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 8.370.16.8 - LICENSURE

Universal Citation: 8 NM Admin Code 8.370.16.8

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

A. Application/requirements for licensure:

(1) All initial 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;

(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 facility;

(b) the identities of all persons or business entities having five percent ownership interest whatsoever in the facility, 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 between the old licensee and the new licensee, and between any owner or operator of the new licensee, whether direct or indirect.

(3) The applicant shall provide to the authority, information including, but not limited to, information regarding felony convictions, civil actions involving fraud, embezzlement or misappropriation of property, any state or federal adverse action resulting in suspension or revocation of license or permit.

(4) The new licensee shall submit evidence to establish that he or she has sufficient resources to permit operation of the facility for a period of six months.

(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 may be requested from 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 of New Mexico.

(c) Fees are non-refundable.

B. Action by the authority:

(1) After receiving complete application, the authority shall investigate the applicant to determine the applicant's ability to comply with these regulations.

(2) Within 60 days after receiving a complete application for a license, the authority shall either approve the application and issue a license or deny the application. If the application for a license is denied, the authority shall give the applicant reasons, in writing, for the denial.

(3) The licensing authority shall not issue a new license if the applicant has had a health facility license revoked or denied renewal, or has surrendered a license under threat of revocation or denial of renewal, or has lost certification as a Medicaid provider as a result of violations of applicable medicaid requirements. The licensing authority may refuse to issue a new license if the applicant has been cited repeatedly for violations of applicable regulations 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 noncompliant with plans of correction.

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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