reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 102 - VOCATIONAL REHABILITATION - ANCILLARY SERVICES › Part 2 - INTERPRETER SERVICES FOR THE DEAF AND HARD OF HEARING › Section 6.102.2.9 - STANDARDS FOR INTERPRETERS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Interpreters utilized by the agency shall be certified by the national registry
				of interpreters for the deaf (RID) or through the state quality assurance (QA)
				system through the commission for the deaf and hard of hearing
				(CDHH).
B. The CDHH will evaluate
				the qualifications of interpreters through a quality assurance (AQ) system and
				will provide the results of these evaluations. The QA system will consist of
				five levels from level 1 to level 5 with level 5 being the highest
				certification level. Interpreters with valid RID certifications and those who
				are non-certified "candidates" will be "grand-fathered in" once the QA system
				is implemented. For those interpreters who are non-certified, a time limit of
				six months will be given to take and pass the QA system once the system is
				implemented. For those who can prove extenuating circumstances exist beyond the
				interpreter's control, another six months may be allowed. This will be decided
				by the CDHH at that time. DVR will maintain a list of qualified interpreters
				and update this list on a quarterly basis. When no approved interpreter is
				available, an unapproved interpreter may be used, only with prior approval by
				the state coordinator of deaf services. Family members should not be used as
				interpreters except in cases of emergency.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 102 - VOCATIONAL REHABILITATION - ANCILLARY SERVICES › Part 2 - INTERPRETER SERVICES FOR THE DEAF AND HARD OF HEARING › Section 6.102.2.10 - COURTROOM AND LEGAL SITUATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Due to the nature of legal and courtroom interpreting, which
				  requires interpreters who are highly skilled and knowledgeable in this field,
				  it is recommended that the court select the most qualified interpreter possible
				  in order to protect consumers who are deaf. Also recommended is the utilization
				  of two or more interpreters in the courtroom for criminal cases to assure
				  communication is accurate.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 102 - VOCATIONAL REHABILITATION - ANCILLARY SERVICES › Part 2 - INTERPRETER SERVICES FOR THE DEAF AND HARD OF HEARING › Section 6.102.2.11 - FEE SCHEDULE

Current through Register Vol. 35, No. 13, July 16, 2024
Interpreters who travel less than 75 map miles for the
				  assignment may charge a minimum two hour fee per assignment. The minimum fee is
				  four hours when the interpreting assignment requires traveling 75 plus map
				  miles one way. An interpreter traveling 25 miles or more one way to an
				  assignment may charge mileage. Fee schedules for long-term assignments (e.g.
				  college or vocational training) should be negotiated between the agency and the
				  interpreter. Travel expenses shall be reimbursed at the rates established for
				  New Mexico state employees. For interpreting assignments that are longer than 2
				  hours, the hiring of more than one interpreter is strongly suggested due to the
				  fatigue level experienced during long assignments.
A.
ALLOWABLE FEE SCHEDULE:
The
				following is a table listing and describing the various QA and RID
				certification levels and kinds of interpreting skills along with the allowable
				fee schedule. An explanation of the RID codes used to describe the various
				levels is included.
(1) RID: MCSC, SC:L - $50
				Per Hour
(2) Level 5 or RID: CSC,
				CI/CT, CDI (RSC), CDI:P, OIC:C, PSC, SC:PA, CLIP - $35 Per Hour
(3) Level 4 oR RID: CT OR CI - $30 Per
				Hour
(4) Level 3 OR RID: IT/TC,
				OIC:VS, OIC:SV - $25 Per Hour
(5)
				Level 2 OR RID: IC OR TC - $20 Per Hour
(6) Level 1 or non-certified candidate - $15
				Per Hour
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 3 - HEALTH RECORDS › Section 7.1.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  9-7-6
				  and
				  14-2-1
				  through
				  14-2-12
				  NMSA 1978.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 3 - HEALTH RECORDS › Section 7.1.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this part of Chapter 1, General Provisions,
				  under Title 7, Health [now 7.1.3 NMAC], is to furnish guidance to the public
				  and to employees of the New Mexico department of health in providing access to
				  public records in the department's possession in accordance with the Inspection
				  of Public Records Act, Section
				  14-2-1
				  to
				  14-2-12
				  NMSA 1978. This regulation establishes copying fees and supplies guidelines for
				  determining whether an item is a public record. It also sets forth the
				  procedures for allowing or denying access to requested
				  records.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 3 - HEALTH RECORDS › Section 7.1.3.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Custodian"
				means the person or persons designated by the secretary as responsible for the
				maintenance, care or keeping of the department's public records for purposes of
				the Inspection of Public Records Act, regardless whether the records are in
				such person's actual physical custody and control.
B. "Department" means the New Mexico
				department of health.
C. "Inspect"
				means to review public records of the department.
D. "Mail" or "Mailed" as used in these
				regulations in connection with determining the running of a time period, is the
				date on which the letter or document was placed in the U.S. mail, and is
				evidenced by the date of the postmark.
E. "Person" means any individual,
				corporation, partnership, firm, association or entity.
F. "Public records" means all documents,
				papers, letters, books, maps, tapes, photographs, recordings, and other
				materials, regardless of physical form or characteristics, that are used,
				created, received, maintained or held by or on behalf of the department and
				relate to public business, whether or not the records are required by law to be
				created or maintained.
G.
				"Secretary" means the secretary, or his/her designee, for the
				department.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 3 - HEALTH RECORDS › Section 7.1.3.8 - DESIGNATION OF CUSTODIAN

