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Health Facility Regulations
New Emergency Rule and Pending Regulations
The Health Care Authority Division of Health Improvement is issuing a temporary emergency rule to amend 8.370.8 NMAC section 11, Severity Standard. It updates and clarifies the standards for caregiver offenses that can be referred for placement on the Employee Abuse Registry. This emergency rule is effective on February 11, 2025. the emergency amendment can also be found on the State Records Center and Archives registry volume XXXVI issue 4 publication date 2/25/2025.
DHI has repealed and replaced the Health Facility Licensure Fees and Procedures NMAC 8.370.3. The replacement rule can be found on the State Records Center and Archives registry Volume XXXVI Issue 2, Publication date 1/28/2025, effective date 1/28/2025.
DHI has amended the Caregivers and Hospital Caregivers Screening Requirements NMAC 8.370.5 sections 8 and 9. The revised amendments can be found on the State Records Center and Archives registry Volume XXXVI Issue 2, Publication date 1/28/2025 effective date 1/28/2025.
Notice of Public Hearing
The New Mexico Health Care Authority Division of Health Improvement is finalizing repeal and replacement of the rule 8.370.14 Assisted Living Facilities for Adults. These regulations apply to any assisted living facility for adults as defined by Subsection D of 24-1-2 NMSA 1978, as amended, which is licensed or is required to be licensed, which is operated for the maintenance or care of two or more adults who need or desire assistance with one or more activities of daily living. The purpose of these regulations is to update and clarify the requirements to current standards of care and practice.
This is a repeal and replacement of the NMAC requirements for Assisted Living Facilities for Adults.
A public hearing to receive testimony on this proposed rule will be held on April 16th, 2025 at 11:00 am, in the Hozho conference room #109, 5300 Homestead Rd. NE, Albuquerque NM 87110
The public hearing will be a Hybrid, via Zoom as well as in person, pursuant to Section 14-4-5.6 NMSA 1978.
Join on your computer, mobile app, or room device
Please click the link below to join the webinar:
You are invited to a Zoom webinar!
When: Apr 16, 2025 11:00 AM Mountain Time (US and Canada)
Topic: My WebinarHearing – Repeal and Replacement of rule 8.370.14 Assisted Living Facilities for Adults
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All written comment may be dropped off during the scheduled hearing time (see above) at the Division of Health Improvement offices, at the Hozho conference room #109, 5300 Homestead Rd. NE, Albuquerque NM 87110.
Individuals wishing to testify may contact the Division of Health Improvement (DHI), P.O. Box H, Santa Fe, NM 87504, or by calling (505) 476-9093.
Individuals who do not wish to attend the hearing may submit written or recorded comments. Written or recorded comments must be received by 5:00 p.m. on the date of the hearing, 4/16/2025. Please send comments to: Division of Health Improvement P.O. Box H Santa Fe, NM 87504, Recorded comments may be left at (505) 476-9093. You may send comments via email to: dan.lanari@hca.nm.gov . Written and recorded comments will be posted to the agency’s website within 3 days of receipt. All comments will be given the same consideration as oral testimony made at the public hearing.
If you are a person with a disability and you require this information in an alternative format, or you require a special accommodation to participate in any HSD public hearing, program, or service, please contact the American Disabilities Act Coordinator, at Office-505-709-5468, Fax-505-827-6286 or through the New Mexico Relay system, toll free at #711. The Department requests at least a 10-day advance notice to provide requested alternative formats and special accommodations.
These are the rules and regulations for the health facility licensing and certification.
- 8.370.2 NMAC — Adjudicatory Hearings for Licensed Facilities
- 8.370.3 NMAC — Health Facility Licensure Fees and Procedures
- 8.370.4 NMAC — Health Facility Sanctions and Civil Monetary Penalties
- 8.370.5 NMAC — Caregivers Criminal History Screening Requirements
- 8.370.7 NMAC — Health Facility Receivership Requirements
- 8.370.8 NMAC — Employee Abuse Registry
- 8.370.9 NMAC — Incident Reporting, Intake, Processing & Training Requirements for Facilities
- 8.370.12 NMAC — Requirements for Acute Care, Limited Services and Special Hospitals
- 8.370.14 NMAC — Requirements for Assisted Living Facilities for Adults
- 8.370.15 NMAC — General Requirements for Boarding Homes
- 8.370.16 NMAC — Requirements for Long-Term Care Facilities
- 8.370.17 NMAC — Requirements for Freestanding Birth Centers
- 8.370.18 NMAC — Requirements for Facilities Providing Outpatient Medical Services and Infirmaries
- 8.370.19 NMAC — Requirements for Inhome and Inpatient Hospice Care
- 8.370.20 NMAC — Requirements for Adult Day Care Facilities
- 8.321.6 NMAC — Requirements for Community Mental Health Centers
- 8.371.2 NMAC — Requirements for Intermediate Care Facilities for the Mentally Retarded
- 8.370.22 NMAC — Requirements for Home Health Agencies
- 8.321.11 NMAC — Crisis Triage Centers
- 8.370.24 NMAC — Requirements for End Stage Renal Disease Facilities
- 8.370.25 NMAC — Hearing Requirements for Certified Nurse Aides