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 22 - REQUIREMENTS FOR HOME HEALTH AGENCIES › Section 8.370.22.22 - HEALTH AND AGE REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. All
				staff or contracted personnel involved in the care of patients/clients shall be
				at least 18 years of age.
B. All
				staff, contracted personnel, or volunteers having patient/client contact must
				have a TB test in accordance with the requirements of the infectious disease
				bureau, of the public health division, health care authority.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 22 - REQUIREMENTS FOR HOME HEALTH AGENCIES › Section 8.370.22.23 - REQUIREMENTS FOR LICENSURE OF PROFESSIONALS

Current through Register Vol. 35, No. 13, July 16, 2024
Any health professional employed or contracted by the home
				  health agency, such as, but not limited to, physicians, physician's assistants,
				  nurse practitioners, physical or occupational therapists, speech language
				  pathologists, registered professional nurses, licensed practical nurses,
				  licensed or certified social workers, physical therapy assistants or certified
				  occupational therapy assistants, must have a current license, registration or
				  certification from the state of New Mexico. Proof of licensure must be
				  maintained on file by the agency.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 22 - REQUIREMENTS FOR HOME HEALTH AGENCIES › Section 8.370.22.24 - GOVERNING BODY

Current through Register Vol. 35, No. 13, July 16, 2024
Each agency licensed pursuant to these regulations must have
				  a governing body who adopts and reviews, at least annually, written by-laws or
				  policies and procedures which govern the day to day operation of the
				  agency.
A. The governing body may
				include the licensee of the agency.
B. The governing body must have full legal
				authority and responsibility for the operation of the agency.
C. The governing body must appoint a
				qualified administrator.
D. The
				governing body must oversee the management and fiscal affairs of the
				agency.
E. The governing body must
				meet at least annually. These meetings shall be documented by dated minutes and
				a copy of these minutes shall be kept on file in the agency.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 22 - REQUIREMENTS FOR HOME HEALTH AGENCIES › Section 8.370.22.25 - ADVISORY GROUP

Current through Register Vol. 35, No. 13, July 16, 2024
Each agency licensed pursuant to these shall have an advisory
				  group.
A. The advisory group shall
				consist of:
(1) at least three
				individuals;
(2) an individual
				representing at least one of the services offered by the agency;
(3) at least one member of the group must be
				neither an owner or an employee of the agency;
(4) governing body members may also be part
				of the advisory group.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 22 - REQUIREMENTS FOR HOME HEALTH AGENCIES › Section 8.370.22.26 - ADMINISTRATOR

Current through Register Vol. 35, No. 13, July 16, 2024
Each agency licensed pursuant to these regulations must have
				  an administrator appointed by the governing body who:
A. is a licensed physician; or
B. is a registered nurse; or
C. has at a minimum, a high school diploma or
				general equivalency diploma, training and experience in health services
				administration, and at least one year of supervisory or administrative
				experience in home health care.
D.
				may also be the supervising physician or registered nurse.
E. is responsible for implementing the
				directions of the governing body and organizing and directing the on-going
				functions of the agency in compliance with these regulations.
F. A qualified person is authorized in
				writing to act in the absence of the administrator.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 22 - REQUIREMENTS FOR HOME HEALTH AGENCIES › Section 8.370.22.27 - RESPONSIBILITIES OF AGENCY PERSONNEL

Current through Register Vol. 35, No. 13, July 16, 2024
Home health agencies utilizing any of the following personnel
				  for provision of home care services must assure the responsibilities listed
				  below are met.
A.
Primary
				service personnel:
including, but not limited to, registered nurses,
				physical therapists, occupational therapists, speech therapists, social
				workers, shall:
(1) provide necessary
				professional care and guidance within the scope of their licensure;
(2) evaluate the home for its suitability for
				the patient/client's care;
(3)
				teach the patient/client and caregivers how to provide care;
(4) develop, evaluate and coordinate the
				patient/client's plan of care on a continuing basis;
(5) inform the physician and other personnel
				of changes in the patient/client's condition and needs;
(6) perform an evaluation visit and follow-up
				visits as needed;
(7) prepare
				clinical notes.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 22 - REQUIREMENTS FOR HOME HEALTH AGENCIES › Section 8.370.22.28 - SUPERVISING PERSONNEL

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				medically directed services provided by the agency must be supervised by a
				licensed professional or an appropriately qualified staff member.
B. The supervising staff member or their
				alternate who is similarly qualified must be available at all times during
				operating hours of the agency.
C.
				The supervising staff member or alternate who is similarly qualified must
				participate in all activities relevant to the services provided, including
				developing qualifications for assignments of personnel.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 22 - REQUIREMENTS FOR HOME HEALTH AGENCIES › Section 8.370.22.29 - SUPERVISION OF SECONDARY AND NONLICENSED PERSONNEL

Current through Register Vol. 35, No. 13, July 16, 2024
A. Licensed practical nurses: Services and
				care provided by a licensed practical nurse will be furnished under the
				supervision of a registered nurse who has a minimum of one year home health
				experience or a minimum of two years nursing experience. Such supervision will
				include, at a minimum:
(1) Identify
				appropriate tasks to be performed by the licensed practical nurse.
(2) Conduct and document a supervisory visit
				to at least one patient/client residence at least every 60 days, or more often
				as indicated.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 22 - REQUIREMENTS FOR HOME HEALTH AGENCIES › Section 8.370.22.30 - HOME HEALTH AIDE TRAINING REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. General: No agency licensed pursuant to
				these regulations may employ an individual as a home health aide on a
				full-time, part-time, temporary, per diem, or other basis unless:
(1) that individual is competent to provide
				services as a home health aide;
(2)
				that individual has completed a training program or a competency evaluation
				program as outlined in these regulations.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 22 - REQUIREMENTS FOR HOME HEALTH AGENCIES › Section 8.370.22.31 - HOMEMAKER/PERSONAL CARE ATTENDANT OR EQUIVALENT TRAINING REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. General: No
				agency licensed pursuant to these regulations may employ an individual as a
				homemaker/personal care attendant or equivalent on a full-time, part time,
				temporary, per diem or other basis unless:
(1)
				That individual is competent to provide assigned tasks as a homemaker/ personal
				care attendant or equivalent.
(2)
				That individual has completed a training program or a competency evaluation
				program as outlined in these regulations.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 22 - REQUIREMENTS FOR HOME HEALTH AGENCIES › Section 8.370.22.32 - PATIENT/CLIENT RIGHTS

Current through Register Vol. 35, No. 13, July 16, 2024
A home health agency licensed pursuant to these regulations
				  must protect and promote the rights of each individual under its care,
				  including each of the following rights:
A. the right to be fully informed in advance
				about the care and treatment to be provided by the agency;
B. the right to refuse or terminate
				treatment;
C. the right to be fully
				informed in advance of any changes in the care or treatment to be provided by
				the agency that may affect the individual's well-being;
D. the right to participate in planning care
				and treatment or changes in care or treatment, except for those individuals
				adjudged incompetent;
E. the right
				to be treated with dignity and respect and to be free from abuse, neglect, and
				exploitation. No home health agency to whom a patient/client's money or
				valuables have been entrusted shall mingle the patient/client's monies,
				valuables or property, with that of the licensee, staff or
				management;
F. the right to voice
				grievances, with respect to treatment or care that is or fails to be furnished,
				without discrimination or reprisal for voicing such grievances;
G. the right to confidentiality of medical
				care and patient/client records;
H.
				the right to have one's property treated with respect;
I. the right to be fully informed, orally and
				in writing, of all charges for services to be performed by the agency and of
				any changes in these charges;
J.
				the right to be informed of the New Mexico home health agency hotline number
				(1800-752-8649), hours of operation (8:00 am-5:00 pm, Monday-Friday), and
				purpose of the hotline, which is to receive complaints, questions about local
				home health agencies, or to lodge complaints concerning the implementation of
				the advance directives requirements;
K. the right to be fully informed regarding
				advance directives, prior to care being given. This information must include
				agency policies on advance directives and a description of applicable state
				law;
L. the right to be fully
				informed, in writing, of the patient/client's rights pursuant to these
				regulations.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 22 - REQUIREMENTS FOR HOME HEALTH AGENCIES › Section 8.370.22.33 - PLAN OF CARE

