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 10 - ABUSE, NEGLECT, EXPLOITATION, AND DEATH REPORTING, TRAINING AND RELATED REQUIREMENTS FOR COMMUNITY PROVIDERS › Section 8.370.10.10 - ACCESS AND COOPERATION TO FACILITATE AUTHORITY INCIDENT INVESTIGATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The authority
				will conduct incident investigations of community-based service providers
				subject to these requirements. These investigations may be either announced or
				unannounced.
B. All community-based
				service providers programs shall facilitate immediate physical or in-person
				access, and assist with scheduling of interviews, by authority personnel
				investigating incidents to all of the providers:
(1) formal and informal records, regardless
				of media, including but not limited to, financial records, all consumer
				records, individual service plans, volunteer and personnel records, board and
				or committee minutes, incident reports, quality assurance activities, client
				satisfaction surveys, and agency policy and procedures manuals;
(2) employees and volunteers with knowledge
				of the incident;
(3) necessary
				clients currently receiving services, guardians, representatives, and family
				members with knowledge of the incident; and
(4) administrative and service delivery
				sites.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 10 - ABUSE, NEGLECT, EXPLOITATION, AND DEATH REPORTING, TRAINING AND RELATED REQUIREMENTS FOR COMMUNITY PROVIDERS › Section 8.370.10.11 - CONSEQUENCES OF COMMUNITY-BASED SERVICE PROVIDER NON-COMPLIANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The authority
				may sanction a community-based service provider in accordance with applicable
				law if the community-based service provider fails to report incidents of abuse,
				neglect, exploitation, suspicious injury, or any death; fails to provide or
				maintain evidence of an existing incident management system and employee and
				volunteer training documentation as set forth by this rule; for any failure to
				adequately protect consumers from abuse, neglect or exploitation; or for any
				other violation of this rule.
B.
				Such sanctions may include a directed plan of correction, intermediate
				sanctions, or civil monetary penalty up to $5,000 per instance, or high level
				sanctions up to and including termination or non-renewal of any provider
				agreement with the authority or other governmental agency.
C. All substantiated incident investigations
				conducted by the authority hold the community-based service provider
				responsible for the actions of the employee, volunteer, or contractor with the
				following exception: any employee, volunteer, or contractor found to have
				caused the abuse, neglect, or exploitation of a consumer shall be found
				individually responsible independent of the community-based service provider
				when the community-based service provider has complied with all requirements of
				this rule, and the employee acts outside of the provider's system. When this
				occurs, the individual shall be subject to the Employee Abuse Registry Act,
				Sections 29-27-1 through 29-27-8 NMSA 1978, or referred to the appropriate
				professional licensing board and law enforcement where appropriate.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 10 - ABUSE, NEGLECT, EXPLOITATION, AND DEATH REPORTING, TRAINING AND RELATED REQUIREMENTS FOR COMMUNITY PROVIDERS › Section 8.370.10.12 - NOTIFICATION OF INVESTIGATION RESULTS

Current through Register Vol. 35, No. 13, July 16, 2024
The division will inform the provider, the guardian, or
				  alleged victim, the case manager or consultant, the developmental disabilities
				  supports division regional office, and the reporter of the conclusion reached
				  by the investigator(s) when the report is final. The responsible provider must
				  notify the alleged perpetrator.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 10 - ABUSE, NEGLECT, EXPLOITATION, AND DEATH REPORTING, TRAINING AND RELATED REQUIREMENTS FOR COMMUNITY PROVIDERS › Section 8.370.10.13 - INFORMAL RECONSIDERATION OF FINDINGS

Current through Register Vol. 35, No. 13, July 16, 2024
A. An aggrieved person or provider agency may
				request an informal reconsideration of findings (IRF) of a decision made by the
				division regarding a substantiation of abuse, neglect, or exploitation in
				accordance with the provisions set forth in this section.
B. A request for an IRF must be submitted in
				writing along with all relevant evidence to be considered by the bureau within
				10 calendar days of the date of the letter of substantiation. The bureau may
				reverse the substantiation at any time at or before the IRF review.
C. Informal reconsideration of findings
				process.
(1) The person conducting the review
				shall be neutral and have no direct involvement with the investigation or
				substantiation.
