New Mexico Administrative Code

The regulations set forth herein have been promulgated by authority of Subsection E of Sections 9-8-6, Subsection O of Section 24-1-3, and Subsection B of Section 24-2-5 NMSA 1978. Section 9-8-1 et seq. NMSA 1978 establishes the health care authority (authority) as a single, unif…

Permanent.

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

The purpose of these regulations is to: A. provide for notification to the nurse aide of allegations of abuse, neglect, or exploitation; B. provide the opportunity for a hearing to the nurse aide against whom an allegation of abuse, neglect, or exploitation has been made; C. prov…

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 resident, including: (1) physical contact that harms or is likely to harm a residen…

Following review by the survey agency, all allegations for which there is reason to believe, either through oral or written evidence, that the resident has been abused, neglected or exploited will be investigated.

All complaints received by the survey agency for which there is reason to believe that the resident has been abused, neglected or exploited will be investigated regardless of their source.

New Mexico Health Care Authority, Division of Health Improvement, Health Facility Licensing and Certification Bureau.

Rates shall be charged, as indicated in the fee schedule shown in this section, upon initial and renewal application for an annual license and prior to issuance of a second temporary license. The fee for the first temporary license is included in the initial application fee. This…

The licensing fee for each amended license issued shall be $300.00 as follows: Amendment Type: Amended License Fee: Change of administrator or director $300.00 Change of capacity (additional $25.00 per bed if fee is rate per bed) $300.00 Change of facility name $300.00 Change of …

All applications for license and requests for amended license shall be accompanied by the prescribed fee in the form of a check or money order or state approved electronic payment process payable to the State of New Mexico or the health care authority.

All fees are prepaid and are not refundable.

The following is a list of regulations regarding licensure of health facilities within the jurisdiction of the licensing authority. A. Requirements for acute care, limited services and special hospitals, New Mexico health care authority, 8.370.12 NMAC. B. Requirements for long te…

These regulations apply to any health facility as defined by Subsection D of 24-1-2 NMSA 1978, as amended, which is licensed or is required to be licensed, or any health facility which by federal regulations must be licensed to obtain or maintain federal funding.

The regulations set forth herein have been promulgated by the secretary of the New Mexico health care authority (authority), pursuant to the general authority granted under Subsection E of Section 9-8-6 of the Health Care Authority Act, NMSA 1978, as amended; and the authority gr…

Permanent.

January 28, 2025, unless a later date is cited at the end of a section.

The purpose of these regulations is to set licensing fees for health facilities. Fees are charged in order to partially defray the cost to the state of New Mexico of the licensing process, including the cost of on-site facility surveys by the licensing authority.

For purposes of these regulations the following shall apply: A. Definitions beginning with "A": (1) "amended license" means a license issued by the licensing authority to reflect a non-substantive change which does not result in the voiding of the original license, for example, a…

Strict compliance is required of health facilities subject to these regulations. Payment of the licensing fee is a condition precedent to licensure of the health facility by the licensing authority.

Licensing fees for inpatient health facilities providing professional medical or nursing services on a 24 hour basis are based upon a maximum fee per bed set by statute. Licensing fees are based upon the maximum fee for health facilities as set by statute.

New Mexico Health Care Authority.

A. Denial of payment and a facility monitor: The licensing authority may recommend denial of payment and a facility monitor to the medical assistance division, New Mexico health care authority when survey findings document noncompliance with federal regulations governing conditio…

Before intermediate sanctions or civil monetary penalties are imposed, they will be reviewed and approved by the director of the public health division or their designee. The following factors shall be considered by supervisory personnel of the licensing authority when determinin…

When the licensing authority has determined deficiencies exist, the facility must correct the deficiencies according to the following time frames: A. Immediate response: The risk of injury or harm created or presented by the Class A and B deficiencies must be immediately eliminat…

The authority shall impose civil monetary penalties in accordance with these regulations on licensed facilities, not to exceed $5,000 per day. A. Civil monetary penalty; initial base penalty assessed: An initial base penalty amount is assessed when a civil monetary penalty is imp…

A. Accrual: The daily civil monetary penalty amount accrues from the date of harm or injury, or from the date of the regulatory noncompliance, or from the date of the facility's receipt of notice of the intermediate sanction, at the discretion of the licensing authority. The dail…

