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 20 - REQUIREMENTS FOR ADULT DAY CARE FACILITIES › Section 8.370.20.59 - STAFFING REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				General:
(1) Staff/ participant ratios must
				be maintained at all times.
(2) The
				responsibility of staff members included in the staff/participant ratio shall
				be direct care of the participants.
(3) Each facility must keep a list on file of
				two readily available persons who can be called to the facility to substitute
				for any staff member in case of an emergency or illness. These persons names
				telephone numbers, and health certificates must be on file.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 20 - REQUIREMENTS FOR ADULT DAY CARE FACILITIES › Section 8.370.20.60 - GENERAL

Current through Register Vol. 35, No. 13, July 16, 2024
A. The health,
				safety, and welfare of the participants must be the primary concern in all
				activities and services provided by facilities licensed pursuant to these
				regulations.
B. Participants must
				never be left unattended. Staff members must be physically present with the
				participants at all times.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 20 - REQUIREMENTS FOR ADULT DAY CARE FACILITIES › Section 8.370.20.61 - CARE AND SERVICES FOR ADULTS WITH SPECIAL NEEDS

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to all other requirements contained in these
				  regulations, facilities providing care and services to adults with special
				  needs including respite care, must comply with the following:
A. Facilities which are able to appropriately
				mainstream special needs adults may do so at their own discretion.
B. An adult with a severe diagnosed mental or
				physical handicap may be admitted to a facility upon the written recommendation
				of a licensed physician or therapist.
C. The facility must make appropriate
				provisions to meet the needs of adults who require special services such as
				additional space, wide doors, halls, ramps and specially equipped toilet
				rooms.
D. The licensing authority
				may require higher staff/ adult ratios and staff qualifications to properly
				care for the adults with special needs, if deemed necessary.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 20 - REQUIREMENTS FOR ADULT DAY CARE FACILITIES › Section 8.370.20.62 - ACTIVITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Adult day care
				activities shall be designed to meet the specific needs and interests of the
				participants, as determined by individual plans of care, and shall be
				consistent with the program's goals.
B. Activities shall be planned by staff,
				participants, family/ caregivers, volunteers and other interested individuals
				and groups.
C. The day care center
				shall assure safe and healthy conditions for activities in and outside the
				facility.
D. The plan for, and
				conduct of, activities must be an ongoing process and shall be reviewed,
				revised and evaluated as necessary.
E. The adult day care program shall provide
				for a balance of activities to meet the interrelated needs and interest
				(social, intellectual, cultural, economic, emotional and physical) of
				participants.
F. Activities shall
				be designed to promote personal growth and improve the self-image of
				participants by providing opportunities to:
(1) learn new skills and gain
				knowledge;
(2) challenge and tap
				the potential of participants;
(3)
				participate in activities of interest;
(4) improve capacity for independent
				functioning;
(5) develop satisfying
				and interpersonal relationships;
(6) be exposed to, and involved in,
				activities and events within the greater community;
(7) develop cultural enrichment;
(8) have fun and enjoyment.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 20 - REQUIREMENTS FOR ADULT DAY CARE FACILITIES › Section 8.370.20.63 - SCHEDULE

Current through Register Vol. 35, No. 13, July 16, 2024
A. A monthly
				calendar of activities shall be prepared and distributed to participants and
				family/ caregivers.
B. Daily
				activities (and services) shall be posted in a visible location within the
				center.
C. The participant and
				family caregivers shall be encouraged to evaluate activities and plan future
				activities on a six month basis.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 20 - REQUIREMENTS FOR ADULT DAY CARE FACILITIES › Section 8.370.20.64 - EQUIPMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each facility
				shall have a living or multi-purpose room for the use of participants. Such
				rooms shall be provided with reading lamps, tables, chairs, and couches. These
				furnishings shall be well constructed, comfortable, and in good
				repair.
B. The living room or
				multi-purpose rooms shall be provided with supplies to meet the varied
				interests and needs of the participants, including, but not limited to games,
				current magazines, books, radio and television.
C. The interest areas shall be arranged so
				that quiet and noisy activities can occur concurrently without disturbing each
				other.