(2) The person
				conducting the IRF shall issue a written decision within 30 days of the review,
				giving the reason why the substantiation, by preponderance of evidence, is
				modified, affirmed, or reversed. The written decision will be mailed to the
				aggrieved party and placed in the case record no later than the
				30th day after receipt of the request for the
				IRF.
(3) The decision by the person
				conducting the IRF is final and non-appealable except as otherwise provided for
				by law.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 10 - ABUSE, NEGLECT, EXPLOITATION, AND DEATH REPORTING, TRAINING AND RELATED REQUIREMENTS FOR COMMUNITY PROVIDERS › Section 8.370.10.14 - CONFIDENTIALITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. In the case of
				substantiated cases of abuse, neglect, or exploitation, the written report may
				be shared publicly upon request and subject to all other applicable federal and
				state laws and regulations. Unsubstantiated incident investigation reports
				shall not be shared publicly in relation to any accused person or provider
				other than to confirm that an allegation of abuse, neglect, or exploitation was
				unsubstantiated.
B. All consumer
				information reviewed or obtained in the course of an investigation of a
				community-based service provider is confidential in accordance with all
				applicable federal and state laws and regulations and with all applicable
				contract provisions. If the consumer's identity may not be sufficiently
				de-identified even after redaction, then the report may not be released except
				upon the request of that consumer or their legally authorized
				representative.
C. Other
				confidential information includes, but is not limited to: identity of the
				reporter of the alleged abuse, neglect, and exploitation if confidentiality is
				requested, personnel records, dates of birth, driver's license numbers, social
				security numbers, personal addresses, and telephone numbers, the
				community-based service provider's internal incident investigation, if any is
				received by the authority, financial documents, and proprietary business
				information.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 10 - ABUSE, NEGLECT, EXPLOITATION, AND DEATH REPORTING, TRAINING AND RELATED REQUIREMENTS FOR COMMUNITY PROVIDERS › Section 8.370.10.15 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If any provision or application of 8.370.10NMAC is held
				  invalid, the remainder, or its application to other situations or persons,
				  shall not be affected.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 11 - LONG-TERM CARE FACILITY DEMENTIA TRAINING › Section 8.370.11.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Health Care Authority.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 11 - LONG-TERM CARE FACILITY DEMENTIA TRAINING › Section 8.370.11.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
These regulations apply to any long-term care facility and
				  long-term care facility contractor in the state of New Mexico or licensed by
				  the New Mexico health care authority, division of health
				  improvement.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 11 - LONG-TERM CARE FACILITY DEMENTIA TRAINING › Section 8.370.11.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The regulations set forth herein are promulgated by the
				  secretary of the health care authority by authority of Subsection E of Section
				  9-8-6 NMSA 1978, Section 24-17B-1 through Section 24-17B-4 NMSA 1978. The
				  division of health improvement of the health care authority (authority) shall
				  administer and enforce these regulations. Section 9-8-1 et seq. NMSA 1978
				  establishes the health care authority as a single, unified department to
				  administer laws and exercise functions relating to health care facility
				  licensure and 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 11 - LONG-TERM CARE FACILITY DEMENTIA TRAINING › Section 8.370.11.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 2024, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 11 - LONG-TERM CARE FACILITY DEMENTIA TRAINING › Section 8.370.11.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The regulations establish policy, standards, and criteria
				  relating to: the educational and certification requirements, issuing of
				  certifications, and continuing education of persons who provide direct care
				  service to long-term care facility residents in order to maintain or improve
				  the health and qualify of life of the residents.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 11 - LONG-TERM CARE FACILITY DEMENTIA TRAINING › Section 8.370.11.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Act"
shall mean the Long-Term Care Facility Dementia Training Act
				Section 24-17B-1, et seq NMSA 1978.
B.
"Certificate"
shall mean the
				training certificate issued by the provider of training pursuant to 8.370.11
				NMAC and the Long-Term Care Facility Dementia Training Act Section 24-17B-1, et
				seq NMSA 1978.
C.
"Continuing
				education"
means participation in a formal learning experience of which
				the course topics have been approved by the authority as set forth in
				8.370.11.9 NMAC.
D. "
Direct
				care service"
means services provided to long-term care facility
				residents that maintain or improve the health and quality of life of the
				residents.
E.
