0001| AN ACT | 0002| RELATING TO HEALTH FACILITIES; INCREASING FEES; CREATING A FUND; | 0003| AMENDING AND ENACTING SECTIONS OF THE PUBLIC HEALTH ACT; MAKING AN | 0004| APPROPRIATION. | 0005| | 0006| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0007| Section 1. Section 24-1-1 NMSA 1978 (being Laws 1973, Chapter 359, Section 1) is | 0008| amended to read: | 0009| "24-1-1. SHORT TITLE.--Chapter 24, Article 1 NMSA 1978 may be cited as the "Public | 0010| Health Act"." | 0011| Section 2. Section 24-1-5 NMSA 1978 (being Laws 1973, Chapter 359, Section 5, as | 0012| amended) is amended to read: | 0013| "24-1-5. LICENSURE OF HEALTH FACILITIES.-- | 0014| A. No health facility shall be operated without a license issued by the department. | 0015| If a health facility is found to be operating without a license, in order to protect human health or | 0016| safety the secretary may issue a cease and desist order. The health facility may request a hearing, | 0017| which shall be held in the manner provided in this section. The department may also proceed | 0018| pursuant to the Health Facility Receivership Act. | 0019| B. The department is authorized to make annual inspections and investigations | 0020| and to prescribe regulations it deems necessary or desirable to promote the health, safety and | 0021| welfare of persons using health facilities. | 0022| C. Except as provided in Subsection F of this section, upon receipt of an | 0023| application for a license to operate a health facility, the department shall promptly inspect the | 0024| health facility to determine if it is in compliance with all regulations of the department. | 0025| Applications for hospital licenses shall include evidence that the bylaws or regulations of the | 0001| hospital apply equally to osteopathic and medical physicians. | 0002| D. Upon inspection of any health facility, if the department finds any violation of | 0003| its regulations, it may deny the application for a license, whether initial or renewal, or it may | 0004| issue a temporary license. A temporary license shall not be issued for a period exceeding one | 0005| hundred twenty days, nor shall more than two consecutive temporary licenses be issued. | 0006| E. A one-year nontransferable license shall be issued to any health facility | 0007| complying with all regulations of the department. The license shall be renewable for successive | 0008| one-year periods, upon filing of a renewal application, if the department is satisfied that the | 0009| health facility is in compliance with all regulations of the department or, if not in compliance | 0010| with any regulation, has been granted a waiver or variance of that regulation by the department | 0011| pursuant to procedures, conditions and guidelines adopted by regulation of the department. | 0012| Licenses shall be posted in a conspicuous place on the licensed premises, except that child-care | 0013| centers that receive no state or federal funds may apply for and receive from the department a | 0014| waiver from the requirement that a license be posted or kept on the licensed premises. | 0015| F. Any health facility that has been inspected and licensed by the department and | 0016| that has received certification for participation in federal reimbursement programs and that has | 0017| been fully accredited by the joint commission on accreditation of health care organizations or the | 0018| American osteopathic association shall be granted a license renewal based on that accreditation. | 0019| Health facilities receiving less than full accreditation by the joint commission on the | 0020| accreditation of health care organizations or by the American osteopathic association may be | 0021| granted a license renewal based on such accreditation. License renewals shall be issued upon | 0022| application submitted by the facility upon forms prescribed by the department. This subsection | 0023| does not limit in any way the department's various duties and responsibilities under other | 0024| provisions of the Public Health Act or under any other subsection of this section, including any | 0025| of the department's responsibilities for the health and safety of the public. | 0001| G. The department may charge a reasonable fee based on a health facility's type | 0002| and size, not to exceed five hundred dollars ($500) for a health facility for each license | 0003| application, whether initial or renewal, of an annual license or the second consecutive issuance of | 0004| a temporary license. In addition to the license fee applicable to all health facilities, the | 0005| department may include an additional charge for each inpatient bed, surgical suite in the case of | 0006| ambulatory care facilities or station in the case of dialysis facilities. The fee shall not exceed | 0007| eight dollars ($8.00) per bed or fifty dollars ($50.00) per surgical suite or dialysis station. Fees | 0008| collected shall not be refundable. All fees collected pursuant to licensure applications shall be | 0009| deposited with the state treasurer for credit to the health facility license fund. No monies from | 0010| penalties, sanctions, gifts, grants or donations shall be deposited to such fund. | 0011| H. The department may revoke or suspend the license of any health facility or | 0012| may impose on any health facility any intermediate sanction and civil monetary penalty provided | 0013| in Section 24-1-5.2 NMSA 1978 after notice and an opportunity for a hearing before a hearing | 0014| officer designated by the department to hear the matter and, except for child-care centers and | 0015| facilities, may proceed pursuant to the Health Facility Receivership Act upon a determination | 0016| that the health facility is not in compliance with any regulation of the department. If immediate | 0017| action is required to protect human health and safety, the secretary may suspend any license or | 0018| impose any intermediate sanction pending a hearing, provided the hearing is held within five | 0019| working days of the suspension or imposition of the sanction, unless waived by the licensee, and, | 0020| except for child-care centers and facilities, may proceed ex parte pursuant to