D. Equipment, furniture and
				materials shall be kept in good condition and present no safety
				hazards.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 20 - REQUIREMENTS FOR ADULT DAY CARE FACILITIES › Section 8.370.20.65 - LINENS

Current through Register Vol. 35, No. 13, July 16, 2024
Linens and bedding shall be kept clean at all times.
A. There shall be separate handling and
				storage of clean and soiled linens.
B. Clean linen shall be stored in clean
				storage area.
C. Linens shall be
				laundered and disinfected prior to reuse by another participant.
D. Any linen which has been used by a sick
				participant, or which has been dirtied by urine or defecation shall be
				collected, laundered and disinfected separately from other items.
E. New linens must be laundered before
				use.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 20 - REQUIREMENTS FOR ADULT DAY CARE FACILITIES › Section 8.370.20.66 - FIRST AID REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
At all times there shall be one staff member on duty who
				  holds current first aid certificate and has completed an approved
				  cardiopulmonary resuscitation course.
A. A first-aid, accessible to all personnel,
				shall be kept in the facility.
B.
				The first aid kit shall contain as a minimum: band aids, gauze pads, adhesive
				tape, scissors, soap, and syrup of ipecac.
C. In case of accidental poisoning, the
				facility shall immediately contact the poison control center and their
				directions shall be followed.
D.
				Syrup of Ipecac must not be given to any participant without first contacting
				the poison control center.
E. All
				facilities are strongly encouraged to send all of their personnel to an
				approved cardiopulmonary resuscitation course.
F. All facilities shall have a first aid
				manual available to the staff or caregivers.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 20 - REQUIREMENTS FOR ADULT DAY CARE FACILITIES › Section 8.370.20.67 - PETS

Current through Register Vol. 35, No. 13, July 16, 2024
The facility shall inform participants and guardians of the
				  presence of pets in the facility.
A.
				There shall be no pets in the kitchen or food serving areas.
B. Pets shall be inoculated as prescribed by
				a veterinarian.
C. Proof of
				inoculation shall be kept on file in the facility.
D. Pets must be kept well groomed and
				healthy.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 20 - REQUIREMENTS FOR ADULT DAY CARE FACILITIES › Section 8.370.20.68 - FOOD SERVICE AND PREPARATION

Current through Register Vol. 35, No. 13, July 16, 2024
Each facility that serves meals shall meet all state and
				  local regulations governing food services establishments.
Exception:
				  Adult day care homes
.
A. There
				shall be no smoking in food service and food preparation areas.
B. Refrigerators, work tables, cupboards, and
				stoves shall be maintained in clean condition.
C. All food and drink shall be protected from
				spoiling by proper storage and by putting it in airtight containers or wrapping
				it.
D. All raw fruits and
				vegetables shall be washed thoroughly before being cooked or served.
E. All foods shall be protected from insects,
				rodents and other vermin.
F. Foods
				shall be served promptly and refrigerated immediately after use.
G. Utensils that can be re-used shall be
				washed and sanitized.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 20 - REQUIREMENTS FOR ADULT DAY CARE FACILITIES › Section 8.370.20.69 - KITCHENS

Current through Register Vol. 35, No. 13, July 16, 2024
A. There shall be
				no through traffic in the kitchen during food preparation or service.
				Exception: Adult day care homes.
B.
				Facilities may allow participants to prepare food as a program activity under
				careful supervision.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 20 - REQUIREMENTS FOR ADULT DAY CARE FACILITIES › Section 8.370.20.70 - FOOD PREPARATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Outer
				clothing of persons preparing or serving food shall be maintained with the
				highest degree of cleanliness.
B.
				When staff members are involved in food preparation or service, these persons
				shall thoroughly scrub their hands and wear clean fresh outer clothing before
				preparing or serving formula or food.
C. In facilities not under the jurisdiction
				of the New Mexico environment department, only snacks which require no cooking
				shall be served. Exception: Adult day care homes.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 20 - REQUIREMENTS FOR ADULT DAY CARE FACILITIES › Section 8.370.20.71 - FOOD TEMPERATURE REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. All perishable food shall, except when
				being prepared, be kept at 45 degrees farenheit or below, or 140 degrees
				farenheit or above.
