0001| SENATE BILL 1237 | 0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0003| INTRODUCED BY | 0004| MICHAEL S. SANCHEZ | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO LONG-TERM CARE; AMENDING THE LONG-TERM CARE | 0012| OMBUDSMAN ACT. | 0013| | 0014| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0015| Section 1. Section 28-17-3 NMSA 1978 (being Laws 1989, | 0016| Chapter 208, Section 3) is amended to read: | 0017| "28-17-3. DEFINITIONS.--As used in the Long-Term Care | 0018| Ombudsman Act: | 0019| A. "adult protective services" means the [human | 0020| services] children, youth and families department pursuant | 0021| to the Adult Protective Services Act; | 0022| B. "agency" means the state agency on aging; | 0023| C. "care" means assistance with the activities of | 0024| daily living, including eating, dressing, oral hygiene, | 0025| bathing, mobility, toileting, grooming, taking medications, | 0001| transferring from a bed or chair and walking; | 0002| [C.] D. "director" means the director of the | 0003| state agency on aging; | 0004| [D.] E. "licensing and certification" means the | 0005| licensing and certification bureau of the public health | 0006| division of the department of health [and environment | 0007| department]; | 0008| [E.] F. "long-term care facility" means any | 0009| residential facility that provides care to one or more persons | 0010| unrelated to the owner or operator of the facility for more | 0011| than twenty-four hours, including: | 0012| (1) a skilled nursing facility; | 0013| (2) an intermediate care nursing facility; | 0014| [(3) intermediate care facility for the | 0015| mentally retarded; | 0016| (4)] (3) a nursing facility; | 0017| [(5)] (4) an adult residential shelter | 0018| care home; | 0019| [(6)] (5) a boarding home; | 0020| [(7)] (6) any other adult care home or | 0021| adult residential care facility; | 0022| [(8)] (7) a continuing care community; | 0023| [(9)] (8) any swing bed in an acute care | 0024| facility or extended care facility; and | 0025| [(10)] (9) any adult day [health] care | 0001| facility; | 0002| [F.] G. "office" means the office of the state | 0003| long-term care ombudsman; | 0004| [G.] H. "Older Americans Act" means the federal | 0005| Older Americans Act; | 0006| [H. "older individual" means any individual who is | 0007| sixty years of age or older;] | 0008| I. "ombudsman" means an individual trained and | 0009| certified to act as a representative of the office of the state | 0010| long-term care ombudsman; | 0011| J. "ombudsman coordinator" means the coordinator of | 0012| a regional or local ombudsman program designated by the office | 0013| of the state ombudsman; [and] | 0014| K. "program" means the New Mexico long-term care | 0015| ombudsman program; and | 0016| [K.] L. "state ombudsman" means the state long- | 0017| term care ombudsman." | 0018| Section 2. Section 28-17-4 NMSA 1978 (being Laws 1989, | 0019| Chapter 208, Section 4) is amended to read: | 0020| "28-17-4. ESTABLISHMENT OF THE OFFICE OF THE STATE LONG- | 0021| TERM CARE OMBUDSMAN--GENERAL DUTIES OF THE OFFICE.-- | 0022| A. Pursuant to the Older Americans Act, the agency | 0023| shall establish and operate [either directly or by contract or | 0024| other arrangement] an "office of the state long-term care | 0025| ombudsman" either directly or by contract or other arrangement | 0001| with any public agency or nonprofit private organization; | 0002| except that no contract or arrangement may be made with any | 0003| entity that is responsible for licensing or certifying long- | 0004| term care services or an association or association affiliate | 0005| of long-term care facilities or of any other residential | 0006| facilities. | 0007| [B. The director shall designate the state | 0008| ombudsman. | 0009| C.] B. The office shall [carry out a long-term | 0010| care ombudsman program to] be directed by the state long-term | 0011| care ombudsman, who shall be an individual with expertise and | 0012| experience in the fields of long-term care and advocacy. | 0013| [(1) investigate and resolve complaints made | 0014| by or on behalf of older individuals who are patients, | 0015| residents or clients of long-term care facilities relating to | 0016| action, inaction or decisions of providers, or their | 0017| representatives, of long-term care services, of public agencies | 0018| or of social service agencies which may adversely affect the | 0019| health, safety, welfare or rights of such residents; | 0020| (2) provide for the training of staff and | 0021| volunteers and promote the development of citizen organizations | 0022| to participate in the ombudsman program; | 0023| (3) analyze and monitor the development and | 0024| implementation of federal, state and local laws, regulations | 0025| and policies with respect to long-term care facilities and | 0001| services and recommend any changes in such laws, regulations | 0002| and policies deemed by the office to be appropriate; | 0003| (4) establish a statewide uniform reporting | 0004| system to collect and analyze data relating to complaints and | 0005| conditions in long-term care facilities for the purpose of | 0006| identifying and resolving significant problems. Such data | 0007| shall be submitted to state licensing and certification at | 0008| least on an annual basis; | 0009| (5) prepare an annual report for the director | 0010| containing data and findings regarding the types of problems | 0011| experienced and complaints received by or on behalf of | 0012| individuals residing in long-term care facilities and provide | 0013| policy, regulatory and legislative recommendations to solve | 0014| such problems, resolve such complaints and improve the quality | 0015| of care and life in long-term care facilities; | 0016| (6) provide information to public agencies, | 0017| legislators and others, as deemed necessary by the office, | 0018| regarding the problems and concerns, including recommendations | 0019| related to such problems and concerns, of older individuals | 0020| residing in long-term care facilities; and | 0021| (7) coordinate ombudsman services with the | 0022| protection and advocacy systems for individuals with | 0023| developmental disabilities and mental illness.] | 0024| C. The ombudsman shall serve on a full-time basis, | 0025| and shall, personally or through representatives of the office: | 0001| (1) identify, investigate and resolve | 0002| complaints that are made by, or on behalf of, residents and | 0003| that relate to action, inaction or decisions that may adversely | 0004| affect the health, safety, welfare or rights of the residents, | 0005| including the welfare and rights of the residents with respect | 0006| to the appointment and activities of guardians and | 0007| representative payees, of: | 0008| (a) providers, or representatives of | 0009| providers, of long-term care services; | 0010| (b) public agencies; or | 0011| (c) health and social service agencies; | 0012| (2) provide services to assist the residents | 0013| in protecting the health, safety, welfare and rights of the | 0014| residents; | 0015| (3) inform the residents about means of | 0016| obtaining services; | 0017| (4) ensure that the residents have regular and | 0018| timely access to the services provided through the office and | 0019| that the residents and complainants receive timely responses | 0020| from representatives of the office; | 0021| (5) represent the interests of the residents | 0022| before governmental agencies and seek administrative, legal and | 0023| other remedies on behalf of residents to protect the health, | 0024| safety, welfare and rights of the residents; | 0025| (6) provide administrative and technical | 0001| assistance to designated regional and local ombudsman programs | 0002| and assist the programs in participating in the program; | 0003| (7) analyze, comment on and monitor the | 0004| development and implementation of federal, state and local | 0005| laws, regulations and other governmental policies and actions | 0006| that pertain to the health, safety, welfare and rights of the | 0007| residents, with respect to the adequacy of long-term care | 0008| facilities and services in the state and recommend any changes | 0009| in such laws, regulations, policies and actions as the office | 0010| determines to be appropriate; and facilitate public comment on | 0011| the laws, regulations, policies and actions; | 0012| (8) provide for training representatives of | 0013| the office, promote the development of citizen organizations to | 0014| participate in the program and provide technical support for | 0015| the development of resident and family councils to protect the | 0016| well-being and rights of residents; | 0017| (9) prepare an annual report: | 0018| (a) describing the activities carried | 0019| out by the office in the year for which the report is prepared; | 0020| (b) containing and analyzing the data | 0021| collected; | 0022| (c) evaluating the problems experienced | 0023| by, and the complaints made by or on behalf of, residents; | 0024| (d) containing recommendations for | 0025| improving quality of the care and life of the residents, and | 0001| protecting the health, safety, welfare and rights of the | 0002| residents; | 0003| (e) analyzing the success of the | 0004| program, including success in providing services to residents | 0005| of board and care facilities and other similar adult care | 0006| facilities; | 0007| (f) identifying barriers that prevent | 0008| the optimal operation of the program; and | 