0001| SENATE BILL 718
|
0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
|
0003| INTRODUCED BY
|
0004| SUE F. WILSON
|
0005|
|
0006|
|
0007|
|
0008|
|
0009|
|
0010| AN ACT
|
0011| RELATING TO HEALTH FACILITIES; PROVIDING FOR THE DEVELOPMENT OF
|
0012| CRITERIA FOR INSPECTION; INCREASING FEES; CREATING A FUND;
|
0013| AMENDING AND ENACTING SECTIONS OF THE PUBLIC HEALTH ACT; MAKING
|
0014| AN APPROPRIATION.
|
0015|
|
0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
|
0017| Section 1. Section 24-1-1 NMSA 1978 (being Laws 1973,
|
0018| Chapter 359, Section 1) is amended to read:
|
0019| "24-1-1. SHORT TITLE. [Sections 1 through 22 of this
|
act] Chapter 24, Article 1 NMSA 1978 may be cited as the
|
0021| "Public Health Act"."
|
0022| Section 2. Section 24-1-5 NMSA 1978 (being Laws 1973,
|
0023| Chapter 359, Section 5, as amended) is amended to read:
|
0024| "24-1-5. LICENSURE OF HEALTH FACILITIES.--
|
0025| A. No health facility shall be operated without a
|
0001| license issued by the department. If a health facility is
|
0002| found to be operating without a license, in order to protect
|
0003| human health or safety the secretary may issue a cease and
|
0004| desist order. The health facility may request a hearing, which
|
0005| shall be held in the manner provided in this section. The
|
0006| department may also proceed pursuant to the Health Facility
|
0007| Receivership Act.
|
0008| B. The department is authorized to make inspections
|
0009| and investigations and to prescribe regulations it deems
|
0010| necessary or desirable to promote the health, safety and
|
0011| welfare of persons [utilizing] using health facilities.
|
0012| The department may develop risk-based criteria to determine
|
0013| the frequency of inspections. The annual license may be issued
|
0014| without an annual inspection for those health facilities that
|
0015| are determined to be low risk based on that criteria.
|
0016| C. Except as provided in Subsection F of this
|
0017| section, upon receipt of an application for a license to
|
0018| operate a health facility, the department shall promptly
|
0019| inspect the health facility to determine if it is in compliance
|
0020| with all regulations of the department. Applications for
|
0021| hospital licenses shall include evidence that the bylaws or
|
0022| regulations of the hospital apply equally to osteopathic and
|
0023| medical physicians.
|
0024| D. Upon inspection of any health facility, if the
|
0025| department finds any violation of its regulations, it may deny
|
0001| the application for a license, whether initial or renewal, or
|
0002| it may issue a temporary license. A temporary license shall
|
0003| not be issued for a period exceeding one hundred twenty days,
|
0004| nor shall more than two consecutive temporary licenses be
|
0005| issued.
|
0006| E. A one-year nontransferable license shall be
|
0007| issued to any health facility complying with all regulations of
|
0008| the department. The license shall be renewable for successive
|
0009| one-year periods, upon filing of a renewal application, if the
|
0010| department is satisfied that the health facility is in
|
0011| compliance with all regulations of the department or, if not in
|
0012| compliance with any regulation, has been granted a waiver or
|
0013| variance of that regulation by the department pursuant to
|
0014| procedures, conditions and guidelines adopted by regulation of
|
0015| the department. Licenses shall be posted in a conspicuous
|
0016| place on the licensed premises, except that child-care centers
|
0017| that receive no state or federal funds may apply for and
|
0018| receive from the department a waiver from the requirement that
|
0019| a license be posted or kept on the licensed premises.
|
0020| F. Any health facility that has been inspected and
|
0021| licensed by the department and that has received certification
|
0022| for participation in federal reimbursement programs and that
|
0023| has been fully accredited by the joint commission on
|
0024| accreditation of health care organizations or the American
|
0025| osteopathic association shall be granted a license renewal
|
0001| based on that accreditation. Health facilities receiving less
|
0002| than full accreditation by the joint commission on the
|
0003| accreditation of health care organizations or by the American
|
0004| osteopathic association may be granted a license renewal based
|
0005| on such accreditation. License renewals shall be issued upon
|
0006| application submitted by the facility upon forms prescribed by
|
0007| the department. This subsection does not limit in any way the
|
0008| department's various duties and responsibilities under other
|
0009| provisions of the Public Health Act or under any other
|
0010| subsection of this section, including any of the department's
|
0011| responsibilities for the health and safety of the public.
