New Mexico Administrative Code

The requirements set forth herein are promulgated by the secretary of the health care authority, pursuant to the general authority granted under Subsection E of Section 9-8-6 NMSA 1978, as amended and the authority granted under Subsection D of Section 241-2, Subsection I of Sect…

A. Medical Record: A medical record shall be maintained for every patient admitted for care in the hospital. The record shall be kept confidential and released only in accordance with the Sections 146-1, 14-6-2 NMSA 1978 and, where appropriate, Section 43-1-19 NMSA 1978. B. Servi…

A. Services and facilities: (1) The extent and complexity of laboratory services shall be commensurate with the size, scope, and nature of the hospital and the needs of the medical staff. (2) Necessary space, facilities and equipment to perform both the basic minimum and all othe…

A. Diagnostic X-Ray services. (1) Requirement: The hospital shall make diagnostic x-ray services available. These services shall meet professionally approved standards for safety and the qualifications of personnel in addition to the requirements set out in this subsection. (2) L…

A. Nuclear medicine service: (1) Requirement: If a hospital provides nuclear medicine services, the services shall meet the needs of the hospital's patients in accordance with acceptable standards of professional practice. (2) Organization and staffing: (a) the organization of th…

A. Policies and procedures: Hospitals which have surgery, anesthesia, dental, maternity, and other services which may be optional services shall have effective written policies and procedures, in addition to those set forth under these requirements, relating to the staffing and f…

A. Organization: (1) A hospital may have either inclusive rehabilitation services or separate services for physical therapy, occupational therapy, speech language pathology, recreational therapy or audiology. (2) Rehabilitation services shall have written policies and procedures …

A. Direction: If respiratory care services are offered by the hospital, the service shall be under the medical direction of a qualified physician. B. Policies and procedures. Respiratory care services shall be provided in accordance with written policies and procedures that shall…

A. Medical direction: If outpatient services are offered by the hospital, the services shall be under the direction of a qualified member of the medical staff. B. Administration: (1) The outpatient service shall be organized into sections or clinics, the number of which shall dep…

A. Minimum care requirements: Acute-care or limited services hospitals must provide an area in the facility with adequate space and emergency equipment needed to treat emergency patients. Written policies for the care of such patients must be readily available to all patient care…

A. Organized service. If the healthcare system provides social work services there should be corresponding written policies and procedures governing the scope and provision of services. If the system does not have employed providers for social work services, then they must be obt…

Permanent.

A. Additional medical record requirements: The medical records maintained by a psychiatric hospital shall document the degree and intensity of the treatment provided to individuals who are furnished services by the facility. A patient's medical record shall contain: (1) identific…

A. General: The buildings of the hospital shall be constructed and maintained so that they are functional for diagnosis and treatment and for the delivery of the hospital services appropriate to the needs of the community and with due regard for protecting the life, health and sa…

A. Anatomical Gifts: The hospital will adopt and implement organ and tissue donation policies and procedures to assist the medical, surgical and nursing staff in identifying and evaluating potential organ or tissue donors. (1) Organ bank: Means a facility certified by CMS for sto…

Hospitals subject to these requirements 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 sanctio…

July 1, 2024, unless a later date is specified at the end of a section.

A. Establish standards for licensing hospitals in order to ensure that hospital patients receive adequate care and treatment and that the health and safety of patients and hospital employees are protected. B. Establish standards for the construction, maintenance and operation of …

A. "Abuse" means injury, sexual misuse, or neglect resulting in harm of an individual patient. B. "Acute-care hospital" means a hospital providing emergency services, in-patient medical and nursing care for acute illness, injury, surgery or obstetrics; ancillary services such as …

Procedures applicable after January 1, 2003: This section addresses the requirements of Section 24-1-5.8 NMSA 1978 (2003) and applies to local communities in which an acute-care hospital or a limited services hospital applies to be licensed or becomes initially licensed by the au…

A. "Annual license": an annual license is issued for a one-year period to a hospital that has met all requirements of these requirements. B. "Temporary license": the licensing authority may, at its sole discretion, issue a temporary license prior to the initial state licensing su…

New Mexico Health Care Authority.

