New Mexico Administrative Code

The intermediate sanctions may be imposed on an emergency basis when there exists an immediate threat to human health and safety. An administrative hearing will be schedule within five working days, unless waived by the facility. A request for a hearing does not stay the impositi…

New Mexico Health Care Authority.

A. Availability: The applicant, caregiver or hospital caregiver whose nationwide criminal history record reflects a disqualifying conviction may request an informal administrative reconsideration from the authority. B. Procedure for requesting administrative reconsideration: (1) …

The following felony convictions disqualify an applicant, caregiver or hospital caregiver from employment or contractual services with a care provider. A. homicide; B. trafficking, or trafficking in controlled substances; C. kidnapping, false imprisonment, aggravated assault or a…

This rule has general applicability to all applicants, caregivers, hospital caregivers, and care providers in New Mexico as defined in 8.370.5.7 NMAC of this rule. This rule does not apply to caregivers as set forth in Paragraph (2) of Subsection D of 8.370.5.7 NMAC and does not …

Sections 29-172 through 29-17-5, NMSA 1978 amended. Section 9-8-1 et seq. NMSA 1978 establishes the health care authority (authority) as a single, unified department to administer laws and exercise functions relating to health care facility licensure and health care purchasing an…

Permanent.

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

The objective of this part is to establish the requirements for complying with the Caregivers Criminal History Screening Act. Generally included within these rules are the requirements and procedures for submission of applicant, caregiver and hospital caregiver fingerprints, paym…

For purposes of this rule, the following definitions shall apply: A. "act" means Sections 29-17-2 to 29-17-5, NMSA 1978 of the Caregivers Criminal History Screening Act; B. "applicant" means a person who applies, and is offered employment or contractual service with a care provid…

A. General: The responsibility for compliance with the requirements of the act applies to both the care provider and to all applicants, caregivers and hospital caregivers. All applicants for employment to whom an offer of employment is made or caregivers and hospital caregivers e…

A. Prohibition on employment: A care provider shall not hire or continue the employment or contractual services of any applicant, caregiver or hospital caregiver for whom the care provider has received notice of a disqualifying conviction, except as provided in Subsection B of th…

New Mexico Health Care Authority.

A reasonable fee for copying and furnishing requested medical records may be charged by the health care provider. No health care provider shall charge more than: A. $2.00 per page for the first 10 one-sided pages; B. For each page after the first 10 one-sided pages, not more than…

A. Complaints by any person, or person's authorized representative, that a health care provider has failed to comply with the requirements of this rule, shall be made, in writing, to the New Mexico health care authority, division of health improvement. B. Complaints shall include…

If the authority finds that the health care provider has violated these regulations, the authority may impose a civil monetary penalty in an amount not to exceed $100 per violation.

This regulation applies to requests for copies of medical records by any person, or that person's authorized representative, who is applying for social security disability benefits or appealing a denial of social security disability benefits.

This regulation is promulgated pursuant to Section 14-6-3, NMSA 1978 as amended. Section 9-8-1 et seq. NMSA 1978 establishes the health care authority (authority) as a single, unified department to administer laws and exercise functions relating to health care facility licensure …

Permanent.

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

The purpose of this regulation is to establish the health care provider's duty to furnish medical records within 30 days of the request, and to set and enforce fee schedules for the provision of copies of medical records, when copies of such medical records are requested by perso…

A. "Authorized representative" means a person who lawfully may act on behalf of the individual who is applying for social security disability or appealing a denial of such benefits and whose medical records are the subject of a request to furnish copies. B. "Health care provider"…

A. A person applying for social security disability, or appealing denial of such benefits, or the authorized representative, shall be furnished copies of requested medical records by health care providers who are provided a written and dated request for medical records signed by …

Any records requested pursuant to this regulation or Section 14-6-3, NMSA 1978 as amended, shall be produced within 30 calendar days of receipt of the written request, regardless of prior receipt of the fee for the records.

The New Mexico Health Care Authority.