|
0012| G. The department may charge a reasonable fee not
|
0013| to exceed [three dollars ($3.00) per bed for an in-patient
|
health facility or one hundred dollars ($100) for any other]
|
0015| five hundred dollars ($500) for a health facility for each
|
0016| license application, whether initial or renewal, of an annual
|
0017| license or the second consecutive issuance of a temporary
|
0018| license. In addition to the license fee applicable to all
|
0019| health facilities, the department may include an additional
|
0020| charge for each inpatient bed, surgical suite in the case of
|
0021| ambulatory care facilities or station in the case of dialysis
|
0022| facilities. The fee shall not exceed eight dollars ($8.00) per
|
0023| bed or fifty dollars ($50.00) per surgical suite or dialysis
|
0024| station. Fees collected shall not be refundable. All fees
|
0025| collected pursuant to licensure applications shall be deposited
|
0001| with the state treasurer for credit to the [general] health
|
0002| facility license fund.
|
0003| H. The department may revoke or suspend the license
|
0004| of any health facility or may impose on any health facility any
|
0005| intermediate sanction and civil monetary penalty provided in
|
0006| Section 24-1-5.2 NMSA 1978 after notice and an opportunity for
|
0007| a hearing before a hearing officer designated by the department
|
0008| to hear the matter and, except for child-care centers and
|
0009| facilities, may proceed pursuant to the Health Facility
|
0010| Receivership Act upon a determination that the health facility
|
0011| is not in compliance with any regulation of the department. If
|
0012| immediate action is required to protect human health and
|
0013| safety, the [director] secretary may suspend any license or
|
0014| impose any intermediate sanction pending a hearing, provided
|
0015| the hearing is held within five working days of the suspension
|
0016| or imposition of the sanction, unless waived by the licensee,
|
0017| and, except for child-care centers and facilities, may proceed
|
0018| ex parte pursuant to the Health Facility Receivership Act.
|
0019| I. The department shall schedule a hearing pursuant
|
0020| to Subsection H of this section if the department receives a
|
0021| request for a hearing from a licensee:
|
0022| (1) within ten working days after receipt by
|
0023| the licensee of notice of suspension, revocation, imposition of
|
0024| an intermediate sanction or civil monetary penalty or denial of
|
0025| an initial or renewal application;
|
0001| (2) within four working days after receipt by
|
0002| the licensee of an emergency suspension order or emergency
|
0003| intermediate sanction imposition and notice of hearing, if the
|
0004| licensee wishes to waive the early hearing scheduled and
|
0005| request a hearing at a later date; or
|
0006| (3) within five working days after receipt of
|
0007| a cease and desist order.
|
0008| J. The department shall [also] provide timely
|
0009| notice to the licensee of the date, time and place for the
|
0010| hearing, identity of the hearing officer, subject matter of the
|
0011| hearing and alleged violations.
|
0012| [J.] K. Any hearing [under] held pursuant to
|
0013| provisions of this section shall be conducted in accordance
|
0014| with adjudicatory hearing rules and procedures adopted by reg-
|
0015|
|
0016| ulation of the department. The licensee has the right to be
|
0017| represented by counsel, to present all relevant evidence by
|
0018| means of witnesses and books, papers, documents, records, files
|
0019| and other evidence and to examine all opposing witnesses who
|
0020| appear on any matter relevant to the issues. The hearing
|
0021| officer has the power to administer oaths on request of any
|
0022| party and issue subpoenas and subpoenas duces tecum prior to or
|
0023| after the commencement of the hearing to compel discovery and
|
0024| the attendance of witnesses and the production of relevant
|
0025| books, papers, documents, records, files and other evidence.
|
0001| Documents or records pertaining to abuse, neglect or
|
0002| exploitation of a resident, client or patient of a health
|
0003| facility or other documents, records or files in the custody of
|
0004| the human services department or the office of the state long-
|
0005| term care ombudsman at the state agency on aging that are
|
0006| relevant to the alleged violations are discoverable and
|
0007| admissible as evidence in any hearing.
