New Mexico Administrative Code
Title 8 - SOCIAL SERVICES
Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS
Part 7 - HEALTH FACILITY RECEIVERSHIP REQUIREMENTS
Section 8.370.7.8 - CONDITIONS FOR FILING RECEIVERSHIP PETITION
Current through Register Vol. 35, No. 18, September 24, 2024
When any of the following situations exist, the secretary may petition the district court seeking appointment as a health facility receiver.
A. Facility closure. The health facility will close, or cease all or part of its operations, within 60 days; and the health facility has failed to provide the secretary with, and obtained written approval from the secretary for, the health facility's detailed closure plan. The closure plan must demonstrate that the health facility will maintain and safeguard the health and safety of the care recipients. Upon receipt of a facility closure plan, the secretary will respond within 10 days to the facility with written notice of the secretary's approval or rejection of the closure plan. At a minimum, the closure plan will specify the facility's:
B. No license. The health facility is operated without such license as otherwise may be required.
C. Abandonment. The health facility is abandoned, care recipients of the health facility are abandoned or constructively abandoned, or such abandonment is imminent.
D. Imminent danger. The health facility presents an imminent danger of death or significant mental or physical harm to the care recipients of the health facility. Such imminent danger may arise from: