIAL HOSPITALS › Section 8.370.12.34 - CLINICAL SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Policies and procedures:
Hospitals which have surgery, anesthesia,
				dental, maternity, and other services which may be optional services shall have
				effective written policies and procedures, in addition to those set forth under
				these requirements, relating to the staffing and functions of each services in
				order to protect the health and safety of the patients.
B.
Surgery:
(1) Policies:
(a) Surgical privileges shall be delineated
				for each of the medical staff performing surgery in accordance with the
				individual's competencies and a copy shall be available to operating room
				supervisor.
(b) The surgical
				service shall have a written policy to ensure patient safety if a member of the
				surgical team becomes non-functional.
(c) The surgical service shall have the
				ability to retrieve information needed for infection surveillance,
				identification of personnel who assisted at operative procedures, and the
				compiling of needed data.
(d) There
				shall be adequate provision for immediate post-operative care. A patient may be
				directly discharged from post-anesthetic recovery status, upon direction by an
				anesthesiologist, another qualified physician or a certified registered nurse
				anesthetist.
(e) A procedure for
				the identification, investigation, and elimination of nosocomial infection
				associated with surgical services. There shall be a written procedure for
				investigating unusual levels of infection.
(f) Rules and policies relating to the
				operating rooms shall be available and posted in appropriate locations inside
				and outside the operating rooms.
(g) The hospital shall have policies which
				clearly identify the patient, the site, or side of the procedure.
(h) Prior to commencing surgery the person
				responsible for administering anesthesia, or the surgeon must verify the
				patient's identity, the site or side of the body to be operated on, and
				ascertain that a record of the following appears in the patient's medical
				record: an interval medical history and physical examination performed and
				recorded according to hospital policy, appropriate screening tests, based on
				the needs of the patient, accomplished and recorded according to hospital
				policy, a properly executed informed consent, in writing for the contemplated
				surgical procedure, except in emergencies.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 12 - REQUIREMENTS FOR ACUTE CARE, LIMITED SERVICES AND SPECIAL HOSPITALS › Section 8.370.12.35 - REHABILITATION SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Organization:
(1) A hospital may
				have either inclusive rehabilitation services or separate services for physical
				therapy, occupational therapy, speech language pathology, recreational therapy
				or audiology.
(2) Rehabilitation
				services shall have written policies and procedures governing the management
				and care of patients.
(3) The
				services provided on each service shall be given by or provided under the
				supervision of a qualified professional therapist.
(4) Facility space and equipment for
				rehabilitation services shall be adequate to meet the needs of patients
				receiving care.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 12 - REQUIREMENTS FOR ACUTE CARE, LIMITED SERVICES AND SPECIAL HOSPITALS › Section 8.370.12.36 - RESPIRATORY CARE SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Direction:
If respiratory care services are offered by the
				hospital, the service shall be under the medical direction of a qualified
				physician.
B.
Policies and
				procedures.
Respiratory care services shall be provided in accordance
				with written policies and procedures that shall be approved by the medical
				staff. The policies and procedures shall address at a minimum:
(1) assembly and operation of mechanical aids
				to ventilation;
(2) management of
				adverse reactions to respiratory care services;
(3) administration of medications in
				accordance with physicians' orders;
(4) personnel who may perform specific
				procedures, under what circumstances and under what degree of supervision;
				and
(5) procurement, handling,
				storage and dispensing of therapeutic gases.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 12 - REQUIREMENTS FOR ACUTE CARE, LIMITED SERVICES AND SPECIAL HOSPITALS › Section 8.370.12.37 - OUTPATIENT SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Medical direction:
If outpatient services are offered by the
				hospital, the services shall be under the direction of a qualified member of
				the medical staff.
B.
Administration:
(1) The
				outpatient service shall be organized into sections or clinics, the number of
				which shall depend on the size and the degree of departmentalization of the
				medical staff, the available facilities and the needs of the patients for whom
				it accepts responsibility.
(2)
				Outpatient clinics shall be coordinated with corresponding inpatient
				services.
(3) On their initial
				visit to the service, patients shall receive an appropriate health assessment
				with follow-up as indicated.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 12 - REQUIREMENTS FOR ACUTE CARE, LIMITED SERVICES AND SPECIAL HOSPITALS › Section 8.370.12.39 - SOCIAL WORK SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Organized service.