|
0008| [K.] L. Any party may appeal to the court of
|
0009| appeals on the record within thirty days after the final deci-
|
0010|
|
0011| sion of the department. The court shall set aside the final
|
0012| decision only if it is found to be arbitrary, capricious or an
|
0013| abuse of discretion; not supported by substantial evidence in
|
0014| the record; outside the authority of the department; or
|
0015| otherwise not in accordance with law.
|
0016| [L.] M. Every complaint about a health facility
|
0017| received by the department pursuant to this section shall be
|
0018| promptly investigated to substantiate the allegation and to
|
0019| take appropriate action if substantiated. The department shall
|
0020| coordinate with the human services department, the office of
|
0021| the state long-term care ombudsman at the state agency on aging
|
0022| and any other appropriate agency to develop a joint protocol
|
0023| establishing responsibilities and procedures to assure prompt
|
0024| investigation of complaints, including prompt and appropriate
|
0025| referrals and necessary action regarding allegations of abuse,
|
0001| neglect or exploitation of residents, clients or patients in a
|
0002| health facility.
|
0003| [M.] N. Complaints received by the department
|
0004| pursuant to this section shall not be disclosed publicly in
|
0005| such manner as to identify any individuals or health facilities
|
0006| if upon investigation the complaint is unsubstantiated.
|
0007| [N.] O. Notwithstanding any other provision of
|
0008| this section, where there are reasonable grounds to believe
|
0009| that any child is in imminent danger of abuse or neglect while
|
0010| in the care of a child-care facility, whether or not licensed,
|
0011| or upon the receipt of a report pursuant to Section 32A-4-3
|
0012| NMSA 1978, the department shall consult with the owner or
|
0013| operator of the child-care facility. Upon a finding of
|
0014| probable cause, the department shall give the owner or operator
|
0015| notice of its intent to suspend operation of the facility and
|
0016| provide an opportunity for a hearing to be held within three
|
0017| working days, unless waived by the owner or operator. Within
|
0018| seven working days from the day of notice, the [director]
|
0019| secretary shall make a decision, and, if it is determined
|
0020| that any child is in imminent danger of abuse or neglect in the
|
0021| child-care facility, the [director] secretary may suspend
|
0022| operation of the facility for a period not in excess of fifteen
|
0023| days. Prior to the date of the hearing, the department shall
|
0024| make a reasonable effort to notify the parents of children in
|
0025| the child-care facility of the notice and opportunity for
|
0001| hearing given to the owner or operator.
|
0002| [O.] P. Nothing contained in this section or in
|
0003| the Public Health Act shall authorize either the secretary or
|
0004| the department to make any inspection or investigation or to
|
0005| prescribe any regulations concerning group homes as defined in
|
0006| Section 9-8-13 NMSA 1978 except as are reasonably necessary or
|
0007| desirable to promote the health and safety of persons
|
0008| [utilizing] using group homes.
|
0009| Q. The department shall maintain a full and
|
0010| accurate account of costs incurred in operating the health
|
0011| facility licensure program."
|
0012| Section 3. A new Section 24-1-5.4 NMSA 1978 is enacted to
|
0013| read:
|
0014| "24-1-5.4. [NEW MATERIAL] HEALTH FACILITY LICENSE
|
0015| FUND.--The "health facility license fund" is created in the
|
0016| state treasury. The fund shall consist of appropriations,
|
0017| health facility license fees, gifts, grants and donations.
|
0018| Money in the fund shall not revert to the general fund at the
|
0019| end of any fiscal year. Expenditures from the fund are subject
|
0020| to annual appropriation by the legislature for costs of the
|
0021| department in performing its health facility licensure
|
0022| responsibilities. Disbursements from the fund shall be made on
|
0023| warrant drawn by the secretary of finance and administration
|
0024| pursuant to vouchers signed by the secretary of health or his
|
0025| designee."
|
0001|
|
0002|
|
0003| FORTY-THIRD LEGISLATURE
|
0004| FIRST SESSION, 1997 SB 718/a
|
0005|
|
0006|
|
0007| March 5, 1997
|
0008| Mr. President:
|
0009|
|
0010| Your PUBLIC AFFAIRS COMMITTEE, to whom has been
|
0011| referred
|
0012|
|
0013| SENATE BILL 718
|
0014|
|
0015| has had it under consideration and reports same with
|
0016| recommendation that it DO PASS, amended as follows:
|
0017|
|
0018| 1. On page 1, lines 11 and 12, strike "PROVIDING FOR THE
|
0019| DEVELOPMENT OF CRITERIA FOR INSPECTION;".