Unless otherwise ordered by the district court the deputy receiver generally will carry out the duties of the receiver, as established in the Health Facility Receivership Act, NMSA 1978, Sections 24-1E-1 to 24-1E-7 (2001), including the following. A. Removal of care recipients fr…

The deputy receiver, unless granted prior approval from the district court, will not obligate the health facility to the purchase of real property, the sale of the health facility's real property, or the long-term lease of real property.

The secretary will seek provisions in the order granting the petition pertaining to: A. Prior approval from the district court for the sale or purchase of real property; B. Periodic accounting to the court and the parties; C. The posting of bond for the deputy receiver and the wa…

This rule applies to the New Mexico health care authority (authority) in actions taken pursuant to the Health Facility Receivership Act, Chapter 24, Article 1E, NMSA 1978.

Section 24-1E-3.1, NMSA 1978 (2001). Section 9-8-1 et seq. NMSA 1978 establishes the health care authority as a single, unified department to administer laws and exercise functions relating to health care facility licensure and health care purchasing and regulation.

Permanent.

July 1, 2024, unless a later date is cited in a section.

This rule implements provisions of the Health Facility Receivership Act and sets out the conditions for the authority to petition for appointment of a health facility receiver; the duties, authority and responsibility of the health facility receiver; the authority for imposing fi…

As used in this rule, unless the context requires otherwise: A. "Abandonment" means the elimination of, or the failure to provide, one or more essential support services for all or a portion of the residents of a health facility, including but not limited to appropriate personnel…

When any of the following situations exist, the secretary may petition the district court seeking appointment as a health facility receiver. A. Facility closure. The health facility will close, or cease all or part of its operations, within 60 days; and the health facility has fa…

Unless otherwise permitted by order of the district court, the secretary will seek appointment of a deputy receiver who possesses the following qualifications: A. Free of conflicts of interest. The deputy receiver may not have a financial interest which conflicts with:(1) Carryin…

New Mexico Health Care Authority.

A. Assignment of complaint. The manager or designee shall review the complaints, reports or allegations of abuse, neglect or exploitation, prioritize these complaints and assign appropriate authority staff to investigate when warranted, and refer the complaint, report, or allegat…

A determination of the severity of all substantiated complaints of abuse, neglect or exploitation is made for the purpose of deciding if the employee is to be referred for placement on the registry. The determination of the severity of the substantiated complaint of abuse, neglec…

A. Access to provider by investigators. The provider shall provide immediate physical access to the provider's entire facility or its service delivery sites to investigators from the authority or APS. The investigators may require such access during any or all shifts. B. Access t…

A. Notification to provider and employee. If the authority or APS determines, following an investigation, that an instance of either substantiated or substantiated registry-referred employee abuse, neglect, or exploitation has occurred, then the authority, if it substantiated the…

Hearings are provided to employees by either the authority or APS. This section provides rules applicable to hearings held by the authority. A. Request for hearing. An employee may request an evidentiary hearing if the employee is notified that as a result of substantiated regist…

APS shall promptly provide all required employee information to the custodian of the final disposition of complaints of substantiated registry-referred abuse, neglect or exploitation after the occurrence of each of the following: A. No hearing requested. The employee has not requ…

The custodian shall provide the employee and the provider for whom the employee worked with notice of the employee's listing on the registry. The following employees will be listed on the registry by the custodian: A. No hearing requested. Any employee determined to have committe…

After a period of three years from the effective date of placement on the registry, an individual on the registry may petition for removal from the registry. The petition shall be sent to the custodian. The petition contents shall be reviewed for completeness within five days, an…

The authority complies with all state and federal confidentiality requirements regarding information obtained in connection with the operation of the employee abuse registry program, including the Health Insurance Portability and Accountability Act of 1996 (HIPAA). A. Confidentia…

This rule applies to a broad range of New Mexico providers of health care and services and employees of these providers who are not licensed health care professionals or certified nurse aides. This rule requires that providers check with the registry and avoid employing an indivi…

The Employee Abuse Registry Act, Sections 27-7A-1 to 27-7A-8 NMSA 1978. Section 9-8-1 et seq. NMSA 1978 establishes the health care authority (authority) as a single, unified department to administer laws and exercise functions relating to health care purchasing and regulation.

Permanent.

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