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 8.370.15.24 - SURVEY OR MONITORING VISITS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Application for licensure, whether initial or renewal, shall constitute
				permission for unrestricted entry into and survey of a boarding home by
				authorized licensing authority representatives during the pendency of the
				license application, and if licensed, during the licensure period.
B. The licensing authority shall perform
				on-site survey or monitoring visits at all boarding homes to determine
				compliance with this rule.
C. The
				boarding home shall provide the licensing authority full access to all boarding
				home operations, buildings and information related to the operation of the
				boarding home. Surveys may be announced or unannounced at the sole discretion
				of the licensing authority.
D. The
				most recent survey inspection reports and related correspondence shall be
				posted in a conspicuous public place in the boarding home.
E. Failure by the boarding home to provide
				the licensing authority access to the premises or information, including
				resident records, may result in the imposition of sanctions including but not
				limited to civil monetary penalties, license revocation or an order to cease
				and desist, as deemed appropriate by the licensing authority.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 15 - GENERAL REQUIREMENTS FOR BOARDING HOMES › Section 8.370.15.25 - CORRECTIVE ACTION

Current through Register Vol. 35, No. 13, July 16, 2024
If violations of this rule are cited, the boarding home will
				  be provided with an official statement of deficiencies within 10 business days
				  following the survey.
A. Plan of
				correction (POC). Upon receipt of a report of deficiency from the licensing
				authority, and after receipt of a revised statement of deficiencies, when the
				findings are changed pursuant to an IDR, the licensee or their representative
				shall be required to submit a plan of correction to the licensing authority
				within 10 working days stating how the boarding home intends to correct each
				violation noted and the expected date of completion. All plans of correction
				for deficiencies, if any, shall be disclosed in compliance with applicable
				statutes and regulations. A plan of correction is not confidential once it has
				been approved and is admissible for all purposes in any adjudicatory hearing
				and all subsequent appeals relating to a boarding home license, including to
				prove licensee compliance violations. The plan of correction must contain the
				following:
(1) what measures will be put into
				place or what systematic changes will be made to ensure the deficient practice
				does not recur;
(2) the anticipated
				implementation date (a reasonable time-frame is allowed);
(3) how the corrective action will be
				monitored to ensure compliance;
(4)
				what quality assurance indicators will be put into place;
(5) who will be responsible to oversee their
				monitoring; and
(6) the date and
				signature of the manager or authorized representative.
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 8.370.15.26 - ENFORCEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Suspension of
				license without prior hearing: 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.
B.
				Grounds for revocation or suspension of license, denial of initial or renewal
				application for license, or imposition of intermediate sanctions or civil
				monetary penalties: 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:
(1) Failure to comply with any provision of
				these regulations.
(2) Failure to
				allow access to the boarding home and survey by authorized representatives of
				the licensing authority.
(3) Any
				person working at the boarding home under the influence of alcohol or drugs in
				a manner which harms the health, safety or welfare of the residents, staff or
				visitors.
(4) Misrepresentation or
				falsification of any information or application forms or other documents
				provided to the licensing authority.
(5) Discovery of repeat violations of these
				regulations during surveys.
(6)
				Failure to provide the required care and services as outlined by these
				regulations for the residents receiving care at the boarding home.
(7) Abuse, neglect or exploitation of any
				resident by boarding home operator, staff, or relatives of
				operator/staff.
(8) Allowing any
				person, subject to all applicable statutes and regulations, to work at the
				boarding home if that person is listed on the employee abuse registry, nurse
				aid registry, or considered an unemployable caregiver or has a disqualifying
				conviction under the caregivers criminal history screening requirements,
				8.370.5 NMAC, as amended, and related regulations as amended.
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 8.370.15.27 - HEARING PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
Hearing procedures for an administrative appeal of an adverse
				  action taken by the authority against a boarding home's license will be held in
				  accordance with applicable rules relating to adjudicatory hearings, including
				  but not limited to, 8.370.2 NMAC, as amended. A copy of the above regulations
				  will be furnished at the time an adverse action is taken against a boarding
