N.M. Admin. Code § 8.370.16.39 - TRANSFER AGREEMENTS
A.
Requirement: Each facility shall have in effect a transfer agreement with one
or more hospitals under which in-patient hospital care or other hospital
services are available promptly to the facility's resident's when needed.
Facilities under same management having identified distinct parts are exempt
from transfer agreements.
B.
Transfer of residents: A hospital and a facility shall be considered to have a
transfer agreement in effect if there is a written agreement between them or,
when the two Institutions are under common control, if there is a written
statement by the person or body which controls them, which gives reasonable
assurance that:
(1) transfer of residents
will take place between the hospital and the facility ensuring timely
admission, whenever such transfer is medically appropriate as determined by the
attending physician; and
(2) there
shall be interchange of medical and other information necessary for the care
and treatment of individuals transferred between the institutions or for
determining, whether such individuals can be adequately cared for somewhere
other than in either of the institutions.
C. Exemption: A facility which does not have
a resident transfer agreement in effect, but which is found by the authority to
have attempted in good faith to enter into such an agreement with a hospital
sufficiently close to the facility to make feasible the transfer between the
two facilities and the information referred to in Subsection B of
8.370.16.39 NMAC above, shall be
considered to have such an agreement in effect if and for so long as the
authority finds that to do so is in the public interest and essential to
ensuring nursing facility services in the community.
Notes
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