B. Foods
				requiring refrigeration shall be kept at 45 degrees farenheit or below. Frozen
				foods shall be kept at zero degrees farenheit or below.
C. Refrigerators and separate freezers shall
				have thermometers. Metal stem thermometers shall be available to measure proper
				internal cooking and holding temperatures.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 20 - REQUIREMENTS FOR ADULT DAY CARE FACILITIES › Section 8.370.20.72 - MENUS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The same menu
				must not be served twice in one week.
B. A copy of the current week's menu,
				including snacks, shall be posted in the kitchen and the entrance of the
				facility where it can be readily seen.
C. Posted menus shall be followed.
				Substitutions shall be of equivalent nutritional value and shall be recorded on
				the posted menu.
D. The weekly menu
				plans must be dated and kept on file for 30 days.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 20 - REQUIREMENTS FOR ADULT DAY CARE FACILITIES › Section 8.370.20.73 - MEAL TIMES AND NUTRITION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Staff/participant ratios must be maintained at meal times.
B. Time allowed for meals shall enable the
				participants to eat at a leisurely rate.
C. Meals may be served in areas of main
				activity.
D. Dining areas shall be
				equipped with tables, chairs, eating utensils and dishes.
E. Nutrition:
(1) A meal shall be provided to each
				participant in attendance at the program during standard mealtimes. Each meal
				shall provide at lease one-third of an adult's daily nutritional
				requirement.
(2) A nutritious
				mid-morning and mid-afternoon snack shall be offered daily to participants.
				Snacks shall be planned to keep sugar, salt and cholesterol intake to a
				minimum.
(3) Participants shall not
				go for more than three hours without being offered a meal or a snack.
(4) A therapeutic diet shall be provided, if
				prescribed in writing by a physician, for any participant. If therapeutic diets
				are prepared by program staff, such staff shall have training in planning and
				preparing therapeutic diets or shall provide documentation of previous training
				and education sufficient to assure ability to prepare meals in accordance with
				a physician's prescription.
(5) A
				registered dietitian/nutritionist must be consulted by the staff on basic and
				special nutritional needs and proper food handling techniques. Instruction in
				nutrition, weight control and safe food handling techniques may be provided as
				an ongoing part of program activities.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 20 - REQUIREMENTS FOR ADULT DAY CARE FACILITIES › Section 8.370.20.74 - NOTIFIABLE DISEASES

Current through Register Vol. 35, No. 13, July 16, 2024
Facilities shall report any notifiable disease occurring to
				  the participants to the local public health field office:
A. Each facility shall secure the current
				list of notifiable diseases published by the New Mexico health care authority
				and post it conspicuously in the facility.
B. Facilities shall not admit or allow the
				continued attendance of participants who are ill or who are known or suspected
				of having notifiable diseases.
C.
				After a participant has had a notifiable communicable disease, he or she shall
				be re-admitted to the facility only upon written approval of the attending
				physician.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 20 - REQUIREMENTS FOR ADULT DAY CARE FACILITIES › Section 8.370.20.75 - ISOLATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. A participant
				who becomes sick at the facility must be separated from the rest of the
				participants until leaving the facility. The guardian or responsible party must
				be promptly notified of the participant's illness and arrangements must be made
				for the participant to be removed from the facility.
B. The facility must have a bed available for
				a sick participant which must be thoroughly cleaned after use.
C. The sick participant must be kept in an
				area where he/she can be under constant observation.
D. Staff must wash their hands thoroughly
				after caring for sick participants.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 20 - REQUIREMENTS FOR ADULT DAY CARE FACILITIES › Section 8.370.20.76 - MEDICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Any facility licensed pursuant to these regulations who
				  supervises self-administration of medication for the participants or safeguards
				  medication for residents must have an appropriate custodial drug permit as
				  determined by the state board of pharmacy.
A. To apply for a custodial drug permit, or
				to obtain information concerning management of drugs and pharmaceutical, the
				facility should contact the state board of pharmacy.
B. Only medications which can be
				self-administered by the participant, unless they will be administered by a
				licensed physician, dentist, or nurse, can be kept by a facility.
C. Medications prescribed for one participant
				must not be given to any other participant.
