Chapter 24A — Chapter 24A

Chapter 24A NMSA 1978 may be cited as the "Health Care Code". History: 1978 Comp., § 24A-1-1, enacted by Laws 2024, ch. 39, § 22.

requirements. A. The authority shall promulgate rules to establish a rural emergency hospital license that enables certain hospitals to apply to receive federal health care reimbursement as rural emergency hospitals. B. The authority shall only issue a rural emergency hospital li…

A. A hospital shall provide each patient or the patient's legal guardian with an opportunity to designate one lay caregiver following the patient's admission into a hospital and before the patient's discharge to the patient's residence. B. As soon as practicable, a hospital shall…

A. The federal government requires the state to approve the establishment of all new methadone clinics. In an effort to maintain compliance with the federal requirement, the authority shall regulate the establishment and continuance of methadone clinics in New Mexico in accordanc…

nurse-midwives; privileges; parity with physicians. A. Unless required by federal law, a health facility shall establish the same criteria for granting patient admitting or discharge privileges or in authorizing continuing patient care for certified nurse practitioners, certified…

A. The secretary shall create the "primary care council" to: (1) develop a shared description of primary care practitioners and services; (2) analyze annually the proportion of health care delivery expenditures allocated to primary care statewide; (3) review national and state mo…

acute stroke capable centers; authority certification; rulemaking. A. In accordance with authority rules, the authority shall certify any acute care hospital as a primary stroke center, comprehensive stroke center or acute stroke capable center if that hospital has been accredite…

resident death. A. The contract for each resident of an assisted living facility shall include a refund policy to be implemented at the time of a resident's death. The refund policy shall provide that the resident's estate or responsible party is entitled to a prorated refund bas…

awards. A. The "rural health care delivery fund" is created as a nonreverting fund in the state treasury. The fund consists of appropriations, gifts, grants, donations, income from investment of the fund and any other revenue credited to the fund. The authority shall administer t…

on charges to recipient of services. A. As used in this section: (1) "health care provider" means any person who provides health care services the charges for which either he or the recipient of the services is eligible for payment or reimbursement of under provisions of the fede…

disclosure. A. A health facility that performs a mammogram examination shall include in the summary of the mammography report that is required pursuant to federal law to be provided to a patient information that identifies the patient's individual breast density classification ba…

As used in the Health Care Code: A. "authority" means the health care authority; B. "crisis triage center" means a health facility that: (1) is licensed by the authority; and (2) provides stabilization of behavioral health crises and may include residential and nonresidential sta…

A. A state or local health benefit shall be provided to all non-citizens, regardless of immigration status, if they meet all other qualifying criteria for such benefit. B. For purposes of this section: (1) "health care services" means treatment and services designed to promote im…

A. The authority may: (1) bring action in court for the enforcement of laws and rules pertaining to the authority's powers and duties; (2) enter into joint powers agreements to carry out the powers and duties of the authority; (3) cooperate and enter into contracts or agreements …

A. The files and records of the authority giving identifying information about persons who have received or are receiving from the authority treatment, diagnostic services or preventive care for diseases, disabilities or physical injuries are confidential and are not open to insp…

A. A health facility shall not be operated without a license issued by the authority. If a health facility is found to be operating without a license, in order to protect human health or safety, the secretary may issue a cease-and-desist order. The health facility may request a h…

A. Upon a determination that a health facility is not in compliance with any licensing requirement of the authority, the authority, subject to the provisions of this section and Section 24A-1-5 NMSA 1978, may: (1) impose any intermediate sanction established by rule, including bu…

for certain hospitals. A. The legislature finds that: (1) acute care general hospitals throughout New Mexico operate emergency departments and provide vital emergency medical services to patients requiring immediate medical care; and (2) federal and state laws require hospitals t…

A. A hospital, a long-term care facility or a primary care clinic shall provide information sufficient for the authority to make a reasonable assessment based on clear and convincing evidence of its financial viability, sustainability and potential impact on health care access. I…

A. Except as provided in Subsection B of this section, all programs, clinics, hospitals and other health-related centers and entities, including those identified by the authority pursuant to Paragraph (3) of Subsection A of Section 27-2-12.13 NMSA 1978, that are eligible under Se…

Chapter 24A, Article 2 NMSA 1978 may be cited as the "Health Facility Receivership Act". History: 1978 Comp., § 24-1E-1, enacted by Laws 1996, ch. 35, § 4; 2001, ch. 225, § 1; recompiled and amended as § 24A-2-1 by Laws 2024, ch. 39, § 39.

As used in the Health Facility Receivership Act: A. "health facility" includes community-based programs providing services funded, directly or indirectly, in whole or in part, by the home and community-based medicaid waiver program or by developmental disabilities, traumatic brai…

A. The secretary may file a verified petition in the district court seeking appointment as receiver of a health facility if the facility: (1) is being operated without a valid license from the authority; (2) will be closed within sixty days and adequate arrangements to relocate i…

The secretary shall promulgate rules to implement the provisions of the Health Facility Receivership Act. As a minimum, the rules shall establish: A. conditions under which a petition for a health facility receivership may be filed; B. the duties, authority and responsibilities o…

A. Except in the case of an ex parte hearing under the Receivership Act [44-8-1 to 44-8-10 NMSA 1978], the district court shall hold a hearing on the petition within ten days after the petition is filed or as soon thereafter as practicable. The health facility shall be given noti…

A. In addition to the receiver's powers and duties under the Receivership Act [44-8- 1 to 44-8-10 NMSA 1978], the secretary as receiver and any deputy receiver under the Health Facility Receivership Act shall, except as the district court may otherwise order: (1) perform all acts…

The receivership shall terminate when the conditions that led to its establishment, and any other conditions that constitute grounds for establishment of a receivership, have ceased to exist. If the health facility is insolvent or otherwise financially distressed, the receivershi…

A health facility under receivership may petition the court at any time for modification or termination of the order of receivership. History: Laws 2001, ch. 225, § 5; § 24-1E-7, recompiled as § 24A-2-8 by Laws 2024, ch. 39, § 132.