0009| (g) providing policy, regulatory and | 0010| legislative recommendations to solve identified problems, to | 0011| resolve complaints, to improve the quality of care and life of | 0012| residents, to protect the health, safety, welfare and rights of | 0013| residents and to remove the barriers; | 0014| (10) coordinate ombudsman services with the | 0015| protection and advocacy systems for individuals with | 0016| developmental disabilities and mental illness; | 0017| (11) provide such information as the office | 0018| determines to be necessary to public and private agencies, | 0019| legislators and other persons regarding the problems and | 0020| concerns of older individuals residing in long-term care | 0021| facilities; and recommendations related to the problems and | 0022| concerns; and | 0023| (12) carry out such other activities as the | 0024| state ombudsman determines to be appropriate." | 0025| Section 3. Section 28-17-6 NMSA 1978 (being Laws 1989, | 0001| Chapter 208, Section 6) is amended to read: | 0002| "28-17-6. REGIONAL AND LOCAL LONG-TERM CARE OMBUDSMAN | 0003| PROGRAMS. [The director shall establish criteria that the | 0004| office shall use in designating a regional or local long-term | 0005| care ombudsman program. A program shall be designated by the | 0006| state ombudsman before it can provide ombudsman services. A | 0007| program may be provisionally approved to provide ombudsman | 0008| services pending designation by the state ombudsman. The | 0009| criteria shall include, but are not limited to, the following: | 0010| A. specifications regarding the location of the | 0011| program's offices; | 0012| B. requirements concerning the program's staffing, | 0013| training and review; and | 0014| C. requirements with regard to avoidance of | 0015| conflicts of interest.] A. In carrying out the duties of the | 0016| office, the state ombudsman may designate an entity as a | 0017| regional or local ombudsman entity, and may designate an | 0018| employee or volunteer to represent the entity. An individual | 0019| so designated shall, in accordance with the policies and | 0020| procedures established by the office and the agency: | 0021| (1) provide services to protect the health, | 0022| safety, welfare and rights of residents; | 0023| (2) ensure that residents in the service area | 0024| of the entity have regular, timely access to representatives of | 0025| the program and timely responses to complaints and requests for | 0001| assistance; | 0002| (3) identify, investigate and resolve | 0003| complaints made by or on behalf of residents that relate to | 0004| action, inaction or decisions that may adversely affect the | 0005| health, safety, welfare or rights of the residents; | 0006| (4) represent the interests of residents | 0007| before government agencies and seek administrative, legal and | 0008| other remedies to protect the health, safety, welfare and | 0009| rights of the residents; | 0010| (5) review and, if necessary, comment on any | 0011| existing and proposed laws, regulations and other government | 0012| policies and actions, that pertain to the rights and well-being | 0013| of residents; | 0014| (6) facilitate the ability of the public to | 0015| comment on the laws, regulations, policies and actions; | 0016| (7) support the development of resident and | 0017| family councils; and | 0018| (8) carry out other activities that the | 0019| ombudsman determines to be appropriate. | 0020| B. To be eligible to be designated as regional or | 0021| local ombudsman entities, and individuals eligible to be | 0022| designated as representatives of such entities, the entities | 0023| shall: | 0024| (1) have demonstrated capability to carry out | 0025| the responsibilities of the office; | 0001| (2) be free of conflicts of interest; | 0002| (3) in the case of the entities, be public or | 0003| nonprofit private entities; and | 0004| (4) meet such additional requirements as the | 0005| state ombudsman may specify." | 0006| Section 4. Section 28-17-9 NMSA 1978 (being Laws 1989, | 0007| Chapter 208, Section 9) is amended to read: | 0008| "28-17-9. REFERRALS.