				  home's license by the licensing authority, if the regulations cannot be
				  obtained from a public website.
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 8.370.15.28 - APPEALS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A licensee that
				is subject to an adverse action may request an administrative appeal. Hearing
				procedures for an administrative appeal of an adverse action taken by the
				licensing authority against the boarding home are in accordance with
				adjudicatory hearings for licensed facilities, 8.370.2 NMAC.
B. All notices, orders or decisions which the
				licensing authority issues to a boarding home prior to a transfer of ownership
				shall be in effect against both the former owner and the new owner, unless the
				transfer of penalties to the new owner is rescinded in writing by the
				authority.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 15 - GENERAL REQUIREMENTS FOR BOARDING HOMES › Section 8.370.15.29 - POLICIES AND PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
The boarding home shall establish written policies and
				  procedures that are reviewed and approved annually by the governing body. The
				  manager shall ensure that these policies and procedures are adopted,
				  administered and enforced to provide quality services in a safe environment. At
				  a minimum, the boarding home's written policies and procedures shall include
				  how the boarding home intends to comply with all requirements of these
				  regulations and address:
A. incident
				management system;
B. the
				maintenance of the boarding home, equipment and supplies; inspection and
				maintenance of emergency equipment; maintenance of emergency supplies;
				maintenance, upkeep and cleaning of the building(s) and equipment; fire and
				emergency evacuation procedures;
C.
				quality of care and services including appropriate and inappropriate admission
				and discharge criteria; and resident risk assessment;
D. referral of residents for services;
				transfer of residents to a hospital or other facility or program; ambulance
				transfer services; and emergency procedures and resuscitative
				techniques;
E. infectious waste and
				biohazard disposal in accordance with all applicable statutes and
				regulations;
F. infection control
				and prevention;
G. staffing plan,
				personnel records, and minimum staffing;
H. maintenance of the resident's confidential
				records including protection of resident confidentiality and privacy as
				required by law; secure release of medical information and records; and safe
				handling and storage of resident records including appropriate document
				destruction procedures;
I. the
				retention, maintenance, security and destruction of resident, personnel and
				boarding home records;
J. dietary
				services including meal service; staff in service training; dietary records;
				clean and sanitary conditions; and food management;
K. housekeeping services to keep the boarding
				home safe, clean, and free of hazards and clutter;
L. If applicable, laundry services for the
				boarding home's laundry and resident's laundry including handling, process and
				storage of clean and dirty laundry;
M. pharmacy practices including the storage,
				administration, and disposal of medications; medication management; and
				documentation;
N. resident's
				personal belongings including locked storage and contraband;
O. resident rights;
P. smoking policy;
Q. grievance policy;
R. house rules, to include freedom permitted
				and limitations necessary to protect the rights of others;
S. Visiting hours.
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 8.370.15.30 - STAFFING REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Operator or manager: A boarding home shall be supervised by a full-time
				manager. Multiple facilities that are located within a 40-mile radius may have
				one full-time manager. The manager shall:
(1)
				be at least 21 years of age;
(2)
				have a high school diploma or its equivalent;
(3) pass the background check and screening
				process pursuant to 8.370.5 NMAC;
(4) be able to communicate with the residents
				in the language understood by the residents;
(5) not work while under the influence of
				alcohol or illegal drugs;
(6) have
				evidence of education and experience directly related to the services that are
				provided at the boarding home;
(7)
				provide three notarized letters of reference from persons unrelated to the
				applicant, and
(8) comply with the
				pre-employment requirements pursuant to the employee abuse registry, 8.370.8
				NMAC;
(9) be responsible for the
				daily operation of the boarding home and for the safety and well-being of the
				residents. In the manager's absence, there shall be a responsible designee at
				least 21 years of age (who is not a resident of the boarding home) to assume
				the responsibility of the boarding home;
(10) provide orientation to all new employees
				which shall include resident rights, evacuation and emergency procedures,
				training in policies and procedures, and competent supervision designed to
				improve resident care;
(11) not act
				as, or become, the legal guardian of or have power of attorney for any
				resident.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 15 - GENERAL REQUIREMENTS FOR BOARDING HOMES › Section 8.370.15.31 - STAFF TRAINING

