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 15 - GENERAL REQUIREMENTS FOR BOARDING HOMES › Section 8.370.15.60 - RESIDENT ROOMS

Current through Register Vol. 35, No. 13, July 16, 2024
Resident bedrooms must meet, at a minimum, the following
				  requirements:
A. A boarding home shall
				not exceed the resident (bed) capacity approved by the licensing authority. Any
				beds or bedrooms provided for boarding home staff are not included in the
				approved bed capacity.
B. No
				resident bedroom shall be used as a public or general passageway to another
				room, bath or toilet. Resident rooms must connect directly to a hallway or
				other common area of the boarding home.
C. No room commonly used for other purposes
				shall be used as a bedroom for any resident. Such rooms shall include but not
				be limited to halls, stairways, unfinished attics or basements, garages,
				storage areas, and sheds, or similar detached buildings.
D. Resident rooms may be private (single),
				semi-private or dormitory style sleeping room. Required square footage excludes
				any closets or fixed cabinetry.
(1) Private
				(single) rooms must be of a minimum room size of 70 square feet or as otherwise
				required by the authority having jurisdiction.
(2) Semiprivate rooms may not house more than
				two residents and shall provide 60 square feet per resident or as otherwise
				required by the authority having jurisdiction.
(3) Dormitory rooms shall be of a minimum
				room size of 150 square feet and must provide 50 square feet per occupant with
				a maximum occupancy of eight or as otherwise required by the authority having
				jurisdiction.
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 8.370.15.61 - TOILETS, LAVATORIES AND BATHING FACILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. General requirements: The number of and
				location of toilets, lavatories and bathing facilities shall be provided and
				installed in accordance with the New Mexico commercial building code,
				international building code (IBC), current edition as adopted by the New Mexico
				construction industries division and local building codes, as applied by the
				authority having jurisdiction.
(1) All toilet
				rooms must be provided with a lavatory for hand washing.
(2) All toilets must be kept supplied with
				toilet paper.
(3) All lavatories
				for hand washing must be kept supplied with disposable towels for hand drying,
				a mechanical blower or individual hand towel hooks or bars for each resident's
				hand towel.
(4) A minimum of one
				toilet, one lavatory and one bathing unit (tub, shower, or combo unit) shall be
				provided for every eight residents or fraction thereof.
(5) If a boarding home has live-in staff, a
				separate toilet, hand washing, and bathing facility for staff must be
				provided.
(6) Facilities with four
				or more residents shall provide one handicap accessible bathroom or as required
				by the New Mexico commercial building code, international building code (IBC),
				current edition as adopted by the New Mexico construction industries division
				and local building codes, as applied by the authority having
				jurisdiction.
(7) Toilets and
				bathrooms shall be located near resident bedrooms.
(8) Individual privacy shall be provided in
				all toilet, bath and shower areas.
(9) Lavatories and bathing units shall have
				hot and cold water available. Hot water shall not exceed 110
				degrees.
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 8.370.15.62 - LAUNDRY SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
A. General
				requirements: A boarding home shall provide laundry services, either on the
				premises or through a laundromat or commercial laundry and linen service.
(1) On-site laundry facilities shall be
				located in areas separate from the resident units and shall be provided with
				necessary washing and drying equipment.
(2) Soiled laundry shall be kept separate
				from clean laundry, unless the laundry facility is provided for resident use
				only.
(3) Soiled laundry shall not
				be stored in the kitchen or dining areas. The building design and layout shall
				ensure the separation of laundry room from kitchen and dining areas.
(4) Boarding home laundry supplies and
				cleaning supplies shall not be kept in the same storage areas used for the
				storage of foods and clean storage.
(5) All linens and bedding shall be changed
				as needed or when a new resident is to occupy the bed.
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 8.370.15.63 - PLUMBING SYSTEMS; WATER AND WASTE DISPOSAL

