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 25 - HEARING REQUIREMENTS FOR CERTIFIED NURSE AIDES › Section 8.370.25.8 - INVESTIGATION

Current through Register Vol. 35, No. 13, July 16, 2024
Following review by the survey agency, all allegations for
				  which there is reason to believe, either through oral or written evidence, that
				  the resident has been abused, neglected or exploited will be
				  investigated.
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 8.370.25.9 - SOURCE OF COMPLAINTS

Current through Register Vol. 35, No. 13, July 16, 2024
All complaints received by the survey agency for which there
				  is reason to believe that the resident has been abused, neglected or exploited
				  will be investigated regardless of their source.
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 8.370.25.10 - NOTIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
If the survey agency determines, based on oral or written
				  evidence, that resident abuse, neglect or exploitation occurred, it shall
				  notify by mail the nurse aide implicated in the investigation and the
				  administrator of the facility that employs the nurse aide of the:
A. nature of the allegation(s);
B. date of the occurrence;
C. right to a hearing;
D. survey agency's intent to report the
				substantiated findings, once the nurse aide has had the opportunity for a
				hearing, to the nurse aide registry and other appropriate licensure
				authorities;
E. fact that the nurse
				aide's failure to request a hearing in writing within 30 days from the date of
				the notice will result in the survey agency reporting the substantiated
				findings to the administrator of the facility that employs the nurse aide to
				the nurse aide registry.
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 8.370.25.11 - REQUEST FOR HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
A nurse aide determined by the survey agency to have
				  committed abuse, neglect, or exploitation may request an administrative
				  hearing. The request for a hearing shall be in writing and mailed or delivered
				  to the New Mexico health care authority as directed in the notification sent
				  pursuant to 8.370.25.10 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 8.370.25.12 - IMPARTIAL HEARING OFFICER

Current through Register Vol. 35, No. 13, July 16, 2024
Upon receipt of a timely request for a hearing, the secretary
				  of the health care authority or their designee shall appoint an impartial
				  hearing officer to conduct the hearing and issue a report and recommended
				  decision. The hearing officer need not be an attorney. The hearing officer must
				  not have been involved in any way in the action which is challenged in the
				  hearing.
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 8.370.25.13 - PARTIES

Current through Register Vol. 35, No. 13, July 16, 2024
The parties to a hearing conducted under these regulations
				  shall be the survey agency and the nurse aide.
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 8.370.25.14 - PRE-HEARING DISCOVERY

Current through Register Vol. 35, No. 13, July 16, 2024
A. Upon
				written request, the nurse aide who has requested a hearing shall be entitled
				to review and copy documents in the survey agency's file that are relevant to
				the challenged action. Documents protected by confidentiality or privilege,
				however, shall not be inspected or copied.
B. The parties shall disclose to each other
				verbally, or in writing, and to the hearing officer, the names of witnesses to
				be called and the general subject matter of their testimony no later than two
				days prior to the hearing. No formal depositions shall be allowed, although if
				the witnesses do not object, they may be informally interviewed prior to their
				testimony.
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 8.370.25.15 - SCHEDULING THE HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				hearing shall take place within 30 days after the survey agency's receipt of
				the request for a hearing.
B. The
				survey agency or, if so delegated, the hearing officer shall schedule the
				hearing at a place and time reasonably convenient for the nurse aide and shall
				provide reasonable notice to the parties and to the administrator of the
				facility that employs the nurse aide of the place and time of the
				hearing.
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 8.370.25.16 - CONDUCT OF HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
A. The hearing
				officer shall conduct the hearing in public except when a closed hearing is
				requested in order to protect confidential information.
B. The survey agency has the burden of
				proving, by a preponderance of the evidence, the existence of the conduct
				relied upon to take the challenged action.
C. Testimony shall be under oath and
				witnesses are subject to cross examination.
D. The rules of evidence do not apply,
				however, evidence shall be admitted if it is the type that a reasonable person
				would rely on in the conduct of their affairs.
E. If a nurse aide demonstrates that resident
				neglect was caused by factors beyond their control, such showing shall
				constitute a defense to the charge of neglect.
F. A record made by audio recording device
				shall be maintained with the hearing officer's file.
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 8.370.25.17 - REPORT AND RECOMMENDATIONS OF HEARING OFFICER