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Training and orientation for each new employee and volunteer that provides
				direct care shall include a minimum of the following training prior to
				providing unsupervised care for residents.
B. On-going training shall be provided to
				staff that provides direct care as needed; the training and proof of competency
				shall include at a minimum:
(1) fire safety
				and evacuation training;
(2) first
				aid and CPR;
(3) safe food handling
				practices (for persons involved in food preparation and service), to include:
(a) instructions in proper storage;
(b) preparation and serving of
				food;
(c) safety in food
				handling;
(d) appropriate personal
				hygiene; and
(e) infectious and
				communicable disease control;
(4) confidentiality of records and resident's
				information;
(5) residents'
				rights;
(6) reporting requirements
				for abuse, neglect or exploitation in accordance with 8.370.9 NMAC;
(7) smoking policy for staff, residents and
				visitors;
(8) emergency
				procedures;
(9) staff are familiar
				with each resident's needs and services plan;
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 8.370.15.32 - PERSONNEL POLICIES

Current through Register Vol. 35, No. 13, July 16, 2024
The boarding home shall have and implement written personnel
				  policies for the following:
A. staff,
				private duty attendant and volunteer qualifications;
B. staff, private duty attendant and
				volunteer conduct;
C. staff,
				private duty attendant and volunteer training policies;
D. staff and private duty attendant and
				volunteer criminal history screening;
E. emergency procedures;
F. medication administration
				restrictions;
G. the retention and
				maintenance of current and past personnel records; and
H. facilities shall maintain records and
				files that reflect compliance with state and federal employment
				rules.
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 8.370.15.33 - PERSONNEL RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The boarding
				home shall have policies and procedures for managing personnel information and
				records.
B. Staff scheduling
				records shall be maintained for at least three years.
C. Employee records shall be kept at the
				boarding home and include:
(1) employment
				application;
(2) training
				records;
(3) licenses and
				certifications, if applicable, and
(4) caregiver criminal history screening
				documentation pursuant to 8.370.5 NMAC.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 15 - GENERAL REQUIREMENTS FOR BOARDING HOMES › Section 8.370.15.34 - STAFFING REQUIREMENTS AND RATIOS

Current through Register Vol. 35, No. 13, July 16, 2024
Minimum staffing requirements.
A. There shall be an adequate number of
				personnel on duty to provide the basic care, resident assistance and the
				required supervision based on the assessment of the residents' needs. There
				shall be at least one staff member on duty or available to be on the premises
				within 30 minutes, and responsible for care and supervision of residents in
				case of accidents or emergencies, when residents are present in the boarding
				home.
B. During resident sleeping
				hours, boarding home facilities shall have at least one direct care staff
				person available on the premises or available to be on the premises within 30
				minutes in case of emergency.
C.
				Facilities that care for more than 15 residents must have an adequate number of
				personnel on duty to meet the needs of the residents with a minimum of at least
				one staff member available at all times and a second staff member on call and
				capable of being on the premises of the boarding home within 30
				minutes.
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 8.370.15.35 - RESIDENT ACCEPTANCE, ADMISSIONS AND DISCHARGE