If the healthcare system provides social work
				services there should be corresponding written policies and procedures
				governing the scope and provision of services. If the system does not have
				employed providers for social work services, then they must be obtained via
				consultation with outside sources.
B.
Personnel.
(1) Direction: Social work services shall be
				directed by personnel who have:
(a) a
				master's degree in social work from a graduate school of social work accredited
				by the council on social work education, and has one year of social work
				experience in a health care setting; or
(b) a bachelor's degree in social work,
				sociology or psychology; meets the national association of social workers
				standards of membership; and has one year of social work experience in a health
				care setting.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 12 - REQUIREMENTS FOR ACUTE CARE, LIMITED SERVICES AND SPECIAL HOSPITALS › Section 8.370.12.40 - ADDITIONAL REQUIREMENTS FOR PSYCHIATRIC HOSPITALS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Additional medical record
				requirements:
The medical records maintained by a psychiatric hospital
				shall document the degree and intensity of the treatment provided to
				individuals who are furnished services by the facility. A patient's medical
				record shall contain:
(1) identification
				data, including the patient's legal status;
(2) the reason for treatment or chief
				complaint in the words of the patient, when possible, as well as observations
				or concerns expressed by others;
(3) the psychiatric evaluation, including
				medical history containing a record of mental status and noting the onset of
				illness, the circumstances leading to admission, attitudes, behavior, estimate
				of intellectual functions, memory functioning, orientation and an inventory of
				the patient's personality assets recorded in descriptive fashion;
(4) social services records, including
				reports of interviews with patients, family members and others and an
				assessment of home plans, family attitudes and community resource contacts as
				well as social history;
(5) a
				comprehensive treatment plan based on an inventory of the patient's strengths
				and disabilities, which shall include:
(a) at
				least one diagnosis;
(b) short-term
				and long-range goals;
(c) the
				specific treatment modalities used; and
(d) the responsibilities of each member of
				the treatment team.
(6)
				staff shall plan, implement and revise, as indicated, a written, individualized
				treatment program for each patient based on:
(a) the degree of psychological impairment
				and appropriate measures to be taken to relieve treatable distress and to
				compensate for nonreversible impairments;
(b) the patient's capacity for social
				interaction;
(c) environmental and
				physical limitations such as seclusion room or restraints, required to
				safeguard the individual's health and safety with an appropriate plan of care;
				and
(d) the individual's potential
				for discharge and successful care management on an outpatient basis.
(7) the documentation of all
				active therapeutic efforts and interventions;
(8) progress notes related to treatment needs
				and the treatment plan are reviewed, revised and recorded at least weekly as
				the status of the patient requires by the physician, nurse, social worker and
				staff from other appropriate disciplines involved in active treatment
				modalities, as indicated by the patient's condition; and
(9) discharge information, including:
(a) recommendations from appropriate services
				concerning follow-up care; and
(b)
				at least one diagnosis.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 12 - REQUIREMENTS FOR ACUTE CARE, LIMITED SERVICES AND SPECIAL HOSPITALS › Section 8.370.12.41 - PHYSICAL ENVIRONMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
General:
The buildings of the hospital shall be constructed and
				maintained so that they are functional for diagnosis and treatment and for the
				delivery of the hospital services appropriate to the needs of the community and
				with due regard for protecting the life, health and safety of the patients and
				staff. The provisions of this section apply to all new, remodeled and existing
				construction unless otherwise noted.
B.
Definitions
in 8.370.12.41
				NMAC.
(1) "Building, existing" means a
				building erected prior to the adoption of this requirement, or one for which a
				legal building permit has been issued.
(2) "Existing construction" means a building,
				which is in place or is being constructed with plans approved by the authority
				prior to the effective date of this chapter.
(3) "Full-term nursery" means an area in the
				hospital designated for the care of infants who are born following a full-term
				pregnancy and without complications, until discharged to a parent or other
				legally authorized person.
(4)
				"Intermediate nursery" means an area in the hospital designated for the care of
				infants immediately following birth who require observation due to
				complications, and for the care of infants who require observation following
				placement in the critical care nursery, until discharged to a parent or other
				legally authorized person.
(5)
				"Life safety code" means the standard adopted by the national fire protection
				association (NFPA) known as NFPA 101 life safety code.