Current through Register Vol. 35, No. 13, July 16, 2024
The hearing officer shall render and mail a written report
				  and recommended decision within five working days of the conclusion of the
				  hearing to the secretary of the health care authority or their designee. The
				  report shall state the basis of such decision and recommend final action to the
				  secretary or the designee. The decision need not contain formal findings of
				  fact or conclusions of law.
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 8.370.25.18 - FINAL DECISION

Current through Register Vol. 35, No. 13, July 16, 2024
The secretary, or the designee, shall render a final
				  determination within 10 days of the submission of the hearing officer's report.
				  Parties may be notified personally, by telephone or by mail of the final order.
				  A copy of the final decision shall be mailed to each party or attorney of
				  record.
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 8.370.25.19 - REPORT OF FINDINGS

Current through Register Vol. 35, No. 13, July 16, 2024
If the secretary, or the designee, finds that the nurse aide
				  has abused, neglected, or exploited a resident the survey agency shall report
				  these findings to:
A. the nurse
				aide;
B. the administrator of the
				facility that employs the nurse aide; and
C. the nurse aide registry.
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 8.370.25.20 - REPORT OF FINDINGS TO THE NURSE AIDE REGISTRY

Current through Register Vol. 35, No. 13, July 16, 2024
Within 10 working days of the secretary's, or their
				  designee's, findings, the survey agency shall report the following information
				  to the nurse aide registry:
A. the
				finding made by the secretary, or the designee, as a result of the
				hearing;
B. any statement by the
				nurse aide disputing the finding;
C. that the nurse aide waived the right to a
				hearing, if applicable;
D. any
				failure by the nurse aide to respond to the allegation.
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 8.370.25.21 - REQUIRED CONTENT OF REGISTRY RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
The survey agency shall retain in accordance with state of
				  New Mexico recordkeeping requirements:
A. records of occurrence;
B. investigative reports;
C. hearing findings;
D. waiver of hearing rights.
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 8.370.25.22 - APPEAL OF FINAL ACTION

Current through Register Vol. 35, No. 13, July 16, 2024
A party may appeal the secretary's, or their designee's,
				  final action to the first judicial district court in Santa Fe pursuant to Rule
				  1-075, NMRA within 30 days from the date of the final action. An appeal does
				  not stay the final action.
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 8.370.25.23 - RIGHT TO PETITION THE REMOVAL OF NAME FROM THE NURSE AIDE REGISTRY IN CASES OF NEGLECT

Current through Register Vol. 35, No. 13, July 16, 2024
A nurse aide may petition the health care authority for the
				  removal of their name from the nurse aide registry in cases where there was a
				  finding of neglect. Petitions for removal will not be accepted when the finding
				  was for abuse, physical or verbal. Such petitions shall be made in writing and
				  mailed or hand delivered to the health care authority, division of health
				  improvement, HFL&C bureau chief. The following procedures apply to nurse
				  aides who petition for the removal of their name from the nurse aide
				  registry.
A. The nurse aide may
				petition the authority after one year from the date that they were placed on
				the nurse aide registry. In their petition the nurse aide must show that
				through their employment and personal history their performance as a nurse aide
				does not reflect a pattern of abusive behavior or neglect; and that neglect
				involved in the original finding was a singular occurrence.
B. Within 30 days of receipt of a petition
				the authority shall set the date for a hearing. Failure to petition within 30
				days from the conclusion of the one year period shall result in forfeiture of
				the person's right to a hearing. Such a request shall be made in writing and
				mailed, or hand delivered, and shall be accompanied by a payment of $40.00 or a
				sworn statement of indigence on a form provided by the authority. The hearing
				shall be held in Santa Fe, New Mexico at the health care authority.
C. In the event that the authority denies the
				petition, the authority will notify the nurse aide within 30 days of the
				reasons for denying the petition and the nurse aide will continue to be placed
				on the nurse aide registry.
D. If
				the secretary of the health care authority, or their designee, determines that
				the nurse aide does not show a pattern of abusive behavior or neglect, and the
				neglect involved was a singular occurrence, the nurse aide shall be placed in
				probationary status on the nurse aide registry. The period of probation will be
				determined by the secretary, or their designee, and shall not exceed one year.
				During the probationary period the nurse aide must complete necessary training
				involving resident's rights, or other training approved by the health facility
				licensing and certification bureau. Upon successful completion of the
				probationary period the nurse aide's certification will be reinstated, and they
				will be removed from the nurse aide registry.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 2 - REQUIREMENTS FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 8.371.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
These regulations apply to any facility providing services as
				  outlined by these regulations and any facility 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 as an intermediate care facility for the
				  mentally retarded (ICF/MR). All facilities licensed after the effective date of
				  these regulations shall be limited to a capacity of no greater than four
				  clients, except as provided herein in Subsection C of 8.371.2.21
				  NMAC.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 2 - REQUIREMENTS FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 8.371.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The regulations set forth herein are promulgated pursuant to
				  the general authority granted under Subsection E of Section 9-8-6 NMSA 1978;
				  and the authority granted under Subsection D of Section 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
				  (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 371 - DEVELOPMENTAL DISABILITIES › Part 2 - REQUIREMENTS FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 8.371.2.5 - 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 371 - DEVELOPMENTAL DISABILITIES › Part 2 - REQUIREMENTS FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 8.371.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of these regulations is to:
A. Establish professional minimum standards
				for ICF/MR facilities in the state of New Mexico which were formerly licensed
				under regulations governing long term care facilities.
B. Monitor ICF/MR facilities with these
				regulations through surveys to identify any areas which could be dangerous or
				harmful to the clients or staff.
C.
				Encourage the maintenance of ICF/MR facilities that provide quality services
				which maintain or improve the health and quality of life to the
				clients.
D. Expand the availability
				of ICF/MR programs to assure timely placement for persons who need residential
				services.
E. Assure integrated
				active treatment programs, homelike living arrangements, and consumer
				protections for ICF/MR clients.
F.
				Promote access and availability statewide.
G. Recognize specialized ICF/MR programs to
				serve individuals with intense needs.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 2 - REQUIREMENTS FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 8.371.2.8 - 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 ICF/MR services to the public in facilities governed by these
				  regulations.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 2 - REQUIREMENTS FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 8.371.2.9 - ICF/MR FACILITY AND SCOPE OF SERVICES PROVIDED

Current through Register Vol. 35, No. 13, July 16, 2024
The ICF/ MR provides active treatment in the least
				  restrictive setting and includes all needed services for mentally retarded
				  individuals or persons with related conditions whose mental or physical
				  condition require services on a regular basis that are above the level of a
				  residential or room and board setting and can only be provided in a facility
				  which is equipped and staffed to provide the appropriate
				  services.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 2 - REQUIREMENTS FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 8.371.2.11 - INITIAL LICENSURE PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
The following procedures must be followed by the applicant
				  for initial licensure of an ICF/MR facility.
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
				an ICF/MR facility pursuant to these regulations. Prior to starting
				construction, renovations, or additions to an existing building the applicant
				of the proposed facility shall:
(1) advise the
				licensing authority of intention to open a ICF/MR facility pursuant to these
				regulations;
(2) submit a complete
				set of construction documents (blueprints) for the total building;
(3) blueprints will be reviewed by the
				licensing authority for compliance with current licensing regulations, building
				and fire codes;
(4) if blue prints
				or plans are approved the licensing authority will advise the applicant that
				construction may begin.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 2 - REQUIREMENTS FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 8.371.2.12 - 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 ICF/MR 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 371 - DEVELOPMENTAL DISABILITIES › Part 2 - REQUIREMENTS FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 8.371.2.13 - LICENSE RENEWAL