Current through Register Vol. 35, No. 13, July 16, 2024
The employee in charge of the department's office of public
				  information is designated as custodian of the department's public records for
				  purposes of responding to requests for inspection of department records.
A. Departmental employees receiving requests
				to inspect public records shall promptly forward the request to the office of
				public information.
B. In response
				to specific situations, the secretary may designate other employees of the
				department as custodian for distinct parts of the department's public
				records.
C. Distinct parts of the
				department's records may include records actually located in specific offices,
				divisions, or facilities, or may be records of a distinct type, such as patient
				medical records, computer data records, or vital statistics.
D. Custodians designated by the secretary in
				specific situations for distinct parts of the department's public records are
				required to fulfill the duties of the custodian in responding to written
				requests.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 3 - HEALTH RECORDS › Section 7.1.3.9 - REQUESTS FOR INSPECTION OF PUBLIC RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
Any person may request orally or in writing to inspect the
				  department's public records. However, the procedures in these regulations apply
				  to written requests only. The failure to respond to an oral request is not
				  actionable and is not subject to any penalty.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 3 - HEALTH RECORDS › Section 7.1.3.10 - DUTIES OF CUSTODIAN

Current through Register Vol. 35, No. 13, July 16, 2024
The custodian is responsible for responding to written
				  requests to inspect the department's public records. If the custodian permits
				  inspection in response to the written request within three (3) business days of
				  the custodian's receipt of the request, the custodian is not required to
				  respond in writing. If inspection is not permitted in response to the written
				  request within three (3) business days, the custodian must provide a written
				  response to the person making the written request.
A. The written response shall set out the
				time, location and manner for inspection of the identified public
				records.
B. The time for review
				should be immediately or as soon as practicable under the circumstances, but
				may not exceed fifteen (15) days. If the inspection is not permitted within
				three (3) business days from the day the custodian receives the request, the
				custodian shall explain in writing when the records will be available for
				inspection or when the department will otherwise respond to the
				request.
C. The custodian should
				identify or designate reasonable facilities to make or furnish copies of the
				public records requested during usual business hours.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 3 - HEALTH RECORDS › Section 7.1.3.11 - WRITTEN REQUESTS FOR INSPECTION; REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Persons making written requests to inspect public records of
				  the department are required to direct such requests to the custodian.
A. The written request must set out (1) the
				name, (2) address, and (3) telephone number of the person seeking access to the
				public records.
B. The written
				request must identify the records sought with reasonable
				particularity.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 3 - HEALTH RECORDS › Section 7.1.3.12 - REQUESTS MADE TO NON-CUSTODIAN

Current through Register Vol. 35, No. 13, July 16, 2024
If a written request is made to an employee of the
				  department, the request should be promptly sent to the custodian in the office
				  of public information. The employee forwarding the request to the department
				  custodian must also respond to the person requesting the inspection of the
				  records, stating the reason for the absence of the records from that person's
				  custody or control, the records' location and the name and address of the
				  custodian.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 3 - HEALTH RECORDS › Section 7.1.3.13 - WRITTEN RESPONSE TO REQUESTS; CONTENTS

Current through Register Vol. 35, No. 13, July 16, 2024
When inspection of public records is not permitted within
				  three (3) business days of the custodian's receipt of the written request, the
				  custodian must prepare a written response to a written request to inspect the
				  department's public records, as required by Section
				  14-2-8
				  NMSA 1978. The custodian may consult with other department employees concerning
				  the records identified in the written request, and may authorize an appropriate
				  person in the employment of the department, for example, an attorney, a
				  computer data specialist, or a medical records administrator, to respond to a
				  specific request.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 3 - HEALTH RECORDS › Section 7.1.3.14 - PROCEDURE FOR INSPECTION; SEPARATION OF EXEMPT INFORMATION

