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 14 - ASSISTED LIVING FACILITIES FOR ADULTS › Section 8.370.14.52 - CORRIDORS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Corridors in an
				existing building shall have a minimum width of 36 inches. Corridors in newly
				constructed facilities shall have a minimum width of 44 inches.
B. Corridors shall have a clear ceiling
				height of not less than seven feet measured to the lowest projection from the
				ceiling.
C. Corridors shall be
				maintained clear and free of obstructions at all times.
D. The floors of corridors and hallways shall
				be waterproof, greaseproof, smooth, slip-resistant and durable.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 14 - ASSISTED LIVING FACILITIES FOR ADULTS › Section 8.370.14.53 - MINIMUM ROOM DIMENSIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. All
				habitable rooms in a facility shall have a ceiling height of not less than
				seven feet six inches. Kitchens, halls, bathrooms and toilet compartments shall
				have a ceiling height of not less than seven feet.
B. Any room with sloped ceiling where any
				portion of the room is less than seven feet in height is subject to review and
				approval or disapproval by the licensing authority.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 14 - ASSISTED LIVING FACILITIES FOR ADULTS › Section 8.370.14.54 - RESIDENT ROOMS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				facility's bed capacity shall not exceed the capacity approved by the licensing
				authority.
B. Each resident room
				shall have an outside room with a window. The area of the outdoor window shall
				be at least one tenth of the floor area of the room.
C. Resident rooms shall not be less than
				seven feet wide in any horizontal dimension.
D. There must be no through traffic in
				resident rooms. Resident rooms must connect directly to other internal common
				areas of the facility.
E. The
				window shades, drapes, curtains, or blinds in the resident rooms shall be in
				good repair and of flame-retardant materials.
F. Resident rooms may be private or
				semi-private. Semiprivate rooms may not house more than two residents.
(1) Private rooms shall have a minimum of 100
				square feet of floor area. The closet and locker area shall not be counted as
				part of the available floor space.
(2) Semiprivate rooms shall have a minimum of
				80 square feet of floor area for each bed and shall be furnished in such a
				manner that the room is not crowded and passage out of the room is not
				obstructed. A separate closet for each resident shall be provided. The closet
				and locker area shall not be counted as part of the available floor space. The
				beds shall be spaced at least three feet apart.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 14 - ASSISTED LIVING FACILITIES FOR ADULTS › Section 8.370.14.55 - TOILET AND BATHING FACILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
Toilet and bathing facilities shall be located appropriately
				  to meet the needs of residents.
A. A
				minimum of one toilet, one sink and one bathing unit shall be provided for
				every eight residents or fraction thereof.
(1)
				The facility shall provide at least one tub and one shower or combination unit
				to allow for residents bathing preference.
(2) Facilities with four or more residents
				shall provide a handicap accessible bathroom for every 30 residents that allows
				for a bathing preference.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 14 - ASSISTED LIVING FACILITIES FOR ADULTS › Section 8.370.14.56 - LIVING OR MULTIPURPOSE ROOM

Current through Register Vol. 35, No. 13, July 16, 2024
The facility shall provide a minimum of 40 square feet per
				  resident for common living, dining and social spaces.
A. The facility shall have a living or
				multipurpose room for the use of the residents. Such rooms shall be provided
				with reading lamps, tables and chairs or couches. These furnishings shall be
				well constructed, comfortable and in good repair.
B. The living room or multipurpose rooms
				shall be provided with supplies to meet the varied interests and needs of the
				residents.
C. Each activity room
				shall have a window area of at least one tenth of the floor area with a minimum
				of at least ten square feet.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 14 - ASSISTED LIVING FACILITIES FOR ADULTS › Section 8.370.14.57 - MEETING ROOM

Current through Register Vol. 35, No. 13, July 16, 2024
The facility shall have adequate meeting rooms and office
				  space for use by staff and the interdisciplinary care team. Other rooms may
				  serve as meeting rooms, provided resident confidentiality is
				  maintained.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 14 - ASSISTED LIVING FACILITIES FOR ADULTS › Section 8.370.14.58 - DINING AREA