Current through Register Vol. 35, No. 13, July 16, 2024
A. Licensee
				must submit a renewal application on forms provided by the licensing authority,
				along with the required fee at least 30 days prior to expiration of the current
				license.
B. Upon receipt of renewal
				application and required fee prior to expiration of current license the
				licensing authority will issue a new license effective the day following the
				date of expiration of the current license if the facility is in substantial
				compliance with these regulations.
C. If a licensee fails to submit a renewal
				application with the required fee and the current license expires the 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 371 - DEVELOPMENTAL DISABILITIES › Part 2 - REQUIREMENTS FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 8.371.2.14 - POSTING OF LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
The facility's license must be posted in a conspicuous place
				  on the licensed premises in an area visible to the public.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 2 - REQUIREMENTS FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 8.371.2.15 - NON-TRANSFERABLE RESTRICTION ON LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
A license shall not be transferred by assignment or otherwise
				  to other persons or locations. The license shall be void and must be returned
				  to the licensing authority when any one of the following situations
				  occur:
A. ownership of the facility
				changes;
B. the facility changes
				location;
C. licensee of the
				facility changes;
D. The facility
				discontinues operation.
E. A
				facility wishing to continue operation as a licensed ICF/MR facility under
				circumstances found in Subsections A through D above must submit an application
				for initial licensure in accordance with Section 11 of these regulations at
				least 30 days prior to the anticipated change.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 2 - REQUIREMENTS FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 8.371.2.16 - AUTOMATIC EXPIRATION OF LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
A license will automatically expire at midnight on the day
				  indicated on the license as the expiration date, unless sooner renewed
				  suspended or revoked or:
A. on the day
				a facility discontinues operation;
B. on the day a facility is sold, leased, or
				otherwise changes ownership or licensee;
C. on the day a facility changes
				location.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 2 - REQUIREMENTS FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 8.371.2.17 - SUSPENSION OF LICENSE WITHOUT PRIOR HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
In accordance with Subsection H of Section 24-1-5 NMSA 1978,
				  if immediate action is required to protect human health and safety, the
				  licensing authority may suspend a license pending a hearing, provided such
				  hearing is held within five working days of the suspension, unless waived by
				  the licensee.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 2 - REQUIREMENTS FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 8.371.2.18 - GROUNDS FOR REVOCATION OR SUSPENSION OF LICENSE, DENIAL OF INITIAL OR RENEWAL APPLICATION FOR LICENSE, OR IMPOSITION OF INTERMEDIATE SANCTIONS OR CIVIL MONETARY PENALTIES

Current through Register Vol. 35, No. 13, July 16, 2024
A license may be revoked or suspended, an initial or renewal
				  application 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 material 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 clients receiving care at the
				facility.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 2 - REQUIREMENTS FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 8.371.2.19 - HEARING PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Hearing
				procedures for adverse action taken by the licensing authority against a
				facility license as outlined in Section 17 and 18 above will be held in
				accordance with adjudicatory hearings, New Mexico health care authority,
				8.370.2 NMAC.
B. A copy of the
				above regulations may be requested at any time by contacting the licensing
				authority.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 2 - REQUIREMENTS FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 8.371.2.20 - CURRENTLY LICENSED FACILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
Any 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 as an ICF/MR.
A. Variance
				may be granted for those building requirements the facility cannot meet
				provided the variances granted will not create a hazard to the health, safety
				and welfare of the clients and staff, and;
B. The building requirements for which
				variances are granted cannot be corrected without an unreasonable expense to
				the facility, and
C. Variances
				granted will be recorded and made a permanent part of the facility
				file.
D. Facilities currently
				licensed for more than four clients may not increase their capacity.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 2 - REQUIREMENTS FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 8.371.2.21 - NEW FACILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A new 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 facility cannot meet under the same criteria outlined in
				Subsections A, B and C of 8.371.2.20 NMAC, if not in conflict with existing
				building and fire codes. This is at the sole discretion of the licensing
				authority.
B. A new facility opened
				in a newly constructed building must meet all requirements of these
				regulations.
C. A new facility may
				not be licensed for more than four clients. Exception: ICF/MR facilities may be
				licensed for a maximum capacity of six clients based upon a written plan that
				must be submitted to the licensing authority prior to the facility's licensure.
				Approval of the plan is in the discretion of the licensing authority. The plan
				must demonstrate the following:
(1) The
				anticipated facility service benefits to the client population.
(2) How the facility's services will promote,
				independence, active treatment and community supports.
(3) How the facility's services will address
				the needs and protections of the proposed clients.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 2 - REQUIREMENTS FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 8.371.2.22 - 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 facility by authorized licensing authority representatives
				at reasonable times during the pendency of the application and, if licensed,
				during the licensure period.
B.
				Surveys may be announced or unannounced at the sole discretion of the licensing
				authority.
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.
E. The
				licensing authority may impose intermediate supervisory and management
				requirements, including the administrative costs therefore, and civil monetary
				penalties pursuant to Section 24-1-5.2 NMSA 1978.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 2 - REQUIREMENTS FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 8.371.2.23 - REPORTING OF INCIDENTS