(6) "New construction" means construction for
				the first time of any building or addition or remodeling to an existing
				building, the plans for which are approved after the effective date of this
				chapter.
(7) "Remodeling" means to
				make over or rebuild any portion of an existing building or structure and
				thereby modify its structure, structural strength, fire hazard character,
				exits, heating and ventilation systems, electrical system or internal
				circulation, as previously approved by the authority. Where exterior walls are
				in place but interior walls are not in place at the time of the effective date
				of this chapter, construction of interior walls shall be considered remodeling.
				"Remodeling" does not include repairs necessary for the maintenance of a
				building or structure.
(8) "Special
				care unit" means an organized health care service that combines specialized
				facilities and staff for the intensive care and management of patients in a
				crisis or potential crisis state. "Special care units" include psychiatric
				special care, coronary care, surgical intensive care, medical intensive care
				and burn units, but do not include post-obstetrical or post-surgical recovery
				units or neonatal intensive care units.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 12 - REQUIREMENTS FOR ACUTE CARE, LIMITED SERVICES AND SPECIAL HOSPITALS › Section 8.370.12.42 - OTHER REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Anatomical Gifts
: The hospital will adopt and implement organ and
				tissue donation policies and procedures to assist the medical, surgical and
				nursing staff in identifying and evaluating potential organ or tissue donors.
(1) Organ bank: Means a facility certified by
				CMS for storage of human body parts.
(2) Decedent: Means a deceased individual who
				made a gift of all or part of his body.
(3) Donor: Means an individual who makes a
				gift of all or part of his body.
(4) Eye bank: Means any non-profit agency
				which is organized to procure eye tissue for the purpose of transplantation or
				research and which meets the medical standards set by the eye bank association
				of America.
(5) Organ procurement
				agency: Means any non-profit agency designated by the health care financing
				administration to procure and place human organs and tissues for
				transplantation, therapy, or research.
(6) Part: Includes organs, tissues, eyes,
				bones, arteries, blood, other fluids and other portions of human
				body.
(7) Person: Means an
				individual, corporation, government or governmental subdivision or agency,
				business trust, estate, trust, partnership or association or any other legal
				entity.
(8) State: Includes any
				state, district, commonwealth territory, insular possession and any other area
				subject to the legislative authority of the United States of America.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 12 - REQUIREMENTS FOR ACUTE CARE, LIMITED SERVICES AND SPECIAL HOSPITALS › Section 8.370.12.43 - RELATED REGULATIONS AND CODES

Current through Register Vol. 35, No. 13, July 16, 2024
Hospitals subject to these requirements are also subject to
				  other regulations, codes and standards as the same may from time to time be
				  amended as follows:
A. Health facility
				licensure fees and procedures, New Mexico health care authority, 8.370.3
				NMAC.
B. Health facility sanctions
				and civil monetary penalties, 8.370.4 NMAC.
C. Adjudicatory hearings, New Mexico health
				care authority, 8.370.2 NMAC.
D.
				Building, fire, electrical, plumbing and mechanical codes; the most current
				edition, adaptation by the state of New Mexico.
E. The current edition of the AIA
guidelines for construction and design of hospitals and healthcare
				facilities
, adopted in the state of New Mexico.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 13 - REQUIREMENTS FOR RURAL EMERGENCY HOSPITALS › Section 8.370.13.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
These requirements apply to private and public hospitals that
				  as of December 27, 2020 was designated as a critical access hospital (CAH) by
				  the centers for medicare and medicaid services (CMS), or was licensed as a
				  hospital with not more than 50 licensed beds and located in a county in a rural
				  area as defined in Section 1886(d) (2)(D) or Section 1886 (d)(8)(E) of the
				  federal Social Security Act, and provides rural emergency hospital (REH)
				  services in the facility 24 hours per day seven days a week by a physician,
				  nurse practitioner, clinical nurse specialist or physician assistant with a
				  transfer agreement in effect with a level I or II trauma center, which does not
				  have an annual average patient length of stay over 24 hours and satisfies all
				  CMS requirements for reimbursement as a rural emergency hospital (REH).