Current through Register Vol. 35, No. 13, July 16, 2024
Care of a patient/client by the agency must follow a written
				  plan of care which is reviewed at least annually.
A. Medically directed care: An agency must
				follow a written plan of care established and periodically reviewed by a
				physician, and care continues under the supervision of a physician.
(1) The plan of care shall be developed in
				consultation with appropriate agency staff and cover all pertinent diagnoses,
				including but not limited to:
(a) mental
				status;
(b) types of services and
				equipment required;
(c) frequency
				and duration of visits;
(d)
				functional limitations;
(e)
				activities permitted;
(f)
				nutritional requirements;
(g)
				medications and treatments;
(h)
				safety measures to protect against injury;
(i) plans or goals for care;
(j) any other appropriate items.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 22 - REQUIREMENTS FOR HOME HEALTH AGENCIES › Section 8.370.22.34 - PATIENT/CLIENT RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
Each agency licensed pursuant to these regulations must
				  maintain the original record for each patient/client receiving services.
				  Patient/client records shall be made available for review upon request of the
				  licensing authority. Every record must be accurate, legible, promptly completed
				  and consistently organized. A patient/client record must meet the following
				  criteria:
A. Content of patient/client
				record:
(1) Medically directed patient/client
				record must include:
(a) past and current
				medical findings in accordance with accepted professional standard;
(b) plan of care;
(c) identifying information;
(d) name of physician;
(e) medications, diet, treatment/services,
				and activity orders;
(f) signed and
				dated notes on the day service(s) provided;
(g) copies of summary reports sent to the
				physician;
(h) evidence of
				patient/client being informed of rights;
(i) evidence of coordination of care provided
				by all personnel providing patient/client services;
(j) discharge summary.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 22 - REQUIREMENTS FOR HOME HEALTH AGENCIES › Section 8.370.22.35 - REPORTS AND RECORDS REQUIRED TO BE ON FILE IN THE AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
A. a copy of the last survey conducted by the
				licensing authority;
B. licensing
				regulations: A copy of these regulations, 8.370.22 NMAC;
C. agreements or contracts to provide
				services or care;
D. patient/client
				records;
E. staff
				records;
F. training and in service
				records as applicable;
G. minutes
				of advisory group and governing board meetings;
H. quality improvement program
				records;
I. grievances and
				resolutions;
J. state board of
				pharmacy certificates as applicable.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 22 - REQUIREMENTS FOR HOME HEALTH AGENCIES › Section 8.370.22.36 - CONTRACTED SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
Services that are provided under arrangement by an individual
				  or entity and the home health agency, shall include a written contract between
				  those individuals or entities and the agency, that specifies the
				  following:
A. that patients are
				accepted for care only by the primary (admitting) home health agency;
B. the services to be furnished under the
				contract.
C. the necessity to
				conform to all applicable agency policies including personnel
				qualifications;
D. the
				responsibility for participating in developing plans of care;
E. the manner in which services will be
				controlled, coordinated and evaluated by the primary agency;
F. the procedures for submitting clinical
				notes, scheduling of visits and conducting periodic patient
				evaluation;
G. the procedures for
				payment for services furnished under the contract.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 22 - REQUIREMENTS FOR HOME HEALTH AGENCIES › Section 8.370.22.37 - STAFF RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
Each agency licensed pursuant to these regulations must
				  maintain a complete record on file for each staff member and for all volunteers
				  with in-home contact or working more than half-time. Staff records shall be
				  made available for review upon request of the licensing authority within four
				  hours. Staff records must contain at least the following:
A. name;
B. address;
C. position for which employed;
D. date of employment;
E. health certificate for all staff having
				contact with patient/clients stating that the employee is free from
				tuberculosis in a transmissible form as required by the infectious disease
				bureau, of the public health division, health care authority;
F. a copy or proof of the current license,
				registration or certificate for each staff member for whom a license,
				registration, or certification is required by the State of New
				Mexico.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 22 - REQUIREMENTS FOR HOME HEALTH AGENCIES › Section 8.370.22.38 - POLICIES AND PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
Each agency licensed pursuant to these regulations must have
				  written policies and procedures for at least the following:
A. scope of services offered;
B. providing of services through arrangement
				or contract with individuals or agencies;
C. admission and discharge;
D. written job descriptions for all
				categories of personnel;
E.
				personnel policies;
F. staff
				training;
G. emergency and after
				normal business hour care policies/ procedures;
H. preparation, safeguarding, and release of
				information from patient/client records;
I. quality improvement program;
J. complaints and grievances, including
				timely resolution.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 22 - REQUIREMENTS FOR HOME HEALTH AGENCIES › Section 8.370.22.39 - QUALITY IMPROVEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
Each agency must establish an on-going quality improvement
				  program to ensure an adequate and effective operation. To be considered
				  on-going, the quality improvement program must document quarterly activity that
				  addresses, but is not limited to:
A.
				Clinical care: Assessment of patient/client goals and outcome, such as,
				diagnosis(es), plan of care, services provided, and standards of patient/client
				care.
B. Operational activities:
				Assessment of the total operation of the agency, such as, policies and
				procedures, statistical data (i.e., admissions, discharges, total visits by
				discipline, etc.), summary of quality improvement activities, summary of
				patient/client complaints and resolutions, and staff utilization.
C. Quality improvement action plan: Written
				responses to address existing or potential problems which have been
				identified.
D. Documentation of
				activities: The results of the quality improvement activities shall be compiled
				annually in report format and formally reviewed and approved by the governing
				body and advisory group of the home health agency. No more than one year may
				lapse between evaluations of the same part.
E. The licensing authority may, at its sole
				discretion, request quarterly activity summaries of an agency's on-going
				quality improvement activities or may direct the agency to conduct specific
				quality improvement studies.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 22 - REQUIREMENTS FOR HOME HEALTH AGENCIES › Section 8.370.22.40 - COMPLAINTS