Current through Register Vol. 35, No. 13, July 16, 2024
A. A dining
				area shall be provided for meals. Each dining area shall be designed and have
				furnishings to meet the individual needs of the residents.
(1) Facilities with 60 or fewer residents
				shall have tables and chairs in the dining area to accommodate the total number
				of residents in one sitting.
(2)
				Facilities with more than 60 residents shall provide seating for at least 60
				residents at one time, but may serve meals in shifts to accommodate the total
				capacity of the facility.
(a) No more than
				three shifts are permitted for each meal.
(b) Facilities with more than 60 residents
				and serving meals in shifts must have other social areas for residents to
				congregate during the meal service.
(c) All seating arrangements during meals
				shall allow clear access to the exits.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 14 - ASSISTED LIVING FACILITIES FOR ADULTS › Section 8.370.14.59 - WINDOWS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each sleeping
				room shall be provided with an exterior window.
(1) The window shall be operable, screened
				and have a clear operable area of 5.7 square feet minimum; measured 20 inches
				wide minimum and measured 24 inches high minimum.
(2) The top of the window sill shall not be
				more than 44 inches above the finished floor.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 14 - ASSISTED LIVING FACILITIES FOR ADULTS › Section 8.370.14.60 - FIRE CLEARANCE AND INSPECTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Written documentation of a facility's
				compliance with applicable fire prevention codes shall be obtained from the
				state fire marshal's office or the fire prevention authority with jurisdiction
				and shall be submitted to the licensing authority prior to the issuance of an
				initial license.
B. The facility
				shall request an annual fire inspection from the local fire prevention
				authorities. If the policy of the local fire department does not provide an
				annual inspection of the facility, the facility will document the date the
				request was made and to whom and then contact licensing authorities. If the
				local fire prevention authorities do make annual inspections, a copy of the
				latest inspection must be kept on file in the facility.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 14 - ASSISTED LIVING FACILITIES FOR ADULTS › Section 8.370.14.61 - FIRE ALARMS, SMOKE DETECTORS AND OTHER EQUIPMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Fire alarm system.
Facilities
				with four or more residents shall have a manual fire alarm system. The manual
				fire alarm shall be inspected and approved in writing by the fire authority
				with jurisdiction.
B.
Smoke
				and heat detection.
Approved smoke detectors shall be installed on each
				floor that when activated provides an alarm which is audible in all sleeping
				areas. Areas of assembly, such as the dining and living room(s) must also be
				provided with smoke detectors.
(1) Detectors
				shall be powered by the house electrical service and have battery
				backup.
(2) Construction of new
				facilities or facilities remodeling or replacing existing smoke detectors shall
				provide detectors in common living areas and in each sleeping room.
(3) Smoke detectors shall be installed in
				corridors at no more than 30 foot spacing.
(4) Heat detectors shall be installed in all
				kitchens and also powered by the house electrical service.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 14 - ASSISTED LIVING FACILITIES FOR ADULTS › Section 8.370.14.62 - AUTOMATIC FIRE PROTECTION (SPRINKLER) SYSTEM

Current through Register Vol. 35, No. 13, July 16, 2024
Facilities with nine or more residents shall have an
				  automatic fire protection (sprinkler) system. The system shall be in accordance
				  with NFPA 13 or NFPA 13D or its subsequent replacement as
				  applicable.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 14 - ASSISTED LIVING FACILITIES FOR ADULTS › Section 8.370.14.63 - FIRE EXTINGUISHERS

Current through Register Vol. 35, No. 13, July 16, 2024
Fire extinguisher(s) must be located in the facility, as
				  approved by the state fire marshal or the fire prevention authority with
				  jurisdiction.
A. Facilities must as a
				minimum have two 2A10BC fire extinguishers:
(1) one extinguisher located in the kitchen
				or food preparation area;
(2) one
				extinguisher centrally located in the facility;
(3) all fire extinguishers shall be inspected
				yearly and recharged as needed; all fire extinguishers must be tagged noting
				the date of the inspection;
(4) the
				maximum distance between fire extinguishers shall be 50 feet.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 14 - ASSISTED LIVING FACILITIES FOR ADULTS › Section 8.370.14.64 - FIRE SAFETY EQUIVALENCY SYSTEM RATING

