N.M. Admin. Code § 8.370.15.9 - SCOPE OF SERVICES
A.
General scope of services: These regulations apply to non-medical boarding
homes that are required to be licensed under the public health act by the
authority to provide residential placement to individuals seeking assistance
with instrumental activities of daily living or assistance with accessing or
the coordination of community services who may have been discharged from any
mental or behavioral health care institution. Individuals who need assistance
with one or more activities of daily living or who need a higher level of
services and supervision provided in a skilled nursing facility, intermediate
care facility, assisted living facility, a general or special hospital or other
institution, shall not be placed in a boarding home.
B. Licensure is required:
(1) No boarding home as defined in Subsection
H of 8.370.15.7 NMAC may operate in New
Mexico unless it is licensed in accordance with the requirements of the
authority.
(2) Any boarding home
providing services described in these regulations that is in operation on the
effective date of these regulations must apply for licensure within 30 days of
the effective date.
(3) If an
unlicensed boarding home is found to be providing services for which a license
is required under these regulations or other health facility regulations, the
secretary may issue a cease-and-desist order, to protect human health or safety
or welfare.
C. Exemption
from licensure:
(1) The boarding home
regulations contained in this rule shall not apply to any of the following:
(a) Any other licensed health facility, as
defined by the public health act Subsection F of Section
24-1-2, NMSA 1978 licensed by the
authority.
(b) Any clinic, as
defined by the public health act Subsection F of Section
24-1-2 NMSA 1978 licensed by the
authority.
(c) Any home operated by
a home and community-based medicaid waiver service provider, under contract
with the authority to provide waiver services.
(d) Any house, institution, hotel, homeless
shelter, or other similar place that supplies board and room only, or room
only, or board only, which provides no element of care and
supervision.
(e) Any school
dormitory or similar facility where all of the following conditions exist:
(i) The school is a public school as defined
by Subsection L of Section
22-1-2 NMSA 1978 or a nonpublic
school accredited by a generally accepted accreditation agency.
(ii) The school and the school dormitory are
on the same grounds.
(iii) The
program operates only during normal school terms unless the academic program
runs year-around.
(iv) The school's
function is educational only.
(v)
The school program is not designated as providing rehabilitative or treatment
services.
(f) Any care
and supervision of persons by a relative, guardian or conservator.
(g) Any care and supervision of persons from
only one family by a close friend of the family, guardian or conservator,
provided that such arrangement is not for financial profit and does not exceed
10 hours per week. The provision of longer hours of care shall not be precluded
when provided for a brief period of time for reasons, including but not limited
to family emergencies, vacation, and military leave.
(h) Any arrangement for the care and
supervision of an adult or adults from only one close friend, who is not a
licensee or current employee of a residential care facility for the elderly or
of an adult residential facility, and whose friendship pre-existed a
provider/recipient relationship, and all of the following are met:
(i) The care and supervision are provided in
a home or residence chosen by the recipient, regardless of who owns the home or
residence.
(ii) The arrangement is
not of a business nature, in that the provider does not represent himself or
herself as being in the business of provision of care, and any compensation
that may be paid to the provider is only for the value of the services
rendered.
(iii) The arrangement
occurs and continues only with the one resident.
(i) Any housing project for elderly or
disabled individuals that meets other federal requirements.
D. Other
operations not affected: Boarding homes that also rent rooms solely on an owner
resident basis, to individuals who do not require assistance with one or more
instrumental activities of daily living or assistance with the coordination of
community services, are not required to comply with this rule in respect to
those individuals only.
Notes
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