Current through Register Vol. 35, No. 13, July 16, 2024
All plumbing systems including water supply and sewer systems
				  shall be in accordance with latest adopted editions of the New Mexico
				  commercial building code, international building code (IBC), New Mexico
				  plumbing code, New Mexico mechanical code current edition as adopted by the New
				  Mexico construction industries division and local building codes, as applied by
				  the authority having jurisdiction and local building codes.
A.
Water:
A boarding home
				licensed pursuant to these regulations must be provided with an adequate supply
				of water that is of a safe and sanitary quality suitable for domestic use.
(1) If the water supply is not obtained from
				an approved public system, the private water system must be inspected, tested,
				and approved by the New Mexico environment department prior to licensure. It is
				the facility's responsibility to ensure that subsequent periodic testing or
				inspection of such private water systems be made at intervals prescribed by the
				New Mexico environment department or recognized authority.
(2) Hot and cold running water under pressure
				must be distributed at sufficient pressure to operate all fixtures and
				equipment during maximum demand periods.
(3) Water distribution systems are arranged
				to provide hot water at each hot water outlet at all times.
(4) Hot water for hand washing and bathing
				facilities must not exceed 120 degrees F.
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 8.370.15.64 - ELECTRICAL POWER AND LIGHTING STANDARDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. All electrical equipment and installation
				shall comply with the New Mexico commercial building code, international
				building code (IBC), New Mexico electrical code, current edition as adopted by
				the New Mexico construction industries division and local building codes, as
				applied by the authority having jurisdiction.
B. Lighting shall be provided at all spaces
				occupied by people, machinery, or equipment within buildings, approaches to
				buildings, and parking lots.
C.
				Emergency lighting shall be provided which will activate automatically upon
				disruption of electrical services.
(1)
				Facilities with four or more residents shall have emergency lighting to light
				exit passageways and the exterior area near the exits that activates
				automatically upon disruption of electrical service.
(2) Facilities with three or fewer residents
				shall have a flashlight that is immediately available for use in lieu of
				electrically interconnected emergency lighting.
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 8.370.15.65 - HEATING, VENTILATION, AND AIR-CONDITIONING

Current through Register Vol. 35, No. 13, July 16, 2024
A. Heating, ventilation, air-conditioning,
				piping, boilers, and furnaces must be installed and maintained to meet all
				requirements of the New Mexico commercial building code, international building
				code (IBC), New Mexico plumbing, mechanical and electrical codes, current
				edition as adopted by the New Mexico construction industries division and local
				building codes, as applied by the authority having jurisdiction.
(1) The heating, ventilation and
				air-conditioning system must be able to maintain interior temperatures in all
				rooms used by residents, staff or visitors with interior temperatures between
				65 degrees Fahrenheit and 78 degrees Fahrenheit year-round.
(2) The use of non-vented heaters, open flame
				heaters or portable heaters is prohibited.
(3) An ample supply of outside air must be
				provided in all spaces where fuel fired boilers, furnaces, or heaters are
				located to assure proper combustion.
(4) All fuel fired boilers, furnaces, or
				heaters must be connected to an approved venting system to take the products of
				combustion directly to the outside air.
(5) All gas-fired heating equipment must be
				provided with a one hundred percent automatic cutoff control valve in event of
				pilot failure.
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 8.370.15.66 - FIRE SAFETY SYSTEMS AND COMPLIANCE