Current through Register Vol. 35, No. 13, July 16, 2024
In facilities without a sprinkler system; the fire safety
				  equivalency system shall be conducted at least annually. The facility shall
				  maintain an evacuation rating score of prompt when a fire safety equivalency
				  system is required.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 14 - ASSISTED LIVING FACILITIES FOR ADULTS › Section 8.370.14.65 - FIRE DRILLS

Current through Register Vol. 35, No. 13, July 16, 2024
All facilities shall conduct monthly fire drills which are to
				  be documented.
A. There shall be at
				least one documented fire drill per month and at a minimum, one documented fire
				drill each eight hours (day, evening, night) per quarter that employs the use
				of the fire alarm system or the detector system in the facility.
B. A record of the monthly fire drills shall
				be maintained on file in the facility and readily available. Fire drill records
				shall show:
(1) the date of the
				drill;
(2) the time of the
				drill;
(3) the number of staff
				participating in the drill;
(4) any
				problem noted during the drill; and
(5) the evacuation time in total
				minutes.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 14 - ASSISTED LIVING FACILITIES FOR ADULTS › Section 8.370.14.66 - STAFF AND RESIDENT FIRE AND SAFETY TRAINING

Current through Register Vol. 35, No. 13, July 16, 2024
A. All staff of the facility shall know the
				location and the proper use of fire extinguishers and the other procedures to
				be followed in case of fire or other emergencies. The facility should request
				the local fire prevention authority to give periodic instructions in the use of
				fire prevention and techniques of evacuation.
B. Facility staff shall be instructed as part
				of their duties to constantly strive to detect and eliminate potential safety
				hazards, such as loose handrails, frayed electrical cords, blocked exits or
				exitways and any other condition which could cause burns, falls, or other
				personal injury to the residents or staff.
C. Each new resident admitted to the facility
				shall be given an orientation tour of the facility to include the location of
				the exits, fire extinguishers and telephones and shall be instructed in the
				actions to be taken in case of fire or other emergencies.
D.
Fire drill procedures:
The
				facility must conduct at least one fire drill each month.
(1) Fire drills shall be held at different
				times of the day, evening and night.
(2) The fire alarm system or detector system
				in the facility shall be used in the fire drills. During the night, the fire
				drill alarm may be silenced.
(3)
				During the fire drills, emphasis shall be placed upon orderly evacuation under
				proper discipline rather than upon speed.
(4) A record of the conducted fire drills
				shall be maintained on file in the facility. The record shall show the date and
				time of the drill, the number of personnel participating in the drill, any
				problem(s) noted during the drill and the evacuation time in total
				minutes.
(5) The local fire
				department may be requested to supervise and participate in the fire
				drills.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 14 - ASSISTED LIVING FACILITIES FOR ADULTS › Section 8.370.14.67 - SMOKING

Current through Register Vol. 35, No. 13, July 16, 2024
A. Smoking by
				residents and staff shall take place only in supervised areas designated by the
				facility and approved by the state fire marshal or local fire prevention
				authorities. Smoking shall not be allowed in a kitchen or food preparation
				area.
B. All designated smoking
				areas shall be provided with suitable ashtrays that are not made of combustible
				material.
C. Residents shall not be
				permitted to smoke in bed.
D.
				Smoking shall not be permitted where oxygen is in use, is present or is
				stored.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 14 - ASSISTED LIVING FACILITIES FOR ADULTS › Section 8.370.14.68 - HOSPICE

