Current through Register Vol. 35, No. 6, March 26, 2024
A.
Licensure is required. No
person or entity shall establish, maintain or operate an assisted living
facility without first obtaining a license.
B.
Application for licensure.
An initial or renewal application shall be made on the forms prescribed by and
available from the licensing authority. The issuance of an application form is
not a guarantee that the completed application will be accepted, or that the
department will issue a license. Information provided by the facility and used
by the licensing authority for the licensing process shall be accurate and
truthful. The licensing authority will not issue a new license if the applicant
has had a health facility license revoked or renewal denied or has surrendered
a license under threat of revocation or denial of renewal. The licensing
authority may not issue a new license if the applicant has been cited
repeatedly for violations of applicable rules found to be class A or class B
deficiencies as defined in Health Facility Sanctions and Civil Monetary
Penalties, 7.1.8 NMAC or has been non-compliant with plans of correction. The
licensing authority will not issue a license until the applicant has supplied
all of the information that is required by this rule. Any facility that fails
to participate in good faith by falsifying information presented in the
licensing process shall be denied licensure by the department. The following
information shall be submitted to the licensing authority for approval:
(1) a letter of intent that includes the
proposed physical address, the primary population of the facility and a summary
of the proposed services; after the letter of intent has been received, an
application packet including; the application form, fee schedule and the
licensing rule will be issued to the applicant by the licensing
authority;
(2) the completed and
notarized application and the appropriate non-refundable fee(s);
(3) a program narrative identifying and
detailing the geographic service area, the primary population including any
special needs requirements, along with a full description of the services that
the applicant proposes to provide including:
(a) a description of the characteristics of
the proposed population of the facility;
(b) a description of the services and care
that will be provided to the residents;
(c) a description of the anticipated
professional services to be offered to the residents; and
(d) a description of the facility's
relationship to other services and related programs in the service area and how
the applicant will collaborate with them to achieve a system of care for the
residents.
(4) policies
and procedures annotated to this rule;
(5) evidence to establish that the applicant
has sufficient financial assets to permit operation of the facility for a
period of six (6) months; the evidence shall include a credit report from one
of the three recognized credit bureaus with a minimum credit score of
six-hundred fifty (650) or above;
(6) copies of organizational documents to
include the following list of items:
(a) the
names of all persons or business entities that have at least five percent (5%)
ownership interest in the facility, whether direct or indirect and whether in
profits, land or building; this includes the owners of any business entity
which owns all or part of the land or building;
(b) the identities of all creditors that hold
a security interest in the premises, whether land or building;
(c) any changes in ownership or management
shall be reported to the department within thirty (30) days;
(7) building plans as required at
7.8.2.41 NMAC of this rule;
(8)
fire authority approval as required at 7.8.2.60 NMAC of this rule;
(9) a letter of approval or exemption from
the local health authority having jurisdiction for the food service and the
kitchen facility;
(10) a copy of
liquid waste disposal and treatment system permit from local health authority
having jurisdiction;
(11) approval
from local zoning authority;
(12)
building approval (certificate of occupancy); and
(13) any other information that the applicant
wishes to provide or that the licensing authority may request.
C.
Application for amended
license. A licensee shall submit an application for an amended license
and the required non-refundable fee to the licensing authority prior to a
change with the facility. An amended license is required for a change of:
location, administrator, facility name, capacity or any modification or
addition to the building.
(1) An application
for a change of the facility administrator or change of the administrator's
name shall be submitted to the licensing authority within ten (10) business
days of the change.
(2) An
application for increase in capacity shall be accompanied by a building plan
pursuant to 7.8.2.41 NMAC of this rule. A facility shall not increase census
until the licensing authority has reviewed and approved the increase and has
issued a new license that reflects the approved increase in capacity.
D.
Application for license
renewal. Each facility shall apply for a renewal of the annual license
within thirty (30) business days prior to the license expiration date by
submitting the following items:
(1) an
application and the required fee;
(2) an updated program narrative, if the
facility has changed the program or the focus of services;
(3) the annual fire inspection report;
and
(4) the licensing authority may
not issue a new license if the applicant has been cited repeatedly for
violations of this rule or has been noncompliant with plans of correction or
payment of civil monetary penalties.
E.
License. Any person or
entity that establishes, maintains or operates an assisted living facility
shall obtain a license as required in this rule before accepting residents for
care or providing services.
(1) Each facility
that provides care or treatment shall obtain a separate license. The license is
non-transferable and is only valid for the facility to which it is originally
issued and for the owner or operator to whom it is issued. It shall not be
sold, reassigned or transferred.
(2) The maximum capacity specified on the
license shall not be exceeded.
(3)
If the facility is closed and the residents are removed from the facility, the
license shall be returned to the licensing authority. Written notification
shall be issued to all residents or the residents' surrogate decision maker and
the licensing authority at least thirty (30) calendar days prior to the
closure.
F.
Temporary license.
(1) A temporary
license may be issued to a new facility before residents are admitted provided
that the facility has met all of the life safety code requirements as stated in
this rule and policies and procedures for the facility have been reviewed and
approved.
(2) Upon receipt of a
temporary license, the facility may begin to admit up to three (3)
residents.
(3) After the facility
has admitted up to three (3) residents, the facility operator or owner shall
request an initial health survey from the licensing authority.
(4) Following a determination of compliance
with this rule by the licensing authority, an annual license will be issued.
The renewal date of the annual license is based on the initial date of the
first temporary license.
(5) The
licensing authority has the right to determine compliance or
noncompliance.
(6) A temporary
license shall cover a period of time, not to exceed one hundred twenty (120)
calendar days.
(7) No more than two
(2) consecutive temporary licenses shall be issued. If a second temporary
license is issued, an additional non-refundable fee is required. If all
requirements are not met within the two hundred forty (240) day time frame, the
applicant shall repeat the application process.
G.
Annual license. An annual
license is issued for one (1) year for a facility that has met all the
requirements of this rule.
H.
Display of license. The facility shall display the license in a
conspicuous public place that is visible to residents, staff and
visitors.
I.
Unlicensed
facilities. Any person or entity that opens or maintains an assisted
living facility without a license is subject to the imposition of civil
monetary penalties by the licensing authority. Failure to comply with the
licensure requirements of this rule within ten (10) days of notice by the
licensing authority may result in the following penalties pursuant to Health
Facility Sanctions and Civil Monetary Penalties, 7.1.8 NMAC.
(1) A civil monetary penalty not to exceed
five-thousand dollars ($5,000) per day.
(2) A base civil monetary penalty, plus a
per-day civil monetary penalty, plus the doubling of penalties as applicable,
that continues until the facility is in compliance with the licensing
requirements in this rule.
(3) A
cease and desist order to discontinue operation of a facility that is operating
without a license.
(4) Additional
criminal penalties may apply and shall be imposed as necessary.