Current through Register Vol. 35, No. 13, July 16, 2024
All Boarding homes shall comply with the current applicable
				  requirements of the state fire marshal, or local fire authority having
				  jurisdiction, for fire prevention, safety, and fire safety systems. All
				  equipment shall be properly maintained and inspected as recommended by the
				  manufacturer, state fire marshal, or the local fire authority.
A. Fire clearance and inspections: Each
				boarding home must request from the state fire marshal, or local fire authority
				having jurisdiction, an annual fire inspection. Records of inspection shall be
				kept on file in the boarding home.
(1) Copies
				of the fire inspection records must be kept on file at the boarding home for
				the following:
(a) fire
				extinguishers;
(b) smoke and fire
				alarm systems;
(c) automatic
				detection equipment, including carbon monoxide detectors;
(d) kitchen hoods with fire
				suppression;
(e) automatic fire
				suppression systems, and
(f) other
				fire safety equipment.
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 8.370.15.67 - INCORPORATED AND RELATED 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 but not limited to the following:
A. Health facility licensure fees and
				procedures, health care authority, 8.370.3 NMAC.
B. Health facility sanctions and civil
				monetary penalties, health care authority, 8.370.4 NMAC.
C. Adjudicatory hearings for licensed
				facilities, 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.
G. New Mexico Administrative Code, Title 14
				Housing and Construction, chapters 5 through 12.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 16 - REQUIREMENTS FOR LONG TERM CARE FACILITIES › Section 8.370.16.1 - 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 16 - REQUIREMENTS FOR LONG TERM CARE FACILITIES › Section 8.370.16.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Services for
				residents shall be provided on a continuing 24 hour basis and shall maintain or
				improve physical, mental and psychosocial well-being under plan of care
				developed by a physician or other licensed health professional and shall be
				reviewed and revised based on assessment.
B. All facilities licensed as nursing homes
				pursuant to Subsection A of Section 24-15 NMSA 1978, are subject to all
				provisions of these regulations.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 16 - REQUIREMENTS FOR LONG TERM CARE FACILITIES › Section 8.370.16.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The regulations set forth herein are promulgated pursuant to
				  the general authority granted under Subsection E of Section 9-8-6 NMSA 1978;
				  and the authority granted under Subsection D of Section 241-2 NMSA 1978,
				  Subsection I of Section 24-1-3 NMSA 1978 and 241-5 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 16 - REQUIREMENTS FOR LONG TERM CARE FACILITIES › Section 8.370.16.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 2024, unless a different date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 16 - REQUIREMENTS FOR LONG TERM CARE FACILITIES › Section 8.370.16.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Establish
				minimum standards for long term care facilities in the state of New
				Mexico.
B. Monitor long term care
				facilities with these regulations through surveys to identify any areas which
				could be dangerous or harmful to the residents or staff.
C. Encourage the maintenance of long term
				care facilities that will provide quality services which maintain or improve
				the health and quality of life to the residents.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 16 - REQUIREMENTS FOR LONG TERM CARE FACILITIES › Section 8.370.16.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
For purposes of these regulations the following shall
				  apply:
A.
Definitions beginning
				with "A":
(1)
"Abuse
"
				means any act or failure to act performed intentionally, knowingly, or
				recklessly that causes or is likely to cause harm to a resident, including but
				not limited to:
(a) Physical contact that
				harms or is likely to harm a resident of a care facility.
(b) Inappropriate use of physical restraint,
				isolation, or medication that harms or is likely to harm a resident.
(c) Inappropriate use of a physical or
				chemical restraint, medication or isolation as punishment or in conflict with a
				physician's order.
(d) Medically
				inappropriate conduct that causes or is likely to cause physical harm to a
				resident.
(e) Medically
				inappropriate conduct that causes or is likely to cause great psychological
				harm to a resident.
(f) An unlawful
				act, a threat or menacing conduct directed toward a resident that results and
				might reasonably be expected to result in fear or emotional or mental distress
				to a resident.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 16 - REQUIREMENTS FOR LONG TERM CARE FACILITIES › Section 8.370.16.8 - LICENSURE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Application/requirements for licensure:
(1)
				All initial 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;
(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 16 - REQUIREMENTS FOR LONG TERM CARE FACILITIES › Section 8.370.16.9 - 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 long term care
				facility which has met all requirements of these regulations.
B. Temporary license: The licensing authority
				may, at its sole discretion, issue a temporary license prior to the initial
				survey, or when the licensing authority finds partial compliance with these
				regulations.
(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 16 - REQUIREMENTS FOR LONG TERM CARE FACILITIES › Section 8.370.16.10 - SCOPE OF LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The licensed
				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 16 - REQUIREMENTS FOR LONG TERM CARE FACILITIES › Section 8.370.16.11 - SEPARATE LICENSES

Current through Register Vol. 35, No. 13, July 16, 2024
Separate licenses shall be required for facilities 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
				  ground or adjacent ground.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 16 - REQUIREMENTS FOR LONG TERM CARE FACILITIES › Section 8.370.16.12 - LICENSE RENEWAL