Current through Register Vol. 35, No. 13, July 16, 2024
An assisted living facility that provides or coordinates
				  hospice care and services shall meet the requirements in this section, in
				  addition to the rules applicable to all assisted living facilities, 8.370.14
				  NMAC.
A.
Definitions:
in
				addition to the requirements for all assisted living facilities pursuant to
				"definitions," 8.370.14.7 NMAC, the following definitions shall also apply.
(1)
"Hospice agency"
means an
				organization, company, for-profit or non-profit corporation or any other entity
				which provides a coordinated program of palliative and supportive services for
				physical, psychological, social and the option of spiritual care of terminally
				ill people and their families. The services are provided by a medically
				directed interdisciplinary team in the person's home and the agency is required
				to be licensed pursuant to 8.370.19 NMAC.
(2)
"Hospice care"
means a focus
				on palliative, rather than curative care. The goal of the plan of care is to
				help the patient live as comfortably as possible, with emphasis on eliminating
				or decreasing pain and other uncomfortable symptoms.
(3)
"Licensed assisted living
				provider"
means a facility that provides 24 hour assisted living and is
				licensed by the health care authority.
(4)
"Hospice services"
means a
				program of palliative and supportive services which provides physical,
				psychological, social and spiritual care for terminally ill patients and their
				family members.
(5)
"Care
				coordination requirements"
means a written document that outlines the
				care and services to be provided by the hospice agency for assisted living
				residents that require hospice services.
(6)
"Palliative care"
means a
				form of medical care or treatment that is intended to reduce the severity of
				disease symptoms, rather than to reverse progression of the disease itself or
				provide a cure.
(7)
"Terminally ill"
means a diagnosis by a physician for a patient
				with a prognosis of six months or less to live.
(8)
"Visit notes"
means the
				documentation of the services provided for hospice residents and includes
				ongoing care coordination.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 14 - ASSISTED LIVING FACILITIES FOR ADULTS › Section 8.370.14.69 - MEMORY CARE UNITS

Current through Register Vol. 35, No. 13, July 16, 2024
An assisted living facility that provides a memory care unit
				  to serve residents with dementia shall comply with the provisions of subsection
				  A-J below in addition to the rules applicable to all assisted living
				  facilities, 8.370.14 NMAC.
A.
Additional definitions:
The following definitions, in addition to
				those in 8.370.14.7 NMAC, shall apply.
(1)
"Alzheimer's"
means a brain disorder that destroys brain cells,
				causing problems with memory, thinking and behavior that are severe enough to
				affect work, lifelong hobbies or social life. Alzheimer's gets progressively
				worse and is fatal.
(2)
"Care
				coordination agreement requirement"
means a written document that
				outlines the care and services that are provided by other outside agencies for
				assisted living residents that require additional care and services.
(3)
"Dementia"
means loss of
				memory and other mental abilities severe enough to interfere with daily life.
				It is caused by changes in the brain.
(4)
"Memory care unit"
means an
				assisted living facility or part of or an assisted living facility that
				provides added security, enhanced programming and staffing appropriate for
				residents with a diagnosis of dementia, Alzheimer's disease or other related
				disorders causing memory impairments and for residents whose functional needs
				require a specialized program.
(5)
"Secured environment"
means locked (secured/monitored)
				doors/fences that restrict access to the public way for residents who require a
				secure unit.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 14 - ASSISTED LIVING FACILITIES FOR ADULTS › Section 8.370.14.70 - INCORPORATED AND RELATED RULES AND CODES

