New Mexico Administrative Code
Title 8 - SOCIAL SERVICES
Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS
Part 16 - REQUIREMENTS FOR LONG TERM CARE FACILITIES
Section 8.370.16.38 - REMOVALS FROM THE FACILITY
Universal Citation: 8 NM Admin Code 8.370.16.38
Current through Register Vol. 35, No. 18, September 24, 2024
The provisions of this section shall apply to all resident removals.
A. Conditions: No resident may be temporarily or permanently removed from this facility except:
(1) Voluntary removal: Upon the request or
with the informed consent of the resident or guardian.
(2) Involuntary removal:
(a) for nonpayment of charges, following
seven days notice and opportunity to pay any deficiency;
(b) if the resident requires care other than
that which the facility is licensed to provide;
(c) for medical reasons as ordered by a
physician;
(d) in case of a medical
emergency or disaster;
(e) for the
resident's welfare or the welfare of other residents;
(f) if the resident does not need nursing
home care, and alternate placement is identified and arrangements for transfer
have been completed;
(g) if the
short-term care period for which the resident was admitted has expired;
and
(h) as otherwise permitted by
law.
(3) Alternate
placement: Except for removal under the preceding section, no resident may be
involuntarily removed unless an alternate placement is arranged for the
resident.
B. Permanent removals:
(1) Notice: The facility shall
provide a resident, the resident's physician and guardian, relative, or other
responsible person, at least 30 days notice of removal under Subsection A of
8.370.16.38 NMAC, except Subparagraph (a) of Paragraph (2) of Subsection A of
8.370.16.38 NMAC, unless the continued presence of the resident endangers the
health, safety, or welfare of the resident or other residents.
(2) Removal procedures:
(a) The resident, shall be given a notice
containing the time and place of a planning conference; a statement informing
the resident that any persons of the resident's choice may attend the
conference; and the -procedure for submitting a complaint to the
authority.
(b) Unless the resident
is receiving respite care or unless precluded by circumstances posing a danger
to the health, safety, or welfare of a resident, prior to involuntary removal
under Subsection A of 8.370.16.38 NMAC a planning conference shall be held at
least three days before removal with the resident, guardian, if any, any
appropriate county agency, and others designated by the resident, including the
resident's physician, to review the need for relocation, assess the effect of
relocation on the resident, discuss alternative placements, and develop a
relocation plan which includes at least those activities listed
below.
(c) Removal activities shall
include: counseling regarding the impending removal; arrangements for the
resident to visit the potential alternative placement or meeting with that
facility's admissions staff, unless medically contra-indicated or waived by the
resident; assistance to the resident in planning the moving of belongings and
funds to the new facility or quarters; and provisions for needed medications
and treatments during relocation.
(d) Discharge records: Upon removal of a
resident, all relevant documents shall be prepared and provided to the facility
admitting the resident.
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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