				  Facilities that were enrolled as CAHs or rural hospitals with not more than 50
				  beds as of December 27, 2020, and then subsequently closed after that date,
				  would also be eligible to seek REH designation if they reenroll in medicare and
				  meet all the conditions of participation (COP) and requirements for
				  REH.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 13 - REQUIREMENTS FOR RURAL EMERGENCY HOSPITALS › Section 8.370.13.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The requirements set forth herein are promulgated by the
				  secretary of the health care authority pursuant to the authority granted under
				  Subsection E of Section 9-8-6 NMSA 1978, Subsection D of Section 24-1-2,
				  Subsection J of Section 24-13 NMSA, and Section 24-1-5 NMSA of the Public
				  Health Act as amended, and S.B. 245, 56th Leg., 1st Sess. (N.M.2023). 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 13 - REQUIREMENTS FOR RURAL EMERGENCY HOSPITALS › Section 8.370.13.5 - 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 13 - REQUIREMENTS FOR RURAL EMERGENCY HOSPITALS › Section 8.370.13.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
Establish standards for licensing REHs in order to ensure the
				  provision of emergency department services, observation care, and additional
				  outpatient medical and health services, if elected by the REH, that promote
				  equity in health care for those living in rural communities by facilitating
				  access to needed services.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 13 - REQUIREMENTS FOR RURAL EMERGENCY HOSPITALS › Section 8.370.13.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Definitions beginning with "A":
(1)
"Action plan"
means the
				eligible facility's plan for conversion to an REH and the initiation of REH
				specific services including the provision of emergency department services,
				observation care and other medical and health services elected by the REH,
				submitted to the authority for recommended approval or denial pursuant to CMS
				COPs.
(2)
"Amended
				license"
means a change of administrator, name, location, capacity,
				classification of any units as listed in these requirements requires a new
				license:
(a) the application shall be on a
				form provided by the licensing authority;
(b) the application shall be accompanied by
				the required fee for an amended license; and
(c) the application shall be submitted at
				least 10 working days prior to the change.
(3)
"Annual license"
means a
				license issued for a one-year period to a hospital that has met all license
				prior to the initial state licensing survey, or when the licensing authority
				finds partial compliance with these requirements.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 13 - REQUIREMENTS FOR RURAL EMERGENCY HOSPITALS › Section 8.370.13.8 - GENERAL REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Eligibility:
The following facilities that were enrolled and
				certified to participate in Medicare as of December 27, 2020 are eligible to be
				an REH:
(1) CAHs;
(2) A subsection (d) hospital (as defined in
				section 1886(d)(1)(B) of the Social Security Act (the Act) with not more than
				50 beds located in a county (or equivalent unit of local government) in a rural
				area (as defined in section 1886(d)(2)(D) of the Act) (referred to as rural
				hospital);
(3) A subsection (d)
				hospital (as so defined) with not more than 50 beds that was treated as being
				located in a rural area pursuant to section 1886(d)(8)(E) of the Act (referred
				to as rural hospital);
(4)
				Facilities that were enrolled as CAHs or rural hospitals with not more than 50
				beds as of December 27, 2020 and then subsequently closed after that date,
				would also be eligible to seek REH designation if they re-enroll in Medicare
				and meet all the COPs and requirements for REHs.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 13 - REQUIREMENTS FOR RURAL EMERGENCY HOSPITALS › Section 8.370.13.9 - LICENSE RENEWAL

Current through Register Vol. 35, No. 13, July 16, 2024
A. The licensee
				must submit a renewal application on forms provided by the licensing authority,
				along with the required fee prior to the expiration of the current
				license.