"Direct care
				service staff member"
means a person:
(1) employed by or contracted with a
				long-term care facility, either directly or through a third-party agreement, to
				provide in-person direct care services to long-term care facility residents;
				or
(2) contracted with a long-term
				care facility, either directly or through a third-party agremeent, to provide
				at least 10 hours per week in direct care services by video, audio or
				telephonic means.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 11 - LONG-TERM CARE FACILITY DEMENTIA TRAINING › Section 8.370.11.8 - TRAINING REQUIREMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Every
				direct care service staff member shall complete the requirements for and obtain
				certification as provided in 8.370.11.9 NMAC.
B. Every direct care service staff member is
				required to complete the training and written examination set forth in
				8.370.11.9 NMAC pursuant to the following requirements:
(1) if hired after January 1, 2022, shall
				complete the training required within 60 days of the start of
				employment;
(2) if hired prior to
				January 1, 2022, shall complete the training required if the direct care
				service staff member has not received training in the past 24 months equivalent
				to the training set forth in 8.370.11.9 NMAC within 60 days of January 1,
				2022;
(3) if the direct care
				service staff member had successfully obtained a training certificate but has
				had a lapse of dementia-related direct care service employment for 24
				consecutive months or more then the direct care service staff member shall
				complete the training and examination set forth in 8.370.11.9 NMAC within 60
				days of the start of employment.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 11 - LONG-TERM CARE FACILITY DEMENTIA TRAINING › Section 8.370.11.10 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If any part or application of the long-term care facility
				  dementia training regulation is held invalid, the remainder or its application
				  to other situations or persons shall not be affected.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 12 - REQUIREMENTS FOR ACUTE CARE, LIMITED SERVICES AND SPECIAL HOSPITALS › Section 8.370.12.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Health Care Authority.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 12 - REQUIREMENTS FOR ACUTE CARE, LIMITED SERVICES AND SPECIAL HOSPITALS › Section 8.370.12.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
These requirements apply to public and private hospitals as
				  defined in Section 8.370.12.7 of these requirements.
Facilities that are specifically exempt under Subsection D of
				  Section 24-1-2, NMSA 1978, from being treated as hospitals for purposes of
				  regulation under Section 24-1-5, NMSA 1978, and these requirements, are
				  physicians' clinics and offices, nursing homes, as well as health centers and
				  correctional institutions that are operated by the state.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 12 - REQUIREMENTS FOR ACUTE CARE, LIMITED SERVICES AND SPECIAL HOSPITALS › Section 8.370.12.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The requirements set forth herein are promulgated by the
				  secretary of the health care authority, pursuant to the general authority
				  granted under Subsection E of Section 9-8-6 NMSA 1978, as amended and the
				  authority granted under Subsection D of Section 241-2, Subsection I of Section
				  24-1-3, and Section 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 facility licensure and 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 12 - REQUIREMENTS FOR ACUTE CARE, LIMITED SERVICES AND SPECIAL HOSPITALS › Section 8.370.12.5 - 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 12 - REQUIREMENTS FOR ACUTE CARE, LIMITED SERVICES AND SPECIAL HOSPITALS › Section 8.370.12.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Establish
				standards for licensing hospitals in order to ensure that hospital patients
				receive adequate care and treatment and that the health and safety of patients
				and hospital employees are protected.
B. Establish standards for the construction,
				maintenance and operation of hospitals.
C. Regulate such hospitals in providing the
				appropriate level of care for patients.
D. Provide for hospital compliance with these
				requirements through surveys to identify any areas that could be dangerous or
				harmful to the health, safety, or welfare of the patients and staff.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 12 - REQUIREMENTS FOR ACUTE CARE, LIMITED SERVICES AND SPECIAL HOSPITALS › Section 8.370.12.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Abuse"
means injury, sexual misuse, or neglect resulting in harm
				of an individual patient.
B.
"Acute-care hospital"
means a hospital providing emergency
				services, in-patient medical and nursing care for acute illness, injury,
				surgery or obstetrics; ancillary services such as pharmacy, clinical
				laboratory, radiology, and dietary are required for acute-care
				hospitals.
C.