Current through Register Vol. 35, No. 13, July 16, 2024
A. Licensee
				must submit a renewal application on forms provided by the licensing authority,
				along with the required fee at least 30 days prior to expiration of the current
				license.
B. Upon receipt of renewal
				application and 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 regulations.
C. If a licensee fails to submit a renewal
				application with the required fee and the current license expires, the long
				term care facility shall cease operation until it obtains a new license through
				the initial licensure procedures. Subsection A of Section 24-1-5 NMSA 1978, as
				amended, provides that no health facility shall be operated without a
				license.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 16 - REQUIREMENTS FOR LONG TERM CARE FACILITIES › Section 8.370.16.13 - 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 or accessible to public view within the
				  facility.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 16 - REQUIREMENTS FOR LONG TERM CARE FACILITIES › Section 8.370.16.14 - 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 administrator 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
				administrator.
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 30 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 facility 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 16 - REQUIREMENTS FOR LONG TERM CARE FACILITIES › Section 8.370.16.15 - NON-TRANSFERABLE RESTRICTION ON LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
A license shall not be transferred by assignment or otherwise
				  to other persons or locations. The license shall be void and must be returned
				  to the licensing authority when any one of the following situations
				  occur:
A. Ownership of the facility
				changes.
B. The facility changes
				location.
C. Licensee of the
				facility changes.
D. The facility
				discontinues operation.
E. A
				facility wishing to continue operation as a licensed long term care facility
				under circumstances listed in 8.370.16.15 NMAC must submit an application for
				initial licensure in accordance with 8.370.16.8 NMAC of these regulations, at
				least 30 days prior to the anticipated change.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 16 - REQUIREMENTS FOR LONG TERM CARE FACILITIES › Section 8.370.16.16 - AUTOMATIC EXPIRATION OF LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
a license will automatically expire at midnight on the day
				  indicated on the license as the expiration date, unless sooner renewed,
				  suspended, or revoked, or:
A. On the
				day a facility discontinues operation.
B. On the day a facility is sold, leased, or
				otherwise changes ownership or licensee.
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 16 - REQUIREMENTS FOR LONG TERM CARE FACILITIES › Section 8.370.16.17 - 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 immediate action is required to protect human health and safety, the
				  licensing authority may suspend a license pending a hearing, provided such
				  hearing is held within five working days of the suspension, unless waived by
				  the licensee.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 16 - REQUIREMENTS FOR LONG TERM CARE FACILITIES › Section 8.370.16.18 - GROUNDS FOR REVOCATION OR SUSPENSION OF LICENSE, DENIAL OF INITIAL OR RENEWAL APPLICATION FOR LICENSE, OR IMPOSITION OF INTERMEDIATE SANCTIONS OR CIVIL MONETARY PENALTIES

Current through Register Vol. 35, No. 13, July 16, 2024
A license may be revoked or suspended, an initial or renewal
				  application for license may be denied, or intermediate sanctions or civil
				  monetary penalties may be imposed after notice and opportunity for a hearing,
				  for any of the following reasons:
A.
				Failure to comply with any provision of these regulations.
B. Failure to allow survey by authorized
				representatives of the licensing authority.
C. Any person active in the operation of a
				facility licensed pursuant to these regulations shall not be under the
				influence of alcohol or narcotics or convicted of a felony.
D. Misrepresentation of falsification of any
				information or application forms or other documents provided to the licensing
				authority.
E. Discovery of repeat
				violations of these regulations during surveys.
F. Failure to provide the required care and
				services as outlined by these regulations for the patients receiving care at
				the long term care facility.
G.
				Abuse, neglect or exploitation of any patient/client/ resident by facility
				operator, staff, or relatives or operator/staff.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 16 - REQUIREMENTS FOR LONG TERM CARE FACILITIES › Section 8.370.16.19 - HEARING PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Hearing
				procedures for an administrative appeal of an adverse action taken by the
				licensing authority against the long term care facility as outlined in
				8.370.16.17 NMAC and 8.370.16.18 NMAC will be held in accordance with
				adjudicatory hearings, New Mexico health care authority, 8.370.2
				NMAC.
B. A copy of the adjudicatory
				hearing procedures will be furnished to the long term care facility or agency
				at the time an adverse action is taken against its license 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 16 - REQUIREMENTS FOR LONG TERM CARE FACILITIES › Section 8.370.16.20 - 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 facility's license.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 16 - REQUIREMENTS FOR LONG TERM CARE FACILITIES › Section 8.370.16.21 - WAIVERS AND VARIANCES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Definitions: As used in this section:
(1)
				waiver: means the grant of an exemption from a requirement of these
				regulations;
(2) variance: means
				the granting of an alternate requirement in place of a requirement of these
				regulations.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 16 - REQUIREMENTS FOR LONG TERM CARE FACILITIES › Section 8.370.16.22 - RIGHTS OF RESIDENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Every resident shall have the right to:
A. Communications: Have private and
				unrestricted communications with the resident's family, physician, attorney and
				any other person, unless medically contraindicated as documented by the
				resident's physician in the resident's medical record, except that
				communications with public officials or with the resident's attorney shall not
				be restricted in any event. The right to private and unrestricted
				communications shall include, but is not limited to, the right to:
(1) Receive, send, and mail sealed, unopened
				correspondence. No resident's incoming or outgoing correspondence may be
				opened, delayed, held, or censored, except that a resident or guardian may
				direct in writing that specified incoming correspondence be opened, delayed, or
				held.
(2) Use a telephone for
				private communications during reasonable hours.
(3) Have private visiting pursuant to a
				reasonable written visitation policy.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 16 - REQUIREMENTS FOR LONG TERM CARE FACILITIES › Section 8.370.16.23 - COMPLAINTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Filing
				complaints: Any person may file a complaint with a licensee or the authority
				regarding the operation of a facility. Complaints may be made orally or in
				writing.
B. Reviewing complaints:
				Each facility shall establish a system of reviewing complaints and allegations
				of violations of resident's rights established under this section. The facility
				shall designate a specific individual who, for the purpose of effectuating this
				section, shall report to the administrator.
C. Reporting complaints: Allegations that
				residents' rights have been violated by persons licensed, certified or
				registered by any professional licensing board or designated authority shall be
				promptly reported by the facility to the appropriate licensing or examining
				board or authority and to the person against whom the allegation has been made.
				Any employee of the facility and any person licensed, certified, or registered
				by any professional licensing board or authority, may also report such
				allegations to the board.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 16 - REQUIREMENTS FOR LONG TERM CARE FACILITIES › Section 8.370.16.24 - COMMUNITY ORGANIZATION ACCESS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				In this section, "access" means the right to:
(1) enter any facility;
(2) seek a resident's agreement to
				communicate privately and without restriction with the resident;
(3) communicate privately and without
				restriction with any resident who does not object to
				communication.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 16 - REQUIREMENTS FOR LONG TERM CARE FACILITIES › Section 8.370.16.25 - HOUSING RESIDENTS IN LOCKED UNITS

