New Mexico Administrative Code

A. Diagnostic services:(1) The facility must provide each client with comprehensive diagnostic dental services that include a complete extraoral and intraoral examination using all diagnostic aids necessary to properly evaluate the client's oral condition, not later than one mont…

The facility must have preventive health services for clients that include: A. means for the prompt detection and referral of health problems through adequate medical surveillance, periodic inspection and regular medical examinations; B. annual physical examinations that include:…

The facility must: A. provide medical services through direct contact between physicians and clients and through contact between physicians and individuals working with the clients; B. provide health services including treatment, medications, diet, and any other health service pr…

The facility must: A. provide psychological services through personal contact between psychologists and clients and through contact between psychologists and individuals involved with the clients; B. have available enough qualified staff and support personnel to furnish the follo…

The facility must provide physical and occupational therapy services through direct contact between therapist and individuals involved with the clients. A. Physical and occupational therapy staff must provide treatment training programs that are designed to:(1) preserve and impro…

The ICF/ MR provides active treatment in the least restrictive setting and includes all needed services for mentally retarded individuals or persons with related conditions whose mental or physical condition require services on a regular basis that are above the level of a reside…

The facility must provide clients with nursing services, in accordance with their needs, that include, as appropriate, the following: A. Registered nurse participation:(1) The pre admission evaluation study and plan. (2) The evaluation study, program design, and placement of the …

The facility must provide, as part of an interdisciplinary set of services, social services to each client directed toward: A. maximizing the social functioning of each client; B. enhancing the coping capacity of each client's family; C. asserting and safeguarding the human and c…

The facility must manage its laundry services to that it meets daily clothing and linen needs without delays. A. Each client must have available a clean change of clothing whenever necessary. B. There must be separate handling and storage of clean and soiled linens. C. Linens mus…

The facility must provide speech pathology and audiology services through direct contact between speech pathologists and audiologist and clients, and working with other personnel, including but not limited to, teachers and direct care staff. Speech pathology and audiology service…

Any facility licensed pursuant to these regulations that supervises the administration or self-administration of medications for clients must have a current custodial care facility license issued by the New Mexico board of pharmacy. A. The facility must make formal arrangements f…

A. Dietician: The facility must employ a qualified dietitian either full-time, part-time, or on a consultant basis. If a qualified dietitian is not employed full-time, the facility must designate a person to serve as the director of food service. B. Food services: The facility's …

ICF/MR 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 …

New Mexico Health Care Authority, Developmental Disabilities Division.

Unless expressly modified by court order or specifically granted to a guardian or conservator, all clients have: A. the same legal rights guaranteed to all other individuals under the United States Constitution, New Mexico State Constitution, and federal and state laws; B. the ri…

A. A service provider shall not restrict or limit a client's rights except: (1) where the restriction or limitation is allowed in an emergency and is necessary to prevent imminent risk of physical harm to the client or another person; or (2) where the interdisciplinary team has d…

A client has the right to present or make known a complaint without restraint, interference or coercion. A service provider shall not retaliate or discriminate against a client, staff person or other person who complains to the service provider or initiates a complaint procedure.

A complainant may initiate a complaint as provided in the client complaint procedure to resolve complaints alleging that a service provider has violated a client's rights as described in Section 10. The authority will enforce remedies for substantiated complaints of violation of …

A. This regulation applies only to clients and service providers as defined below. B. This regulation is not available to resolve disputes concerning the content of or the substantial failure to implement a community individual service plan. Any dispute concerning the content of …

Subsection E of Section 9-8-6 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.

A. These regulations set out rights that the authority expects all providers of services to individuals with developmental disabilities to respect. These regulations are intended to complement the authority's client complaint procedures 8.371.4 NMAC. B. These regulations are prom…

A. "Aversive procedures" means those prohibited procedures, including, but not limited to, taste and odor aversives, excessive deprivation or stimulation of basic sensory experiences, any device or intervention intended to cause pain or unpleasant sensations, electric shock, isol…

Nothing in this regulation shall provide an entitlement to programs, supports, services or benefits that does not otherwise exist pursuant to other law or regulation.