Current through Register Vol. 35, No. 13, July 16, 2024
The facilities that are subject to this rule are also subject
				  to other rules, codes and standards that may, from time to time, be amended.
				  This includes the following:
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,
				8.370.3 NMAC.
C. Adjudicatory
				hearings for licensed facilities, New Mexico health care authority, 8.370.2
				NMAC.
D. Caregiver's criminal
				history screening requirements, 8.370.5 NMAC.
E. Employee abuse registry 8.370.8
				NMAC.
F. Incident reporting, intake
				processing and training requirements 8.370.9 NMAC.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 15 - GENERAL REQUIREMENTS FOR BOARDING HOMES › Section 8.370.15.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
These requirements apply to public or private boarding homes
				  which come within the statutory definition of "health facilities" as set out in
				  Subsection F of Section 24-1-2 NMSA 1978 Public Health Act and that are
				  required to be licensed by the state licensing authority. This rule applies to
				  all boarding homes facilities which receive lodging for compensation and are
				  operated to provide assistance with one or more instrumental activities of
				  daily living or with the coordination of community services to residents who do
				  not need the level of services and supervision provided in a skilled nursing
				  facility, intermediate care facility, assisted living facility, nor a general
				  or special hospital or other institution. This rule does not apply to boarding
				  homes under the control of an institution of higher learning, any facility
				  which is otherwise licensed and regulated by the authority, any hotel, other
				  landlord tenant relationship or homeless shelter.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 15 - GENERAL REQUIREMENTS FOR BOARDING HOMES › Section 8.370.15.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The requirements set forth herein are promulgated under
				  Subsection E of Section 9-86, NMSA 1978, as amended and the authority granted
				  under Subsections F and J of Sections 24-1-2 and 24-1-3 respectively and
				  24-1-5, NMSA 1978, of the Public Health Act as amended. Section 9-8-1 et seq.
				  NMSA 1978 establishes the health care authority (authority) as a single,
				  unified department to administer laws and exercise functions relating to health
				  care purchasing and regulation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 15 - GENERAL REQUIREMENTS FOR BOARDING HOMES › Section 8.370.15.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 2024, unless a later date is specified 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 15 - GENERAL REQUIREMENTS FOR BOARDING HOMES › Section 8.370.15.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Establish
				standards for licensing boarding home facilities for adults in order to ensure
				the health, safety, and welfare of individuals in need of such
				services.
B. Encourage the
				establishment and maintenance of boarding home facilities for adults that
				provide a humane, safe and homelike environment for elderly, disabled, or other
				persons who need personal care services and supervision, but who do not need
				institutional residential care or assistance with activities of daily
				living.
C. Establish standards for
				the construction, maintenance and operation of boarding home
				facilities.
D. Regulate such
				facilities in providing the appropriate level of care for residents and using
				supportive services in the surrounding community to meet the needs of
				residents.
E. Provide for boarding
				home compliance with these requirements through surveys to identify any areas
				that could be dangerous or harmful to the health, safety, or welfare of the
				residents and staff.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 15 - GENERAL REQUIREMENTS FOR BOARDING HOMES › Section 8.370.15.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Abuse"
				means
(1) knowingly, intentionally and
				without justifiable cause inflicting physical pain, injury or mental anguish,
				and includes sexual abuse and verbal abuse; or
(2) the intentional deprivation by a
				caretaker or other person of services necessary to maintain the mental and
				physical health of a person, or injury, sexual abuse, or neglect resulting in
				harm of an individual resident.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 15 - GENERAL REQUIREMENTS FOR BOARDING HOMES › Section 8.370.15.8 - 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 compliance. "May" means permissive
				  compliance. The words "adequate", "proper", and other similar words mean the
				  degree of compliance that is generally accepted throughout the professional
				  field by those who provide services to the public in
				  facilities.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 15 - GENERAL REQUIREMENTS FOR BOARDING HOMES › Section 8.370.15.9 - SCOPE OF SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
A. General
				scope of services: These regulations apply to non-medical boarding homes that
				are required to be licensed under the public health act by the authority to
				provide residential placement to individuals seeking assistance with
				instrumental activities of daily living or assistance with accessing or the
				coordination of community services who may have been discharged from any mental
				or behavioral health care institution. Individuals who need assistance with one
				or more activities of daily living or who need a higher level of services and
				supervision provided in a skilled nursing facility, intermediate care facility,
				assisted living facility, a general or special hospital or other institution,
				shall not be placed in a boarding home.
B. Licensure is required:
(1) No boarding home as defined in Subsection
				H of 8.370.15.7 NMAC may operate in New Mexico unless it is licensed in
				accordance with the requirements of the authority.
(2) Any boarding home providing services
				described in these regulations that is in operation on the effective date of
				these regulations must apply for licensure within 30 days of the effective
				date.
(3) If an unlicensed boarding
				home is found to be providing services for which a license is required under
				these regulations or other health facility regulations, the secretary may issue
				a cease-and-desist order, to protect human health or safety or
				welfare.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 15 - GENERAL REQUIREMENTS FOR BOARDING HOMES › Section 8.370.15.10 - GENERAL LICENSING REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Application and requirements for
				licensure:
(1) All applications shall be made
				on forms provided by the licensing authority.
(a) All information requested on the
				application must be provided.
(b)
				The application must be dated and signed by the person who shall be the
				licensee or, if the applicant is an organization, then the individual signing
				the application on behalf of the organization must have the authority to sign
				for the organization.
(c) The
				application must be notarized.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 15 - GENERAL REQUIREMENTS FOR BOARDING HOMES › Section 8.370.15.11 - ACTION BY THE AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. After
				receiving a complete application, the authority shall investigate the applicant
				to determine the applicant's ability to comply with these
				regulations.
B. Within 60 days
				after receiving a complete application for a license, the authority shall
				either approve the application and issue a license or deny the application. If
				the application for a license is denied, the authority shall give the applicant
				reasons, in writing, for the denial.
C. The licensing authority shall not issue a
				new license if the applicant has had a health facility license revoked or
				denied renewal or has surrendered a license under threat of revocation or
				denial of renewal, or has lost certification as a medicaid provider as a result
				of violations of applicable medicaid requirements. The licensing authority may
				refuse to issue a new license if the applicant has been cited repeatedly for
				violations of applicable regulations found to be class "A" or class "B"
				deficiencies as defined in health facility sanctions and civil monetary
				penalties, 8.370.4 NMAC, or has been noncompliant with plans of
				correction.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 15 - GENERAL REQUIREMENTS FOR BOARDING HOMES › Section 8.370.15.12 - TYPES OF LICENSE