"Allied health
				personnel"
means persons who are not physicians, podiatrists,
				psychologists or dentists who may be admitted to practice in the hospital
				through the medical staff credentialing process, and includes:
(1)
"licensed independent
				practitioner"
means an advanced practice professional registered nurse
				permitted by law to provide care without direction or supervision within the
				scope of the individual's license and consistent with individually granted
				privileges; this includes certified nurse midwives, certified nurse
				practitioners and clinical nurse specialists;
(2)
"certified registered nurse
				anesthetist"
means an advanced practice professional registered nurse
				permitted by law to provide anesthesia care; in an interdependent role as a
				member of a health care team in which medical care of the patient is directed
				by a medical physician, osteopathic physician, dentist or podiatrist licensed
				in the state of New Mexico; the certified registered nurse anesthetist shall
				collaborate with the medical physician, osteopathic physician, dentist or
				podiatrist concerning the anesthesia care or the patient; collaboration means
				the process in which each health care provider contributes their respective
				expertise;
(3)
"physician
				assistant"
means a person licensed as a physician assistant by the New
				Mexico board of medical examiners, pursuant to Section 61-6-6, NMSA 1978.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 12 - REQUIREMENTS FOR ACUTE CARE, LIMITED SERVICES AND SPECIAL HOSPITALS › Section 8.370.12.8 - REQUIRED LICENSURE BY THE AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Procedures applicable after January 1, 2003:
This section addresses the requirements of Section 24-1-5.8 NMSA 1978 (2003)
				  and applies to local communities in which an acute-care hospital or a limited
				  services hospital applies to be licensed or becomes initially licensed by the
				  authority at any time after January 1, 2003.
A. No hospital may operate in New Mexico
				unless it is licensed in accordance with the requirements of the New Mexico
				health care authority.
B. The
				authority shall issue a license to an acute-care hospital or a limited services
				hospital that meets the requirements of this rule and agrees to:
(1) continuously maintain and operate an
				emergency department that provides emergency medical services as defined in
				Section 8.370.12.38 NMAC; and
(2)
				when applicable, participate in the medicare, medicaid and county indigent care
				programs; and
(3) require a
				physician owner to disclose and document in the patient's medical record a
				financial interest in the hospital before referring a patient to the
				hospital.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 12 - REQUIREMENTS FOR ACUTE CARE, LIMITED SERVICES AND SPECIAL HOSPITALS › Section 8.370.12.9 - 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 hospital that has met all requirements of these
				requirements.
B.
"Temporary
				license":
the licensing authority may, at its sole discretion, issue a
				temporary license prior to the initial state licensing survey, or when the
				licensing authority finds partial compliance with these requirements.
(1) A temporary license shall cover a period
				of time, not to exceed 120 days, during which the facility must correct all
				specified deficiencies.
(2) In
				accordance with Subsection D of Section 24-1-5 NMSA 1978, no more than two
				consecutive temporary licenses shall be issued.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 12 - REQUIREMENTS FOR ACUTE CARE, LIMITED SERVICES AND SPECIAL HOSPITALS › Section 8.370.12.10 - LICENSE RENEWAL

Current through Register Vol. 35, No. 13, July 16, 2024
A. The licensee
				must submit a renewal application on forms provided by the licensing authority,
				along with the required fee prior to the expiration of the current
				license.