Current through Register Vol. 35, No. 13, July 16, 2024
Requested public records containing information that is
				  exempt and nonexempt from disclosure shall be separated by the custodian prior
				  to inspection, and the nonexempt information shall be made available for
				  inspection. If necessary to preserve the integrity of computer data or the
				  confidentiality of exempt information contained in a database, a partial
				  printout of data containing nonexempt public records or information may be
				  furnished in lieu of an entire database.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 3 - HEALTH RECORDS › Section 7.1.3.15 - LOCATION FOR INSPECTION; MAIL

Current through Register Vol. 35, No. 13, July 16, 2024
The inspection may take place at the location within the
				  department where the records are actually maintained, or, in the discretion of
				  the custodian, in any other location within the department that is reasonable
				  and responsive to the needs of the department or the person making the written
				  request. A person making the written request for copies of public information,
				  and by following the fee payment procedures herein, may have a copy of the
				  requested public records provided by mail or other reasonable delivery method,
				  without first inspecting.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 3 - HEALTH RECORDS › Section 7.1.3.16 - FEES

Current through Register Vol. 35, No. 13, July 16, 2024
The custodian may charge reasonable fees for copying public
				  records, payable in advance, and, upon request, shall provide a receipt. Unless
				  a different fee is otherwise prescribed by law or regulation, the following
				  apply.
A. Where redacting is not
				required:
(1) for copies of twenty (20) or
				less documents, eleven by seventeen inches in size or smaller, fifty cents
				($.50) per copy;
(2) for copies of
				twenty to one hundred (20 to 100) documents, eleven by seventeen inches in size
				or smaller, forty cents ($.40) per copy;
(3) for copies of one hundred one (101) or
				more documents, eleven by seventeen inches in size or smaller, thirty cents
				($.30) per copy;
(4) for written
				copies of computer data, printed on paper larger than eight by eleven inches in
				size, fifty cents ($.50) per copy;
(5) for written copies of computer data,
				printed on paper eight by eleven inches in size, forty cents ($.40) per
				copy;
(6) for electronic or digital
				copies of computer data, twenty five cents ($.25) per page, plus two dollars
				($2.00) for each standard 3- inch floppy disk required.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 3 - HEALTH RECORDS › Section 7.1.3.17 - EXCESSIVELY BURDENSOME OR BROAD REQUESTS

Current through Register Vol. 35, No. 13, July 16, 2024
A written request for inspection may be determined by the
				  custodian to be excessively burdensome or broad. An additional reasonable
				  period of time is allowed to comply with such requests determined by the
				  custodian to be excessively burdensome or broad. The length of this additional
				  time is determined based upon whether negotiation occurs. A fifteen-day
				  additional period is available to the custodian, without negotiation, upon
				  written notification to the requester. A post-negotiation reasonable period of
				  time is available to the custodian and is determined based on discussions with
				  the requester.
A. The custodian shall
				provide written notification to the requester within fifteen days of the
				custodian's receipt of the written request. The notification must state that
				additional time will be needed to respond because the request is determined to
				be excessively burdensome or broad. This notification is required whether the
				custodian relies upon the "no negotiation" provision (fifteen days) of section
				17.2 [now Subsection B of 7.1.3.17 NMAC], or the "negotiation" (reasonable
				time) provision of section 17.3 [now Subsection C of 7.1.3.17 NMAC]. The
				custodian may use this notification as an opportunity to confirm any negotiated
				agreement providing additional time or any agreement that modifies the
				request.
B. The "no negotiation"
				additional period of time allowed to respond to a request determined to be
				excessively burdensome or broad, without negotiation, shall not exceed fifteen
				(15) days.
C. The "negotiation"
				additional period of time is that period of additional time agreed to by the
				custodian and the requesting person, or, in the event no agreement is reached,
				as determined to be reasonable by the custodian after at least one good faith
				effort to negotiate with the person making the request. The custodian, as part
				of the good faith effort to negotiate, should describe the circumstances that
				cause the request to be excessively burdensome or broad, and suggest possible
				modifications to the request that would decrease the burdensome or broad nature
				of the request on the department, and should suggest an additional reasonable
				amount of time for responding to the request.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 3 - HEALTH RECORDS › Section 7.1.3.18 - DENIED REQUESTS; PROCEDURE