the Health Facility | 0021| Receivership Act. | 0022| I. The department shall schedule a hearing pursuant to Subsection H of this | 0023| section if the department receives a request for a hearing from a licensee: | 0024| (1) within ten working days after receipt by the licensee of notice of | 0025| suspension, revocation, imposition of an intermediate sanction or civil monetary penalty or | 0001| denial of an initial or renewal application; | 0002| (2) within four working days after receipt by the licensee of an emergency | 0003| suspension order or emergency intermediate sanction imposition and notice of hearing, if the | 0004| licensee wishes to waive the early hearing scheduled and request a hearing at a later date; or | 0005| (3) within five working days after receipt of a cease and desist order. | 0006| J. The department shall provide timely notice to the licensee of the date, time and | 0007| place for the hearing, identity of the hearing officer, subject matter of the hearing and alleged | 0008| violations. | 0009| K. Any hearing held pursuant to provisions of this section shall be conducted in | 0010| accordance with adjudicatory hearing rules and procedures adopted by regulation of the | 0011| department. The licensee has the right to be represented by counsel, to present all relevant | 0012| evidence by means of witnesses and books, papers, documents, records, files and other evidence | 0013| and to examine all opposing witnesses who appear on any matter relevant to the issues. The | 0014| hearing officer has the power to administer oaths on request of any party and issue subpoenas and | 0015| subpoenas duces tecum prior to or after the commencement of the hearing to compel discovery | 0016| and the attendance of witnesses and the production of relevant books, papers, documents, | 0017| records, files and other evidence. Documents or records pertaining to abuse, neglect or | 0018| exploitation of a resident, client or patient of a health facility or other documents, records or files | 0019| in the custody of the human services department or the office of the state long-term care | 0020| ombudsman at the state agency on aging that are relevant to the alleged violations are | 0021| discoverable and admissible as evidence in any hearing. | 0022| L. Any party may appeal to the court of appeals on the record within thirty days | 0023| after the final decision of the department. The court shall set aside the final decision only if it is | 0024| found to be arbitrary, capricious or an abuse of discretion; not supported by substantial evidence | 0025| in the record; outside the authority of the department; or otherwise not in accordance with law. | 0001| M. Every complaint about a health facility received by the department pursuant to | 0002| this section shall be promptly investigated to substantiate the allegation and to take appropriate | 0003| action if substantiated. The department shall coordinate with the human services department, the | 0004| office of the state long-term care ombudsman at the state agency on aging and any other | 0005| appropriate agency to develop a joint protocol establishing responsibilities and procedures to | 0006| assure prompt investigation of complaints, including prompt and appropriate referrals and | 0007| necessary action regarding allegations of abuse, neglect or exploitation of residents, clients or | 0008| patients in a health facility. | 0009| N. Complaints received by the department pursuant to this section shall not be | 0010| disclosed publicly in such manner as to identify any individuals or health facilities if upon | 0011| investigation the complaint is unsubstantiated. | 0012| O. Notwithstanding any other provision of this section, where there are | 0013| reasonable grounds to believe that any child is in imminent danger of abuse or neglect while in | 0014| the care of a child-care facility, whether or not licensed, or upon the receipt of a report pursuant | 0015| to Section 32A-4-3 NMSA 1978, the department shall consult with the owner or operator of the | 0016| child-care facility. Upon a finding of probable cause, the department shall give the owner or | 0017| operator notice of its intent to suspend operation of the facility and provide an opportunity for a | 0018| hearing to be held within three working days, unless waived by the owner or operator. Within | 0019| seven working days from the day of notice, the secretary shall make a decision, and, if it is | 0020| determined that any child is in imminent danger of abuse or neglect in the child-care facility, the | 0021| secretary may suspend operation of the facility for a period not in excess of fifteen days. Prior to | 0022| the date of the hearing, the department shall make a reasonable effort to notify the parents of | 0023| children in the child-care facility of the notice and opportunity for hearing given to the owner or | 0024| operator. | 0025| P. Nothing contained in this section or in the Public Health Act shall authorize | 0001| either the secretary or the department to make any inspection or investigation or to prescribe any | 0002| regulations concerning group homes as defined in Section 9-8-13 NMSA 1978 except as are | 0003| reasonably necessary or desirable to promote the health and safety of persons using group homes. | 0004| Q. The department shall maintain a full and accurate account of costs incurred in | 0005| operating the health facility licensure program." | 0006| Section 3. A new Section 24-1-5.4 NMSA 1978 is enacted to read: | 0007| "24-1-5.4. HEALTH FACILITY LICENSE FUND.--The "health facility license | 0008| fund" is created in the state treasury. The fund shall consist of appropriations, health | 0009| facility license fees. Money in the fund shall not revert to the general fund at the end of | 0010| any fiscal year. Expenditures from the fund are subject to annual appropriation by the | 0011| legislature for costs of the department in performing its health facility licensure | 0012| responsibilities. Disbursements from the fund shall be made on warrant drawn by the | 0013| secretary of finance and administration pursuant to vouchers signed by the secretary of | 0014| health or his designee." |