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 8.370.14.8 - GENERAL LICENSING REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Licensure is required.
No
				person or entity shall establish, maintain or operate an assisted living
				facility without first obtaining a license.
B.
Application for licensure.
An
				initial or renewal application shall be made on the forms prescribed by and
				available from the licensing authority. The issuance of an application form is
				not a guarantee that the completed application will be accepted, or that the
				authority will issue a license. Information provided by the facility and used
				by the licensing authority for the licensing process shall be accurate and
				truthful. The licensing authority will not issue a new license if the applicant
				has had a health facility license revoked or renewal denied or has surrendered
				a license under threat of revocation or denial of renewal. The licensing
				authority may not issue a new license if the applicant has been cited
				repeatedly for violations of applicable rules found to be class A or class B
				deficiencies as defined in health facility sanctions and civil monetary
				penalties, 8.370.4 NMAC or has been non-compliant with plans of correction. The
				licensing authority will not issue a license until the applicant has supplied
				all of the information that is required by this rule. Any facility that fails
				to participate in good faith by falsifying information presented in the
				licensing process shall be denied licensure by the authority. The following
				information shall be submitted to the licensing authority for approval:
(1) a letter of intent that includes the
				proposed physical address, the primary population of the facility and a summary
				of the proposed services; after the letter of intent has been received, an
				application packet including; the application form, fee schedule and the
				licensing rule will be issued to the applicant by the licensing
				authority;
(2) the completed and
				notarized application and the appropriate non-refundable fee(s);
(3) a program narrative identifying and
				detailing the geographic service area, the primary population including any
				special needs requirements, along with a full description of the services that
				the applicant proposes to provide including:
(a) a description of the characteristics of
				the proposed population of the facility;
(b) a description of the services and care
				that will be provided to the residents;
(c) a description of the anticipated
				professional services to be offered to the residents; and
(d) a description of the facility's
				relationship to other services and related programs in the service area and how
				the applicant will collaborate with them to achieve a system of care for the
				residents.
(4) policies
				and procedures annotated to this rule;
(5) evidence to establish that the applicant
				has sufficient financial assets to permit operation of the facility for a
				period of six months; the evidence shall include a credit report from one of
				the three recognized credit bureaus with a minimum credit score of 650 or
				above;
(6) copies of organizational
				documents to include the following list of items:
(a) the names of all persons or business
				entities that have at least five percent ownership interest in the facility,
				whether direct or indirect and whether in profits, land or building; this
				includes the owners of any business entity which owns all or part of the land
				or building;
(b) the identities of
				all creditors that hold a security interest in the premises, whether land or
				building;
(c) any changes in
				ownership or management shall be reported to the authority within thirty (30)
				days;
(7) building plans
				as required at 8.370.14.41 NMAC of this rule;
(8) fire authority approval as required at
				8.370.14.60 NMAC of this rule;
(9)
				a letter of approval or exemption from the local health authority having
				jurisdiction for the food service and the kitchen facility;
(10) a copy of liquid waste disposal and
				treatment system permit from local health authority having
				jurisdiction;
(11) approval from
				local zoning authority;
(12)
				building approval (certificate of occupancy); and
(13) any other information that the applicant
				wishes to provide or that the licensing authority may request.