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 boarding home
				which has met all requirements of these regulations. If a temporary license is
				issued, once the authority has issued a written determination of full
				compliance with these regulations, an annual license will be issued with the
				renewal date of the annual license based upon the initial date of the first
				temporary license.
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.
(1)
				A temporary license shall cover a period of time, not to exceed 120
				days.
(2) In accordance with
				Subsection D of Section 24-1-5 NMSA 1978, no more than two consecutive
				temporary licenses shall be issued.
(3) a temporary license prior to the initial
				survey, or when the licensing authority finds partial compliance with these
				regulations and the following:
(a) submitted a
				license application, with required supporting documents;
(b) has met all of the applicable life safety
				code requirements; and
(c) its
				program description has been reviewed for compliance with these
				regulations;
(d) a statement from
				the applicant that they are qualified, in full compliance with these
				regulations and has requested an initial health survey from the licensing
				authority.
(4) a
				temporary license is not guaranteed under these regulations and shall be
				limited and restricted to:
(a) a finding that
				the applicant is qualified and in full compliance with these
				requirements;
(b) the boarding home
				being allowed to accept residents and provide care services, subject to any
				requirements and restrictions attached to the temporary license.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 15 - GENERAL REQUIREMENTS FOR BOARDING HOMES › Section 8.370.15.13 - SCOPE OF LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The license
				is issued only for the premises and the persons named in the license
				application and may not be transferred or assigned by the licensee.
B. The license shall state any applicable
				restrictions, including maximum bed capacity and the level of care that may be
				provided, and any other limitations that the authority considers appropriate
				and necessary taking all facts and circumstances into account.
C. A licensee shall fully comply with all
				requirements and restrictions of the license.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 15 - GENERAL REQUIREMENTS FOR BOARDING HOMES › Section 8.370.15.14 - SEPARATE LICENSES

Current through Register Vol. 35, No. 13, July 16, 2024
Separate licenses shall be required for boarding homes which
				  are maintained on separate premises even though they are under the same
				  management. Separate licenses shall not be required for separate buildings on
				  the same legal lot of record, multiple buildings on contiguous legal lots of
				  record, or contiguous campus or condominium units within the same
				  ownership.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 15 - GENERAL REQUIREMENTS FOR BOARDING HOMES › Section 8.370.15.15 - LICENSE RENEWAL

Current through Register Vol. 35, No. 13, July 16, 2024
A. A licensee
				must submit a renewal application, electronically, if available, or on forms
				authorized by the licensing authority, along with the required license fee at
				least 30 days prior to expiration of the current license. The applicant shall
				certify that the boarding home complies with all applicable state and federal
				regulations in force at the time of renewal. The authority reserves the right
				to require that a renewal applicant provide all additional documents, including
				any necessary proof of current compliance by licensee with these regulations
				and all applicable state and federal statutes and regulations, as part of its
				license renewal application for the authority to determine whether the
				applicant and the boarding home are in full compliance with these
				regulations.
B. Upon receipt of the
				renewal application and the required fee, the licensing authority will issue a
				new license effective the day following the date of expiration of the current
				license, if the boarding home is in substantial compliance with these
				regulations and all other applicable state and federal regulations.
C. If the existing license expires and the
				licensee has failed to submit a renewal application, the authority may charge
				the applicant a civil monetary penalty of $200, in accordance with Section
				24-1-5.2 NMSA 1978, as amended, providing that during such time the boarding
				home remains in full compliance with these regulations. If the boarding home
				does not renew its license and continues to operate without paying civil
				monetary penalties and without being in full compliance with these regulations,
				the boarding home shall cease operations until it obtains a new license through
				the initial licensure procedures and shall still be required to pay civil
				monetary penalties. Under Section 24-1-5 NMSA 1978, as amended, no boarding
				home shall be operated without a license and any such failure may subject the
				operators to various sanctions and legal remedies, including at a minimum the
				imposition of civil monetary penalties.
D. It shall be the sole responsibility and
				liability of the licensee to be aware of the status, term and renewal date of
				its license. The licensing authority shall not be responsible to notify the
				boarding home of the renewal date or the expiration date of the boarding home's
				license.
E. After issuance of the
				initial license, if the boarding home is in substantial compliance with these
				regulations and provides an application and fee the boarding home may be issued
				a license renewal.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 15 - GENERAL REQUIREMENTS FOR BOARDING HOMES › Section 8.370.15.16 - POSTING