A. General: In addition to doubling the base penalty, doubling the daily civil monetary penalty is authorized and is intended to eliminate repeat regulatory violations. Doubling occurs in instances where the facility was assessed a base penalty or a daily civil monetary penalty f…

A. Licensed capacity: For purposes of calculating the amount of civil monetary penalties, the facility's licensed capacity is determined by one of the following two methods, depending on the type of facility: (1) For a facility having a capacity stated on its license, that capaci…

Three index ratings, in descending order of severity, are established and applied as follows: A. Class A: Severity index of five is applied for class A deficiencies. B. Class B: Severity index of three is applied for class B deficiencies. C. Class C: Severity index of one is appl…

The civil monetary penalties imposed by the licensing authority are cumulative and are in addition to any other fines or penalties, remedies, or other intermediate sanctions provided by law.

The following will govern the payment of monetary penalties: A. Unless an appeal has been filed, the facility has 30 calendar days to pay the monetary penalty. Calculation begins from the date the facility received the notice of penalty assessment. B. Payment of monetary penaltie…

These regulations apply to any health facility as defined by Subsection D of Section 24-1-2 NMSA 1978, as amended which is licensed or is required to be licensed, or any health facility which by federal regulations must be licensed to obtain or maintain federal funding.

A civil monetary penalty assessed under these regulations shall be paid to the authority within 30 days following such assessment or following the resolution of any appeal. Interest shall accrue at the current judgment interest rate after 30 days of such assessment or following t…

The daily penalty of the civil monetary penalty is imposed for each day that any cited deficiency exists. A. Begin date: The accrual of the daily civil monetary penalties begins from the date of harm or injury, or from the date of the regulatory noncompliance, or from the date of…

The licensing authority will terminate the daily accrual of civil monetary penalties attributable to any class A, B, or C deficiency upon the facility's provision of evidence to the licensing authority that the specific deficiency has been corrected.

The authority shall provide notification, by certified mail, personal delivery, or by facsimile if the notice is also mailed, of its intent to impose any intermediate sanction or civil monetary penalty. Notice may be given of the intent to impose a civil monetary penalty where th…

The facility may appeal the authority's notice of license suspension, license revocation, imposition of intermediate sanctions, or civil monetary penalties. The administrative appeal hearing shall be conducted by an impartial hearing officer appointed by the secretary of the auth…

To obtain an administrative appeal hearing, the facility must make a timely request in writing. A. Suspensions, revocations, intermediate sanctions, or civil monetary penalties: The authority must receive written request for an appeal hearing within 10 working days after the faci…

Adjudicatory hearings, New Mexico Health care authority, 8.370.2 NMAC shall apply in all administrative appeals provided by these regulations.

The facility may satisfy, in full, the amount of any civil monetary penalty imposed under these regulations if, within 10 working days following receipt of the notice: A. the authority receives the facility's written waiver of any right to appeal; and B. the authority receives th…

The authority's receipt of the facility's notice of appeal shall operate as a stay of suspension, revocation, intermediate sanction (except temporary manager or monitor), or civil monetary penalty. In the case of emergency suspension or emergency intermediate sanctions, however, …

Discussions and negotiations between the authority and a facility prior to hearing do not postpone any deadlines for an appeal, unless as a result of negotiations the authority and facility agree to postponement in writing.

The regulations set forth herein govern the imposition of intermediate sanctions and civil monetary penalties levied on health facilities licensed by the authority. These regulations have been promulgated by the secretary of the New Mexico health care authority (authority), pursu…

Health 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. Adjudicatory hearings, New Mexico health care authority, 8.370.2 NMAC. B. Requirements for long term care faciliti…

Permanent.

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

The purpose of these regulations is to: A. comply with Section 24-1-5.2 NMSA 1978 which mandates that the authority adopt and promulgate regulations specifying the criteria for imposition of any intermediate sanction, including the amount of monetary penalties and the type and ex…

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 resident, including: (1) physical contact that harms or is likely to harm a residen…

A. A directed plan of correction: The licensing authority may direct a licensee to correct violations in a time specified, detailed plan. B. Facility monitors: The licensing authority may select a facility monitor for a specified period of time to closely observe a health facilit…