When a change of ownership occurs, an initial license
application must be submitted by the new owner per the requirements in this
section. The new owner must demonstrate compliance with these regulations the
instant it takes responsibility of the CTC. The licensing authority may, at its
sole discretion, approve a change of ownership. In addition to the requirements
in Section 8.321.11.10 NMAC - application for
licensure, the new owner must submit the following at least 60 days prior to
completion of the change of ownership:
A. An explanation of terms of the change of
ownership and the date the ownership will change.
B. Documents evidencing the change of
ownership such as proof of sale or donation, lease of any portion of the CTC or
other relevant documents.
C.
Building plans of the current structure with any modifications known to the
current or new owner.
D. A
continuity of care transition plan that describes how the new owner will
maintain the provision of services and continuity of care, keep residential
clients safe and meet the requirements of these regulations at the instant it
takes responsibility of the CTC. The plan must state the actions that will
occur, the party responsible for taking each action, and the expected date of
completion for each action. The plan must include the following:
(1) list of all residential clients at the
time of notice to the licensing authority;
(2) review and update of all residential
client assessments. All assessments must be current and accurate;
(3) review and update of all crisis
intervention plans for clients receiving service at the time of transition and
for all residential clients. All plans must be current and accurate;
(4) staffing as required in Section
8.321.11.29 NMAC of these rules and
the number and positions of current staff that will be hired by the new
owner;
(5) staff training as
required in Section
8.321.11.32 NMAC;
(6) identification of all waivers or
variances held by the current owner, and submission of any necessary waivers or
variances. All waivers or variances held by the current owner are void upon the
change of ownership;
(7) signed
transfer agreements as required in Section
8.321.11.22 NMAC of these
rules.
(8) Failure by any
individual or entity to apply for and obtain a new license while continuing to
operate under these regulations, shall be considered in violation of these
regulations and the secretary may issue a cease-and-desist order, to protect
human health or safety or welfare. The unlicensed CTC may request a hearing
that shall be held in the manner provided under these regulations and all other
applicable regulations.
Notes
N.M. Admin.
Code §
8.321.11.15
Adopted by
New
Mexico Register, Volume XXXV, Issue 12, June 25, 2024, eff.
7/1/2024
