Part 2. REQUIREMENTS FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED, version 40 (§ 8.371.2.1 to 8.371.2.96)

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…

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 facility's license must be posted in a conspicuous place on the licensed premises in an area visible to the public.

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 or …

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 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 provis…

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 ma…

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 car…

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 build…

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 N…

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.…

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 natur…

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 assur…

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. …

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…

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…

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 goal…

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…

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, N…

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) na…

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 …

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…

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, objec…

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 mee…

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. …

If the facility conducts research, it must establish protocols based on standards of conduct currently endorsed by professional and federal standards.

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 hea…

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 …

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-res…

Permanent.

A. Heating, air-conditioning, piping, boilers, and ventilation equipment must be furnished, installed and maintained to meet all requirements of current state and local mechanical, electrical, and construction codes. All facilities must have documentation that fuel-fire heating s…

A. All fuel fired water heaters shall be separated from other parts of the facility by partitions having a fire resistive rating of one hour. Doors to enclosure must be one and three quarter inches solid core. B. All water heaters must be equipped with a pressure relief valve (po…

A. A facility must be provided with an adequate supply of water which is of a safe and sanitary quality suitable for domestic use. B. If the water supply is not obtained from an approved public system, the private water system must be inspected, tested, and approved by the New Me…

A. All sewage and liquid wastes must be disposed of into a municipal sewage system where such facilities are available. B. Where a municipal sewage system is not available, the system used must be inspected and approved by the environmental health authority. C. Where municipal or…

A. All areas of the facility including storerooms, stairways, hallways, and entrances must be lighted sufficiently to make all parts of the area clearly visible. B. Exits, exit-access ways, and other areas used at night by clients and staff must be illuminated. C. Lighting fixtur…

A. Electrical installations and electrical equipment must comply with all current state and local codes. B. All fuse and breaker boxes must be labeled to indicate the area of the facility to which each fuse or circuit breaker provides services. C. The main electrical service line…

A. Each resident sleeping room and activity room must have window area of at least one tenth the floor area with a minimum of at least 10 square feet. B. Each sleeping room must provide at least one window for egress or rescue with a minimum net clear opening of five point seven …

A. Each building must have at least two approved exits. B. Each exit will be clearly marked with signs having letters at least six inches high whose principal strokes are at least three fourths of an inch wide. Exit signs shall be visible at all times. C. Exits must be clear of o…

A. Corridors in a facility must have a minimum width of 36 inches. Corridors in newly constructed facilities shall have a minimum width of 44 inches. B. Corridors shall have a clear ceiling height of not less than seven feet measured to the lowest projection from the ceiling. C. …

A. All habitable rooms in a facility shall have a ceiling height of not less than seven feet six inches. Kitchens, halls, bathrooms and toilet compartments will have a ceiling height of not less than seven feet. B. All habitable rooms other than a kitchen shall be not less than s…

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

A. All client sleeping room doors must be at least one and three quarter inches bonded solid core with a minimum width of 30 inches. B. All exit doors must have a minimum width of 36 inches. C. All doors to toilet and bathing facilities must have a minimum width of 24 inches. D. …

A. Each client room must be an outside room. B. There must be no through traffic in client rooms. C. Client rooms must communicate directly with other areas of the facility. D. Client rooms must be private or semi-private. E. Private rooms must have at least 100 square feet of fl…

A. Toilets and sinks for residents in a facility must be provided in a ratio of at least one toilet and one sink for every eight clients. B. If a facility has a capacity greater than five and provides service to both male and female clients, separate facilities must be provided f…

All current applicable requirements of state and local codes for fire prevention and safety must be met by the facility.

A. Written documentation from the state fire marshall's office or fire prevention authority having jurisdiction evidencing a facility's compliance with applicable fire prevention codes shall be submitted to the licensing authority prior to issuance of a initial license. B. Each f…