New Mexico Administrative Code
Title 8 - SOCIAL SERVICES
Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES
Part 11 - CRISIS TRIAGE CENTERS
Section 8.321.11.15 - CHANGE OF OWNERSHIP

Universal Citation: 8 NM Admin Code 8.321.11.15

Current through Register Vol. 35, No. 18, September 24, 2024

When a change of ownership occurs, an initial license application must be submitted by the new owner per the requirements in this section. The new owner must demonstrate compliance with these regulations the instant it takes responsibility of the CTC. The licensing authority may, at its sole discretion, approve a change of ownership. In addition to the requirements in Section 8.321.11.10 NMAC - application for licensure, the new owner must submit the following at least 60 days prior to completion of the change of ownership:

A. An explanation of terms of the change of ownership and the date the ownership will change.

B. Documents evidencing the change of ownership such as proof of sale or donation, lease of any portion of the CTC or other relevant documents.

C. Building plans of the current structure with any modifications known to the current or new owner.

D. A continuity of care transition plan that describes how the new owner will maintain the provision of services and continuity of care, keep residential clients safe and meet the requirements of these regulations at the instant it takes responsibility of the CTC. The plan must state the actions that will occur, the party responsible for taking each action, and the expected date of completion for each action. The plan must include the following:

(1) list of all residential clients at the time of notice to the licensing authority;

(2) review and update of all residential client assessments. All assessments must be current and accurate;

(3) review and update of all crisis intervention plans for clients receiving service at the time of transition and for all residential clients. All plans must be current and accurate;

(4) staffing as required in Section 8.321.11.29 NMAC of these rules and the number and positions of current staff that will be hired by the new owner;

(5) staff training as required in Section 8.321.11.32 NMAC;

(6) identification of all waivers or variances held by the current owner, and submission of any necessary waivers or variances. All waivers or variances held by the current owner are void upon the change of ownership;

(7) signed transfer agreements as required in Section 8.321.11.22 NMAC of these rules.

(8) Failure by any individual or entity to apply for and obtain a new license while continuing to operate under these regulations, shall be considered in violation of these regulations and the secretary may issue a cease-and-desist order, to protect human health or safety or welfare. The unlicensed CTC may request a hearing that shall be held in the manner provided under these regulations and all other applicable regulations.

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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