D. Drugs and medications shall neither be
				supplied nor given to participants, unless ordered or prescribed by a licensed
				physician, dentist, or other practitioner licensed to do so.
E. Over the counter medications may be given
				to a participant by the facility, if the facility has a written procedure
				reviewed and approved by a licensed physician for giving such
				medications.
F. Medications must be
				kept in a locked cabinet or other suitable container approved by the state
				board of pharmacy. Medications must be separated, by individual, in the storage
				area.
G. The key for the medication
				storage area must be made available only to personnel duly authorized by the
				director of the facility.
H.
				Medication which requires refrigeration must be kept in a separate locked box
				within a refrigerator, a locked refrigerator, or a refrigerator in a locked
				room.
I. All medications must be
				kept in their original containers.
J. Poisonous substances and medications
				labeled for "external use only" must not be accessible to participants and must
				be kept separate from other medications.
K. All outdated medications shall be disposed
				of in a manner approved by the state board of pharmacy.
L. No facility will prepare dosages of
				medications, in advance, to be given to participants for self-administration
				with assistance. The medications must be in the original container, the staff
				member assisting may hold the container, assist the participant in opening the
				container, and assist the participant in administering the medication.
				Exception: If a facility has on the staff nurses registered in the state of New
				Mexico who prepare dosage and administer to the resident.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 20 - REQUIREMENTS FOR ADULT DAY CARE FACILITIES › Section 8.370.20.77 - USE OF PHYSICAL RESTRAINTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Physical restraints may only be used when authorized by a physician in writing
				for a specified period of time or in emergencies.
B. The use of physical restraints may only be
				applied by a licensed nurse.
C.
				Physical restraints must be applied in accordance with the written policies and
				procedures of the facility.
D.
				Supervision of participants in restraints shall be on a one to one basis for
				the duration of the time the restraints are in place.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 20 - REQUIREMENTS FOR ADULT DAY CARE FACILITIES › Section 8.370.20.78 - TRANSPORTATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. If a facility
				licensed pursuant to these regulations provides transportation to participants
				it is responsible for the participant from the time picked up until
				delivered.
B. All vehicles used for
				transportation of participants must be licensed and meet all applicable laws of
				the state of New Mexico.
C. All
				vehicles used for transportation of participants must be equipped with a fire
				extinguisher and first aid kit.
D.
				Participants must be loaded and unloaded at the curb side of the
				vehicle.
E. Drivers may leave the
				vehicle only to assist participants in boarding and leaving the vehicle, and
				must remain in sight of the vehicle at all times.
F. Drivers of vehicles used to transport
				participants must be licensed and abide by state and local laws.
G. Participants shall be transported no more
				than 30 minutes without being offered the opportunity to have a rest
				stop.
H. Vehicles used to transport
				participants shall be equipped with seat belts. Drivers shall insure
				participants use seat belts while being transported.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 20 - REQUIREMENTS FOR ADULT DAY CARE FACILITIES › Section 8.370.20.79 - RELATED REGULATIONS AND CODES

Current through Register Vol. 35, No. 13, July 16, 2024
Adult day care facilities subject to these regulations 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, New Mexico health care authority, 8.370.4 NMAC.
C. 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 21 - QUALITY MANAGEMENT SYSTEM AND REVIEW REQUIREMENTS FOR PROVIDERS OF COMMUNITY BASED SERVICES › Section 8.370.21.1 - 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 21 - QUALITY MANAGEMENT SYSTEM AND REVIEW REQUIREMENTS FOR PROVIDERS OF COMMUNITY BASED SERVICES › Section 8.370.21.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is applicable to persons, organizations or legal
				  entities that are under contract to provide services to the New Mexico health
				  care authority under the following programs: developmental disability waiver
				  (DDW), disabled and elderly waiver (D&EW), medically fragile waiver (MFW),
				  traumatic brain injury (TBI) and family, infants and toddler (FIT) and any
				  additional programs that may require provider 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 21 - QUALITY MANAGEMENT SYSTEM AND REVIEW REQUIREMENTS FOR PROVIDERS OF COMMUNITY BASED SERVICES › Section 8.370.21.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Subsection E of Section 9-8-6 NMSA 1978 and Subsections L, O,
				  T and U of Section 24-1-3 of the Public Health Act, NMSA 1978 as amended.