B. Upon receipt of the
				renewal application and the required fee prior to expiration of current
				license, 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 requirements.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 13 - REQUIREMENTS FOR RURAL EMERGENCY HOSPITALS › Section 8.370.13.10 - POSTING

Current through Register Vol. 35, No. 13, July 16, 2024
The license, or a copy thereof, shall be conspicuously posted
				  in a location accessible to public view within the hospital.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 13 - REQUIREMENTS FOR RURAL EMERGENCY HOSPITALS › Section 8.370.13.11 - NON-TRANSFERABLE REGISTRATION OF LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
A license shall not be transferred by assignment or otherwise
				  to other persons or locations. The license shall be void and must be returned
				  to the licensing authority when any one of the following situations
				  occur:
A. ownership of the hospital
				changes;
B. the facility changes
				location;
C. the licensee of the
				hospital changes; or
D. the
				hospital discontinues operation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 13 - REQUIREMENTS FOR RURAL EMERGENCY HOSPITALS › Section 8.370.13.12 - EXPIRATION OF LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
A license will expire at midnight on the day indicated on the
				  license as the expiration date, unless sooner renewed, suspended, or revoked,
				  or:
A. on the day a facility
				discontinues operation; or
B. on
				the day a facility is sold, leased, otherwise changes ownership or licensee;
				or
C. on the day a facility changes
				location.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 13 - REQUIREMENTS FOR RURAL EMERGENCY HOSPITALS › Section 8.370.13.13 - SUSPENSION OF LICENSE WITHOUT PRIOR HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
In accordance with Subsection H of Section 24-1-5 NMSA 1978,
				  if the licensing authority determines immediate action is required to protect
				  human health and safety, the licensing authority may suspend a license. A
				  hearing must be held in accordance with the regulations governing adjudicatory
				  hearings, New Mexico health care authority, 8.370.2 NMAC.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 13 - REQUIREMENTS FOR RURAL EMERGENCY HOSPITALS › Section 8.370.13.14 - GROUNDS FOR REVOCATION OR SUSPENSION OF LICENSE, DENIAL OF INITIAL OR RENEWAL APPLICATION FOR LICENSE, OR IMPOSITION OF INTERMEDIATE SANCTIONS OR CIVIL MONETARY PENALTIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				license may be denied, revoked or suspended, or intermediate sanctions or civil
				monetary penalties may be imposed after notice and opportunity for a hearing
				for any of the following reasons:
(1) failure
				to comply with any provisions of these requirements;
(2) failure to allow survey by authorized
				representatives of the licensing authority;
(3) permitting any person while active in the
				operation of a facility licensed pursuant to these requirements to be impaired
				by the use of prescribed or non-prescribed drugs, including alcohol;
(4) misrepresentation or falsification of any
				information provided to the licensing authority;
(5) the discovery of repeat violations of
				these requirements during surveys; or
(6) the failure to provide the required care
				and services as outlined by these requirements.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 13 - REQUIREMENTS FOR RURAL EMERGENCY HOSPITALS › Section 8.370.13.15 - HEARING PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. An
				applicant or licensee subject to an adverse action may request an
				administrative appeal.
B. Hearing
				procedures for an administrative appeal of an adverse action taken by the
				licensing authority against the hospital as outlined in Section 14 and 15 above
				will be held in accordance with adjudicatory hearings, New Mexico health care
				authority, 8.370.2 NMAC.
C. A copy
				of the adjudicatory hearing procedures will be furnished to the hospital at the
				time an adverse action is taken against the licensee by the licensing
				authority. A copy may be requested at any time by contacting the licensing
				authority.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 13 - REQUIREMENTS FOR RURAL EMERGENCY HOSPITALS › Section 8.370.13.16 - WAIVERS AND VARIANCES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Applications: All applications for the grant of a waiver or variance shall be
				made in writing to the licensing authority, specifying the following:
(1) the rule, regulation, or code from which
				the waiver or variance is requested;
(2) the time period for which the waiver or
				variance is requested;
(3) if the
				request is for a variance, the specific alternative action which the facility
				proposes;
(4) the reasons for
				request; and
(5) an explanation of
				why the health, safety, and welfare of the residents or staff are not
				endangered by the condition.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 13 - REQUIREMENTS FOR RURAL EMERGENCY HOSPITALS › Section 8.370.13.17 - COMPLIANCE WITH EXISTING REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
An REH shall comply with the following:
A. 42 CFR Part 485, Subpart E (relating to
				conditions of participation: Rural Emergency Hospitals (REHs));
B. In addition to the conditions of
				participation at 42 CFR Part 485, Subpart E, the hospital shall comply with
				8.370.12 NMAC to the extent it does not conflict with the conditions of
				participation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 13 - REQUIREMENTS FOR RURAL EMERGENCY HOSPITALS › Section 8.370.13.18 - INCORPORATED AND RELATED CODES

Current through Register Vol. 35, No. 13, July 16, 2024
The facilities that are subject to this rule are also
				  subject to other rules, codes and standards that may, from time to time, be
				  amended. This includes but not limited to the following:
A. Health facility licensure fees and
				procedures, health care authority, 8.370.3 NMAC.