Current through Register Vol. 35, No. 13, July 16, 2024
A written request for inspection may be denied by written
				  response from the custodian. A written request for inspection also may be
				  deemed denied, except in cases where a written request for inspection of public
				  records determined to be excessively burdensome or broad, if inspection has not
				  been permitted within fifteen days of receipt by the custodian.
A. When responding to deny a request for
				inspection, the custodian shall provide the requester with a written
				explanation of the denial. The written denial shall:
(1) provide a description of the records
				sought;
(2) provide the names and
				titles or positions of each person responsible for the denial; and
(3) be delivered or mailed to the person
				requesting the records within fifteen days after the request for inspection was
				received.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 3 - HEALTH RECORDS › Section 7.1.3.19 - EXEMPTED RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
All records of the department are public records unless the
				  record is exempted under state or federal law or regulation. The following
				  constitute a common listing of sources of exemptions which may pertain to a
				  department record; it is not intended to be exclusive and failure to
				  specifically list an otherwise applicable source of law establishing an
				  exemption does not affect the applicability of the exemption. The following may
				  not be included in the department's public records:
A. Medical or confidential records under:
(1) the Inspection of Public Records Act,
				Section 14-2-1(A) NMSA 1978;
(2)
				the Hospital Records Provisions of Section
				14-6-1
				NMSA 1978;
(3) the Community Mental
				Health Services Act, Section 23-7-12(E) NMSA 1978;
(4) the Drug Abuse Treatment Act, Section
				26-2-12 and 14 NMSA 1978;
(5) the
				Mental Health and Developmental Disabilities Code, Section
				43-1-19
				NMSA 1978;
(6) the Alcohol Abuse
				Treatment Act, Section
				43-2-11 NMSA
				1978;
(7) the Children's Mental
				Health and Developmental Disabilities Act, Section 32A-6-15 NMSA
				1978;
(8) the Review Organization
				Immunity Act, Section
				41-9-5
				NMSA 1978;
(9) the Public Health
				Act, Section
				24-1-9.4
				and 20 NMSA 1978;
(10) the Vital
				Records Act, Section
				24-14-27
				NMSA 1978;
(11) Confidentiality of
				Alcohol and Drug Abuse Patient Records,
				42 U.S.C. Section
				290dd-2 and 290ee-3; and
				42
				CFR 2.1 to
				2.67;
(12) HIV Test Act, Section
				24-2B-1 et
				seq. NMSA 1978;
(13) DWI Tests
				Results, Section
				24-11-6
				NMSA 1978;
(14) Health Information
				Systems Act, Section
				24-14A-8
				NMSA 1978;
(15) the Health
				Maintenance Organization Law, Section 59A-46-26 and 27 NMSA 1978.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 4 - DATA REPORTING REQUIREMENTS FOR HEALTH CARE FACILITIES › Section 7.1.4.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to all licensed inpatient and outpatient
				  general and specialty health care facilities located within New
				  Mexico.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 4 - DATA REPORTING REQUIREMENTS FOR HEALTH CARE FACILITIES › Section 7.1.4.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is promulgated pursuant to Sections
				  24-14A-3
				  D(5) and (6);
				  24-14A-5
				  A through C;
				  24-14A-8
				  A and B; and
				  24-14A-9
				  of the Health Information System Act, Section
				  24-14A-1
				  et seq. NMSA 1978.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 4 - DATA REPORTING REQUIREMENTS FOR HEALTH CARE FACILITIES › Section 7.1.4.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
November 14, 2008, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 4 - DATA REPORTING REQUIREMENTS FOR HEALTH CARE FACILITIES › Section 7.1.4.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to specify the data reporting
				  requirements for licensed inpatient and outpatient general and specialty health
				  care facilities pursuant to the Health Information System Act, Section
				  24-14A-1
				  et seq. NMSA 1978.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 4 - DATA REPORTING REQUIREMENTS FOR HEALTH CARE FACILITIES › Section 7.1.4.9 - STATUS OF DATA