				  Section 9-8-1 et seq. NMSA 1978 establishes the health care authority (HCA) 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 21 - QUALITY MANAGEMENT SYSTEM AND REVIEW REQUIREMENTS FOR PROVIDERS OF COMMUNITY BASED SERVICES › Section 8.370.21.4 - 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 21 - QUALITY MANAGEMENT SYSTEM AND REVIEW REQUIREMENTS FOR PROVIDERS OF COMMUNITY BASED SERVICES › Section 8.370.21.5 - 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 21 - QUALITY MANAGEMENT SYSTEM AND REVIEW REQUIREMENTS FOR PROVIDERS OF COMMUNITY BASED SERVICES › Section 8.370.21.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule establishes standards for provider compliance with
				  health care authority (HCA) requirements for quality assurance reviews of DDW,
				  D&EW, MFW, TBI and FIT programs and any additional programs that may
				  require provider compliance with these requirements and specifies that HCA
				  authorized representatives shall have timely access to records, personnel,
				  service locations and clients.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 21 - QUALITY MANAGEMENT SYSTEM AND REVIEW REQUIREMENTS FOR PROVIDERS OF COMMUNITY BASED SERVICES › Section 8.370.21.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
For purposes of these regulations, the following shall
				  apply:
A.
"Client"
means
				any person who is requesting or receiving services from one or more service
				providers subject to these requirements.
B.
"HCA"
means the New Mexico
				health care authority.
C.
"Developmental disability waiver (DDW)"
means a program offering
				community based services under the administration of the HCA long term services
				division for persons eligible based on the criteria described in Subsection B
				of 8.290.400.10 NMAC.
D.
"Disabled & elderly waiver
				(D&EW)"
means a program offering community based services under the
				administration of the MAD for persons eligible based on the criteria described
				in Subsection A of
				8.290.400.10 NMAC.
E.
"Family infant and toddler
				(FIT)"
means a program offering community based services under the
				administration of the HCA long term services division for persons eligible
				based on the criteria described in 7.30.8 NMAC.
F.
"MAD"
means the medical
				assistance division of the New Mexico health care authority.
G.
"Medically fragile waiver
				(MFW)"
means a program offering community based services under the
				administration of the HCA long term services division for persons eligible
				based on the criteria described in Subsection C of
				8.290.400.10 NMAC.
H.
"Provider"
means a person,
				organization or legal entity under contract with HCA to provide services to
				clients eligible for services under one or more of the following programs:
				developmental disability waiver (DDW), disabled and elderly waiver (D&EW),
				medically fragile waiver (MFW); or traumatic brain injury (TBI) and any
				additional programs that may require provider compliance with these
				requirements.
I.
"Timely
				access"
means physical or in-person, electronic or other access needed
				by authorized representatives of the HCA to conduct a quality review activity.
				Timely access means immediate access upon request. If immediate access is not
				possible for a legitimate reason, the access shall be as prompt as reasonably
				possible.
J.
"Traumatic brain
				injury provider (TBI)"
means a person, organization or other legal
				entity as specified in Section 24-124 NMSA 1978, operating under the
				administration of the HCA long term services division, which generally offers
				community based services to eligible clients.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 21 - QUALITY MANAGEMENT SYSTEM AND REVIEW REQUIREMENTS FOR PROVIDERS OF COMMUNITY BASED SERVICES › Section 8.370.21.8 - STANDARD OF COMPLIANCE

Current through Register Vol. 35, No. 13, July 16, 2024
The degree of compliance required throughout these
				  regulations is designated by the use of the words "shall" or "must" or "may".
				  "Shall" or "must" means mandatory. "May" means permissive.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 21 - QUALITY MANAGEMENT SYSTEM AND REVIEW REQUIREMENTS FOR PROVIDERS OF COMMUNITY BASED SERVICES › Section 8.370.21.9 - CONFIDENTIALITY

Current through Register Vol. 35, No. 13, July 16, 2024
Client specific information reviewed or obtained in the
				  course of quality assurance reviews of providers is confidential in accordance
				  with all applicable federal and state law and regulation and with all
				  applicable contract provisions. Other confidential information may include, but
				  is not limited to: personnel records, the provider'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 21 - QUALITY MANAGEMENT SYSTEM AND REVIEW REQUIREMENTS FOR PROVIDERS OF COMMUNITY BASED SERVICES › Section 8.370.21.10 - ACCESS TO FACILITATE PROVIDER REVIEW QA ACTIVITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. HCA shall review the quality of care
				delivered by providers subject to these requirements. These reviews may be
				either announced or unannounced.