Current through Register Vol. 35, No. 13, July 16, 2024
All facilities licensed pursuant to these regulations must
				  report to the licensing authority any serious incident or unusual occurrence
				  which has, or could threaten the health, safety, and welfare of the clients or
				  staff, such as but not limited to:
A.
				fire, flood, or other natural disaster which creates structural damages to the
				facility or poses health hazards;
B. any serious outbreak of contagious
				diseases dangerous to the public health;
C. any serious human errors by staff members
				of the facility which has resulted in the death, serious illness, or physical
				impairment of a client.
D. in
				accordance with the 'Resident Abuse and Neglect Act", NMSA 1978, any incident
				of abuse, neglect or exploitation of a client, patient, or resident of a health
				facility must be reported to the health care authority and adult protective
				services.
E. any incidents of
				abuse, neglect, exploitation, death or other reportable incidents must be
				reported in accordance with health care authority incident management
				policies.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 2 - REQUIREMENTS FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 8.371.2.24 - QUALITY ASSURANCE

Current through Register Vol. 35, No. 13, July 16, 2024
All facilities licensed pursuant to these regulations must
				  have an on-going, comprehensive self-assessment of the services provided by the
				  facility. The assessment must include the total operation of the
				  facility.
A. To be considered
				comprehensive the assessment for quality assurance must include, but is not
				limited to the following:
(1) condition of
				clients and services rendered;
(2)
				completeness of client records;
(3)
				organization of the facility;
(4)
				administration;
(5) staff
				utilization and training;
(6)
				policies and procedures.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 2 - REQUIREMENTS FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 8.371.2.25 - CLIENT RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
The facility must develop and maintain a record keeping
				  system that includes a separate record for each client which documents the
				  client's health care, active treatment, social information, and protection of
				  the client's rights. As a minimum the client's record must contain:
A. Personal information:
(1) full name;
(2) date of birth;
(3) social security number;
(4) height;
(5) weight;
(6) color of hair;
(7) color of eyes;
(8) identifying marks and recent
				photograph;
(9) full name of
				parents and their dates of birth;
(10) language(s) spoken and understood and
				language used in the natural home;
(11) information relevant to religious
				preference;
(12) legal
				documentation relevant to commitment or guardianship status;
(13) name, address, and telephone number of
				next-of-kin, other person or agency to contact in case of an
				emergency.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 2 - REQUIREMENTS FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 8.371.2.26 - REPORTS AND RECORDS REQUIRED TO BE ON FILE IN THE FACILITY

Current through Register Vol. 35, No. 13, July 16, 2024
Each facility licensed pursuant to these regulations must
				  keep the following reports and records on file and make them available for
				  review upon request of the licensing authority.
A. a copy of the latest fire inspection
				report by the fire authority having jurisdiction;
B. a copy of the last survey conducted by the
				licensing authority and variances granted;
C. record of fire and emergency evacuation
				drills conducted by the facility;
D. licensing regulations: a copy of these
				regulations: Requirements for intermediate care facilities for the mentally
				retarded, New Mexico health care authority, 8.371.2 NMAC;
E. health certificates of staff;
F. a copy of the current license,
				registration or certificate, of each staff member for which a license,
				registration, or certification is required by the state of New
				Mexico;
G. valid drug permit as
				required by the state board of pharmacy;
H. latest inspection by the state board of
				pharmacy;
I. New Mexico environment
				department approval of private water system, if applicable;
J. New Mexico environment department approval
				of private waste or sewage disposal, if applicable;
K. New Mexico environment department approval
				of the kitchen. NOTE: An approval of kitchen is not required if preparing meals
				is part of the training program of the clients of the facility and the facility
				has a letter of exemption on file from the New Mexico environment
				department;
L. documentation of fire
				equipment and fire systems inspections;
M. reports of client abuse and incidents
				involving clients.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 2 - REQUIREMENTS FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 8.371.2.27 - CLIENT RIGHTS