Current through Register Vol. 35, No. 13, July 16, 2024
All data and health information collected from data sources
				  shall become the property of the commission upon receipt.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 4 - DATA REPORTING REQUIREMENTS FOR HEALTH CARE FACILITIES › Section 7.1.4.11 - ELECTRONIC REPORTING REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Starting with 2011 data, all data providers shall submit the
				  required quarterly discharge data pursuant to the reporting schedule contained
				  in Subsection A of
				  7.1.4.10
				  NMAC and all final corrected reports, for the full year's worth of data, are
				  due no later than May 31of the following year. Submit data by electronic media,
				  which includes CD or DVD or by direct electronic transmission, in an ASCII file
				  format, per the record layout and instruction provided by the commission. Label
				  all data with the following information: type of data, hospital name and
				  license number, year, file name, point of contact and telephone number. Please
				  mail data to New Mexico Health Policy Commission, ATTN: State Reporting Data
				  Steward, 1190 St. Francis Drive, Suite N3060, Santa Fe, NM
				  87505.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 4 - DATA REPORTING REQUIREMENTS FOR HEALTH CARE FACILITIES › Section 7.1.4.12 - REPORTING EXEMPTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Upon written application to the commission, the commission
				  may grant a health care facility a temporary exemption, not to exceed two
				  reporting quarters, from the schedule required by Subsection A of
				  7.1.4.10
				  NMAC. Temporary exemption from reporting does not excuse the health care
				  facility from reporting the data from the exempted period. Upon resumption of
				  the regular reporting schedule the health care facility shall promptly report
				  data for the exempted period.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 4 - DATA REPORTING REQUIREMENTS FOR HEALTH CARE FACILITIES › Section 7.1.4.13 - PENALTIES FOR RULE VIOLATION

Current through Register Vol. 35, No. 13, July 16, 2024
Failure to comply with any of the reporting requirements in
				  this rule may result in injunctive relief and a civil penalty not to exceed
				  $1,000 per violation, as provided by the Health Information System Act, Section
				  24-14A-1
				  et seq. NMSA 1978.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 5 - PROCUREMENT OF PROFESSIONAL SERVICES › Section 7.1.5.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
NM Department of Health, Harold Runnels Building, 1190 St.
				  Francis Drive, P.O. Box 26110, Santa Fe, NM 87502-6110.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 5 - PROCUREMENT OF PROFESSIONAL SERVICES › Section 7.1.5.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The statutory authority for adopting these regulations is
				  found in Section
				  9-7-6.F.,
				  NMSA 1978 of the Department of Health Act and Sections
				  13-1-28,
et seq
. NMSA 1978 of the Procurement Code.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 5 - PROCUREMENT OF PROFESSIONAL SERVICES › Section 7.1.5.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
January 1, 1997, unless a later date is cited at the end of a
				  section or paragraph.
Compiler's note: The words or paragraph, above, are no
					 longer applicable. Later dates are now cited only at the end of sections, in
					 the history notes appearing in
					 brackets.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 5 - PROCUREMENT OF PROFESSIONAL SERVICES › Section 7.1.5.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Central
				purchasing office" means an organizational unit within the department
				responsible for the control of procurement by competitive sealed
				proposals.
B. "Contract" means any
				agreement for the procurement of professional services.
C. "Department" means the New Mexico
				department of health.
D. "Offeror"
				means a person or business which submits a proposal to provide professional
				services in response to a request for proposals.
E. "Professional services" means the services
				of architects, archeologists, engineers, land surveyors, landscape architects,
				medical arts practitioners, scientists, management and systems analysts,
				certified public accountants, registered public accountants, lawyers,
				psychologists, planners, researchers and persons or businesses providing
				similar services.
F. "Procurement"
				means purchasing or otherwise acquiring professional services.
G. "Secretary" means the secretary of the New
				Mexico department of health.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 5 - PROCUREMENT OF PROFESSIONAL SERVICES › Section 7.1.5.8 - APPLICABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. The secretary
				shall designate an organizational unit within the department as the central
				purchasing office. The central purchasing office shall assist the various units
				of the department in the procurement process but the award selection shall be
				made by the unit of the department requesting sealed proposals, unless
				otherwise directed by the secretary.
B. The department shall procure professional
				services having a value exceeding twenty thousand dollars ($20,000) by
				competitive sealed proposals.
C.
				The central purchasing office, in consultation with the procuring department
				unit, may determine that procurement should be effected by competitive sealed
				proposals when the use of competitive sealed bidding is either not practicable
				or advantageous to the department.
(1)
				Competitive sealed bidding is not practicable unless the nature of the
				procurement permits award to a low bidder which agrees by its bid to perform
				without condition or reservation in accordance with the purchase description,
				delivery or performance schedule, and all other terms and conditions of the
				invitation for bids. Factors to be considered in determining whether
				competitive sealed bidding is not practicable include:
(a) whether the contract needs to be other
				than a fixed-price type;
(b)
				whether oral or written discussions may need to be conducted with offerors
				concerning technical and price aspects of their proposals;
(c) whether offerors may need to be afforded
				the opportunity to revise their proposals, including price;
(d) whether award may need to be based upon a
				comparative evaluation as stated in the request for proposals of differing
				price, quality, and contractual factors in order to determine the most
				advantageous offering to the department. Quality factors include technical and
				performance capability and the content of the technical proposal; and
(e) whether the primary consideration in
				determining award may not be price.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 5 - PROCUREMENT OF PROFESSIONAL SERVICES › Section 7.1.5.9 - PROCUREMENT PROCESS