History: Laws 2004, ch. 46, § 8; 2008, ch. 69, § 1; 2022, ch. 30, § 1; § 9-7-6.4, recompiled and amended as § 24A-3-1 by Laws 2024, ch. 39, § 43; repealed by Laws 2025, ch. 3, § 11.

duties; membership. A. The "behavioral health planning council" is created. The council consists of the following members, all of whom shall be appointed by and serve at the pleasure of the governor: (1) consumers of behavioral health services and consumers of substance abuse ser…

funding program. To carry out the provisions of Subsection E of Section 9-8-7.1 NMSA 1978 and to provide behavioral health services to persons who are incarcerated in a county correctional facility: A. the secretary shall adopt and promulgate rules: (1) pursuant to which a county…

civil penalties. A. A residential behavioral health facility shall not admit a patient for residential treatment without obtaining or providing evidence that the facility has attempted to obtain contact information for a family member of the patient. If the patient provides the c…

A. The "behavioral health trust fund" is created as a nonreverting fund in the state treasury. The fund consists of distributions, appropriations, gifts, grants and donations. Income from investment of the fund shall be credited to the fund. Money in the fund shall be expended on…

A. The "behavioral health program fund" is created in the state treasury. The fund consists of distributions, appropriations, gifts, grants, donations and income from investment of the fund. The health care authority shall administer the fund. Money in the fund is subject to appr…

As used in Chapter 24, Article 1I NMSA 1978 [Chapter 24A, Article 4 NMSA 1978]: A. "agreement" means a written contract to which a health care practitioner is a party; and B. "health care practitioner" means: (1) a dentist; (2) an osteopathic physician; (3) a physician; (4) a pod…

provisions void. A. A non-compete provision in an agreement, which provision restricts the right of a health care practitioner to provide clinical health care services in this state, shall be unenforceable upon the termination of: (1) the agreement; (2) a renewal or extension of …

Nothing in this act shall be construed to limit the enforceability of: A. a provision in an agreement requiring a health care practitioner who has worked for an employer for an initial period of less than three years to repay all or a portion of: (1) a loan; (2) relocation expens…

A. An agreement may provide for liquidated damages in an amount that is reasonable at the time the agreement is executed and in light of anticipated harm and difficulty of proving the amount of loss resulting from breach of the agreement by any party. B. A provision in an agreeme…

A. Chapter 24, Article 1I NMSA 1978 [Chapter 24A, Article 4 NMSA 1978] does not apply to agreements between health care practitioners who are shareholders, owners, partners or directors of a health care practice. B. Except as provided by Subsections C and D of this section, the p…

Chapter 24A, Article 5 NMSA 1978 may be cited as the "Long-Term Care Services Act". History: Laws 1998, ch. 82, § 1; § 24-17A-1, recompiled and amended as § 24A-5-1 by Laws 2024, ch. 39, § 46.

As used in the Long-term Care Services Act: A. "consumer" means a long-term care service recipient who has a physical or mental illness, injury or disability or who suffers from any cognitive impairment that restricts or limits the person's activities of daily living or instrumen…

delivery system; lead agency; service delivery system. A. The "interagency committee on long-term care" is created. B. Members of the interagency committee on long-term care shall be the heads of the following agencies or their designated representatives: (1) the authority; (2) t…

The interagency committee on long-term care shall take into consideration, within available resources, the following principles in the design, development and implementation of the integrated long-term care delivery system to: A. ensure the dignity and respect of consumers in the…

The chairperson shall present a report to the legislature on the progress of the interagency committee on long-term care and the status of the coordinated service delivery system. The report shall include conclusions and recommendations to further the work of the interagency comm…

Chapter 24A, Article 6 NMSA 1978 may be cited as the "Long-Term Care Facility Dementia Training Act". History: Laws 2021, ch. 111, § 1; § 24-17B-1, recompiled and amended as § 24A-6-1 by Laws 2024, ch. 39, § 48.

As used in the Long-Term Care Facility Dementia Training Act: A. "direct care service" means services provided to long-term care facility residents that maintain or improve the health and quality of life of the residents; B. "direct care service staff member" means a person emplo…

A. Each long-term care facility that is subject to the Long-Term Care Facility Dementia Training Act shall provide at least four hours of dementia training to each direct care service staff member that it employs on: (1) recognizing and treating Alzheimer's disease and dementia; …

In consultation with the aging and long-term services department, the authority shall: A. identify, publish a list of and periodically review online or in-person standardized training programs that meet the requirements of the Long-Term Care Facility Dementia Training Act; B. dev…

The training provider shall issue a certificate to staff upon completion of initial training. The certificate shall be valid so long as the certificate holder meets the requirements set forth by the authority pursuant to the Long-Term Care Facility Dementia Training Act and the c…

Chapter 24A, Article 7 NMSA 1978 may be cited as the "Graduate Medical Education Expansion Grant Program Act". History: Laws 2019, ch. 141, § 1; § 24-33-1, recompiled and amended as § 24A-7-1 by Laws 2024, ch. 39, § 53.