Current through Register Vol. 35, No. 13, July 16, 2024
Any facility licensed pursuant to these regulations must
				  support, protect, and enhance the rights of clients as listed below:
A. Information: Each client or legal guardian
				must be fully informed before or at time of admission, of their rights and
				responsibilities and of all rules governing clients conduct.
(1) If a facility amends its policies on
				client rights and responsibilities and its rules governing conduct the clients
				must be immediately informed.
(2)
				Each client and or legal guardian must acknowledge, in writing, that they have
				been informed of these rights.
(3)
				Each client and or legal guardian must be fully informed, in writing, of all
				services available in the facility and of the charges for these services. If
				charges change the client must be immediately informed.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 2 - REQUIREMENTS FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 8.371.2.28 - PHILOSOPHY, OBJECTIVES AND GOALS

Current through Register Vol. 35, No. 13, July 16, 2024
Each facility licensed pursuant to these regulations must
				  have a written outline of the philosophy, objectives, and goals it is striving
				  to achieve that includes, at least:
A.
				the facility's role in the state comprehensive program for the mentally
				retarded;
B. the facility's goals
				for its clients to include but not limited to: an integrated active treatment
				program, homelike living environments and consumer protections;
C. the facility's concept of its relationship
				to the parents or legal guardians of its residents;
D. the facility's outline of the above must
				be available for distribution to staff, consumer representatives, and the
				interested public;
E. the
				facility's promotion of informed decision making by the consumer;
F. the facilities policies on utilization of
				community supports and how clients will be involved in the community.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 2 - REQUIREMENTS FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 8.371.2.29 - POLICIES AND PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
Each facility licensed pursuant to these regulations must
				  have written policies and procedures covering the following areas:
A. client's civil rights;
B. delegation of client's civil
				rights;
C. handling of client
				funds;
D. admission criteria and
				evaluations;
E. personnel
				policies;
F. prohibitions against
				mistreatment, neglect or abuse of clients by employees or other
				persons;
G. staff training and
				evaluations;
H. control and
				discipline of clients, including behavior management;
I. use of physical and chemical
				restraints;
J. quality
				assurance;
K. procurement,
				handling, storage, safeguarding and accountability of medications;
L. maintenance of buildings, grounds and
				equipment;
M. transfer of client to
				hospital or other facility;
N.
				release of client medical records;
O. fire and disaster.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 2 - REQUIREMENTS FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 8.371.2.30 - STAFF RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
There must be maintained on file in the facility or in a
				  central office if there are multifacilities run by the same organization in the
				  same city or town, a record for each staff member which contains at least, but
				  is not limited to, the following:
A.
				Personal information:
(1) name;
(2) address and telephone number;
(3) position for which employed;
(4) person to contact in case of
				emergency.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 2 - REQUIREMENTS FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 8.371.2.31 - FACILITY RULES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each
				facility licensed pursuant to these regulations must have facility rules which
				must include, but is not limited to, the following:
(1) the use of tobacco or alcohol;
(2) visitors and visiting hours;
(3) use of the telephone;
(4) hours and volume for viewing and
				listening to television, radio, and phonographs;
(5) use and safekeeping of personal
				property.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 2 - REQUIREMENTS FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 8.371.2.32 - ADMISSION AGREEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
Prior to admission to a facility, the licensee or authorized
				  representative and the client or client's parent/s or guardian shall sign a
				  written admission agreement. The facility shall keep the original agreement in
				  the client's record and a copy must be provided to the client or client/s
				  parent/s or guardian. A standard form may be developed and used. The admission
				  agreement must meet the criteria stated below:
A. The services that will be provided by the
				facility and the charges for such services must be explained in full.
B. The method of payment for the services
				must be clearly stated.
C. Terms
				for termination of the admission agreement either on part of the facility or
				the client or parent/s or guardian must be clearly outlined.
D. A new admission agreement must be made
				whenever any term of the agreement is changed by either the facility or the
				client or the parent/s or guardian of the client.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 2 - REQUIREMENTS FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 8.371.2.33 - AGREEMENTS WITH OUTSIDE RESOURCES