Current through Register Vol. 35, No. 13, July 16, 2024
The boarding home shall complete an admission agreement for
				  each resident. The manager of the boarding home or a designee responsible for
				  admission decisions shall meet with the resident or the resident's legally
				  authorized person prior to admission. No resident shall be admitted who is
				  below the age of 18 or for whom the boarding home is unable to provide
				  appropriate care as set forth in this regulation.
A. The boarding home shall develop admission
				and discharge criteria and agreements.
B. Admission and discharge criteria must be
				available in writing to all residents and visitors to the boarding
				home.
C. Materials describing
				services offered, eligibility requirements, resident rights and
				responsibilities and fees charged must be provided in a form understandable to
				the resident and legal guardian(s) with consideration of the resident's and
				guardian's primary language, and the mode of communication best understood by
				persons with visual or hearing impairments, as applicable.
D. The admission agreement shall meet these
				criteria
:
(1) The services
				that are provided by the boarding home and the charges for such services must
				be explained in full.
(2) The
				method of payment by the resident must be clearly stated.
(3) The terms and notification process for
				termination of the admission agreement must be explained and included in the
				admission agreement.
(4) A new
				admission agreement must be made whenever services to be provided or other
				terms are changed.
(5) The
				admission agreement shall also contain the responsibilities of the
				representative payee or other individuals who are assisting the resident, if
				any.
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 8.370.15.36 - RESIDENT ACCEPTANCE AND RETENTION LIMITATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Acceptable criteria for admission:
(1) Residents are accepted who because of
				diminished mental or physical capacity find it difficult to care for themselves
				in their own residence and choose to arrange for food, shelter, oversight and
				limited services such as laundry and transportation from a boarding
				home.
(2) Although unable to live
				independently and in need of some protective living accommodations, residents
				of a boarding home must be able to perform activities of daily living without
				assistance.
(3) Individuals seeking
				assistance with instrumental activities of daily living or assistance with
				accessing or the coordination of community services who may have been
				discharged from any mental or behavioral health care institution.
(4) Individuals who may have a primary
				diagnosis of developmental disability and receive home and community-based
				medicaid waiver services, may be accepted when the interdisciplinary team (IDT)
				and guardian and individual agree that the boarding home is an appropriate
				placement in the community.
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 8.370.15.37 - PROGRAM SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				boarding home must be able to provide oversight to the residents, such as
				reminding them of meals, medications and appointments and monitoring activities
				while on the premises of the boarding home.
B. Each resident shall designate a personal
				physician and dentist to be called in case of emergency. In the event that the
				resident does not have a personal physician or dentist, the boarding home may
				assist the resident to make necessary arrangements to secure the services of a
				licensed physician or dentist as needed.
C. Boarding homes shall provide assistance
				with certain instrumental activities of daily living and assistance with
				accessing or the coordination of community services, including but not limited
				to:
(1) coordinating travel to and from
				appointments;
(2) assistance with
				communication or technology devices;
(3) assistance with applying for services or
				employment;
(4) limited assistance
				with self-administered medication for the individual who is capable to
				self-administer their medication or treatment, but may need cues, reminders or
				prompts or assistive technology to self-administer their medications. It may
				include assisting (if needed) with opening of a medication container for the
				resident and other assistance not involving medication administration. If
				limited assistance with self-administered medication is being provided, the
				resident retains all responsibility for taking their medications. Limited
				assistance with self-administered medication is not the same as "assistance
				with taking medication" or "medication administration" which require a
				registered nurse or a certified medication assistant (CMA) under RN supervision
				who follows board of nursing regulations to perform.
				16.12.5.10
				NMAC.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 15 - GENERAL REQUIREMENTS FOR BOARDING HOMES › Section 8.370.15.38 - NEEDS AND SERVICES PLAN