B. Upon receipt of the
				renewal application and the required fee prior to expiration of current
				license, the licensing authority will issue a new license effective the day
				following the date of expiration of the current license if the facility is in
				substantial compliance with these requirements.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 12 - REQUIREMENTS FOR ACUTE CARE, LIMITED SERVICES AND SPECIAL HOSPITALS › Section 8.370.12.11 - POSTING

Current through Register Vol. 35, No. 13, July 16, 2024
The license, or a copy thereof, shall be conspicuously posted
				  in a location accessible to public view within the hospital.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 12 - REQUIREMENTS FOR ACUTE CARE, LIMITED SERVICES AND SPECIAL HOSPITALS › Section 8.370.12.12 - NON-TRANSFERABLE REGISTRATION OF LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
A license shall not be transferred by assignment or otherwise
				  to other persons or locations. The license shall be void and must be returned
				  to the licensing authority when any one of the following situations
				  occur:
A. ownership of the hospital
				changes;
B. the facility changes
				location;
C. the licensee of the
				hospital changes; or
D. the
				hospital discontinues operation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 12 - REQUIREMENTS FOR ACUTE CARE, LIMITED SERVICES AND SPECIAL HOSPITALS › Section 8.370.12.13 - EXPIRATION OF LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
A license will expire at midnight on the day indicated on the
				  license as the expiration date, unless sooner renewed, suspended, or revoked,
				  or:
A. on the day a facility
				discontinues operation; or
B. on
				the day a facility is sold, leased, or otherwise changes ownership or licensee;
				or
C. on the day a facility changes
				location.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 12 - REQUIREMENTS FOR ACUTE CARE, LIMITED SERVICES AND SPECIAL HOSPITALS › Section 8.370.12.14 - SUSPENSION OF LICENSE WITHOUT PRIOR HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
In accordance with Subsection H of Section 24-1-5 NMSA 1978,
				  if the licensing authority determines immediate action is required to protect
				  human health and safety, the licensing authority may suspend a license. A
				  hearing must be held in accordance with the regulations governing adjudicatory
				  hearings, New Mexico health care authority, 8.370.2 NMAC.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 12 - REQUIREMENTS FOR ACUTE CARE, LIMITED SERVICES AND SPECIAL HOSPITALS › Section 8.370.12.15 - GROUNDS FOR REVOCATION OR SUSPENSION OF LICENSE, DENIAL OF INITIAL OR RENEWAL APPLICATION FOR LICENSE, OR IMPOSITION OF INTERMEDIATE SANCTIONS OR CIVIL MONETARY PENALTIES

Current through Register Vol. 35, No. 13, July 16, 2024
A license may be denied, revoked or suspended, or
				  intermediate sanctions or civil monetary penalties may be imposed after notice
				  and opportunity for a hearing for any of the following reasons:
A. failure to comply with any provisions of
				these requirements;
B. failure to
				allow survey by authorized representatives of the licensing
				authority;
C. permitting any person
				while active in the operation of a facility licensed pursuant to these
				requirements to be impaired by the use of prescribed or non-prescribed drugs,
				including alcohol;
D.
				misrepresentation or falsification of any information provided to the licensing
				authority;
E. the discovery of
				repeat violations of these requirements during surveys; or
F. the failure to provide the required care
				and services as outlined by these requirements.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 12 - REQUIREMENTS FOR ACUTE CARE, LIMITED SERVICES AND SPECIAL HOSPITALS › Section 8.370.12.16 - HEARING PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. An
				applicant or licensee subject to an adverse action may request an
				administrative appeal.
B. Hearing
				procedures for an administrative appeal of an adverse action taken by the
				licensing authority against the hospital as outlined in Section 14 and 15 above
				will be held in accordance with adjudicatory hearings, New Mexico health care
				authority, 8.370.2 NMAC.
C. A copy
				of the adjudicatory hearing procedures will be furnished to the hospital at the
				time an adverse action is taken against the licensee by the licensing
				authority. A copy may be requested at any time by contacting the licensing
				authority.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 12 - REQUIREMENTS FOR ACUTE CARE, LIMITED SERVICES AND SPECIAL HOSPITALS › Section 8.370.12.17 - WAIVERS AND VARIANCES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Applications.
All applications for the grant of a waiver or
				variance shall be made in writing to the licensing authority, specifying the
				following:
(1) the rule from which the waiver
				or variance is requested;
(2) the
				time period for which the waiver or variance is requested;
(3) if the request is for a variance, the
				specific alternative action which the facility proposes;
(4) the reasons for request; and
(5) an explanation of why the health, safety,
				and welfare of the residents or staff are not endangered by the
				condition.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 12 - REQUIREMENTS FOR ACUTE CARE, LIMITED SERVICES AND SPECIAL HOSPITALS › Section 8.370.12.18 - GOVERNING BODY

Current through Register Vol. 35, No. 13, July 16, 2024
A.
General requirements:
The hospital shall have an effective
				governing body, which is legally responsible for the management and provision
				of all hospital services, maintenance of the hospital services and the quality
				thereof.
B.