Current through Register Vol. 35, No. 13, July 16, 2024
A. To
				initiate the process for procurement of professional services, a request for
				proposals shall be issued soliciting competitive sealed proposals which shall
				include the following:
(1) the specifications
				for the services or professional services to be procured;
(2) all contractual terms and conditions
				applicable to the procurement;
(3)
				the location where proposals are to be received;
(4) the date, time and place where proposals
				are to be received and reviewed;
(5) a statement of the relative weights to be
				given to the factors in evaluating proposals;
(6) a statement that offerors submitting
				proposals may be afforded an opportunity for discussion and revision of
				proposals. Revisions may be permitted after submission of proposals and prior
				to award for the purpose of obtaining best and final offers;
(7) a statement that the contents of any
				proposal shall not be disclosed so as to be available to competing offerors
				during the negotiations process.
(8) A statement which reads as follows: "The
				Procurement Code, Sections 13-1-23 through
				13-1-199
				NMSA 1978, imposes civil and criminal penalties for its violation. In addition,
				the New Mexico criminal statutes impose felony penalties for illegal bribes,
				gratuities and kickbacks."
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 5 - PROCUREMENT OF PROFESSIONAL SERVICES › Section 7.1.5.10 - PRE-PROPOSAL CONFERENCES

Current through Register Vol. 35, No. 13, July 16, 2024
Pre-proposal conferences may be held to explain the
				  procurement process and requirements. Conferences shall be held long enough
				  after the request for proposals has been published to allow offerors to become
				  familiar with it, but sufficiently before the deadline for submission of sealed
				  proposals to allow consideration of the conference results in preparing their
				  sealed proposals.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 5 - PROCUREMENT OF PROFESSIONAL SERVICES › Section 7.1.5.11 - RECEIPT OF PROPOSALS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Completed proposals shall be returned to the department as specified in the
				notice of the request for proposals. The organizational unit of the department
				receiving the completed proposal shall establish a log of all proposals
				received which shall include the date and time the proposal was received, the
				name of the offeror and a description of the proposal sufficient to identify
				the service(s) offered.
B. The log
				shall be maintained by the procuring unit of the department in its procurement
				file.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 5 - PROCUREMENT OF PROFESSIONAL SERVICES › Section 7.1.5.12 - NEGOTIATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Negotiations may
				be conducted by the central purchasing office or the department unit for whom
				the services or professional services are to be provided with responsible
				offerors who submit proposals found to be reasonably likely to be selected for
				the award.
B. The above provision
				does not apply to architects, engineers, landscape architects and land
				surveyors.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 5 - PROCUREMENT OF PROFESSIONAL SERVICES › Section 7.1.5.13 - EVALUATION OF PROPOSALS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				evaluation of submitted competitive sealed proposals shall be conducted by the
				department unit which caused the request for proposals to be issued. The
				evaluation shall be based on the evaluation factors and relative weights set
				forth in the request for proposals.
B. At least one written evaluation shall be
				prepared for every responsive proposal.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 5 - PROCUREMENT OF PROFESSIONAL SERVICES › Section 7.1.5.14 - AWARD