Current through Register Vol. 35, No. 13, July 16, 2024
The license or a certified copy thereof shall be
				  conspicuously posted in a location accessible to public view within the
				  boarding home.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 15 - GENERAL REQUIREMENTS FOR BOARDING HOMES › Section 8.370.15.17 - REPORT OF CHANGES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The licensee
				shall notify the authority in writing of any changes in the information
				provided, within 10 days of such changes. This notification shall include
				information and documentation regarding such changes.
B. When a change of manager occurs, the
				authority shall be notified within 10 days in writing by the licensee. Such
				writing shall include the name and license number of the new manager.
C. Each licensee shall notify the authority
				within 10 days in writing of any change of the mailing address of the licensee.
				Such writing shall include the new mailing address of the licensee.
D. When a change in the principal officer of
				a corporate license (chairman, president, general manager) occurs the authority
				shall be notified within 10 days in writing by the licensee. Such writing shall
				include the name and business address of such officer.
E. Any decrease or increase in licensed bed
				capacity of the boarding home shall require notification by letter to the
				authority and shall result in the issuance of a corrected license.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 15 - GENERAL REQUIREMENTS FOR BOARDING HOMES › Section 8.370.15.18 - NON-TRANSFERABLE RESTRICTION ON LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
A. A license granted under these regulations
				is not transferable to any other owner, whether an individual or legal entity,
				or to another location. The authority shall not guarantee or be liable for or
				responsible for guaranteeing the transfer of the license to any other owner or
				other location. The existing license shall be void and must be returned to the
				licensing authority when any one of the following situations occurs:
(1) any ownership interest of the boarding
				home changes;
(2) the boarding home
				changes location;
(3) the licensee
				of the boarding home changes;
(4)
				the boarding home discontinues operation; or.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 15 - GENERAL REQUIREMENTS FOR BOARDING HOMES › Section 8.370.15.19 - CHANGE OF OWNERSHIP