Responsibilities.
				by-laws:
The governing body shall adopt by-laws. The by-laws shall be in
				writing and shall be available to all members of the governing body as well as
				the public. The by-laws shall:
(1) stipulate
				the basis upon which members are selected, their terms of office and their
				duties and requirements;
(2)
				specify to whom responsibilities for operation and maintenance of the hospital,
				including evaluation of hospital practices, may be delegated, and the methods
				established by the governing body for holding these individuals
				responsible;
(3) require a
				physician owner or other provider to disclose to the patient or the patient's
				representative and document for the patient's medical record a financial
				interest in the hospital before referring a patient to the hospital;
(4) provide for the designation of officers,
				if any, their terms of office and their duties, and for the organization of the
				governing body;
(5) specify the
				frequency with which meetings shall be held;
(6) allow for the organization of committees,
				either standing or ad hoc, to assist the board in carrying out their
				responsibilities;
(7) provide for
				the appointment of members of the medical staff; during periods of routine
				operation, and during disaster and emergency; and
(8) provide mechanisms for the formal
				approval of the organization, by-laws and rules of the medical staff.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 12 - REQUIREMENTS FOR ACUTE CARE, LIMITED SERVICES AND SPECIAL HOSPITALS › Section 8.370.12.20 - CHIEF EXECUTIVE OFFICER/ ADMINISTRATOR

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Appointment
: The hospital
				shall be directed by a chief executive officer/administrator. The chief
				executive officer/administrator shall be appointed by the governing body, shall
				be responsible for the management of the hospital and shall provide liaison
				among the governing body, medical staff, nursing services and other services of
				the hospital.
B.
QualificationZ:
The chief executive officer/ administrator shall:
(1) be a college or university graduate from
				an accredited college or university, with three years of experience in a health
				care facility; or
(2) possess a
				college or university graduate degree in hospital, health care administration,
				or an advanced degree such as an MPH or an MBA with a health concentration;
				or
(3) have been hired and be
				acting in the capacity of the facility's chief executive officer/ administrator
				before the effective date of these requirements.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 12 - REQUIREMENTS FOR ACUTE CARE, LIMITED SERVICES AND SPECIAL HOSPITALS › Section 8.370.12.21 - EMPLOYEE HEALTH

Current through Register Vol. 35, No. 13, July 16, 2024
The hospital shall have an employee health program under the
				  direction of a physician, an authorized licensed independent practitioner or
				  professional registered nurse, which shall include.
A.
Post hiring health screen:
A
				post hiring health screening shall be required for all employees and persons
				who will have frequent and direct contact with patients. The assessment shall
				be completed and the results known prior to the assumption of duties by persons
				who will have direct contact with patients. The screening shall include:
(1) a health history, including a history of
				communicable diseases and immunizations;
(2) a PPD tuberculin skin test and, if
				necessary, a chest roentgenogram to determine whether disease is present,
				unless medically contra-indicated.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 12 - REQUIREMENTS FOR ACUTE CARE, LIMITED SERVICES AND SPECIAL HOSPITALS › Section 8.370.12.22 - INFECTION CONTROL

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Program.
The hospital shall have an infection control program
				designed to reduce the number of infections, including nosocomial infections,
				within the hospital.
B.
Program approval:
(1) Purpose:
				The governing body or medical staff shall approve an infection control program
				to carry out surveillance and investigation of infections in the hospital and
				to implement measures designed to reduce these infections to the extent
				possible.
(2) Responsibilities: The
				infection control program shall:
(a) establish
				techniques and systems for discovering and isolating infections occurring in
				the hospital;
(b) establish written
				infection control policies and procedures, which govern the use of aseptic
				technique and procedures in all areas of the hospital;
(c) establish a method of control used in
				relation to the sterilization of supplies and solutions; there shall be a
				written policy requiring identification of sterile items and specified time
				periods in which sterile items shall be reprocessed;
(d) establish policies specifying when
				employees or persons providing contractual services with infections or
				contagious conditions, including carriers of infectious organisms, shall be
				relieved from, or reassigned duties, until there is evidence that the disease
				or condition poses no significant risk to others;
(e) at least annually assess effectiveness of
				the infection control process; and
(f) establish effective guidelines for the
				disposition of infectious materials in accordance with the local, state and
				federal guidelines.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 12 - REQUIREMENTS FOR ACUTE CARE, LIMITED SERVICES AND SPECIAL HOSPITALS › Section 8.370.12.23 - QUALITY IMPROVEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Responsibility of the governing body:
The governing body shall
				ensure that the hospital has a written quality improvement program for
				monitoring, evaluating and improving the quality of patient care and the
				ancillary services in the hospital on an on-going basis. The program shall
				promote the most effective and efficient use of available health facilities and
				services consistent with patient needs and professionally recognized standards
				of health care.