Current through Register Vol. 35, No. 13, July 16, 2024
Prior to admission, the licensee shall determine whether the
				  boarding home's program can meet the prospective resident's service
				  needs.
A. If the resident is to be
				admitted, then prior to admission, the licensee shall complete a written needs
				and services plan.
B. The following
				individuals shall be included in developing the plan:
(1) the resident, and the resident's legally
				authorized person or their authorized representative, if any;
(2) any relative participating in the
				placement;
(3) the boarding home
				manager or designee responsible for boarding home admissions;
(4) the placement or referral entity, if
				any;
(5) optional: a health care
				professional who knows the resident, such as a community support worker, social
				worker, or therapist;
(6) optional:
				the hospice or home health clinician, if resident is receiving services from a
				hospice or home health provider respectively;
(7) any individual the resident believes
				would be beneficial to inform the needs and services plan.
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 8.370.15.39 - RESIDENT RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
The licensee shall ensure that a separate, complete, and
				  current record is maintained in the boarding home for each resident.
A. Each record must contain information
				including but not limited to the following:
(1) Name of resident, social security number,
				phone number.
(2)
				Birthdate.
(3) Gender.
(4) Date of admission.
(5) The source of referral and relevant
				referral information.
(6) Names,
				addresses, and telephone numbers of the authorized representative and emergency
				contact.
(7) A signed and dated
				copy of the admission agreement and resident's rights document.
(8) Name, address, and telephone number of
				the resident's physician and dentist, and any other medical and mental health
				providers.
(9) Medical assessments
				and diagnosis, if applicable.
(10)
				Record of any illness or injury requiring treatment by a physician or dentist
				and for which the boarding home will provide assistance to the resident in
				meeting their necessary medical and dental needs.
(11) An original or original copy of all
				physician medication and treatment orders signed by the physician.
(12) Record of current medications, including
				frequency and dosage; the name of the prescribing physician, and instructions,
				if any, regarding control and custody of medications.
(13) A record of all contacts with medical
				and other services.
(14) Needs and
				services plan.
(15) Modified diet
				requirements.
(16) Advanced
				directives, or any preference for life saving measures if
				appropriate.
(17) Signed consent
				for the release of information, if information is released.
(18) Documentation of guardianship, agent or
				other legal decision maker other than resident.
(19) A written account of all personal
				possessions and funds deposited with the boarding home and accounting for all
				funds spent and deposited subsequently by the resident.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 15 - GENERAL REQUIREMENTS FOR BOARDING HOMES › Section 8.370.15.40 - RESIDENT RIGHTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. All licensed
				facilities shall understand, protect and respect the rights of all residents.
				Prior to admission to a boarding home, a resident, parent, legal guardian and
				legal representative shall be given the applicable written description of the
				resident's legal rights, translated into resident's preferred language, if
				necessary, to ensure the resident's understanding.
B. A written copy of the resident's legal
				rights shall be provided to the resident and to the resident's legal guardian
				or agent, if applicable, and to the most significant responsible party in the
				following order:
(1) the resident;
(2) the resident's spouse or significant
				other;
(3) any of the resident's
				adult children;
(4) the resident's
				parents;
(5) the resident's
				advocate.
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 8.370.15.41 - NUTRITION

Current through Register Vol. 35, No. 13, July 16, 2024
Boarding homes shall provide planned and nutritionally
				  balanced meals from the basic food groups in accordance with the "recommended
				  daily dietary allowance" of the American dietetic association, the food and
				  nutrition board of the national research council, or the national academy of
				  sciences. Meals shall meet the nutritional needs of the residents in accordance
				  with the current USDA dietary guidelines for Americans. Vending machines shall
				  not be considered a source of snacks.
A. Dietary services: The boarding home will
				develop and implement written policies and procedures that are maintained on
				the premises.
B. All food service
				operations for residents shall comply with current federal and state laws and
				rules concerning food service and shall include:
(1) at least three nutritious meals per day
				shall be served;
(2) no more than
				14 hours may elapse between the end of an evening meal and the beginning of a
				morning meal;
(3) therapeutic diets
				shall be provided when ordered by the physician, and where indicated food shall
				be cut, chopped, or ground to meet individual needs;
(4) under no circumstances may food be
				withheld for disciplinary reasons;
(5) between meals, nourishment or snacks
				shall be available for all residents unless limited by dietary restrictions
				prescribed by a physician;
(6) a
				weekly menu is posted conspicuously for the residents; and
(7) copies of the menus of meals as served
				shall be dated and kept on file for at least 30 days. Menus shall be made
				available for review by the residents or their authorized representatives and
				the licensing agency upon request.
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 8.370.15.42 - FOOD SERVICE

Current through Register Vol. 35, No. 13, July 16, 2024
Requirements for boarding homes:
A. The boarding home shall have either
				contracted food preparation or prepare food on site.
B. A boarding home that provides onsite food
				preparation shall comply with the New Mexico environment department (NMED) food
				preparation regulations.
C. The
				boarding home shall have the equipment and staff necessary to receive and serve
				the food.
D. The boarding home
				shall maintain the equipment necessary for in-house preparation, or have an
				alternate source for food preparation, and service of food in
				emergencies
.
In case of emergency, (weather, power outage or
				other conditions) the boarding home shall maintain a minimum of three days'
				supply of drinking water and nonperishable food.
E. Individuals with food preparation
				responsibilities shall practice safe food handling techniques in accordance
				with the current edition of food code published by the U.S. public health
				service, food and drug administration. Food handling techniques include:
(1) preparing, holding and storing food at
				safe temperatures;
(2) reheating
				potentially hazardous leftover foods shall meet hazard analysis critical
				control point (HACCP) temperature guidelines for safety.
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 8.370.15.43 - PHARMACEUTICAL SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any
				boarding home licensed pursuant to these regulations that supervises
				self-administration of medication for the residents or safeguards medication
				for residents must have an appropriate custodial drug permit from the state
				board of pharmacy.
(1) Only medications which
				can be self-administered by the resident, unless they will be administered by a
				licensed physician, dentist or registered nurse, can be kept by a boarding
				home.
(2) Medications prescribed
				for one resident must not be given to any other resident.
(3) Drugs and medications shall neither be
				supplied nor given to residents unless ordered or prescribed by a licensed
				physician, dentist or advanced practice registered nurse.
(4) Over the counter medications may be given
				to a resident by the boarding home if the boarding home has a written procedure
				for giving such medications reviewed and approved by a licensed physician or
				advanced practice registered nurse.
(5) Medications must be separated by
				individual in the storage area.
(6)
				The key for the medication storage area must be made available only to
				personnel duly authorized by the manager of the boarding home.
(7) Medication which requires refrigeration
				must be kept in a separate locked box within a refrigerator, a locked
				refrigerator or a refrigerator in a locked room.
(8) All medications must be kept in their
				original labeled containers.
(9)
				Medications labeled "for external use only" must not be accessible to residents
				and must be kept separate from other medications.
(10) All outdated medications shall be
				disposed of in a manner approved by the state board of pharmacy.
(11) No boarding home will prepare dosages of
				medications in advance to be given to residents for self-administration. The
				medications must be in their original container. The staff member assisting may
				hold the container and assist the resident in opening the container.
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 8.370.15.44 - INFECTION CONTROL

Current through Register Vol. 35, No. 13, July 16, 2024
A. The boarding
				home shall develop and implement policies and procedures for infection control
				and prevention. Policies shall address the following:
(1) proper hand washing techniques;
(2) prevention and treatment of needle stick
				or sharp injuries;
(3) proper
				disposal of sharps, if applicable, in accordance with OSHA and the New Mexico
				environment department standards;
(4) universal precautions when handling
				blood, body substances, excretions, secretions shall be used;
(5) the management of common illness and
				specific procedures to manage infectious diseases;
(6) ensure garbage containers are in good and
				sanitary condition to prevent the harborage and feeding of pests.
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 8.370.15.45 - RESIDENT SAFETY

Current through Register Vol. 35, No. 13, July 16, 2024
The boarding home shall ensure the safety or residents within
				  the home and that staff are trained and able to respond in emergencies.
A. Staff responsible for providing direct
				care and supervision shall receive training in first aid and cardiopulmonary
				resuscitation (CPR) from persons qualified by agencies including but not
				limited to the American red cross.
(1) If the
				boarding home has no medical unit on the grounds, first aid supplies shall be
				maintained and be readily available in a central location in the boarding
				home.
(2) The supplies shall
				include at least the following:
(a) A current
				edition of a first aid manual approved by the American red cross, the American
				medical association or a state or federal health agency.
(b) Sterile first aid dressings.
(c) Bandages or roller bandages.
(d) Adhesive tape.
(e) Scissors.
(f) Tweezers.
(g) Thermometers.
(h) Antiseptic solution.
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 8.370.15.46 - COMPLAINTS

Current through Register Vol. 35, No. 13, July 16, 2024
The boarding home must investigate complaints made by a
				  resident, caregiver or guardian regarding treatment or care, or regarding the
				  lack of respect for the resident's property and must document both the
				  existence of the complaint and the resolution of the complaint. The boarding
				  home's investigation of a complaint(s) must be initiated within three working
				  days of receipt of the complaint.
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 8.370.15.47 - REPORTING OF INCIDENTS

