New Mexico Administrative Code

Each agency licensed pursuant to these regulations must have written policies and procedures for at least the following: A. scope of services offered; B. providing of services through arrangement or contract with individuals or agencies; C. admission and discharge; D. written job…

Each agency must establish an on-going quality improvement program to ensure an adequate and effective operation. To be considered on-going, the quality improvement program must document quarterly activity that addresses, but is not limited to: A. Clinical care: Assessment of pat…

Permanent.

The home health agency must investigate complaints made by a patient/client, caregiver, or guardian regarding treatment or care, or regarding the lack of respect for the patient/client's property and must document both the existence of the complaint and the resolution of the comp…

A. Reporting: All home health agencies licensed pursuant to these regulations must report to the licensing authority any of the following which has, or could threaten the health, safety and welfare of the patient/clients or staff: (1) any serious incident or unusual occurrence; (…

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 facility sanctio…

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

A. Establish minimum standards for licensing of home health agencies who provide medically directed therapeutic or supportive services to a patient/client in their place of residence. B. Monitor home health agencies' compliance with these regulations through surveys to identify a…

For purposes of these regulations the following shall apply: A. "Abuse" means any act or failure to act performed intentionally, knowingly or recklessly that causes or is likely to cause harm to a patient/client, including: (1) physical contact that harms or is likely to harm a p…

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 compl…

An agency or organization meeting the following criteria must be licensed as a home health agency: A. Provides at least one medically directed service, such as, but not limited to:(1) skilled nursing; (2) physical therapy; (3) occupational therapy; (4) inhalation therapy; (5) inf…

New Mexico Health Care Authority.

To obtain an initial license for a end stage renal disease facility pursuant to these regulations the following procedures must be followed by the applicant: A. Initial phase: These regulations should be thoroughly understood by the applicant and used as a reference for design of…

A. Annual license: An annual license is issued for a one year period to an end stage renal disease 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 initi…

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, the licensing authority will issue a new l…

The ESRD facility's license must be posted in a conspicuous place 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 o…

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 an ESRD facility 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. …

Any ESRD 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 if: A. variance may be granted for those building …

These regulations apply to: A. public, profit or nonprofit facilities or entities providing dialysis 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 Mex…

A new ESRD 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 ESRD facility cannot meet under the same criteria outlined in 8.370.24.19 NMAC, if not in …

A. Application for licensure, whether initial or renewal shall constitute permission for entry into and survey of a ESRD facility by authorized licensing authority representatives at reasonable times during the pendency of the application and, if licensed, during the licensure pe…

The licensing authority hereby adopts the federal standards for certification of end stage renal disease (ESRD) services, as set out in 42 C.F.R. Sections 405.2100 through 405.2171, as amended from time to time, as the standards for licensure of end stage renal disease services i…

End stage renal disease 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. …

The regulations set forth herein are promulgated pursuant to the general authority granted under Subsection E of Section 9-7-6 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…

Permanent.

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

A. Establish minimum standards for end stage renal disease facilities in the state of New Mexico. B. Monitor end stage renal disease facilities with these regulations through surveys to identify any areas which could be dangerous or harmful to the patients or staff. C. Encourage …

For purposes of these regulations the following shall apply: A. "Applicant" means the individual who, or organization which, applies for a license. If the applicant is an organization, then the individual signing the application on behalf of the organization must have authority f…

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 compl…

A. Renal transplantation center: A hospital unit which is approved to furnish directly, transplantation and other medical and surgical specialty services required for the care of the ESRD transplant patients, including inpatient dialysis furnished directly or under arrangement. A…

New Mexico Health Care Authority.

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…

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…

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 off…

The parties to a hearing conducted under these regulations shall be the survey agency and the nurse aide.

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 copie…

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 r…

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 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 act…

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 attor…

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.

These regulations apply to nurse aides on the nurse aide registry who may perform nurse aide duties at medicare or medicaid facilities.

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 dis…

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.

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.

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 mad…