New Mexico Administrative Code
Title 8 - SOCIAL SERVICES
Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS
Part 19 - REQUIREMENTS FOR INHOME AND INPATIENT HOSPICE CARE
Section 8.370.19.7 - DEFINITIONS
Current through Register Vol. 35, No. 18, September 24, 2024
For purposes of these regulations the following shall apply.
A. "Administrator" means the person appointed by the governing body to be in charge of the day-to-day operation of a facility or agency providing hospice services.
B. "Applicant" means the individual who, or organization which, applies for a license. If the applicant is an organization, then the individual signing the application on behalf of the organization, must have authority from the organization. The applicant must be the owner.
C. "Bereavement" means a period of mourning following the death of a loved one.
D. "Certified" means that a determination has been made by the New Mexico health care authority that a health facility such as a hospital, skilled nursing facility or intermediate care facility is in compliance with Conditions of Participation and Conditions of Coverage under Title XVIII (Medicare) or Title XIX (Medicaid) of the United States federal Social Security Act.
E. "Dietitian" means a person eligible or required to be licensed under the New Mexico Nutrition and Dietetics Practice Act, Sections 61-7A-1 through 61-7A-15 NMSA 1978.
F. "Exploitation" of a patient/client consists of the act or process, performed intentionally, knowingly, or recklessly, of using any patient/client/residents money or property, for another person's profit, advantage, or benefit. Exploitation includes but is not limited to:
G. "Governing body" means the person, persons, board of trustees, directors, or other body in which the final authority and responsibility is vested in determining, implementing, and monitoring policies governing the total operation of the hospice facility or agency providing hospice services.
H. "Health certificate" means a completed New Mexico health care authority approved health certificate form signed by a physician licensed in New Mexico or a public health nurse in one of the public health division health offices who is acting for the state tuberculosis control officer.
I. "Hospice agency" means an organization, company, profit or non-profit corporation or any other entity which provides hospice services in the patient's own home and is required to be licensed pursuant to these regulations.
J. "Hospice facility" means a building equipped and staffed to provide hospice services to patients and family on a 24 hour basis and is required to be licensed pursuant to these regulations.
K. "Hospice services" means a program of palliative and supportive services which provides physical, psychological, social and spiritual care for terminally ill patients and their family members.
L. "Inhome care" means hospice services delivered in a private home or alternative home site to a single patient on an intermittent basis.
M. "Inpatient care" means hospice services delivered to a patient who has been admitted to a hospice facility on a continuous 24 hour period.
N. "License" means the document issued by the licensing authority pursuant to these regulations granting the legal right to operate for a specified period of time, not to exceed one year.
O. "Licensee" means the person(s) who, or organization which, has an ownership, leasehold, or similar interest in the hospice facility and in whose name a license has been issued and who is legally responsible for compliance with these regulations.
P. "Licensing authority" means the New Mexico health care authority.
Q. "Medical director" means a doctor of medicine or osteopathy who assumes overall responsibility for the medical component of a hospice facility or agency.
R. "NMSA" means the New Mexico Statutes Annotated 1978 compilation, and all the revisions and compilations thereof.
S. "Physician" means a person licensed to practice medicine or osteopathy by the New Mexico board of medical examiners, or the osteopathic medical examiners board.
T. "Plan of correction" means the plan submitted by the licensee or representative of the licensee addressing how and when deficiencies identified at time of a survey will be corrected.
U. "Policy" means a statement of principle that guides and determines present and future decisions and actions.
V. "Procedure" means the action(s) that must be taken in order to implement a policy.
W. "Registered nurse" means a person who holds a certificate of registration as a registered nurse under the Nursing Practice Act, Sections 61-3-1 to 61-330 NMSA 1978.
X. "Short term inpatient care" is care provided to a hospice patient on a short term basis, either in a hospital or skilled nursing facility for acute symptom control or in a skilled or intermediate care facility for respite for the usual caregiver.
Y. "Social worker" means a person required to be licensed under the Social Work Practice Act, Sections 61-31-1 through 61-31-25 NMSA 1978.
Z. "Staff" means the paid and volunteer workers supervised by the hospice facility or hospice agency administration.
AA. "Terminally ill" means a diagnosis by a physician with a prognosis that a patient has six months or less to live.
BB. "Variance" means an act on the part of the licensing authority to refrain from pressing or enforcing compliance with a portion or portions of these regulations for an unspecified period of time where the granting of a variance will not create a danger to the health, safety, or welfare of patients or staff of a hospice facility and is at the sole discretion of the licensing authority.
CC. "Waive/waivers" means to refrain from pressing or enforcing compliance with a portion or portions of these regulations for a limited period of time provided the health, safety, or welfare of patients and staff are not in danger. Waivers are issued at the sole discretion of the licensing authority.