Current through Register Vol. 35, No. 13, July 16, 2024
All facilities licensed under these regulations must comply
				  with all incident intake, processing, training and reporting requirements under
				  these regulations, as well as with all other applicable statutes and
				  regulations.
A. All facilities shall
				report to the licensing authority any serious incidents or unusual occurrences
				which have threatened, or could have threatened the health, safety and welfare
				of the residents or staff, including but not limited to:
(1) any serious incident or unusual
				occurrence, including any incident or occurrence which has threatened, or could
				have threatened the health, safety and welfare of the residents or
				staff;
(2) injuries of unknown
				origin or known, suspected or alleged incidents of resident abuse, neglect,
				exploitation or mistreatment by staff or other person(s), or death;
(3) fire, flood or other man-made or natural
				disasters including any damage to the boarding home caused by such disasters
				and any incident which poses or creates any life safety or health
				hazards;
(4) any outbreak of
				contagious diseases and diseases dangerous to the public health, suspected
				diseases reportable by law shall be reported to the local public health agency
				and the authority's bureau of community health and prevention within time
				frames specified by these agencies;
(5) any human errors by staff and employees
				which may or has resulted in the death, serious illness, hospitalization, or
				physical impairment of a resident or staff; and
(6) abuse, neglect, exploitation, and
				injuries of unknown origin and other reportable incidents in accordance with
				8.370.9 NMAC, as may be amended from time to time.
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 8.370.15.49 - PHYSICAL ENVIRONMENT AND GENERAL BUILDING REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Facilities licensed pursuant to these
				regulations must be accessible to and useable by disabled employees, staff,
				visitors, and residents shall comply with the Americans with Disabilities act
				(ADA), current edition.
B. All
				buildings of the premises providing resident use and services will be
				considered part of the boarding home and must meet all requirements of these
				regulations. Where a part of the boarding home services is contained in another
				facility, separation and access shall be maintained as described in current
				building and fire codes.
C. A
				boarding home applying for licensure pursuant to these regulations may have
				additional requirements not contained herein. The complexity of building and
				fire codes and requirements of city, county, or municipal governments may
				stipulate these additional requirements. Any additional requirements will be
				outlined by the appropriate building and fire authorities, and in New Mexico
				Administrative Code, Title 14 Housing and Construction, chapters 5 through
				12.
D. Use of manufactured homes,
				modular homes, mobile homes and recreational vehicles:
(1) Use of a manufactured home, modular home
				or mobile home may be allowed if the structure meets all physical, environment
				and general building requirements in this rule and all other applicable state,
				county and municipal building codes.
(2) For facilities with four or more
				residents, mobile homes shall not be allowed.
(3) The use of recreational vehicles, travel
				or camper trailers which are designed to drive or be towed behind a vehicle is
				prohibited.
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 8.370.15.50 - MAINTENANCE OF BUILDING AND GROUNDS

Current through Register Vol. 35, No. 13, July 16, 2024
The boarding home's buildings and systems shall be maintained
				  in good repair at all times. Such maintenance shall include, but is not limited
				  to, the following:
A. all electrical,
				mechanical, water supply, heating, fire protection, and sewage disposal systems
				must be maintained in a safe and functioning condition, including regular
				inspections of these systems;
B.
				all equipment and materials needed for resident use shall be maintained clean
				and in good repair;
C. all
				furniture and furnishings must be kept clean and in good repair; and
D. the grounds of the boarding home must be
				maintained in a safe and sanitary condition at all times.
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 8.370.15.51 - HAZARDOUS AREAS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Hazardous
				areas include the following:
(1) fuel fired
				equipment rooms;
(2) bulk laundries
				or laundry rooms with more than 100 square feet;
(3) storage rooms with more than 50 square
				feet but less than 100 square feet not storing combustibles;
(4) storage rooms with more than 100 square
				feet storing combustibles;
(5)
				chemical storage rooms with more than 50 square feet; and
(6) garages in which fuel-fired equipment is
				located or in which tools, paints, solvents or construction materials are
				stored, maintenance shops, or maintenance rooms.
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 8.370.15.52 - EXITS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each floor of a
				boarding home shall have exits as required by as required by New Mexico
				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.
B. Each exit must be marked by illuminated
				exit signs having letters at least six inches high whose principle strokes are
				at least three-quarters of an inch wide.
C. Illuminated exit signs, if required by the
				authority having jurisdiction, must be maintained in operable condition at all
				times.
D. Exit ways must be kept
				free from obstructions at all times.
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 8.370.15.53 - HALLWAYS AND CORRIDORS