Current through Register Vol. 35, No. 13, July 16, 2024
The home health agency must investigate complaints made by a
				  patient/client, caregiver, or guardian regarding treatment or care, or
				  regarding the lack of respect for the patient/client's property and must
				  document both the existence of the complaint and the resolution of the
				  complaint. The agency's investigation of a complaint(s) must be initiated
				  within three working days.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 22 - REQUIREMENTS FOR HOME HEALTH AGENCIES › Section 8.370.22.41 - INCIDENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Reporting: All
				home health agencies licensed pursuant to these regulations must report to the
				licensing authority any of the following which has, or could threaten the
				health, safety and welfare of the patient/clients or staff:
(1) any serious incident or unusual
				occurrence;
(2) injuries of unknown
				origin or known, suspected or alleged incidents of patient/client abuse,
				neglect, exploitation, or mistreatment by staff or person(s) contracted by the
				home health agency.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 22 - REQUIREMENTS FOR HOME HEALTH AGENCIES › Section 8.370.22.42 - RELATED REGULATIONS AND CODES

Current through Register Vol. 35, No. 13, July 16, 2024
Facilities subject to these regulations are also subject to
				  other regulations, codes and standards as the same may from time to time be
				  amended as follows:
A. Health facility
				licensure fees and procedures, New Mexico health care authority, 8.370.3
				NMAC.
B. Health facility sanctions
				and civil monetary penalties, New Mexico health care authority, 8.370.4
				NMAC.
C. Adjudicatory hearings, New
				Mexico health care authority, 8.370.2 NMAC.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 24 - REQUIREMENTS FOR END STAGE RENAL DISEASE FACILITIES › Section 8.370.24.1 - 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 24 - REQUIREMENTS FOR END STAGE RENAL DISEASE FACILITIES › Section 8.370.24.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
These regulations apply to:
A. public, profit or nonprofit facilities or
				entities providing dialysis services as outlined by these
				regulations;
B. any facility
				providing services as outlined by these regulations which by federal regulation
				must be licensed by the state of New Mexico to obtain or maintain full or
				partial, permanent or temporary federal funding.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 24 - REQUIREMENTS FOR END STAGE RENAL DISEASE FACILITIES › Section 8.370.24.3 - 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 9-7-6 NMSA 1978;
				  and the authority granted under Subsection D of Section 24-1-2, Subsection I of
				  Section 24-1-3, and Section 24-1-5 of the Public Health Act, NMSA 1978, as
				  amended. Section 9-8-1 et seq. NMSA 1978 establishes the health care authority
				  as a single, unified department to administer laws and exercise functions
				  relating to health care purchasing and regulation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 24 - REQUIREMENTS FOR END STAGE RENAL DISEASE FACILITIES › Section 8.370.24.5 - 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 24 - REQUIREMENTS FOR END STAGE RENAL DISEASE FACILITIES › Section 8.370.24.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Establish
				minimum standards for end stage renal disease facilities in the state of New
				Mexico.
B. Monitor end stage renal
				disease facilities with these regulations through surveys to identify any areas
				which could be dangerous or harmful to the patients or staff.
C. Encourage the maintenance of end stage
				renal disease facilities that will provide quality services which maintain or
				improve the health and quality of life for the patients.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 24 - REQUIREMENTS FOR END STAGE RENAL DISEASE FACILITIES › Section 8.370.24.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
For purposes of these regulations the following shall
				  apply:
A.
"Applicant"
means the individual who, or organization which, applies for a license. If the
				applicant is an organization, then the individual signing the application on
				behalf of the organization must have authority from the organization. The
				applicant must be the owner.
B.
"Deficiency"
means a violation of or failure to comply with a
				provision(s) of these regulations.
C.
"License"
means the document
				issued by the licensing authority pursuant to these regulations granting the
				legal right to operate for a specified period of time, not to exceed one
				year.
D.
"Licensee"
means the person(s) who, or organization which, has an ownership, leasehold or
				similar interest in the end stage renal disease facility and in whose name a
				license has been issued and who is legally responsible for compliance with
				these regulations.
E.
"Licensing authority"
means the New Mexico health care
				authority.
F.
"NMSA"
means the New Mexico Statutes Annotated, 1978 compilation, and all the
				revisions and compilations thereof.
G.
"Plan of correction"
means
				the plan submitted by the licensee or representative of the licensee addressing
				how and when deficiencies identified at time of a survey will be
				corrected.
H.
"Policy"
means a statement of principal that guides and determines present and future
				decisions and actions.
I.
"Procedure"
means the action(s) that must be taken in order to
				implement a policy.
J.
"Variance"
means an act on the part of the licensing authority to
				refrain from pressing or enforcing compliance with a portion or portions of
				these regulations for an unspecified period of time where the granting of a
				variance will not create a danger to the health, safety, or welfare of patients
				or staff of a facility, and is at the sole discretion of the licensing
				authority.
K.
"Waive/waiver"
means to refrain from pressing or enforcing
				compliance with a portion or portions of these regulations for a limited period
				of time provided the health, safety or welfare of the patients and staff are
				not in danger. Waivers are issued at the sole discretion of the licensing
				authority.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 24 - REQUIREMENTS FOR END STAGE RENAL DISEASE FACILITIES › Section 8.370.24.8 - STANDARD OF COMPLIANCE