B.
				Providers of services shall facilitate timely physical or in person access
				to:
C. Provider records, regardless
				of media, including but not limited to: financial records, all client records,
				ISPs, personnel records, board and or committee minutes, incident reports,
				quality assurance activities, client satisfaction surveys and agency
				policy/procedures manuals;
D. All
				provider personnel;
E. Clients
				currently receiving services from the provider;
F. Any information relevant to accessing
				guardians, representatives and family members;
G. All records, regardless of media, relating
				to former and deceased clients; and
H. All administrative and service delivery
				sites.
I. Failure to grant and
				facilitate timely physical or in-person access as defined in this rule may
				subject the provider to all available penalties and sanctions as provided in
				applicable federal, state or contract provisions.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 22 - REQUIREMENTS FOR HOME HEALTH AGENCIES › Section 8.370.22.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
These regulations apply to:
A. public, profit or nonprofit home health
				agencies providing services as outlined by these regulations;
B. any facility providing services as
				outlined by these regulations which by federal regulation must be licensed by
				the state of New Mexico to obtain or maintain full or partial, permanent or
				temporary federal funding.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 22 - REQUIREMENTS FOR HOME HEALTH AGENCIES › Section 8.370.22.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The regulations set forth herein which govern the licensing
				  of home health agencies have been pursuant to the general authority granted
				  under Subsection E of Section 9-8-6 NMSA 1978, and Subsection D of Section
				  24-1-2, Subsection I of Section 24-1-3 and Section 24-1-5 of the Public Health
				  Act NMSA 1978, as amended. Section 9-8-1 et seq. NMSA 1978 establishes the
				  health care 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 22 - REQUIREMENTS FOR HOME HEALTH AGENCIES › Section 8.370.22.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 2024, unless a different 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 22 - REQUIREMENTS FOR HOME HEALTH AGENCIES › Section 8.370.22.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Establish
				minimum standards for licensing of home health agencies who provide medically
				directed therapeutic or supportive services to a patient/client in their place
				of residence.
B. Monitor home
				health agencies' compliance with these regulations through surveys to identify
				any areas which could be dangerous or harmful to a patient/client or
				staff.
C. Encourage the
				establishment and maintenance of home health agencies to provide medically
				directed therapeutic or supportive services, to a patient/client in their place
				of residence, that maintain or improve the health and quality of life to
				patients/clients who are in New Mexico.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 22 - REQUIREMENTS FOR HOME HEALTH AGENCIES › Section 8.370.22.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
For purposes of these regulations the following shall
				  apply:
A.
"Abuse"
means
				any act or failure to act performed intentionally, knowingly or recklessly that
				causes or is likely to cause harm to a patient/client, including:
(1) physical contact that harms or is likely
				to harm a patient/client of a home health agency;
(2) inappropriate use of a physical
				restraint, isolation or medication that harms or is likely to harm a
				patient/client;
(3) inappropriate
				use of a physical or chemical restraint, medication or isolation as punishment
				or in conflict with a physician's order;
(4) medically inappropriate conduct that
				causes or is likely to cause physical harm to a patient/client;
(5) medically inappropriate conduct that
				causes or is likely to cause great psychological harm to a
				patient/client;
(6) an unlawful
				act, a threat or menacing conduct directed toward a patient/client that results
				and might reasonably be expected to result in fear or emotional or mental
				distress to a patient/client.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 22 - REQUIREMENTS FOR HOME HEALTH AGENCIES › Section 8.370.22.8 - STANDARD OF COMPLIANCE

Current through Register Vol. 35, No. 13, July 16, 2024
The degree of compliance required throughout these
				  regulations is designated by the use of the words "shall" or "must" or "may".