Any rights or remedies provided pursuant to this regulation that do not otherwise exist pursuant to other law or regulation are enforceable only through the client complaint procedure and are not enforceable in court. Nothing in this regulation shall create a right of judicial re…

New Mexico Health Care Authority, Developmental Disabilities Division.

Any remedies provided pursuant to this regulation that do not otherwise exist pursuant to other law or regulation are enforceable only through the complaint and appeal process provided herein and are not enforceable in court. Nothing in this regulation shall create a right of jud…

A client has the right to present or make known a complaint without restraint, interference, or coercion. A service provider shall not retaliate or discriminate against a client who complains to the service provider or initiates a complaint procedure.

A. The complaint process (Section 13 of this regulation) is available to resolve complaints alleging that a service provider, its employee, or a person acting under contract with the service provider has violated rights of the client set forth in the federal or state constitution…

A. Step one: Service provider review:(1) Each service provider shall have a complaint or grievance procedure that is reviewed and approved by the division. Except as provided in Paragraph (7) below, a client or a legal guardian must initiate a complaint with the service provider …

The administrative appeal process is available only to review the decision of the division director as to alleged violations by the service provider, its employees, or persons under contract with the service provider of rights set forth in the federal or state constitutions, stat…

A. Sanction, corrective action or other relief for substantiation of a complaint may include a directive prohibiting any future violation, a corrective action plan that shall be implemented as a condition for the continuation of the service provider's contract or provider agreeme…

The division shall cooperate with the health care authority licensing and certification bureau, the long term care ombudsman, the children, youth and families department, the department of labor, and medicaid fraud unit, as appropriate, regarding any investigation, allegation or …

A. The office of quality assurance will conduct its investigations in a manner that protects the clients' privacy. B. Complaints and documents, materials, or records not otherwise exempt from public inspection shall be subject to public inspection. Requested public records contai…

This complaint procedure is not available to review financial eligibility determinations or denial of applications for services. Applicants for services may seek other review that may be available under law or regulations.

A. This regulation applies only to clients and service providers as defined below. B. Except as described in Section VII (A), this regulation is not available to resolve disputes concerning the content of or the substantial failure to implement a community individual service plan…

Subsection E of Section 9-8-6 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.

The purpose of this regulation is to promote the health, safety and welfare of individuals who are receiving supports and services for persons with developmental disabilities from service providers certified by or funded in whole or in part with state funds administered by the au…

A. "Client" means a person with developmental disabilities who is receiving supports and services for individuals with developmental disabilities by a service provider certified by or funded in whole or in part with state funds administered by the authority through contracts or a…

A. These regulations provide a procedure to address client complaints and provides that the authority will enforce remedies for substantiated complaints through the service providers funding contracts or provider agreements. B. These regulations are promulgated, in part, to satis…

Nothing in this regulation shall provide and entitlement to programs, supports, services or benefits that does not otherwise exist pursuant to other law or regulation.

New Mexico Health Care Authority, Developmental Disabilities Supports Division.

A. The case manager assures that identification of potential supports and services for the individual by the IDT is undertaken without regard to the cost of the supports and services or whether they are actually available at that time in the community. If needed supports and serv…

A. The interdisciplinary team (IDT) is responsible for the development of the individual service plan (ISP) and for identifying the agencies and individuals responsible for providing the services and supports identified in the ISP. B. The IDT shall consist of the following core m…

A. Prior to the initial IDT meeting the case manager shall provide the individual and guardian, if any, with an orientation to the person-centered planning process, purpose of the ISP and roles and responsibilities of IDT members. After completion of the ISP, the individual and g…

A. Assessment information, as described in Subsection C of 8.371.5.13 NMAC, shall be utilized to develop and revise the ISP. The individual, helper, family members and friends shall be provided an opportunity to present their perceptions regarding the individual's progress and cu…

Each ISP shall contain. A. Demographic information: The individual's name, age, date of birth, important identification numbers (ie., medicaid, medicare, social security numbers), level of care address, phone number, guardian information (if applicable), physician name and addres…