Current through Register Vol. 35, No. 13, July 16, 2024
The degree of compliance required throughout these
				  regulations is designated by the use of the words "shall" or "must" or "may."
				  "Shall" or "must" means mandatory. "May" means permissive. The use of the words
				  "adequate", "proper", and other similar words means the degree of compliance
				  that is generally accepted throughout the professional field by those who
				  provide dialysis services as outlined in these regulations.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 24 - REQUIREMENTS FOR END STAGE RENAL DISEASE FACILITIES › Section 8.370.24.9 - TYPES OF END STAGE RENAL DISEASE (ESRD) FACILITIES AND SCOPE OF SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Renal
				transplantation center: A hospital unit which is approved to furnish directly,
				transplantation and other medical and surgical specialty services required for
				the care of the ESRD transplant patients, including inpatient dialysis
				furnished directly or under arrangement. A renal transplantation center may
				also be a renal dialysis center.
B.
				Renal dialysis center: A hospital unit which is approved and licensed to
				furnish the full spectrum of diagnostic, therapeutic, and rehabilitative
				services required for the care of ESRD dialysis patients (including inpatient
				dialysis furnished directly or under arrangement). A hospital need not provide
				renal transplantation to qualify as a renal dialysis center.
C. Renal dialysis facility: A unit which is
				located in a building other than a hospital which is approved and licensed to
				furnish dialysis services directly to ESRD patients.
D. Self dialysis unit: A unit that is within
				a licensed renal transplantation center, renal dialysis center, or a renal
				dialysis facility, which provides self-dialysis service.
E. Special purpose renal dialysis facility: A
				renal dialysis facility which is approved and licensed pursuant to these
				regulations to provide dialysis at special locations on a short term basis (not
				to exceed eight months) to a group of dialysis patients otherwise unable to
				obtain treatment in the geographical area. The special locations must be either
				special rehabilitative (including vacation) locations serving ESRD patients
				temporarily residing there, or locations in need of ESRD facilities under
				emergency circumstances.
F. End
				stage renal disease (ESRD) services: The types of care or services furnished to
				an ESRD patient are:
(1) transplantation
				service which is a process by which:
(a) a
				kidney is excised from a live or cadaveric donor;
(b) that kidney is implanted in an ESRD
				patient;
(c) supportive care is
				furnished to the living donor and to the recipient following
				implantation;
(d) this service is
				only provided at an approved and licensed transplantation
				center.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 24 - REQUIREMENTS FOR END STAGE RENAL DISEASE FACILITIES › Section 8.370.24.10 - INITIAL LICENSURE PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
To obtain an initial license for a end stage renal disease
				  facility pursuant to these regulations the following procedures must be
				  followed by the applicant:
A. Initial
				phase: These regulations should be thoroughly understood by the applicant and
				used as a reference for design of a new building or renovation or addition to
				an existing building for licensure as a ESRD facility pursuant to these
				regulations. Prior to starting construction, renovations or additions to an
				existing building the applicant of the proposed ESRD facility shall advise the
				licensing authority of intention to open an ESRD facility pursuant to these
				regulations and submit the following:
(1)
				Plans: Submit a complete set of construction documents (blueprints) for the
				total building. Plans should indicate if new construction, remodeled or
				alteration, or an addition. If remodeled or an addition the plans must indicate
				existing and new construction.
(2)
				Functional program outline: The proposed end stage renal disease facility must
				also submit to the licensing authority a functional program outline that
				provides the following information:
(a) scope
				of services to be provided by the proposed ESRD facility;
(b) projected number of patients to be served
				daily;
(c) number of staff and
				duties to be performed;
(d)
				services that will be provided under agreement or arrangement with another
				facility;
(e) number of dialysis
				stations, treatment rooms and other rooms for diagnostic use such as X-ray,
				laboratory, etc.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 24 - REQUIREMENTS FOR END STAGE RENAL DISEASE FACILITIES › Section 8.370.24.11 - LICENSES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Annual license:
				An annual license is issued for a one year period to an end stage renal disease
