Part 16. REQUIREMENTS FOR LONG TERM CARE FACILITIES, version 5 (§ 8.370.16.1 to 8.370.16.88)

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…

The license or a certified copy thereof shall be conspicuously posted in a location or accessible to public view within the facility.

A. The licensee shall notify the authority in writing of any changes in the information provided, within 10 days of such changes. This notification shall include information and documentation regarding such changes. B. When a change of administrator occurs, the authority shall be…

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 loc…

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 …

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 waive…

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 pro…

A. Hearing procedures for an administrative appeal of an adverse action taken by the licensing authority against the long term care facility as outlined in 8.370.16.17 NMAC and 8.370.16.18 NMAC will be held in accordance with adjudicatory hearings, New Mexico health care authorit…

A. Services for residents shall be provided on a continuing 24 hour basis and shall maintain or improve physical, mental and psychosocial well-being under plan of care developed by a physician or other licensed health professional and shall be reviewed and revised based on assess…

A. All facilities shall maintain compliance with the licensee requirements. If the use of alternate concepts, methods, procedures, techniques, equipment, personnel qualifications or the conducting of pilot projects conflicts with requirements, then prior written approval from the…

A. Definitions: As used in this section:(1) waiver: means the grant of an exemption from a requirement of these regulations; (2) variance: means the granting of an alternate requirement in place of a requirement of these regulations. B. Requirements for waivers and variances: A w…

Every resident shall have the right to: A. Communications: Have private and unrestricted communications with the resident's family, physician, attorney and any other person, unless medically contraindicated as documented by the resident's physician in the resident's medical recor…

A. Filing complaints: Any person may file a complaint with a licensee or the authority regarding the operation of a facility. Complaints may be made orally or in writing. B. Reviewing complaints: Each facility shall establish a system of reviewing complaints and allegations of vi…

A. In this section, "access" means the right to: (1) enter any facility; (2) seek a resident's agreement to communicate privately and without restriction with the resident; (3) communicate privately and without restriction with any resident who does not object to communication. B…

Definitions as used in this section: A. Locked unit: means a ward, wing or room which is designated as a protected environment and is secured in a manner that prevents a resident from leaving the unit at will. A physical restraint applied to the body is not a locked unit. A facil…

A nursing home shall be supervised by an administrator licensed under the Nursing Home Administrators Act, Sections 61-13-16 through 6113-16 NMSA 1978. Supervision shall include, but not be limited to, taking all reasonable steps to provide qualified personnel to assure the healt…

In this section, "employee" means anyone directly employed by the facility on other than a consulting or contractual basis. A. Qualifications and restrictions: No person under 16 years of age shall be employed to provide direct care to residents. B. Physical health certifications…

The administrator or administrator's designee shall provide the authority with any information required to document compliance with these regulations and shall provide reasonable means for examining records and gathering the information.

A separate record of each employee shall be maintained, be kept current, and contain sufficient information to support assignment to the employee's current position and duties.

The regulations set forth herein are promulgated pursuant to the general authority granted under Subsection E of Section 9-8-6 NMSA 1978; and the authority granted under Subsection D of Section 241-2 NMSA 1978, Subsection I of Section 24-1-3 NMSA 1978 and 241-5 NMSA 1978 of the P…

A. Timeliness: Duties relating to medical records shall be completed in a timely manner. B. Each facility shall designate an employee of the facility as the person responsible for the medical record service, who:(1) is a graduate of a school of medical record science that is accr…

A. Availability of records: Medical records of current residents shall be stored in the facility and shall be easily accessible, at all times, to persons authorized by the resident to obtain the release of the medical records. B. Organization: The facility shall maintain a system…

Except for persons admitted for short-term care, each resident's medical record shall contain: A. Identification and summary sheet: B. Physician's documentation:(1) An admission medical evaluation by a physician, including:(a) a summary of prior treatment; (b) current medical fin…

The facility shall retain: A. Dietary records: All menus and therapeutic diets for one year. B. Staffing records: Records of staff work schedules and time worked for one year. C. Safety tests: Records of tests of fire detection, alarm, and extinguishment equipment. D. Resident ce…

A. Bed capacity: No facility may house more residents than the maximum bed capacity for which it is licensed. Persons participating in a day care program are not residents for purposes of these regulations. B. Care levels: No person who requires care greater than that which the f…

A. Persons requiring unavailable services: Persons who require services which the facility does not provide or make available shall not be admitted or retained. B. Communicable diseases: (1) Restriction: No person suspected of having a disease in a communicable state shall be adm…

A. Approval: Each facility serving residents who have a developmental disability and require active treatment shall submit a written program statement to the authority for approval. B. Contents: The program statement shall detail the following:(1) services to be provided; (2) adm…

A. "Applicability": The procedures in this section apply to all persons admitted to facilities except persons admitted for short-term care. B. "Physicians orders": No person may be admitted as a resident except upon: (1) order of a physician; (2) receipt of information from a phy…

The provisions of this section shall apply to all resident removals. A. Conditions: No resident may be temporarily or permanently removed from this facility except: (1) Voluntary removal: Upon the request or with the informed consent of the resident or guardian. (2) Involuntary r…

A. Requirement: Each facility shall have in effect a transfer agreement with one or more hospitals under which in-patient hospital care or other hospital services are available promptly to the facility's resident's when needed. Facilities under same management having identified d…

Permanent.

A. Bedhold: A resident who is on leave or temporarily discharged has expressed an intention to return to the facility under the terms of the admission policy for bedhold, shall not be denied readmission, if level of care remains the same. B. Limitation: The facility shall hold a …

Prior to any transfer of a resident between rooms or beds within a facility, the resident or guardian, if any, and any other person designated by the resident shall be given a reasonable notice and explanation of the reasons for transfer. Transfer of a resident between rooms or b…

Each resident shall receive care based upon individual needs. A. Hygiene: (1) Each resident shall be kept comfortably clean and well groomed. (2) Beds shall be made daily, with a complete change of linen to be provided as often as necessary, but at least once a week. (3) Resident…

A. Changes in condition: A resident's physician, guardian, if any, and any other responsible person designated in writing by the resident or guardian to be notified shall be notified promptly of any significant accident, injury, or adverse change in the resident's condition. B. C…

A. Orders: (1) Restriction: Medications, treatments and rehabilitative therapies shall be administered as ordered by a physician or dentist subject to the resident's rights to refuse them. No medication, treatment or changes in medication or treatment may be administered to a res…

A. Definitions: As used in this subsection, the following definitions apply: (1) Physical restraint: means any article, device, or garment which is used primarily to modify, resident behavior by interfering with the free movement of the resident, and which the resident is unable …

A. Orders of oxygen: Except in an emergency, oxygen shall be administered only on order of a physician. B. Person administering: Oxygen shall be administered to residents only by a capable person trained in its administration and use. C. Signs: "No smoking" signs shall be posted …

A. Developmental and content of care plans: Except In the case of a person admitted for short-term care, within two weeks following admission a written care plan shall be developed, based on the resident's history and assessments from all appropriate disciplines and the physician…

A. Medical director: Every skilled care facility shall retain, pursuant to a written agreement, a physician to serve as medical director on a part-time or full-time basis as is appropriate for the needs of the residents and the facility. If the facility has an organized medical s…

The facility shall assure that the following services are provided: A. Attending physicians: Each resident shall be under the supervision of a physician of the resident's or guardian's choice who evaluates and monitors the resident's immediate and longterm needs and prescribes me…

July 1, 2024, unless a different date is cited at the end of a section.

A. Definitions: (1) Nursing personnel: means nurses, nurse aides, nursing assistants, and orderlies. (2) Ward clerk: means an employee who performs clerical duties of the nursing personnel. B. Director of nursing services in skilled care and intermediate care facilities:(1) Staff…

In addition to the requirements of 8.370.16.50 NMAC, the following conditions shall be met: A. Assignments: There shall be sufficient nursing service personnel assigned to care for the specific needs of each resident on each tour of duty. Those personnel shall be briefed on the c…

The facility shall provide a dietary service or contract for a dietary service which meets the requirements of this section. A. Staff: (1) Full or part-time supervisor: The dietary service shall be supervised by a full-time supervisor, except that an intermediate care facility wi…

A. Supplies: Food shall be purchased or procured from approved sources or sources meeting federal, state, and local standards or laws. B. Preparation: Food shall be cleaned and prepared by methods that conserve nutritive value, flavor and appearance. Food shall be cut, chopped, o…

A. Equipment and utensils: (1) All equipment, appliances and utensils used in preparation or serving of food shall be maintained in a functional, sanitary, and safe condition. Replacement equipment shall meet criteria established in "listing of food service equipment" by the nati…