B. Health facility sanctions and civil
				monetary penalties, health care authority, 8.370.4 NMAC.
C. Adjudicatory hearings for licensed
				facilities, health care authority, 8.370.2 NMAC.
D. Caregiver's criminal history screening
				requirements, 8.370.5 NMAC.
E.
				Employee abuse registry, 8.370.8 NMAC.
F. Incident reporting, intake processing and
				training requirements, 8.370.9 NMAC.
G. New Mexico Administrative Code, Title 14
				Housing and Construction, chapters 5 through 12.
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 8.370.14.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to all assisted living facilities, any
				  facility which is operated for the maintenance or care of two or more adults
				  who need or desire assistance with one or more activities of daily living. This
				  rule does not apply to the residence of an individual who maintains or cares
				  for a maximum of two relatives.
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 8.370.14.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The requirements forth herein are promulgated by the
				  secretary of the health care authority by authority of Subsection E of Section
				  9-8-6 NMSA 1978, and Sections 24-1-2, 24-1-3, 24-1-5 and 24-1-5.2 of the Public
				  Health Act, NMSA 1978, 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 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 14 - ASSISTED LIVING FACILITIES FOR ADULTS › Section 8.370.14.5 - 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 14 - ASSISTED LIVING FACILITIES FOR ADULTS › Section 8.370.14.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Establish
				standards for licensing assisted living facilities in order to ensure that
				residents receive appropriate care and services, and regulate to ensure that
				the health, safety, and welfare of individuals residing and working in such
				facilities are protected.
B.
				Establish requirements for the construction, maintenance and operation of
				licensed assisted living facilities that will provide a safe, humane and
				homelike environment for adults who need assistance or supervision with
				activities of daily living but who do not need acute care, continuous nursing
				care, skilled nursing care or care in an intermediate care facility for the
				mentally retarded.
C. Regulate
				facilities in providing care for residents and utilizing available supportive
				services in the community to meet the needs of the residents.
D. Ensure facility compliance with these
				rules through established protocols to identify circumstances which could be
				harmful or dangerous to the health, safety, or welfare of the
				resident.
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 8.370.14.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Abuse"
means the willful infliction of injury, unreasonable
				confinement, intimidation, or punishment with resulting physical harm, pain or
				mental anguish and is defined in the incident reporting intake, processing
				& training requirements, 8.370.9 NMAC.
B.
"Activities of daily living"
				(ADLs)
means the personal functional activities required by a resident
				for continued well-being, which include, but are not limited to:
(1) eating;
(2) dressing;
(3) oral hygiene;
(4) bathing;
(5) grooming;
(6) mobility; and
(7) 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 8.370.14.9 - WAIVERS AND VARIANCES

Current through Register Vol. 35, No. 13, July 16, 2024
The licensing authority may vary or waive certain licensure
				  requirements for facilities, provided that it would not adversely affect the
				  health, safety or welfare of the residents or staff.
A. Requests for a variance or waiver may be
				made at any time, shall be made in writing to the licensing authority and shall
				specify the following:
(1) the section of the
				rule for which the variance or wavier is requested;
(2) the time period for which the waiver is
				requested;
(3) if the request is
				for a variance; the specific alternative action that the facility
				proposes;
(4) the reason(s) for the
				request and an explanation of why and how the health, safety and welfare of the
				residents or staff are not endangered by the requested variance or waiver;
				and
(5) justification that the goal
				or purpose of the rule would be satisfied.
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 8.370.14.10 - AUTOMATIC EXPIRATION OF A LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
A license shall automatically expire:
A. at midnight on the day indicated as the
				expiration date on the license;
B.
				when the operation of a facility is discontinued;
C. when a facility is sold or leased or the
				licensee changes; or
D. when there
				is a change of location for a 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 8.370.14.11 - SURVEY OR MONITORING VISITS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				The licensing authority shall perform on-site survey or monitoring visits at
				all assisted living facilities to determine compliance with this
				rule.
B. The facility shall provide
				the licensing authority full access to all facility operations, buildings and
				information related to the operation of the facility.
C. The most recent survey inspection reports
				and related correspondence shall be posted in a conspicuous public place in the
				facility.