Current through Register Vol. 35, No. 13, July 16, 2024
Definitions as used in this section:
A. Locked unit: means a ward, wing or room
				which is designated as a protected environment and is secured in a manner that
				prevents a resident from leaving the unit at will. A physical restraint applied
				to the body is not a locked unit. A facility locked for purposes of security is
				not a locked unit, provided that residents may exit at will. An alarmed unit
				does not constitute a locked unit.
B. Consent: means a written, signed request
				given without duress by a resident capable of understanding the nature of the
				locked unit, the circumstances of one's condition, and the meaning of the
				consent to be given.
(1) A resident or
				responsible party may give consent to reside in a locked unit.
(2) The consent shall be effective only for
				90 days from the date of the consent, unless revoked. Consent may be renewed
				for 90 day periods pursuant to this subsection.
(3) The consent may be revoked by the
				resident if competent or by legal guardian at any time. The resident shall be
				transferred to an unlocked unit promptly following revocation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 16 - REQUIREMENTS FOR LONG TERM CARE FACILITIES › Section 8.370.16.26 - ADMINISTRATOR/STATUTORY REFERENCE

Current through Register Vol. 35, No. 13, July 16, 2024
A nursing home shall be supervised by an administrator
				  licensed under the Nursing Home Administrators Act, Sections 61-13-16 through
				  6113-16 NMSA 1978. Supervision shall include, but not be limited to, taking all
				  reasonable steps to provide qualified personnel to assure the health, safety,
				  and right's of the residents.
A.
				Full-time administrator: Every nursing home shall be supervised full-time by an
				administrator licensed under the Nursing Home Administrators Act, except
				multiple facilities. If more than one nursing home or other licensed health
				care facility is located on the same or contiguous property, one full-time
				administrator may serve all the facilities.
B. Absence of administrator: A person present
				in and competent to supervise the facility shall be designated to be in charge
				whenever there is not an administrator in the facility, and shall be identified
				to all staff.
C. Change of
				administrator:
(1) Replacement of
				administrator: If it is necessary immediately to terminate an administrator, or
				if the licensee loses an administrator for other reasons, a replacement shall
				be employed or designated as soon as possible within days of vacancy.
(2) Temporary replacement: During any vacancy
				in the position of administrator, the licensee shall employ or designate a
				person competent to fulfill the functions of an administrator
				immediately.
(3) Notice of change
				of administrator: When the licensee loses an administrator, the licensee shall
				notify the authority within two authority working days of such loss and provide
				written notification to the authority of the name and qualifications of the
				person in charge of the facility during the vacancy; and the name and
				qualifications of the replacement administrator, when known.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 16 - REQUIREMENTS FOR LONG TERM CARE FACILITIES › Section 8.370.16.27 - EMPLOYEES