				  "Shall" or "must" means mandatory. "May" means permissive. The use of the words
				  "adequate", "proper", and other similar words means the degree of compliance
				  that is generally accepted throughout the professional field by those who
				  provide services of home health agencies as outlined in these
				  regulations.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 22 - REQUIREMENTS FOR HOME HEALTH AGENCIES › Section 8.370.22.9 - HOME HEALTH AGENCY AND SCOPE OF SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
An agency or organization meeting the following criteria must
				  be licensed as a home health agency:
A. Provides at least one medically directed
				service, such as, but not limited to:
(1)
				skilled nursing;
(2) physical
				therapy;
(3) occupational
				therapy;
(4) inhalation
				therapy;
(5) infusion
				therapy;
(6) speech language
				pathology;
(7) social
				work;
(8) home health
				aide;
(9) personal care
				attendant;
(10)
				homemaker.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 22 - REQUIREMENTS FOR HOME HEALTH AGENCIES › Section 8.370.22.10 - INITIAL LICENSURE PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
The authority to determine if a person(s) or organization is
				  subject to regulation under the statute is inherent in the responsibility to
				  regulate agencies that are within the definitions of the statute and these
				  regulations. To obtain an initial license for a home health agency pursuant to
				  these regulations, the following procedures must be followed by the
				  applicant:
A. These regulations should
				be thoroughly understood by the applicant and used as reference prior to
				applying for initial licensure.
B.
				The following documents must be submitted to the licensing authority:
(1) Letter of intent: Submit to the licensing
				authority a letter of intention to open a home health agency pursuant to these
				regulations.
(2) Application for
				initial license: All information requested by the licensing authority must be
				provided. All applications for an initial license must be accompanied by the
				required non-refundable fee.
(3)
				Functional program outline: Each application for initial licensure must be
				accompanied by a functional program outline that provides the following
				information:
(a) scope of Services to be
				provided by the proposed home health agency;
(b) estimated number of patient/clients to be
				served monthly;
(c) services that
				will be contracted or arranged with another health provider, i.e., homemaker,
				I.V. therapy, etc.;
(d) hours and
				days of operation.
(4)
				Home health agency policies: Submit for review and approval by the licensing
				authority, a copy of the home health agency policies and a copy of these
				licensing regulations annotated to the agency's policies and procedures. Note:
				Each regulation must be referenced to the appropriate policy by writing the
				page or policy number by the corresponding regulation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 22 - REQUIREMENTS FOR HOME HEALTH AGENCIES › Section 8.370.22.11 - LICENSES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Annual license:
				An annual license is issued for a one year period to a home health agency which
				has met all requirements of these regulations.
B. Temporary license: The licensing authority
				may, at its sole discretion, issue a temporary license prior to the initial
				survey, or when the licensing authority finds partial compliance with these
				regulations, or for administrative purposes.
(1) A temporary license shall cover a period
				of time, not to exceed 120 days, during which the facility must correct all
				specified deficiencies.
(2) In
				accordance with Subsection D of Section 24-1-5 NMSA 1978, no more than two
				consecutive temporary licenses shall be issued.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 22 - REQUIREMENTS FOR HOME HEALTH AGENCIES › Section 8.370.22.12 - LICENSE RENEWAL

Current through Register Vol. 35, No. 13, July 16, 2024
A. The licensee
				must submit renewal application on forms provided by the licensing authority,
				along with the required fee at least 30 days prior to expiration of the current
				license.
B. Upon receipt of renewal
				application, required fee and an on-site survey, the licensing authority will
				issue a new license effective the day following the date of expiration of the
				current license, if the agency is in substantial compliance with these
				regulations.
C. If the licensee
				fails to submit a renewal application with the required fee and the current
				license expires, the agency shall cease operations until it obtains a new
				license through the initial licensure procedures. Subsection A of Section
				24-1-5 NMSA 1978, as amended, provides that no health facility shall be
				operated without a license.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 22 - REQUIREMENTS FOR HOME HEALTH AGENCIES › Section 8.370.22.13 - POSTING OF LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
The agency's current, original license must be posted in a
				  conspicuous place at the licensed location, as identified in the application
				  for licensure.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 22 - REQUIREMENTS FOR HOME HEALTH AGENCIES › Section 8.370.22.14 - NON-TRANSFERABLE RESTRICTION ON 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 agency
				changes;
B. the agency changes
				location of its office;
C. licensee
				of the agency changes;
D. the
				agency discontinues operation;
E.