				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 24 - REQUIREMENTS FOR END STAGE RENAL DISEASE FACILITIES › Section 8.370.24.12 - 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, 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 ESRD
				facility shall cease operations 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 24 - REQUIREMENTS FOR END STAGE RENAL DISEASE FACILITIES › Section 8.370.24.13 - POSTING OF LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
The ESRD facility's license must be posted in a conspicuous
				  place in an area visible to the public.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 24 - REQUIREMENTS FOR END STAGE RENAL DISEASE FACILITIES › Section 8.370.24.14 - 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 end stage renal disease
				facility under circumstances listed above must submit an application for
				initial licensure in accordance with Section 10 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 24 - REQUIREMENTS FOR END STAGE RENAL DISEASE FACILITIES › Section 8.370.24.15 - 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 24 - REQUIREMENTS FOR END STAGE RENAL DISEASE FACILITIES › Section 8.370.24.16 - 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 24 - REQUIREMENTS FOR END STAGE RENAL DISEASE FACILITIES › Section 8.370.24.17 - 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 or falsification of any
				information on 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 facility.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 24 - REQUIREMENTS FOR END STAGE RENAL DISEASE FACILITIES › Section 8.370.24.18 - 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 an ESRD facility license as outlined in Section 16
				and 17 above 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 an ESRD facility 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 24 - REQUIREMENTS FOR END STAGE RENAL DISEASE FACILITIES › Section 8.370.24.19 - CURRENTLY LICENSED FACILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
Any ESRD facility currently licensed on the date these
				  regulations are promulgated and which provides the services prescribed under
				  these regulations, but which fails to meet all building requirements, may
				  continue to be licensed if:
A.
				variance may be granted for those building requirements the ESRD facility
				cannot meet provided the variances granted will not create a hazard to the
				health, safety and welfare of the patients and staff, and are not in violation
				of current fire and building codes;
B. the building requirements for which
				variances are granted cannot be corrected without an unreasonable expense to
				the ESRD facility; and
C. variances
				granted will be recorded and made a permanent part of the end stage renal
				disease facility file.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 24 - REQUIREMENTS FOR END STAGE RENAL DISEASE FACILITIES › Section 8.370.24.20 - NEW FACILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A new ESRD facility may be opened in an existing building or
				  a newly constructed building.
A. If
				opened in an existing building a variance may be granted for those building
				requirements the ESRD facility cannot meet under the same criteria outlined in
				8.370.24.19 NMAC, if not in conflict with existing building and fire codes.
				This is at the sole discretion of the licensing authority.
B. A new ESRD facility opened in a newly
				constructed building must meet all requirements of these regulations.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 24 - REQUIREMENTS FOR END STAGE RENAL DISEASE FACILITIES › Section 8.370.24.21 - FACILITY SURVEYS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Application
				for licensure, whether initial or renewal shall constitute permission for entry
				into and survey of a ESRD facility by authorized licensing authority
				representatives at reasonable times during the pendency of the application and,
				if licensed, during the licensure period.
B. The licensing authority shall perform, as
				it deems necessary, unannounced on-site surveys to determine compliance with
				these regulations, to investigate complaints, or to investigate the
				appropriateness of licensure for any alleged unlicensed facility.
C. Upon receipt of a notice of deficiency
				from the licensing authority the licensee or their representative will be
				required to submit a plan of correction to the licensing authority within 10
				working days, stating how the facility intends to correct each violation noted
				and the expected date of completion.
D. The licensing authority may, at its sole
				discretion, accept the plan of correction as written or require modifications
				of the plan by the licensee.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 24 - REQUIREMENTS FOR END STAGE RENAL DISEASE FACILITIES › Section 8.370.24.22 - ADOPTION OF FEDERAL STANDARDS