B.
Responsibilities of the chief executive officer/ administrator and the
				chief of the medical Staff.
As part of the quality improvement program,
				the chief executive officer/administrator and chief of the medical staff shall
				ensure that:
(1) the hospital's quality
				improvement program is implemented and evaluated for effectiveness for all
				patient care and all services;
(2)
				the findings of the program are incorporated into a well defined method of
				assessing staff performance in relation to patient care and the provision of
				services; and
(3) program findings,
				actions and results of the hospital's quality improvement program are reported
				to the chief executive officer/administrator, chief of medical staff and
				governing body not less than annually.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 12 - REQUIREMENTS FOR ACUTE CARE, LIMITED SERVICES AND SPECIAL HOSPITALS › Section 8.370.12.24 - UTILIZATION MANAGEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Plan:
Every hospital shall have in operation a written utilization
				management plan designed to ensure that quality patient care is provided in the
				most appropriate manner. The plan should address potential over and under
				utilization as well as the efficient use of resources for patients.
(1) Description of plan. T he written
				utilization management plan shall include at a minimum at least the following:
(a) a delineation of the responsibilities and
				authority of those involved in the performance of utilization management
				activities, including utilization management personnel, administrative
				personnel, and, when applicable, any qualified outside organization contracting
				to perform review activities specified in the plan;
(b) a conflict of interest statement stating
				that reviews may not be conducted by any person who has a proprietary interest
				in any hospital or by any person who was professionally involved in the care of
				the patient whose case is being reviewed;
(c) a confidentiality policy applicable to
				all utilization management activities, including any findings and
				recommendations;
(d) a description
				of the process by which the hospital identifies and resolves utilization
				related problems, including the appropriateness and medical necessity of
				admissions, continued stays, and supportive services, as well as delays in the
				provision of supportive services; and
(e) the following activities shall be
				incorporated into the process: analysis of profiles and patterns of care,
				feedback of results of profile analysis to the medical staff, documentation of
				specific actions taken to correct aberrant practice patterns or other
				utilization management problems, and evaluation of the effectiveness of action
				taken.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 12 - REQUIREMENTS FOR ACUTE CARE, LIMITED SERVICES AND SPECIAL HOSPITALS › Section 8.370.12.25 - DISASTER AND EMERGENCY MANAGEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Plan:
Each hospital shall have in operation a written plan for
				disaster and emergency management developed with the involvement of the
				hospital's executive, medical, and nursing staff and designed to ensure that
				each hospital is prepared to provide effective and efficient response to
				disasters and emergencies occurring in the community directly served by each
				hospital and in neighboring communities in New Mexico and adjacent states.
(1) Description of plan: The written plan for
				disaster and emergency management shall:
(a)
				identify the responsibilities and authorities of those involved in the conduct
				of disaster and emergency management activities within the hospital, including
				the responsibility and authority of chief executive officer of the hospital for
				the activation of the plan;
(b) be
				consistent with the concepts, principles, standards, guidelines, and
				terminology of the national response plan and the national incident management
				system;
(c) be coordinated with the
				local emergency operations plan, or the metropolitan medical response system
				plan, of the community directly served and with the New Mexico state all-hazard
				emergency operations plan;
(d)
				address the natural, accidental, negligent, and intentional hazards, identified
				through a hazard vulnerability analysis, to which the hospitals may be expected
				to respond;
(e) provide for
				direction, planning, education, training, exercise, drill, staff qualification
				and certification, equipment acquisition and certification, resource
				management, communications and information management, and ongoing management,
				improvement and maintenance;
(f)
				describe the direct responses of the hospital to disaster and emergency
				occurring in the community directly served by the hospital, the overflow and
				back-up responses of the hospital to disaster and emergency occurring in
				neighboring communities not directly served, and the efforts of the hospital in
				support organized and sponsored health professional disaster and emergency
				volunteer teams.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 12 - REQUIREMENTS FOR ACUTE CARE, LIMITED SERVICES AND SPECIAL HOSPITALS › Section 8.370.12.26 - MEDICAL STAFF

Current through Register Vol. 35, No. 13, July 16, 2024
A.
