New Mexico Administrative Code

A. Staff/participant ratios must be maintained at meal times. B. Time allowed for meals shall enable the participants to eat at a leisurely rate. C. Meals may be served in areas of main activity. D. Dining areas shall be equipped with tables, chairs, eating utensils and dishes. E…

Facilities shall report any notifiable disease occurring to the participants to the local public health field office: A. Each facility shall secure the current list of notifiable diseases published by the New Mexico health care authority and post it conspicuously in the facility.…

A. A participant who becomes sick at the facility must be separated from the rest of the participants until leaving the facility. The guardian or responsible party must be promptly notified of the participant's illness and arrangements must be made for the participant to be remov…

Any facility licensed pursuant to these regulations who supervises self-administration of medication for the participants or safeguards medication for residents must have an appropriate custodial drug permit as determined by the state board of pharmacy. A. To apply for a custodia…

A. Physical restraints may only be used when authorized by a physician in writing for a specified period of time or in emergencies. B. The use of physical restraints may only be applied by a licensed nurse. C. Physical restraints must be applied in accordance with the written pol…

A. If a facility licensed pursuant to these regulations provides transportation to participants it is responsible for the participant from the time picked up until delivered. B. All vehicles used for transportation of participants must be licensed and meet all applicable laws of …

Adult day care 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…

A. Adult day care center is a facility required to be licensed pursuant to these regulations which provides care, services and supervision to three or more adults, who because of diminished mental or physical capacity find it difficult to care for themselves in their own residenc…

To obtain an initial license for an adult day care facility pursuant to these regulations, the following procedures must be followed by the applicant: A. These regulations must be thoroughly understood by the applicant and used as reference prior to applying for licensure. B. App…

New Mexico Health Care Authority.

A. HCA shall review the quality of care delivered by providers subject to these requirements. These reviews may be either announced or unannounced. B. Providers of services shall facilitate timely physical or in person access to: C. Provider records, regardless of media, includin…

This rule is applicable to persons, organizations or legal entities that are under contract to provide services to the New Mexico health care authority under the following programs: developmental disability waiver (DDW), disabled and elderly waiver (D&EW), medically fragile waive…

Subsection E of Section 9-8-6 NMSA 1978 and Subsections L, O, T and U of Section 24-1-3 of the Public Health Act, NMSA 1978 as amended. Section 9-8-1 et seq. NMSA 1978 establishes the health care authority (HCA) as a single, unified department to administer laws and exercise func…

Permanent.

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

This rule establishes standards for provider compliance with health care authority (HCA) requirements for quality assurance reviews of DDW, D&EW, MFW, TBI and FIT programs and any additional programs that may require provider compliance with these requirements and specifies that …

For purposes of these regulations, the following shall apply: A. "Client" means any person who is requesting or receiving services from one or more service providers subject to these requirements. B. "HCA" means the New Mexico health care authority. C. "Developmental disability w…

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.

Client specific information reviewed or obtained in the course of quality assurance reviews of providers is confidential in accordance with all applicable federal and state law and regulation and with all applicable contract provisions. Other confidential information may include,…

New Mexico Health Care Authority.

The authority to determine if a person(s) or organization is subject to regulation under the statute is inherent in the responsibility to regulate agencies that are within the definitions of the statute and these regulations. To obtain an initial license for a home health agency …

A. Annual license: An annual license is issued for a one year period to a home health agency 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 w…

A. The licensee must submit 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, required fee and an on-site survey, the licensing authori…

The agency's current, original license must be posted in a conspicuous place at the licensed location, as identified in the application for licensure.

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 agency changes; B. the agency changes locatio…

A license will automatically expire at midnight on the day indicated on the license as the expiration date, unless sooner renewed, suspended, revoked, or: A. on the day an agency discontinues operation; B. on the day an agency is sold, leased, or otherwise changes ownership or li…

In accordance with Subsection H of Section 24-15 NMSA 1978, as amended, 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, u…

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 adverse action taken by the licensing authority against an agency's 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 above regulations m…

A. Application for licensure, whether initial or renewal shall constitute permission for entry into and survey of a home health agency by authorized licensing authority representatives during pendency of the application, and if licensed, during the licensure period. B. The licens…

These regulations apply to: A. public, profit or nonprofit home health agencies providing 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 obta…

Patients/clients must be accepted for treatment by the agency when there is a reasonable expectation that the patient/client's health care or supportive service needs can be met adequately in the patient/client's place of residence.

A. An agency licensed pursuant to these regulations shall establish and maintain an official office for the conduct of its business with posted hours of operation. B. The office space must be able to maintain, store and safeguard agency records.

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 burea…

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 nu…

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…

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 o…

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 hea…

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, s…

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 …

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, a…

The regulations set forth herein which govern the licensing of home health agencies have been pursuant to the general authority granted under Subsection E of Section 9-8-6 NMSA 1978, and Subsection D of Section 24-1-2, Subsection I of Section 24-1-3 and Section 24-1-5 of the Publ…

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 c…

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 homemake…

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. th…

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 o…

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 com…

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 appl…

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 (adm…

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 wi…