Current through Register Vol. 35, No. 13, July 16, 2024
The licensing authority hereby adopts the federal standards
				  for certification of end stage renal disease (ESRD) services, as set out in 42
				  C.F.R. Sections 405.2100 through 405.2171, as amended from time to time, as the
				  standards for licensure of end stage renal disease services in the state of New
				  Mexico.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 24 - REQUIREMENTS FOR END STAGE RENAL DISEASE FACILITIES › Section 8.370.24.23 - RELATED REGULATIONS AND CODES

Current through Register Vol. 35, No. 13, July 16, 2024
End stage renal disease facilities subject to these
				  regulations are also subject to other regulations, codes and standards as the
				  same may, from time to time, be amended as follows:
A. Health facility licensure fees and
				procedures, New Mexico health care authority, 8.370.3 NMAC.
B. Health facility sanctions and civil
				monetary penalties, New Mexico health care authority 8.370.4 NMAC.
C. Adjudicatory hearings, New Mexico health
				care authority, 8.370.2 NMAC.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 25 - HEARING REQUIREMENTS FOR CERTIFIED NURSE AIDES › Section 8.370.25.1 - 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 25 - HEARING REQUIREMENTS FOR CERTIFIED NURSE AIDES › Section 8.370.25.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
These regulations apply to nurse aides on the nurse aide
				  registry who may perform nurse aide duties at medicare or medicaid
				  facilities.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 25 - HEARING REQUIREMENTS FOR CERTIFIED NURSE AIDES › Section 8.370.25.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The regulations set forth herein have been promulgated by
				  authority of Subsection E of Sections 9-8-6, Subsection O of Section 24-1-3,
				  and Subsection B of Section 24-2-5 NMSA 1978. 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 25 - HEARING REQUIREMENTS FOR CERTIFIED NURSE AIDES › Section 8.370.25.5 - 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 25 - HEARING REQUIREMENTS FOR CERTIFIED NURSE AIDES › Section 8.370.25.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of these regulations is to:
A. provide for notification to the nurse aide
				of allegations of abuse, neglect, or exploitation;
B. provide the opportunity for a hearing to
				the nurse aide against whom an allegation of abuse, neglect, or exploitation
				has been made;
C. provide for
				notification to the nurse aide and the nurse aide registry if the allegations
				are substantiated and upheld following any appeal requested pursuant to these
				regulations.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 25 - HEARING REQUIREMENTS FOR CERTIFIED NURSE AIDES › Section 8.370.25.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
For purposes of these regulations the following shall
				  apply.
A.
"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:
(1) physical contact that harms or is likely
				to harm a resident of a health facility;
(2) inappropriate use of a physical
				restraint, isolation, or medication that harms or is likely to harm a
				resident;
(3) inappropriate use of
				a physical or chemical restraint, medication, or isolation as punishment or in
				conflict with a physician's order;
(4) medically inappropriate conduct that
				causes or is likely to cause physical harm to a resident;
(5) medically inappropriate conduct that
				causes or is likely to cause great psychological harm to a resident;
(6) 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.