Current through Register Vol. 35, No. 13, July 16, 2024
A. The award shall
				be made to the responsible offeror or offerors whose proposal is most
				advantageous to the department, taking into consideration the evaluation
				factors set forth in the request for proposals.
B. If, upon evaluation of all submitted
				proposals, a determination is made that none of the proposals submitted is most
				advantageous to the department, the central purchasing office, or procuring
				unit, may extend the deadline for submission of proposals or may reject any or
				all proposals, in whole or in part, when it is in the best interest of the
				department.
C. The central
				purchasing office or procuring unit of the department shall notify in writing
				each offeror of the outcome of the awards process.
D. All contracts for professional services
				with the department shall be reviewed:
(1) as
				to form and legal sufficiency by the office of general counsel of the
				department,
(2) for budget
				sufficiency by the administrative services division of the department;
				and
(3) by the department of
				finance and administration for form, legal sufficiency and budget requirements
				pursuant to Section
				13-1-118
				NMSA 1978.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 5 - PROCUREMENT OF PROFESSIONAL SERVICES › Section 7.1.5.15 - SMALL PURCHASES OF PROFESSIONAL SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The central purchasing office or procuring
				unit of the department may procure professional services having a value not
				exceeding twenty thousand dollars ($20,000) excluding applicable state and
				local gross receipts taxes, except for the services of architects, landscape
				architects, engineers or land surveyors for state capital projects, as provided
				in this section.
B. Before
				contracting with any person or business to provide professional services, the
				central purchasing office is encouraged to examine the state purchasing agent's
				current list of potential offerors.
C. The central purchasing office or procuring
				unit of the department shall negotiate a contract for the required services at
				a fair and reasonable price to the department. The central purchasing office or
				department unit is encouraged, but not required, to contact at least three (3)
				persons or businesses for written or oral offers before selecting a contractor.
				A record of those contacts shall be included in the procurement file maintained
				by the central purchasing office or procuring unit of the department.
D. If more than one person or business is
				contacted, the contents of the written or oral offer of one business shall not
				be disclosed to another person or business during the negotiation
				process.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 5 - PROCUREMENT OF PROFESSIONAL SERVICES › Section 7.1.5.16 - LATE PAYMENT CLAUSE

Current through Register Vol. 35, No. 13, July 16, 2024
Department contracts shall include a clause imposing late
				  payment charges against the department in the amount and under the conditions
				  stated in Section
				  13-1-158
				  NMSA 1978.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 6 - PROTEST PROCEDURE UNDER THE PROCUREMENT CODE › Section 7.1.6.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
NM Department of Health, Harolds Runnels Building, 1190 St.
				  Francis Drive, P.O. Box 26110, Santa Fe, NM 87502-6110.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 6 - PROTEST PROCEDURE UNDER THE PROCUREMENT CODE › Section 7.1.6.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The statutory authority for adopting these regulations is
				  found in Section
				  9-7-6.F.,
				  NMSA 1978 of the Department of Health Act and Section
				  13-1-174,
				  NMSA 1978 of the Procurement Code.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 6 - PROTEST PROCEDURE UNDER THE PROCUREMENT CODE › Section 7.1.6.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
January 1, 1997, unless a later date is cited at the end of a
				  section or paragraph.
Compiler's note: The words or paragraph, above, are no
					 longer applicable. Later dates are now cited only at the end of sections, in
					 the history notes appearing in
					 brackets.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 6 - PROTEST PROCEDURE UNDER THE PROCUREMENT CODE › Section 7.1.6.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Central
				purchasing office" means an organizational unit within the department
				responsible for the control of procurement by competitive sealed
				proposals.
B. "Contract" means any
				agreement for the procurement of professional services.
C. "Department" means the New Mexico
				department of health.
D. "Offeror"
				means a person or business which submits a proposal to provide professional
				services in response to a request for proposals.
E. "Professional services" means the services
				of architects, archeologists, engineers, land surveyors, landscape architects,
				medical arts practitioners, scientists, management and systems analysts,
				certified public accountants, registered public accountants, lawyers,
				psychologists, planners, researchers and persons or businesses providing
				similar services.
F. "Procurement"
				means purchasing or otherwise acquiring professional services.
G. "Secretary" means the secretary of the New
				Mexico department of health.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 6 - PROTEST PROCEDURE UNDER THE PROCUREMENT CODE › Section 7.1.6.8 - APPLICABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. The provisions
				of this regulation apply to all protests filed with the central purchasing
				office of the department.
B. All
				definitions as stated in 7 NMAC 1.5 [now 7.1.5 NMAC], "Procurement of
				Professional Services," shall apply to these regulations.
C. When computing time under these
				regulations, the first day shall be excluded and the last day included unless
				the last day falls on Sunday, in which case, the time prescribed shall be
				extended to include the following Monday.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 6 - PROTEST PROCEDURE UNDER THE PROCUREMENT CODE › Section 7.1.6.9 - RIGHT TO PROTEST

Current through Register Vol. 35, No. 13, July 16, 2024
A. Who may
				file: Any offeror who is aggrieved in connection with a solicitation or award
				of a professional services contract initiated by the department may protest to
				the central purchasing office of the department.
B. What may be protested: Protestants may
				protest any procurement function in connection with a solicitation or award of
				a contract.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 6 - PROTEST PROCEDURE UNDER THE PROCUREMENT CODE › Section 7.1.6.10 - FILING OF PROTEST