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

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 hospital changes; B. the facility changes loc…

A license will 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; or B. on the day a facility is sold, leased, otherwise changes ownership or licensee; o…

In accordance with Subsection H of Section 24-1-5 NMSA 1978, if the licensing authority determines immediate action is required to protect human health and safety, the licensing authority may suspend a license. A hearing must be held in accordance with the regulations governing a…

A. A license may be denied, revoked or suspended, or intermediate sanctions or civil monetary penalties may be imposed after notice and opportunity for a hearing for any of the following reasons:(1) failure to comply with any provisions of these requirements; (2) failure to allow…

A. An applicant or licensee subject to an adverse action may request an administrative appeal. B. Hearing procedures for an administrative appeal of an adverse action taken by the licensing authority against the hospital as outlined in Section 14 and 15 above will be held in acco…

A. Applications: All applications for the grant of a waiver or variance shall be made in writing to the licensing authority, specifying the following: (1) the rule, regulation, or code from which the waiver or variance is requested; (2) the time period for which the waiver or var…

An REH shall comply with the following: A. 42 CFR Part 485, Subpart E (relating to conditions of participation: Rural Emergency Hospitals (REHs)); B. In addition to the conditions of participation at 42 CFR Part 485, Subpart E, the hospital shall comply with 8.370.12 NMAC to the …

The facilities that are subject to this rule are also subject to other rules, codes and standards that may, from time to time, be amended. This includes but not limited to the following: A. Health facility licensure fees and procedures, health care authority, 8.370.3 NMAC. B. Hea…

These requirements apply to private and public hospitals that as of December 27, 2020 was designated as a critical access hospital (CAH) by the centers for medicare and medicaid services (CMS), or was licensed as a hospital with not more than 50 licensed beds and located in a cou…

The requirements set forth herein are promulgated by the secretary of the health care authority pursuant to the authority granted under Subsection E of Section 9-8-6 NMSA 1978, Subsection D of Section 24-1-2, Subsection J of Section 24-13 NMSA, and Section 24-1-5 NMSA of the Publ…

Permanent.

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

Establish standards for licensing REHs in order to ensure the provision of emergency department services, observation care, and additional outpatient medical and health services, if elected by the REH, that promote equity in health care for those living in rural communities by fa…

A. Definitions beginning with "A": (1) "Action plan" means the eligible facility's plan for conversion to an REH and the initiation of REH specific services including the provision of emergency department services, observation care and other medical and health services elected by…

A. Eligibility: The following facilities that were enrolled and certified to participate in Medicare as of December 27, 2020 are eligible to be an REH: (1) CAHs; (2) A subsection (d) hospital (as defined in section 1886(d)(1)(B) of the Social Security Act (the Act) with not more …

A. The licensee must submit a renewal application on forms provided by the licensing authority, along with the required fee prior to the expiration of the current license. B. Upon receipt of the renewal application and the required fee prior to expiration of current license, the …

New Mexico Health Care Authority.

A license shall automatically expire: A. at midnight on the day indicated as the expiration date on the license; B. when the operation of a facility is discontinued; C. when a facility is sold or leased or the licensee changes; or D. when there is a change of location for a facil…

A. The licensing authority shall perform on-site survey or monitoring visits at all assisted living facilities to determine compliance with this rule. B. The facility shall provide the licensing authority full access to all facility operations, buildings and information related t…

If violations of this rule are cited, the facility will be provided with an official statement of deficiencies within 10 business days following the survey. A. Informal dispute review (IDR). The facility may request an informal review of survey deficiencies by providing a written…

A. When the licensing authority determines that an application for the renewal of a license will be denied or that a license will be revoked, the licensing authority shall provide written notification to the facility, the residents and the surrogate decision makers for the reside…

A. Hearing procedures for an adverse action taken against a facility by the authority will be conducted in accordance with adjudicatory hearings for licensed facilities, 8.370.2 NMAC. B. The facility will receive a copy of the hearing procedures at the time that an adverse action…

A. A licensee that is subject to an adverse action may request an administrative appeal. Hearing procedures for an administrative appeal of an adverse action taken by the licensing authority against the facility is in accordance with adjudicatory hearings for licensed facilities,…

A facility shall employ staff with the following qualifications. A. Administrator, director, operator: an assisted living facility shall be supervised by a full-time administrator. Multiple facilities that are located within a 40-mile radius may have one full-time administrator. …

A. Training and orientation for each new employee and volunteer that provides direct care shall include a minimum of 16 hours of supervised training prior to providing unsupervised care for residents. B. Documentation of orientation and subsequent trainings shall be kept in the p…

The facility shall have and implement written personnel policies for the following: A. staff, private duty attendant and volunteer qualifications; B. staff, private duty attendant and volunteer conduct; C. staff, private duty attendant and volunteer training policies; D. staff an…

The following staffing levels are the minimum requirements. A. The facility shall employ the sufficient number of staff to provide the basic care, resident assistance and the required supervision based on the assessment of the residents' needs.(1) During resident waking hours, fa…