Current through Register Vol. 35, No. 13, July 16, 2024
In this section, "employee" means anyone directly employed by
				  the facility on other than a consulting or contractual basis.
A. Qualifications and restrictions: No person
				under 16 years of age shall be employed to provide direct care to
				residents.
B. Physical health
				certifications: Every new employee shall be certified in writing by a physician
				as having been screened for tuberculosis infection and provide a statement of
				medical evidence that they are currently free from communicable disease prior
				to beginning work.
C. Disease
				surveillance and control: Facilities shall develop and implement written
				policies for control of communicable diseases which ensure that employees and
				volunteers with systems or signs of communicable disease or infected skin
				lesions are not permitted to work unless authorized to do so by a physician or
				physician extender.
D. Volunteers:
				Facilities may use volunteers provided that the volunteers receive the
				orientation, training, and supervision necessary to assure resident health,
				safety and welfare.
E. Abuse of
				residents:
(1) Orientation for all employees:
				Except in an emergency, before performing any duties, each new employee,
				including temporary help, shall receive appropriate orientation to the facility
				and its policies, including, but not limited to, policies relating to fire
				prevention, accident prevention, and emergency procedures. All employees shall
				be oriented to resident's rights and to their position and duties by the time
				they have worked 30 days.
(2)
				Training: Except for nurses, all employees who provide direct care to residents
				shall be trained through a program approved by the authority.
(3) Assignments: Employees shall be assigned
				only to resident care duties consistent with their training.
(4) Reporting: All employees will be
				instructed in the reporting requirements of Section 27-7-14 NMSA 1978, the
				Adult Protective Services Act, of abuse, neglect or exploitation of any
				resident.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 16 - REQUIREMENTS FOR LONG TERM CARE FACILITIES › Section 8.370.16.28 - RECORDS - GENERAL

Current through Register Vol. 35, No. 13, July 16, 2024
The administrator or administrator's designee shall provide
				  the authority with any information required to document compliance with these
				  regulations and shall provide reasonable means for examining records and
				  gathering the information.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 16 - REQUIREMENTS FOR LONG TERM CARE FACILITIES › Section 8.370.16.29 - PERSONNEL RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
A separate record of each employee shall be maintained, be
				  kept current, and contain sufficient information to support assignment to the
				  employee's current position and duties.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 16 - REQUIREMENTS FOR LONG TERM CARE FACILITIES › Section 8.370.16.30 - MEDICAL RECORDS - STAFF

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Timeliness: Duties relating to medical records shall be completed in a timely
				manner.
B. Each facility shall
				designate an employee of the facility as the person responsible for the medical
				record service, who:
(1) is a graduate of a
				school of medical record science that is accredited jointly by the council on
				medical education of the American medical association; or
(2) receives regular consultation but not
				less than four hours quarterly as appropriate from a person who meets the
				requirements of Paragraph (1) of Subsection B of 8.370.16.30 NMAC. Such
				consultation shall not be substituted for the routine duties of staff
				maintaining records. The records consultant shall evaluate the records and
				records service, identify problem areas, and submit written recommendations for
				change to the administrator.
(3)
				Sufficient time will be allocated to the person who is designated responsible
				for medical record service to insure that accurate records are
				maintained.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 16 - REQUIREMENTS FOR LONG TERM CARE FACILITIES › Section 8.370.16.31 - MEDICAL RECORDS - GENERAL

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Availability of records: Medical records of current residents shall be stored
				in the facility and shall be easily accessible, at all times, to persons
				authorized by the resident to obtain the release of the medical
				records.
B. Organization: The
				facility shall maintain a systematically organized records system appropriate
				to the nature and size of the facility for the collection and release of
				resident information.
C. Unit
				record: A unit record shall be maintained for each resident and day care
				client.
D. Indexes: A master
				resident index shall be maintained.
E. Maintenance: The facility shall safeguard
				medical records against loss, destruction, or unauthorized use, and shall
				provide adequate space and equipment to efficiently review, index, file and
				promptly retrieve the medical records.
F. Retention and destruction:
(1) The medical record shall be completed and
				stored within 60 days following a resident's discharge or death.
(2) An original medical record and legible
				copy or copies of court orders or other documents, if any, authorizing another
				person to speak or act on behalf of this resident shall be retained for a
				period of at least 10 years following a resident's discharge or death. All
				other records required by these regulations shall be retained for the period
				for which the facility is under review.
(3) Medical records no longer required to be
				retained under this section may be destroyed, provided:
(a) the confidentiality of the information is
				maintained; and
(b) the facility
				permanently retains at least identification of the resident, final diagnosis,
				physician, and dates of admission and discharge.
(4) A facility shall arrange for the storage
				and safekeeping of records for the periods and under the conditions required by
				this paragraph in the event the facility closes.
(5) If the ownership of a facility changes,
				the medical records and indexes shall remain with the facility.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 16 - REQUIREMENTS FOR LONG TERM CARE FACILITIES › Section 8.370.16.32 - MEDICAL RECORDS - CONTENT

