0001| AN ACT | 0002| RELATING TO HOSPITALS; PROVIDING FOR THE CONSOLIDATION OF LICENSE | 0003| APPLICATIONS FOR HOSPITALS OPERATING AS HOSPITAL-BASED PRIMARY CARE | 0004| CLINICS. | 0005| | 0006| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0007| Section 1. Section 24-1-5 NMSA 1978 (being Laws 1973, Chapter 359, Section 5, as | 0008| amended) is amended to read: | 0009| "24-1-5. LICENSURE OF HEALTH FACILITIES.-- | 0010| A. No health facility shall be operated without a license issued by the department. | 0011| If a health facility is found to be operating without a license, in order to protect human health or | 0012| safety the secretary may issue a cease-and-desist order. The health facility may request a hearing, | 0013| which shall be held in the manner provided in this section. The department may also proceed | 0014| pursuant to the Health Facility Receivership Act. | 0015| B. The department is authorized to make inspections and investigations and to | 0016| prescribe regulations it deems necessary or desirable to promote the health, safety and welfare of | 0017| persons using health facilities. | 0018| C. Except as provided in Subsection F of this section, upon receipt of an | 0019| application for a license to operate a health facility, the department shall promptly inspect the | 0020| health facility to determine if it is in compliance with all regulations of the department. | 0021| Applications for hospital licenses shall include evidence that the bylaws or regulations of the | 0022| hospital apply equally to osteopathic and medical physicians. The department shall consolidate | 0023| the applications and inspections for a hospital that also operates as a hospital-based primary care | 0024| clinic. | 0025| D. Upon inspection of any health facility, if the department finds any violation of | 0001| its regulations, it may deny the application for a license, whether initial or renewal, or it may | 0002| issue a temporary license. A temporary license shall not be issued for a period exceeding one | 0003| hundred twenty days, nor shall more than two consecutive temporary licenses be issued. | 0004| E. A one-year nontransferable license shall be issued to any health facility | 0005| complying with all regulations of the department. The license shall be renewable for successive | 0006| one-year periods, upon filing of a renewal application, if the department is satisfied that the | 0007| health facility is in compliance with all regulations of the department or, if not in compliance | 0008| with any regulation, has been granted a waiver or variance of that regulation by the department | 0009| pursuant to procedures, conditions and guidelines adopted by regulation of the department. | 0010| Licenses shall be posted in a conspicuous place on the licensed premises, except that child-care | 0011| centers that receive no state or federal funds may apply for and receive from the department a | 0012| waiver from the requirement that a license be posted or kept on the licensed premises. | 0013| F. Any health facility that has been inspected and licensed by the department and | 0014| that has received certification for participation in federal reimbursement programs and that has | 0015| been fully accredited by the joint commission on accreditation of health care organizations or the | 0016| American osteopathic association shall be granted a license renewal based on that accreditation. | 0017| Health facilities receiving less than full accreditation by the joint commission on the | 0018| accreditation of health care organizations or by the American osteopathic association may be | 0019| granted a license renewal based on such accreditation. License renewals shall be issued upon | 0020| application submitted by the facility upon forms prescribed by the department. This subsection | 0021| does not limit in any way the department's various duties and responsibilities under other | 0022| provisions of the Public Health Act or under any other subsection of this section, including any | 0023| of the department's responsibilities for the health and safety of the public. | 0024| G. The department may charge a reasonable fee not to exceed three dollars | 0025| ($3.00) per bed for an in-patient health facility or one hundred dollars ($100) for any other health | 0001| facility for each license application, whether initial or renewal, of an annual license or the second | 0002| consecutive issuance of a temporary license. Fees collected shall not be refundable. All fees | 0003| collected pursuant to licensure applications shall be deposited with the state treasurer for credit to | 0004| the general fund. | 0005| H. The department may revoke or suspend the license of any health facility or | 0006| may impose on any health facility any intermediate sanction and civil monetary penalty provided | 0007| in Section 24-1-5.2 NMSA 1978 after notice and an opportunity for a hearing before a hearing | 0008| officer designated by the department to hear the matter and, except for child-care centers and | 0009| facilities, may proceed pursuant to the Health Facility Receivership Act upon a determination | 0010| that the health facility is not in compliance with any regulation of the department. If immediate | 0011| action is required to protect human health and safety, the secretary may suspend any license or | 0012| impose any intermediate sanction pending a hearing, provided the hearing is held within five | 0013| working days of the suspension