N.M. Admin. Code § 8.370.7.8 - CONDITIONS FOR FILING RECEIVERSHIP PETITION
When any of the following situations exist, the secretary may petition the district court seeking appointment as a health facility receiver.
A.
Facility
closure. The health facility will close, or cease all or part of its
operations, within 60 days; and the health facility has failed to provide the
secretary with, and obtained written approval from the secretary for, the
health facility's detailed closure plan. The closure plan must demonstrate that
the health facility will maintain and safeguard the health and safety of the
care recipients. Upon receipt of a facility closure plan, the secretary will
respond within 10 days to the facility with written notice of the secretary's
approval or rejection of the closure plan. At a minimum, the closure plan will
specify the facility's:
(1) Procedures and
arrangements to insure that the health facility's care recipients obtain, or
continue to receive, accessible, appropriate and affordable care; and
(2) The method of protecting all legal rights
of the care recipients as such rights are affected by the closure;
and
(3) Staffing; and
(4) Transfer planning and procedures with
respect to the care recipients, including the funds, accounts, and property of
the care recipients, medical and financial authorizations, and any other
relevant documents executed by or on behalf of the care recipient in the
possession of the health facility; and
(5) Other arrangements which the secretary
may specify for inclusion in the closure plan.
B.
No license. The health
facility is operated without such license as otherwise may be
required.
C.
Abandonment. The health facility is abandoned, care recipients of
the health facility are abandoned or constructively abandoned, or such
abandonment is imminent.
D.
Imminent danger. The health facility presents an imminent danger
of death or significant mental or physical harm to the care recipients of the
health facility. Such imminent danger may arise from:
(1) A single factor, or combination of
factors, adversely affecting the health or safety of the facility's care
recipients; or
(2) A physical
condition of a service location for the health facility's care recipients;
or
(3) A practice or method of
operation of the health facility.
Notes
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No prior version found.