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 8.370.16.39 - TRANSFER AGREEMENTS
Current through Register Vol. 35, No. 18, September 24, 2024
A. Requirement: Each facility shall have in effect a transfer agreement with one or more hospitals under which in-patient hospital care or other hospital services are available promptly to the facility's resident's when needed. Facilities under same management having identified distinct parts are exempt from transfer agreements.
B. Transfer of residents: A hospital and a facility shall be considered to have a transfer agreement in effect if there is a written agreement between them or, when the two Institutions are under common control, if there is a written statement by the person or body which controls them, which gives reasonable assurance that:
C. Exemption: A facility which does not have a resident transfer agreement in effect, but which is found by the authority to have attempted in good faith to enter into such an agreement with a hospital sufficiently close to the facility to make feasible the transfer between the two facilities and the information referred to in Subsection B of 8.370.16.39 NMAC above, shall be considered to have such an agreement in effect if and for so long as the authority finds that to do so is in the public interest and essential to ensuring nursing facility services in the community.