New Mexico Administrative Code

The objective of this rule is to implement the Employee Abuse Registry Act. The rule is intended to provide guidance as to the rights and responsibilities under the Employee Abuse Registry Act of providers, employees of providers, the health care authority and the adult protectiv…

A. "Abuse" means, (1) knowingly, intentionally or negligently and without justifiable cause inflicting physical pain, injury or mental anguish, and includes sexual abuse and verbal abuse; or (2) the intentional deprivation by a caretaker or other person of services necessary to m…

Upon the effective date of this rule, the authority has established and maintains an accurate and complete electronic registry that contains the name, date of birth, address, social security number, and other appropriate identifying information of all persons who, while employed …

The authority has established an incident management system for receipt, tracking and processing of complaints. Complaints may be reported to the authority's incident management system using the authority website's on-line form completion utility, by telephone using a toll free n…

New Mexico Health Care Authority.

A. The authority will conduct incident investigations and periodic surveys of licensed health care facilities subject to these requirements. These reviews may be either announced or unannounced. B. All licensed health care facilities shall facilitate immediate physical or in-pers…

A. The authority or other governmental agency having regulatory enforcement authority over a licensed health care facility may sanction a licensed health care facility or in accordance with applicable law if the licensed health care facility fails to report incidents of abuse, ne…

All consumer information reviewed or obtained in the course of a survey or investigation of a licensed health care facility is confidential in accordance with all applicable federal and state law and regulation. If a complaint is unsubstantiated, no information regarding the subs…

If any provision or application of 8.370.9 NMAC is held invalid, the remainder, or its application to other situations or persons, shall not be affected.

This rule is applicable to persons, organizations or legal entities to include each: adult day care center, adult day care home, adult assisted living facility, ambulatory surgical center, diagnostic and treatment center, end stage renal disease facility, general, acute, special …

Section 24-1-3, and 24-1-5 NMSA 1978, of the Public Health Act as amended. Section 9-81 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.

This rule establishes standards for licensed health care facilities to institute and maintain an incident management system and employee training program for the reporting of abuse, neglect, exploitation injuries of unknown origin and other reportable incidents.

A. "Abuse" means: (1) knowingly, intentionally, and without justifiable cause inflicting physical pain, injury or mental anguish; (2) the intentional deprivation by a caretaker or other person of services necessary to maintain the mental and physical health of a person; (3) sexua…

A. Duty to report: (1) All licensed health care facilities shall immediately report abuse, neglect or exploitation to the adult protective services division. (2) All licensed health care facilities shall report abuse, neglect, exploitation, and injuries of unknown origin or other…

A. General: All licensed health care facilities shall establish and maintain an incident management system, which emphasizes the principles of prevention and staff involvement. The licensed health care facility shall ensure that the incident management system policies and procedu…

New Mexico Health Care Authority.

The following procedures must be followed by the applicant for initial licensure of an ICF/MR facility. A. Initial phase: These regulations should be thoroughly understood by the applicant and used as a reference for design of a new building or renovation or addition to an existi…

A. Annual license: An annual license is issued for a one year period to an ICF/MR 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 initial survey or when…

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 prior to expiration of current license the …

The facility's license must be posted in a conspicuous place on the licensed premises 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 or …

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 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 material provis…

A. Hearing procedures for adverse action taken by the licensing authority against a facility license as outlined in Section 17 and 18 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 ma…

These regulations apply to any facility providing services as outlined by these regulations and any facility which by federal regulation must be licensed by the state of New Mexico to obtain or maintain full or partial permanent or temporary federal funding as an intermediate car…

Any 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 as an ICF/MR. A. Variance may be granted for those build…

A new 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 facility cannot meet under the same criteria outlined in Subsections A, B and C of 8.371.2.20 N…

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

All facilities licensed pursuant to these regulations must report to the licensing authority any serious incident or unusual occurrence which has, or could threaten the health, safety, and welfare of the clients or staff, such as but not limited to: A. fire, flood, or other natur…

All facilities licensed pursuant to these regulations must have an on-going, comprehensive self-assessment of the services provided by the facility. The assessment must include the total operation of the facility. A. To be considered comprehensive the assessment for quality assur…

The facility must develop and maintain a record keeping system that includes a separate record for each client which documents the client's health care, active treatment, social information, and protection of the client's rights. As a minimum the client's record must contain: A. …

Each facility licensed pursuant to these regulations must keep the following reports and records on file and make them available for review upon request of the licensing authority. A. a copy of the latest fire inspection report by the fire authority having jurisdiction; B. a copy…

Any facility licensed pursuant to these regulations must support, protect, and enhance the rights of clients as listed below: A. Information: Each client or legal guardian must be fully informed before or at time of admission, of their rights and responsibilities and of all rules…

Each facility licensed pursuant to these regulations must have a written outline of the philosophy, objectives, and goals it is striving to achieve that includes, at least: A. the facility's role in the state comprehensive program for the mentally retarded; B. the facility's goal…

Each facility licensed pursuant to these regulations must have written policies and procedures covering the following areas: A. client's civil rights; B. delegation of client's civil rights; C. handling of client funds; D. admission criteria and evaluations; E. personnel policies…

The regulations set forth herein are promulgated pursuant to the general authority granted under Subsection E of Section 9-8-6 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…

There must be maintained on file in the facility or in a central office if there are multifacilities run by the same organization in the same city or town, a record for each staff member which contains at least, but is not limited to, the following: A. Personal information:(1) na…

A. Each facility licensed pursuant to these regulations must have facility rules which must include, but is not limited to, the following: (1) the use of tobacco or alcohol; (2) visitors and visiting hours; (3) use of the telephone; (4) hours and volume for viewing and listening …

Prior to admission to a facility, the licensee or authorized representative and the client or client's parent/s or guardian shall sign a written admission agreement. The facility shall keep the original agreement in the client's record and a copy must be provided to the client or…

If the ICF/MR does not employ a qualified professional to furnish a required service, it must have in effect a written agreement with a qualified professional outside the ICF/MR to furnish the required service. The agreement must: A. contain the responsibilities, functions, objec…

The facility must provide for effective staff and resident participation and communication in the following manner: A. The facility must establish appropriate standing committees such as human rights, and other committees as appropriate to the facility. B. The committees must mee…

The facility must have an active program of communication with the client's and their families, that includes: A. keeping client's families or legal guardians informed of resident activities that may be of interest to them and of significant changes in the client's condition; B. …

If the facility conducts research, it must establish protocols based on standards of conduct currently endorsed by professional and federal standards.

A. Those programs which are located in a building which is licensed as a long term care facility or hospital must meet all the building requirements for that type facility as outlined in the following regulations: (1) Requirements for General and Special Hospitals, New Mexico hea…

Facilities licensed pursuant to these regulations must keep the building(s), grounds, and equipment in good repair and presentable at all times such as, but not limited to the following: A. All electrical, signaling, mechanical, water supply, heating, fire protection, and sewage …

A. The facility must be kept free from offensive odors, accumulations of dirt, rubbish, dust and safety hazards. B. Client rooms must be cleaned and tidied daily. C. Floors and walls must be constructed of a finish that can be easily cleaned. Floor polish shall provide a slip-res…