Current through Register Vol. 35, No. 18, September 24, 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
authority 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, 8.370.4 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 authority. 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 months; the evidence shall include a credit report from one of
the three recognized credit bureaus with a minimum credit score of 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 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 authority within thirty (30)
days;
(7) building plans
as required at 8.370.14.41 NMAC of this rule;
(8) fire authority approval as required at
8.370.14.60 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 10 business days of
the change.
(2) An application for
increase in capacity shall be accompanied by a building plan pursuant to
8.370.14.41 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 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
residents.
(3) After the facility
has admitted up to three 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 120 calendar
days.
(7) No more than two
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 240 day time frame, the applicant shall repeat the
application process.
G.
Annual license. An annual license is issued for one 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 10 days of notice by the licensing authority may result in the
following penalties pursuant to health facility sanctions and civil monetary
penalties, 8.370.4 NMAC.
(1) A civil monetary
penalty not to exceed $5,000 per day.
(2) A base civil monetary penalty, plus a
perday 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.
