New Mexico Administrative Code
Title 7 - HEALTH
Chapter 9 - NURSING HOMES AND INTERMEDIATE CARE FACILITIES
Part 2 - REQUIREMENTS FOR LONG TERM CARE FACILITIES
Section 7.9.2.8 - LICENSURE
Universal Citation: 7 NM Admin Code 7.9.2.8
Current through Register Vol. 35, No. 6, March 26, 2024
A. Application/requirements for licensure:
(1) All initial applications shall be made on
forms provided by the licensing authority.
(a) all information requested on the
application must be provided;
(b)
The application must be dated and signed by the person who shall be the
licensee;
(c) the application must
be notarized.
(2) In
every application, the applicant shall provide the following information:
(a) the identities of all persons or business
entities having the authority, directly or indirectly, to direct or cause the
direction of the management or policies of the facility;
(b) the identities of all persons or business
entities having five percent ownership interest whatsoever in the facility,
whether direct or indirect, and whether the interest is in the profits, land or
building, including owners of any business entity which owns any part of the
land or building, and
(c) the
identities of all creditors holding a security interest in the premises,
whether land or building; and
(d)
in the case of a change of ownership, disclosure of any relationship or
connection between the old licensee and the new licensee, and between any owner
or operator of the new licensee, whether direct or indirect.
(3) The applicant shall provide to
the department, information including, but not limited to, information
regarding felony convictions, civil actions involving fraud, embezzlement or
misappropriation of property, any state or federal adverse action resulting in
suspension or revocation of license or permit.
(4) The new licensee shall submit evidence to
establish that he or she has sufficient resources to permit operation of the
facility for a period of six months.
(5) No license may be issued unless and until
the applicant has supplied all information requested by the
department.
(6) Fees: All
applications for initial licensure must be accompanied by the required fee.
(a) Current fee schedules may be requested
from the licensing authority.
(b)
Fees must be in the form of a certified check, money order, personal or
business check made payable to the state of New Mexico.
(c) Fees are non-refundable.
B. Action by the department:
(1) After receiving
complete application, the department shall investigate the applicant to
determine the applicant's ability to comply with these regulations.
(2) Within 60 days after receiving a complete
application for a license, the department shall either approve the application
and issue a license or deny the application. If the application for a license
is denied, the department shall give the applicant reasons, in writing, for the
denial.
(3) The licensing authority
shall not issue a new license if the applicant has had a health facility
license revoked or denied renewal, or has surrendered a license under threat of
revocation or denial of renewal, or has lost certification as a Medicaid
provider as a result of violations of applicable medicaid requirements. The
licensing authority may refuse to issue a new license if the applicant has been
cited repeatedly for violations of applicable regulations found to be Class A
or Class B deficiencies as defined in Health Facility Sanctions and
Civil Monetary Penalties, 7NMAC 1.8, or has been noncompliant with
plans of correction.
Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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