Current through Register Vol. 35, No. 13, July 16, 2024
If the ICF/MR does not employ a qualified professional to
				  furnish a required service, it must have in effect a written agreement with a
				  qualified professional outside the ICF/MR to furnish the required service. The
				  agreement must:
A. contain the
				responsibilities, functions, objectives, and other items agreed to by the ICF/
				MR and the qualified professional;
B. be signed by the administrator or their
				representative and by the qualified professional;
C. the facility must assure that outside
				providers meet all appropriate state and federal requirements, and the quality
				of services meet the needs of the individual.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 2 - REQUIREMENTS FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 8.371.2.34 - STAFF CLIENT COMMUNICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The facility must provide for effective staff and resident
				  participation and communication in the following manner:
A. The facility must establish appropriate
				standing committees such as human rights, and other committees as appropriate
				to the facility.
B. The committees
				must meet regularly and include direct-care staff whenever
				appropriate.
C. Reports of staff
				meetings and standing and ad hoc committee meetings must include
				recommendations and their implementation, and be filed in the
				facility.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 2 - REQUIREMENTS FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 8.371.2.35 - COMMUNICATIONS WITH THE CLIENTS, PARENTS/GUARDIANS

Current through Register Vol. 35, No. 13, July 16, 2024
The facility must have an active program of communication
				  with the client's and their families, that includes:
A. keeping client's families or legal
				guardians informed of resident activities that may be of interest to them and
				of significant changes in the client's condition;
B. answering communications from client's
				relatives promptly and appropriately;
C. allowing close relatives and guardians to
				visit at any reasonable hour, without prior notice, unless the client's needs
				limit visits;
D. allowing parents
				to visit any part of the facility that provides services to clients;
E. encouraging frequent and informal visits
				home by the clients;
F. having
				rules that make it easy to arrange visits home;
G. the facility must insure that individuals
				allowed to visit the facility under Subsection C of 8.371.2.35 NMAC above do
				not infringe on the privacy and rights of other clients.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 2 - REQUIREMENTS FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 8.371.2.36 - RESEARCH STATEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
If the facility conducts research, it must establish
				  protocols based on standards of conduct currently endorsed by professional and
				  federal standards.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 2 - REQUIREMENTS FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 8.371.2.37 - BUILDING(S), GROUNDS, AND SAFETY REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Those programs which are located in a
				building which is licensed as a long term care facility or hospital must meet
				all the building requirements for that type facility as outlined in the
				following regulations:
(1) Requirements for
				General and Special Hospitals, New Mexico health care authority, 8.370.12
				NMAC.
(2) Requirements for Long
				Term Care Facilities, New Mexico health care authority, 8.370.16
				NMAC.
(3) Copies of these
				regulations may be requested from the licensing authority.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 2 - REQUIREMENTS FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 8.371.2.38 - MAINTENANCE OF BUILDING(S), GROUNDS, AND EQUIPMENT

Current through Register Vol. 35, No. 13, July 16, 2024
Facilities licensed pursuant to these regulations must keep
				  the building(s), grounds, and equipment in good repair and presentable at all
				  times such as, but not limited to the following:
A. All electrical, signaling, mechanical,
				water supply, heating, fire protection, and sewage disposal systems must be
				maintained in a safe and functioning condition to include regular inspections
				of these systems.
B. All client
				care equipment must be maintained in a safe and operable condition at all
				times.
C. All furniture and
				furnishings must be kept clean and in good repair. Furnishings or decorations
				of an explosive or highly flammable character must not be used.
D. The grounds of the facility must be
				maintained in a safe, sanitary and presentable condition at all
				times.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 2 - REQUIREMENTS FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 8.371.2.39 - HOUSEKEEPING

Current through Register Vol. 35, No. 13, July 16, 2024
A. The facility
				must be kept free from offensive odors, accumulations of dirt, rubbish, dust
				and safety hazards.
B. Client rooms
				must be cleaned and tidied daily.
C. Floors and walls must be constructed of a
				finish that can be easily cleaned. Floor polish shall provide a slip-resistant
				finish.
D. Bathrooms and lavatories
				must be cleaned as often as necessary to maintain a clean and sanitary
				condition.
E. Deodorizers must not
				be used to mask odors caused by the unsanitary conditions or poor housekeeping
				practices.
F. Storage areas must be
				kept free from accumulation of refuse, discarded furniture, old newspapers, and
				the like.
G. Combustibles such as
				cleaning rags and compounds must be kept in closed metal containers in areas
				providing adequate ventilation and away from client rooms.
H. Poisonous or flammable substances must not
				be stored in residential areas, food preparation areas, or food storage
				areas.