or imposition of the sanction, unless waived by the licensee, and, | 0014| except for child-care centers and facilities, may proceed ex parte pursuant to the Health Facility | 0015| Receivership Act. | 0016| I. The department shall schedule a hearing pursuant to Subsection H of this | 0017| section if the department receives a request for a hearing from a licensee: | 0018| (1) within ten working days after receipt by the licensee of notice of | 0019| suspension, revocation, imposition of an intermediate sanction or civil monetary penalty or | 0020| denial of an initial or renewal application; | 0021| (2) within four working days after receipt by the licensee of an emergency | 0022| suspension order or emergency intermediate sanction imposition and notice of hearing, if the | 0023| licensee wishes to waive the early hearing scheduled and request a hearing at a later date; or | 0024| (3) within five working days after receipt of a cease-and-desist order. | 0025| The department shall also provide timely notice to the licensee of the date, time and place | 0001| for the hearing, identity of the hearing officer, subject matter of the hearing and alleged | 0002| violations. | 0003| J. Any hearing held pursuant to provisions of this section shall be conducted in | 0004| accordance with adjudicatory hearing rules and procedures adopted by regulation of the | 0005| department. The licensee has the right to be represented by counsel, to present all relevant | 0006| evidence by means of witnesses and books, papers, documents, records, files and other evidence | 0007| and to examine all opposing witnesses who appear on any matter relevant to the issues. The | 0008| hearing officer has the power to administer oaths on request of any party and issue subpoenas and | 0009| subpoenas duces tecum prior to or after the commencement of the hearing to compel discovery | 0010| and the attendance of witnesses and the production of relevant books, papers, documents, | 0011| records, files and other evidence. Documents or records pertaining to abuse, neglect or | 0012| exploitation of a resident, client or patient of a health facility or other documents, records or files | 0013| in the custody of the human services department or the office of the state long-term care | 0014| ombudsman at the state agency on aging that are relevant to the alleged violations are | 0015| discoverable and admissible as evidence in any hearing. | 0016| K. Any party may appeal to the court of appeals on the record within thirty days | 0017| after the final decision of the department. The court shall set aside the final decision only if it is | 0018| found to be arbitrary, capricious or an abuse of discretion; not supported by substantial evidence | 0019| in the record; outside the authority of the department; or otherwise not in accordance with law. | 0020| L. Every complaint about a health facility received by the department pursuant to | 0021| this section shall be promptly investigated to substantiate the allegation and to take appropriate | 0022| action if substantiated. The department shall coordinate with the human services department, the | 0023| office of the state long-term care ombudsman at the state agency on aging and any other | 0024| appropriate agency to develop a joint protocol establishing responsibilities and procedures to | 0025| assure prompt investigation of complaints, including prompt and appropriate referrals and | 0001| necessary action regarding allegations of abuse, neglect or exploitation of residents, clients or | 0002| patients in a health facility. | 0003| M. Complaints received by the department pursuant to this section shall not be | 0004| disclosed publicly in such manner as to identify any individuals or health facilities if upon | 0005| investigation the complaint is unsubstantiated. | 0006| N. Notwithstanding any other provision of this section, where there are | 0007| reasonable grounds to believe that any child is in imminent danger of abuse or neglect while in | 0008| the care of a child-care facility, whether or not licensed, or upon the receipt of a report pursuant | 0009| to Section 32A-4-3 NMSA 1978, the department shall consult with the owner or operator of the | 0010| child-care facility. Upon a finding of probable cause, the department shall give the owner or | 0011| operator notice of its intent to suspend operation of the child-care facility and provide an | 0012| opportunity for a hearing to be held within three working days, unless waived by the owner or | 0013| operator. Within seven working days from the day of notice, the secretary shall make a decision, | 0014| and, if it is determined that any child is in imminent danger of abuse or neglect in the child-care | 0015| facility, the secretary may suspend operation of the child-care facility for a period not in excess of | 0016| fifteen days. Prior to the date of the hearing, the department shall make a reasonable effort to | 0017| notify the parents of children in the child-care facility of the notice and opportunity for hearing | 0018| given to the owner or operator. | 0019| O. Nothing contained in this section or in the Public Health Act shall | 0020| authorize either the secretary or the department to make any inspection or investigation or | 0021| to prescribe any regulations concerning group homes as defined in Section 9-8-13 NMSA | 0022| 1978 except as are reasonably necessary or desirable to promote the health and safety of | 0023| persons using group homes." |