Current through Register Vol. 35, No. 18, September 24, 2024
A. Application and requirements for
licensure:
(1) All 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 or, if the applicant is an organization, then the individual signing
the application on behalf of the organization must have the authority to sign
for the organization.
(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 boarding home; and
(b) the
identities of all persons or business entities having five percent ownership
interest whatsoever in the boarding home, 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, including familial or direct or
indirect business relationship, between the old licensee and the new licensee,
and between any owner or operator of the new licensee, whether direct or
indirect.
(3) A license
shall not be granted to an owner/ applicant who does not clear the caregiver
criminal history screening process as set forth in 8.370.5 NMAC. The applicant
shall also provide to the authority information including, but not limited to,
felony convictions, a civil judgement against the applicant for fraud,
embezzlement or misappropriation of property, and any state or federal adverse
action resulting in suspension or revocation of license or permit. All criminal
history records obtained pursuant to this section by the authority are
confidential pursuant to Section 2917-5 NMSA 1978.
(4) The new applicant shall submit evidence
of sufficient resources to permit operation of the boarding home for a period
of six months. The evidence shall include a credit report from a recognized
credit bureau, and with a minimum credit score of 650 or above for applicants
that are individuals.
(5) No
license may be issued unless and until the applicant has supplied all
information requested by the authority.
(6) Fees: All applications for initial
licensure must be accompanied by the required fee.
(a) Current fee schedules will be provided by
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.
(c) Fees are non-refundable.
B. Notification and
letter of intent: The license applicant shall advise the licensing authority of
its intent to open a boarding home pursuant to these regulations by submitting
a letter of intent. The letter of intent must be on the applicant's letterhead
and signed by a person with authority to make legal decisions for the license
applicant and the boarding home and at a minimum, include the following:
(1) the name of boarding home;
(2) the name of the owner and licensee and
the type of legal entity under which the boarding home shall be
owned;
(3) the name of the
management company, if any;
(4) the
type of boarding home license requested;
(5) the name and resume of the proposed
manager;
(6) the anticipated number
of residents to be served;
(7) the
number of beds in the proposed boarding home;
(8) the physical address of the boarding home
including building name or suite number;
(9) the mailing address, if different from
physical address;
(10) the
applicant's contact name(s), address, e-mail address, and telephone
number(s);
(11) the anticipated
payers and sources of reimbursement; and
(12) a list of all services to be provided at
the boarding home location which is requesting the license.
C. License application and fees:
After review by the authority of the letter of intent for general compliance
with these regulations and verification that an application is appropriate
under these regulations, the owner shall submit a fully completed, printed or
typed, dated, signed and notarized license application The owner shall submit
the application prior to any construction, renovation or addition to an
existing building and after review and approval of the letter of intent by the
authority, the applicant must submit to the licensing authority an application
form provided by the authority, fully completed, printed or typed, dated,
signed, and notarized accompanied by the required fee. If electronic filing of
license applications is available at the time of application, the applicant
will be required to follow all electronic filing requirements, and may forgo
any notary requirements, if specifically allowed under the applicable
electronic filing statutes, regulations and requirements. The licensing
authority will provide current fee schedules. The authority reserves the right
to require additional documentation to verify the identity of the applicant in
order to verify whether any federal or state exclusions may apply to the
applicant. Fees are non-refundable. The applicant must also attach to the
application and submit to the authority, a set of building plans which includes
all of the information required by these rules, accompanied by proof of zoning
compliance by the applicable zoning authority.
D. Program description: The applicant must
submit with its license application a program outline consistent with these
regulations which includes at a minimum, the following information:
(1) a list and description of all services
and the scope of those services to be provided by the proposed boarding
home;
(2) projected number of
residents to be served monthly;
(3)
a list of staffing and personnel requirements and duties to be
performed;
(4) proposed staffing
plans;
(5) admission and discharge
criteria; and
(6) an organizational
structure diagram or chart including the manager, governing body, direct care
staff, and other staff.
E. Policies and procedures: The applicant
must submit with its license application a copy of the boarding home's policies
and procedures with a crosswalk to these regulations to show
compliance.
F. Building plans: the
application for licensure must also include building plans as set forth in this
rule. Boarding homes licensed for three or fewer residents are not required to
submit building plans.
G.
Additional documents required for license application: The following additional
documents are required to be provided as part of the initial licensure process
prior to the issuance of a temporary license, include, but are not limited to:
(1) Building approvals: The applicant must
submit all building approvals required for the boarding home to operate in the
jurisdiction in which it is located, including but not limited to:
(a) written zoning approval or proof of
zoning compliance;
(b) building
permit final approval, or certificates of occupancy from the appropriate
authority (state, city, county, or municipality) for business occupancy;
and
(c) approvals from the fire
safety authority having jurisdiction.
(2) Environment department approvals: If
applicable or required, the applicant must provide written approval from the
New Mexico environment department for the following:
(a) private water supply;
(b) private waste or sewage
disposal;
(c) kitchen/food
service.
(3) Custodial
pharmacy permit: Any boarding home licensed pursuant to these regulations that
supervises self-administration of medication for the residents or safeguards
medication for residents must have an appropriate custodial drug permit from
the state board of pharmacy.