D. Failure by the
				facility to provide the licensing authority access to the premises or
				information, including resident records, may result in the imposition of
				sanctions including but not limited to civil monetary penalties, license
				revocation or an order to cease and desist, as deemed appropriate by the
				licensing authority.
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 8.370.14.12 - CORRECTIVE ACTION

Current through Register Vol. 35, No. 13, July 16, 2024
If violations of this rule are cited, the facility will be
				  provided with an official statement of deficiencies within 10 business days
				  following the survey.
A.
Informal dispute review (IDR).
The facility may request an
				informal review of survey deficiencies by providing a written request to the
				licensing authority within 10 calendar days of receipt of the written survey
				findings. With the request, the facility shall include information or evidence
				that justifies the disagreement with a cited deficiency.
(1) The licensing authority will review the
				submitted information and make a determination.
(2) If the deficiency is removed, a new
				statement of deficiencies will be issued to the facility.
(3) The facility shall provide a new plan of
				correction for all remaining deficiencies upon receipt of the new statement of
				deficiencies.
(4) A copy of the
				"IDR operating rules" is available upon request.
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 8.370.14.13 - GROUNDS FOR REVOCATION, SUSPENSION OR DENIAL OF INITIAL OR RENEWAL OF LICENSE, OR THE IMPOSITION OF SANCTIONS OR CIVIL MONETARY PENALTIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. When the
				licensing authority determines that an application for the renewal of a license
				will be denied or that a license will be revoked, the licensing authority shall
				provide written notification to the facility, the residents and the surrogate
				decision makers for the residents.
B. After notice to the facility and an
				opportunity for a hearing, the authority may deny an initial or renewal
				application, revoke or suspend the license of a facility or may impose an
				intermediate sanction and a civil monetary penalty as provided in accordance
				with the Public Health Act, Section 24-1-5.2 NMSA 1978.
C. Grounds for implementing these penalties
				may be based on the following:
(1) failure to
				comply with any provision of this rule;
(2) failure to allow a survey by authorized
				representatives of the licensing authority;
(3) the hiring or retaining of any staff or
				permitting any private duty attendant or volunteer to work with residents that
				has a disqualifying conviction under the requirements of the caregiver's
				criminal history screening program, 8.370.5 NMAC;
(4) the misrepresentation or falsification of
				any information on the application forms or other documents provided to the
				licensing authority;
(5) repeat
				violations of this rule;
(6)
				failure to maintain or provide services as required by this rule;
(7) exceeding licensed capacity;
(8) failure to provide an acceptable plan of
				correction within the time period established by the licensing
				authority;
(9) failure to correct
				deficiencies within the time period established by the licensing
				authority;
(10) failure to comply
				with the incident reporting requirements pursuant to incident reporting, intake
				processing and training requirements, 8.370.9 NMAC; and
(11) failure to pay civil monetary penalties
				pursuant to health facility sanctions and civil monetary penalties, 8.370.4
				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 8.370.14.14 - HEARING PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Hearing
				procedures for an adverse action taken against a facility by the authority will
				be conducted in accordance with adjudicatory hearings for licensed facilities,
				8.370.2 NMAC.
B. The facility will
				receive a copy of the hearing procedures at the time that an adverse action is
				taken or may request a copy by contacting the licensing authority.
C. If immediate action is required to protect
				human health and safety, the licensing authority may suspend a license or
				impose an intermediate sanction pending a hearing, provided that the hearing is
				held within five working days of the suspension or the sanction, unless waived
				by the facility, in accordance with the Public Health Act, Subsection H of
				Section 24-1-5 NMSA.
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 8.370.14.15 - APPEALS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A licensee that
				is subject to an adverse action may request an administrative appeal. Hearing
				procedures for an administrative appeal of an adverse action taken by the
				licensing authority against the facility is in accordance with adjudicatory
				hearings for licensed facilities, 8.370.2 NMAC.
B. A copy of the adjudicatory hearing
				procedures will be forwarded to the facility when an adverse action is taken
				against the licensee by the licensing authority.
C. All notices, orders or decisions which the
				licensing authority issues to a facility prior to a transfer of ownership shall
				be in effect against both the former owner and the new owner, unless the
				transfer of penalties to the new owner is rescinded in writing by the
				authority.