Current through Register Vol. 35, No. 13, July 16, 2024
An individual or entity wishing to purchase and continue
				  operation of an already licensed boarding home shall:
A. Submit a new application for an initial
				license in accordance with these regulations at least 60 days prior to the
				anticipated change. The authority has the sole discretion to determine if it
				will issue a license under the same terms and conditions of the existing
				license.
B. The current owners will
				submit a letter citing the intended termination of current ownership, a closure
				plan and a request for a change of ownership to the licensing authority no
				later than 60 days prior to the date of sale.
C. The new owners shall complete and submit a
				new license application and transition plan. The license application and
				transition plan must be submitted to the licensing authority no later than 60
				days prior to the date of sale. The new owners must provide a letter agreeing
				to assume all liabilities to the state and provide the following as described
				in the initial licensure procedures section of these regulations:
(1) letter of intent;
(2) license application and fee;
(3) program description;
(4) transition plan; and
(5) policies and procedures or a statement
				that the new owners are utilizing previously approved policies and
				procedures.
(6) Transition plan
				with timelines, that must include the following:
(a) process for the reassessment of
				residents;
(b) process for hiring
				boarding home staff and staffing plan identifying staff that will cover all
				duties upon transition; and
(c)
				execution of transfer agreements between the buyer and seller.
(7) Failure by any individual or
				entity to apply for and obtain a new license while continuing to operate under
				these regulations, shall be considered in violation of these regulations and
				the secretary may issue a cease-and-desist order, to protect human health or
				safety or welfare. The unlicensed boarding home may request a hearing that
				shall be held in the manner provided under these regulations and all other
				applicable regulations.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 15 - GENERAL REQUIREMENTS FOR BOARDING HOMES › Section 8.370.15.20 - AUTOMATIC EXPIRATION OF LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
A existing license will automatically expire at midnight on
				  the day indicated on the license as the expiration date, unless it is renewed
				  sooner, or it has been suspended or revoked.
A. If a boarding home discontinues operation,
				is sold, leased or otherwise changes any ownership interest or changes
				location, the existing license shall automatically expire at midnight on the
				date of such action.
B. Failure by
				any owner or new owner to apply for a renewal or new license, while continuing
				to operate under these regulations, shall be considered a violation and subject
				to the imposition of civil monetary penalties, sanctions or other actions for
				operating without a license, allowed under these regulations and all other
				applicable statutes and regulations.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 15 - GENERAL REQUIREMENTS FOR BOARDING HOMES › Section 8.370.15.21 - PROGRAM FLEXIBILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. All
				facilities shall maintain compliance with the licensee requirements. If the use
				of alternate concepts, methods, procedures, techniques, equipment, personnel
				qualifications or the conducting of pilot projects conflicts with requirements,
				then prior written approval from the authority shall be obtained in order to
				ensure provisions for safe and adequate care. Such approval shall provide for
				the terms and conditions under which the exception is granted. A written
				request and substantiating evidence supporting the request shall be submitted
				by the applicant or licensee to the authority.
B. Any approval of the authority granted
				under this section, or a certified copy thereof shall be posted immediately
				adjacent to the boarding home's license.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 15 - GENERAL REQUIREMENTS FOR BOARDING HOMES › Section 8.370.15.22 - WAIVERS AND VARIANCES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Variances and waivers: At the licensing authority's sole discretion, an
				applicant or licensee may be granted variances and waivers of these
				regulations, provided the granting of such variance or waiver shall not
				jeopardize the health, safety or welfare of the boarding home's residents and
				staff and is not in violation of other applicable state and federal statutes
				and regulations. Variances and waivers are non-transferrable. Waivers and
				variances may be revoked at the discretion of the licensing authority due to
				changes in state or federal regulations, or change of circumstances that may
				jeopardy the health, safety or welfare of residents.
(1) All variances shall be in writing,
				attached to the license. A variance is made at the discretion of the licensing
				authority to allow a boarding home to deviate from a portion(s) or to modify a
				provision of this rule for an unspecified period of time, unless otherwise
				limited, and provided that the health, safety, or welfare of the residents and
				staff are not in danger. All variances shall expire upon remodel of the
				facility or change of ownership.
(2) All waivers shall be in writing, attached
				to the license, is made at the discretion of the licensing authority to allow a
				boarding home to deviate from a portion(s) or to modify a provision of this
				rule for a limited and specified period of time, and shall be limited to the
				term of the license. Upon renewal of a license, waivers shall only be extended
				or continued at the sole discretion of the licensing authority.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 15 - GENERAL REQUIREMENTS FOR BOARDING HOMES › Section 8.370.15.23 - UNLICENSED FACILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
Any person or entity that opens or maintains a non-medical
				  boarding home without a license is subject to the imposition of civil monetary
				  penalties by the licensing authority. Failure to comply with the licensure
				  requirements of this rule within 10 days of notice by the licensing authority
				  may result in the following actions pursuant to health facility sanctions and
				  civil monetary penalties, 8.370.4 NMAC:
A. A civil monetary penalty not to exceed
				$5,000 per day.
B. A base civil
				monetary penalty, plus a per-day civil monetary penalty, plus the doubling of
				penalties as applicable, that continues until the facility is in compliance
				with the licensing requirements in this rule.
C. A cease and desist order to discontinue
				operation of a boarding home that is operating without a license.
D. Criminal penalties that may apply and
				shall be imposed as necessary.
E.
				If it is determined that the boarding home is operating outside the scope of
				this license it will be deemed operating as an unlicensed boarding home and
				will be required to obtain the required applicable boarding home
				licensure.