General requirements:
(1)
				Organization and Accountability: The hospital shall have a medical staff
				organized under by-laws approved by the governing body. The medical staff shall
				be responsible to the governing body of the hospital for the quality of all
				medical care provided patients in the hospital and for the ethical and
				professional practices of its members.
(2) Responsibility of members: Members of the
				medical staff shall comply with medical staff and hospital policies. The
				medical staff by-laws shall prescribe disciplinary procedures for infraction of
				hospital and medical staff policies by members of the medical staff. There
				shall be evidence that the disciplinary procedures are applied where
				appropriate.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 12 - REQUIREMENTS FOR ACUTE CARE, LIMITED SERVICES AND SPECIAL HOSPITALS › Section 8.370.12.27 - NURSING SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Requirement:
The hospital shall provide a 24-hour nursing service,
				supervised by a professional registered nurse, and have a licensed practical
				nurse or professional registered nurse on duty at all times.
B.
Administration:
(1) The nursing services shall be directed by
				a professional registered nurse with appropriate education and experience to
				direct the service. A professional registered nurse with administrative
				authority shall be designated to act in the absence of the director of the
				nursing services. Appropriate administrative staffing shall be provided on all
				shifts.
(2) There shall be a
				written plan showing the flow of authority throughout the nursing service, with
				delineation of the responsibilities and duties of each category of nursing
				staff.
(3) The delineation of
				responsibilities and duties for each category of the nursing staff shall be in
				the form of a written job description for each category.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 12 - REQUIREMENTS FOR ACUTE CARE, LIMITED SERVICES AND SPECIAL HOSPITALS › Section 8.370.12.28 - DIETARY SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
The hospital shall provide a 24-hour dietary service or
				  contract for a 24-hour dietary services which meets the requirements of this
				  section, and which shall provide meals and other nutritional care to its
				  patients. The dietary service shall be integrated with other services of the
				  hospital.
A.
Administrative.
(1) There shall
				be written policies and procedures for food storage, preparation and service
				and clinical aspects developed by the dietitian.
(2) There shall be a qualified person serving
				as full-time director of the service who shall be responsible for the daily
				management aspects of the service.
(3) The dietitian shall participate in the
				nutritional aspects of patient care by means that include assessing the
				nutritional status of patients, instructing patients, recording diet histories,
				interpreting and integrating therapeutic principles, participating
				appropriately in patient rounds and conferences, and recording in medical
				records and sharing specialized knowledge with others on the medical
				team.
(4) There shall be written
				job descriptions for all dietary employees.
(5) The dietitian shall be responsible for
				maintaining a current diet manual for therapeutic diets, approved jointly by
				the dietitian and a qualified member of the medical staff. The dietetic manual
				shall be developed on recognized current therapeutic practices. The dietitian
				shall recommend this manual to a qualified member of the medical staff for
				approval for use in the facility. All changes must be submitted to a qualified
				member of the medical staff for approval prior to inclusion in the
				manual.
(6) There shall be an in
				service training program for dietary employees which shall include instruction
				in proper storage, preparation and serving food, safety, appropriate personal
				hygiene and infection control.
(7)
				A menu cycle shall be available and posted. Substitutions of equal nutritional
				value are acceptable and shall be noted. The hospital must keep for 30 days a
				record of each menu as served.
(8)
				A hospital that contracts for its dietary services shall be in compliance with
				this section if the contracted services meets all applicable rules of this
				section.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 12 - REQUIREMENTS FOR ACUTE CARE, LIMITED SERVICES AND SPECIAL HOSPITALS › Section 8.370.12.29 - PHARMACY SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Organization:
(1) Pharmacy: The
				hospital pharmacy including pharmaceuticals contained in disaster and emergency
				caches held by the hospital, shall be supervised by a designated
				pharmacist-in-charge who is employed part-time or full-time. If employed
				part-time, the pharmacist shall visit the facility at least every 72
				hours.
(2) Other storage: If there
				is no pharmacy, prelabeled, prepackaged medications shall be stored in, and
				distributed from, an automated medication management system, which is under the
				supervision of the pharmacist-in-charge.
(3) Pharmacist accountability: The
				pharmacistin-charge shall have appropriate administrative oversight and shall
				prepare a pharmacy policy and procedure manual that shall be reviewed and
				updated at least annually.