Current through Register Vol. 35, No. 13, July 16, 2024
A. Protest
				must be written: Protests must be in writing and addressed to the contracts
				officer, administrative services division, department of health, 1190 St.
				Francis Drive, P.O. Box 26110, Santa Fe, New Mexico 87502-6110.
B. Contents: The protest shall:
(1) include the name and address of the
				protestant;
(2) identify the
				contracting activity and the number of the solicitation, if any, and, if a
				contract has been awarded, the contract number;
(3) contain a statement of the grounds for
				protest;
(4) include supporting
				exhibits, evidence or documents to substantiate any claim unless not available
				within the filing time in which case the expected available date shall be
				indicated; and
(5) specify the
				ruling requested from the central purchasing office or procuring unit of the
				department.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 6 - PROTEST PROCEDURE UNDER THE PROCUREMENT CODE › Section 7.1.6.11 - PROCUREMENT AFTER PROTEST

Current through Register Vol. 35, No. 13, July 16, 2024
In the event of a timely protest, as defined in Paragraph
				  10.4 [now Subsection D of
				  7.1.6.10 NMAC]
				  of this regulation, the central purchasing office or procuring unit of the
				  department shall not proceed further with the procurement unless the central
				  purchasing office or procuring unit of the department makes a written
				  determination that the award of the contract is necessary to protect
				  substantial interests of the department. Such written determination should set
				  forth the basis for the determination.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 6 - PROTEST PROCEDURE UNDER THE PROCUREMENT CODE › Section 7.1.6.12 - NOTICE OF PROTEST

Current through Register Vol. 35, No. 13, July 16, 2024
Notice to offerors: The hearing officer shall give notice of
				  the protest to the contractor if award has been made or, if no award has been
				  made, to all offerors who appear to have a substantial and reasonable prospect
				  of receiving an award if the protest or appeal is denied.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 6 - PROTEST PROCEDURE UNDER THE PROCUREMENT CODE › Section 7.1.6.13 - FURNISHING OF INFORMATION ON PROTESTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Information generally available: The
				hearing officer shall, upon written request, make available to any party
				information bearing on the substance of the protest which has been submitted by
				the parties, except to the extent that withholding of information is permitted
				or required by law.
B.
				Confidentiality of information: If a party considers that information submitted
				contains material which should be withheld, a statement advising of this fact
				must be affixed to the front page of the document, and the information
				requested to be kept confidential must be so identified wherever it appears.
				Upon such written request, material submitted by a party shall be made
				available except to the extent that the withholding of information is permitted
				or required by law.
C. Comments on
				information. Any party may file comments on the information, provided such
				comments are filed within ten (10) days of receipt of the
				information.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 6 - PROTEST PROCEDURE UNDER THE PROCUREMENT CODE › Section 7.1.6.14 - CONFERENCE OR HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
A. When
				held: A conference or hearing on the merits of the protest may be held at the
				discretion of the hearing officer, with or without the request of the
				protestant, interested parties or the department. The hearing officer shall
				establish any necessary procedures for a conference or hearing. Requests for
				conferences or hearings should be made within ten (10) days of the filing of
				the protest.
B. Comments on
				conference or hearing: Any written comments to be submitted as a result of the
				conference or hearing must be received by the hearing officer within five (5)
				days of the date on which the conference or hearing was held, unless the
				hearing officer provides otherwise.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 6 - PROTEST PROCEDURE UNDER THE PROCUREMENT CODE › Section 7.1.6.15 - RESOLUTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Written
				recommendation: The hearing officer shall make a written recommendation on the
				merits of the protest within ten (10) days or as expeditiously as possible
				after the receipt of all information or the date of any conference or hearing
				held on the matter, whichever is later, and shall furnish a copy of the
				recommendation to the protestant, the department, and other interested parties.
				Such recommendation should include:
(1) a copy
				of the protest to interested parties if any;
(2) a statement setting forth findings and
				conclusions in the matter, together with any additional evidence or information
				deemed necessary in determining the validity of the protest. The statement
				shall be fully responsive to the allegations of the protest. If the award was
				made after receipt of the protest, the statement shall include the
				determination required under Paragraph 11 [now 7.1.6.11 NMAC] of this
				regulation;
(3) a statement of the
				relief granted; and
(4) notice to
				the protestant of the right to judicial review of the final determination,
				pursuant to Section
				13-1-183 NMSA
				1978.