N.M. Admin. Code § 8.370.7.7 - DEFINITIONS
As used in this rule, unless the context requires otherwise:
A.
"Abandonment" means the elimination of, or the failure to provide,
one or more essential support services for all or a portion of the residents of
a health facility, including but not limited to appropriate personnel, shelter,
medical care, sustenance, assistance with the activities of daily living,
habilitation or individual treatment plan activities and support.
B.
"Closure Plan" means the
health facility's written plan, including any amendments, detailing the manner
in which the health facility will satisfy all applicable legal or contractual
requirements, including any requirements that the authority may request be
included in such written plan, and which at a minimum sets forth the discharge
planning and transfer of the residents, and the manner in which the health
facility will fully meet the needs of the residents during the period of the
facility closure.
C.
"Constructive Abandonment" means a situation in which abandonment
of the residents of a health facility can be inferred from the totality of
circumstances, as, for example, the health facility's untimely payment or
nonpayment of suppliers or staff resulting in the lack of necessary supplies or
services.
D.
"Facility" means:
(1) a health
facility as defined in Subsection D of Section
24-1-2 NMSA 1978 other than a
child-care center or facility, whether or not licensed by New Mexico;
or,
(2) a community-based program
providing services funded, directly or indirectly, in whole or in part, by the
home and community-based Medicaid waiver program or by developmental
disabilities, traumatic brain injury or other medical disabilities
programs.
E.
"Imminent danger" means a significant, foreseeable jeopardy, risk
or threat existing at the present time or in the immediate future.
F.
"Receivership" means,
pursuant to a court order, the condition or occurrence of the legal vesting of
authority in the Secretary, acting as a receiver, and vesting of authority in
the deputy receiver, to exercise management and control over all of, or a
portion of, a facility, in derogation of the rights of the facility owner or
operator.
G.
"Receivership
estate" means the totality of the property, accounts, assets, rights and
obligations over which the receiver has authority to manage and control in
accordance with a court's order.
H.
"Secretary" means the secretary of the New Mexico health care
authority.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.