				an agency wishing to continue operation as a licensed home health agency under
				circumstances listed above must submit an application for initial licensure in
				accordance with Section 10 of these regulations, at least 30 days prior to the
				anticipated change.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 22 - REQUIREMENTS FOR HOME HEALTH AGENCIES › Section 8.370.22.15 - AUTOMATIC EXPIRATION OF LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
A license will automatically expire at midnight on the day
				  indicated on the license as the expiration date, unless sooner renewed,
				  suspended, revoked, or:
A. on the day
				an agency discontinues operation;
B. on the day an agency is sold, leased, or
				otherwise changes ownership or licensee;
C. on the day an agency changes location of
				its office.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 22 - REQUIREMENTS FOR HOME HEALTH AGENCIES › Section 8.370.22.16 - SUSPENSION OF LICENSE WITHOUT PRIOR HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
In accordance with Subsection H of Section 24-15 NMSA 1978,
				  as amended, if immediate action is required to protect human health and safety,
				  the licensing authority may suspend a license pending a hearing, provided such
				  hearing is held within five working days of the suspension, unless waived by
				  the licensee.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 22 - REQUIREMENTS FOR HOME HEALTH AGENCIES › Section 8.370.22.17 - 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 license may be revoked or suspended, an initial or renewal
				  application for license may be denied, or intermediate sanctions or civil
				  monetary penalties may be imposed after notice and opportunity for a hearing,
				  for any of the following reasons:
A.
				failure to comply with any provision of these regulations;
B. failure to allow survey by authorized
				representatives of the licensing authority;
C. any person active in the operation of an
				agency licensed pursuant to these regulations shall not be under the influence
				of alcohol or narcotics or convicted of a felony;
D. misrepresentation or falsification of any
				information on application forms or other documents provided to the licensing
				authority;
E. discovery of repeat
				violations of these regulations during surveys;
F. failure to provide the required care and
				services as outlined by these regulations for the patients/clients receiving
				care from the agency.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 22 - REQUIREMENTS FOR HOME HEALTH AGENCIES › Section 8.370.22.18 - HEARING PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Hearing
				procedures for adverse action taken by the licensing authority against an
				agency's license as outlined in Section 16 and 17 above will be held in
				accordance with adjudicatory hearings, New Mexico health care authority,
				8.370.2 NMAC.
B. A copy of the
				above regulations 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 22 - REQUIREMENTS FOR HOME HEALTH AGENCIES › Section 8.370.22.19 - AGENCY SURVEYS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Application
				for licensure, whether initial or renewal shall constitute permission for entry
				into and survey of a home health agency by authorized licensing authority
				representatives during pendency of the application, and if licensed, during the
				licensure period.
B. The licensing
				authority shall perform, as it deems necessary, unannounced on-site surveys to
				determine compliance with these regulations, to investigate complaints, or to
				investigate the appropriateness of licensure for any alleged unlicensed
				facility. The licensing authority may include patient/client home visits as
				part of any survey or investigation.
C. Upon receipt of the official deficiency
				statement from the licensing authority, the licensee or their representative
				will be required to submit a plan of correction to the licensing authority
				within 10 working days, stating how the agency intends to correct each
				violation noted and the expected date of completion.
D. The licensing authority may, at its sole
				discretion, accept the plan of correction as written or require modifications
				of the plan by the licensee.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 22 - REQUIREMENTS FOR HOME HEALTH AGENCIES › Section 8.370.22.20 - ACCEPTANCE OF PATIENTS/CLIENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Patients/clients must be accepted for treatment by the agency
				  when there is a reasonable expectation that the patient/client's health care or
				  supportive service needs can be met adequately in the patient/client's place of
				  residence.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 22 - REQUIREMENTS FOR HOME HEALTH AGENCIES › Section 8.370.22.21 - OFFICE REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. An
				agency licensed pursuant to these regulations shall establish and maintain an
				official office for the conduct of its business with posted hours of
				operation.
B. The office space must
				be able to maintain, store and safeguard agency records.