|
0020|
|
0021| 2. On page 2, line 8, after "make" insert "annual".
|
0022|
|
0023| 3. On page 2, line 11, strike "The department" and strike
|
0024| lines 12 through 15.
|
0025|
|
0001| 4. On page 4, line 11, after "fee" insert "based on a
|
0002| health facility's type and size,".,
|
0003|
|
0004| and thence referred to the FINANCE COMMITTEE.
|
0005|
|
0006| Respectfully submitted,
|
0007|
|
0008|
|
0009|
|
0010|
|
0011| __________________________________
|
0012| Shannon Robinson, Chairman
|
0013|
|
0014| Adopted_______________________ Not
|
0015| Adopted_______________________
|
0016| (Chief Clerk) (Chief Clerk)
|
0017|
|
0018|
|
0019| Date ________________________
|
0020|
|
0021| The roll call vote was 5 For 0 Against
|
0022| Yes: 5
|
0023| No: 0
|
0024| Excused: Adair, Garcia, Vernon, Rodarte
|
0025| Absent: None
|
0001|
|
0002|
|
0003| S0718PA1 .117963.1/a
|
0004|
|
0005| FORTY-THIRD LEGISLATURE SB 718/a
|
0006| FIRST SESSION, 1997
|
0007|
|
0008|
|
0009| March 15, 1997
|
0010|
|
0011| Mr. President:
|
0012|
|
0013| Your FINANCE COMMITTEE, to whom has been referred
|
0014|
|
0015| SENATE BILL 718, as amended
|
0016|
|
0017| has had it under consideration and reports same with
|
0018| recommendation that it DO PASS, amended as follows:
|
0019|
|
0020| 1. On page 5, line 1, after "fund." insert "No monies from
|
0021| penalties, sanctions, gifts, grants or donations shall be
|
0022| deposited to such fund."
|
0023|
|
0024| 2. On page 9, line 13, after "fees" delete "gifts, grants
|
0025| and donations."
|
0001|
|
0002| Respectfully submitted,
|
0003|
|
0004|
|
0005|
|
0006|
|
0007| __________________________________
|
0008| Ben D. Altamirano, Chairman
|
0009|
|
0010|
|
0011|
|
0012| Adopted_______________________ Not
|
0013| Adopted_______________________
|
0014| (Chief Clerk) (Chief Clerk)
|
0015|
|
0016|
|
0017| Date ________________________
|
0018|
|
0019|
|
0020| The roll call vote was 6 For 0 Against
|
0021| Yes: 6
|
0022| No: None
|
0023| Excused: Aragon, Carraro, Ingle, Lyons, McKibben
|
0024| Absent: None
|
0025|
|
0001|
|
0002| S0718FC1
|
0003|
|
0004| State of New Mexico
|
0005| House of Representatives
|
0006|
|
0007| FORTY-THIRD LEGISLATURE
|
0008| FIRST SESSION, 1997
|
0009|
|
0010|
|
0011| March 21, 1997
|
0012|
|
0013|
|
0014| Mr. Speaker:
|
0015|
|
0016| Your LABOR AND HUMAN RESOURCES COMMITTEE, to whom
|
0017| has been referred
|
0018|
|
0019| SENATE BILL 718, as amended
|
0020|
|
0021| has had it under consideration and reports same with
|
0022| recommendation that it DO PASS, and thence referred to the
|
0023| APPROPRIATIONS AND FINANCE COMMITTEE.
|
0024|
|
0025| Respectfully submitted,
|
0001|
|
0002|
|
0003|
|
0004|
|
0005| Rick Miera, Chairman
|
0006|
|
0007|
|
0008| Adopted Not Adopted
|
0009|
|
0010| (Chief Clerk) (Chief Clerk)
|
0011|
|
0012| Date
|
0013|
|
0014| The roll call vote was 5 For 0 Against
|
0015| Yes: 5
|
0016| Excused: Foy, Gentry, Silva
|
0017| Absent: None
|
0018|
|
0019|
|
0020| G:\BILLTEXT\BILLW_97\S0718
|