Current through Register Vol. 35, No. 13, July 16, 2024
Except for persons admitted for short-term care, each
				  resident's medical record shall contain:
A. Identification and summary
				sheet:
B. Physician's
				documentation:
(1) An admission medical
				evaluation by a physician, including:
(a) a
				summary of prior treatment;
(b)
				current medical findings;
(c)
				diagnosis at the time of admission to the facility;
(d) the resident's rehabilitation
				potential;
(e) the results of the
				required physical examination;
(f)
				level of care.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 16 - REQUIREMENTS FOR LONG TERM CARE FACILITIES › Section 8.370.16.33 - OTHER RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
The facility shall retain:
A. Dietary records: All menus and therapeutic
				diets for one year.
B. Staffing
				records: Records of staff work schedules and time worked for one
				year.
C. Safety tests: Records of
				tests of fire detection, alarm, and extinguishment equipment.
D. Resident census: At least a daily census
				of all residents, indicating number of residents requiring each level of
				care.
E. Professional
				consultations: Documentation of professional consultations by:
(1) A dietician.
(2) A registered nurse.
(3) Others, as may be used by the
				facility.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 16 - REQUIREMENTS FOR LONG TERM CARE FACILITIES › Section 8.370.16.34 - LICENSE LIMITATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Bed
				capacity: No facility may house more residents than the maximum bed capacity
				for which it is licensed. Persons participating in a day care program are not
				residents for purposes of these regulations.
B. Care levels: No person who requires care
				greater than that which the facility is licensed to provide may be admitted to
				or retained in the facility, unless under waiver according to state
				guidelines.
C. Other conditions:
				The facility shall comply with all other conditions of the license.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 16 - REQUIREMENTS FOR LONG TERM CARE FACILITIES › Section 8.370.16.35 - OTHER LIMITATIONS ON ADMISSION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Persons requiring unavailable services:
				Persons who require services which the facility does not provide or make
				available shall not be admitted or retained.
B. Communicable diseases:
(1) Restriction: No person suspected of
				having a disease in a communicable state shall be admitted or retained unless
				the facility has the means to manage the condition.
(2) Isolation techniques: Persons suspected
				of having a disease in a communicable state shall be managed according to
				isolation techniques for use in hospitals, published by the U.S. department of
				health and human services, public health services, center for disease control,
				or with comparable methods as developed by facility policies.
(3) Reportable diseases: Suspected diseases
				reportable by law shall be reported to the local public health agency and the
				division of health, bureau of community health and prevention within time
				frames specified by these agencies.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 16 - REQUIREMENTS FOR LONG TERM CARE FACILITIES › Section 8.370.16.36 - PROGRAM STATEMENT FOR DEVELOPMENTALLY DISABLED RESIDENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Approval: Each
				facility serving residents who have a developmental disability and require
				active treatment shall submit a written program statement to the authority for
				approval.
B. Contents: The program
				statement shall detail the following:
(1)
				services to be provided;
(2)
				admission policies for developmentally disabled persons;
(3) program goals for developmentally
				disabled residents;
(4) description
				of program elements, including relationships, contracted services and
				arrangements with other health and social services agencies and
				programs.
(5) a designation of
				staff assigned to the care of developmentally disabled residents. Staff
				scheduling shall demonstrate consistency of staff involvement. Staff members
				shall have demonstrated skill in the management of these residents;
				and
(6) a description of care
				evaluation procedures for developmentally disabled residents. These procedures
				shall require that case evaluation results be incorporated into the individual
				resident's care plan and that individual plans of care be reviewed and revised
				as indicated by resident need.