Current through Register Vol. 35, No. 13, July 16, 2024
For facilities contained within existing commercial or
				  residential buildings, corridor widths must conform with the New Mexico
				  building code, international building code (IBC), current edition as adopted by
				  the New Mexico construction industries division, as applied 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 8.370.15.54 - HOUSEKEEPING

Current through Register Vol. 35, No. 13, July 16, 2024
A. The boarding
				home must be kept free from accumulations of refuse, discarded equipment,
				furniture, paper, dirt, rubbish, dust, and safety hazards and offensive
				odors.
B. Common rooms, kitchen,
				waiting areas, restrooms and other areas of daily usage must be cleaned as
				needed to maintain a clean and safe environment for the residents.
C. Deodorizers must not be used to mask odors
				caused by unsanitary conditions or poor housekeeping practices.
D. Janitorial cleaning supplies must be kept
				in a secure closet or cabinet.
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 8.370.15.55 - PROVISIONS FOR EMERGENCY CALLS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				An easily accessible hard-wired telephone for summoning help, in case of
				emergency, must be available in the boarding home.
B. A list of emergency numbers including, but
				not limited to, fire department, police department, ambulance services, local
				hospital, poison control center, and the authority's division of health
				improvement's complaint hotline must be prominently posted by the
				telephone(s).
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 8.370.15.56 - MEDICATIONS STORAGE

Current through Register Vol. 35, No. 13, July 16, 2024
All medications, including non-prescription drugs, shall be
				  stored in a locked compartment or in a locked room, as required and approved by
				  the New Mexico board of pharmacy, and the key shall be in the care of the
				  manager or designee.
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 8.370.15.57 - OUTDOOR ACTIVITY SPACE

Current through Register Vol. 35, No. 13, July 16, 2024
A. An
				easily accessible outdoor activity area shall be available for use by
				residents.
B. A smoking area, if
				provided, must be located 25 feet away from any exit door and be provided with
				noncombustible metal ash urns.
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 8.370.15.58 - KITCHEN AND DINING

Current through Register Vol. 35, No. 13, July 16, 2024
A. The boarding
				home shall prepare food on site or have contracted food preparation. A boarding
				home that provides onsite food preparation shall comply with the current
				standards and regulations of the New Mexico environment department (NMED), and
				other local government authorities.
B. A boarding home with a kitchen area,
				whether used for on-site food preparation or not, must adhere to the following
				requirements:
(1) toilet facilities may not
				open directly into the kitchen;
(2)
				filters, exhaust hoods, ranges, deep fat fryers, ovens and all other similar
				items shall be operable and clean;
(3) kitchen exhaust hood shall be vented to
				exterior and provided with a fire suppression system if required by NMED or
				local authority;
(4) the kitchen,
				prep areas, and dining area shall be kept clean, and sanitary, and
(5) all dishes and utensils used for eating
				and drinking and in the preparation of food and drink, shall be cleaned and
				sanitized after each usage.
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 8.370.15.59 - DINING, RECREATION AND INDOOR ACTIVITY OR MULTIPURPOSE ROOMS

Current through Register Vol. 35, No. 13, July 16, 2024
A boarding home shall have common rooms, including a living
				  room, dining room, den or other recreation/activity rooms for the resident's
				  use. The furnishings shall be well constructed, comfortable and in good
				  repair.
A. At least one such room
				shall be available to residents for relaxation and visitation with friends or
				relatives, and which can be closed for private visits.
B. A dining area shall be provided for meals
				and shall have tables and chairs to accommodate the residents.
C. Each activity area or common room shall
				have a minimum net glazed area (window) not less than eight percent of the
				floor area of the room served. Boarding homes in existence as of the date of
				adoption of this section must have at least one activity area that complies
				with this requirement, but are not required to make structural changes to all
				activity areas.
D. Total Area: The
				combined floor space of common rooms shall not be less than 25 square feet per
				bed. Solaria and lobby sitting areas, exclusive of traffic areas, shall be
				categorized as living room space.