-- | 0009| A. When abuse, neglect or exploitation of a | 0010| patient, resident or client of a long-term care facility is | 0011| suspected, the office shall make a referral to adult protective | 0012| services and licensing and certification, where appropriate. | 0013| The office shall coordinate with adult protective services and | 0014| licensing and certification pursuant to any investigation of | 0015| abuse, neglect or exploitation undertaken by those agencies. | 0016| B. The following state agencies or boards shall | 0017| endeavor to give priority to any complaint referred to them by | 0018| the office: | 0019| (1) licensing and certification; | 0020| (2) the [human services] children, youth | 0021| and families department; | 0022| (3) the New Mexico board of medical examiners; | 0023| (4) the board of nursing; | 0024| (5) the [state] board of nursing home | 0025| administrators; or | 0001| (6) the board of pharmacy. | 0002| The office shall coordinate its efforts with those of any state | 0003| agency or board to which it makes investigation referrals. | 0004| C. Any state agency or board which responds to a | 0005| complaint against a long-term care facility or licensed | 0006| individual that was referred to the agency by the office shall | 0007| forward to the office copies of related inspection reports and | 0008| plans of correction, notice of any citations and sanctions | 0009| levied against the long-term care facility or the licensed | 0010| individual." | 0011| Section 5. Section 28-17-11 NMSA 1978 (being Laws 1989, | 0012| Chapter 208, Section 11) is amended to read: | 0013| "28-17-11. ACCESS TO AGENCY RECORDS.--Upon request, the | 0014| office shall have access to [any record] records of [a] | 0015| any state or local government agency, [which is] including | 0016| copies of all licensing and certification records relating to | 0017| long-term care facilities as necessary to carry out its | 0018| responsibilities under the Long-Term Care Ombudsman Act and | 0019| which [is otherwise] records are available to the patient, | 0020| resident or client, [and which does not violate] except for | 0021| records and information unavailable pursuant to Section 7-1-8 | 0022| NMSA 1978." | 0023| Section 6. Section 28-17-13 NMSA 1978 (being Laws 1989, | 0024| Chapter 208, Section 13) is amended to read: | 0025| "28-17-13. ACCESS TO RECORDS OF PATIENTS, [RESIDENT] | 0001| RESIDENTS OR CLIENTS.-- | 0002| A. In order for the office to carry out its | 0003| responsibilities under the Long-Term Care Ombudsman Act, the | 0004| office shall have access to the medical and personal records of | 0005| a patient, resident or client of a long-term care facility that | 0006| are retained by the facility. If the patient, resident or | 0007| client: | 0008| (1) has the ability to consent in writing, | 0009| access may only be obtained by the written consent of the | 0010| patient, resident or client; | 0011| (2) is unable to consent in writing, oral | 0012| consent may be given in the presence of a third party as | 0013| witness; | 0014| (3) [is under a New Mexico guardianship or | 0015| conservatorship that provides the guardian or conservator with | 0016| the authority] has a legally appointed surrogate decision | 0017| maker authorized to approve review of records, the office | 0018| shall obtain the permission of the [guardian or conservator] | 0019| surrogate decision maker for review of the records, unless | 0020| any of the following apply: | 0021| (a) the existence of the [guardianship | 0022| or conservatorship] surrogate decision maker is unknown to | 0023| the office or the facility; [or] | 0024| (b) the [guardian or conservator] | 0025| surrogate decision maker cannot be reached within five | 0001| working days; [and] or | 0002| (c) access to the records is necessary | 0003| to investigate a complaint and the surrogate decision maker | 0004| refuses to give the permission and a representative of the | 0005| office has reasonable cause to believe that the surrogate | 0006| decision maker is not acting in the best interests of the | 0007| resident; and | 0008| (4) is unable to express written or oral | 0009| consent and there is no [guardian or conservator] surrogate | 0010| decision maker or the notification of the [guardian or | 0011| conservator] surrogate decision maker is not applicable for | 0012| reasons set forth in Paragraph (3) of this subsection or the | 0013| patient, resident or client is deceased, inspection of records | 0014| may be made by employees of the office, ombudsman coordinators | 0015| and by ombudsmen approved by the ombudsman coordinator or the | 0016| state ombudsman. | 0017| B. Copies of records may be reproduced by the | 0018| office. If investigation of records is sought pursuant to this | 0019| section, the ombudsman shall upon request produce a statement | 0020| signed by the ombudsman coordinator or state ombudsman | 0021| authorizing the ombudsman to review the records. Facilities | 0022| providing copies of records pursuant to this section may charge | 0023| the office for the actual copying cost for each page copied. | 0024| C. Upon request by the office, a long-term care | 0025| facility shall provide to the office the name, address and | 0001| telephone number of the guardian, conservator, attorney-in- | 0002| fact, legal representative or next-of-kin of any patient, | 0003| resident or client and a copy of any document granting legal | 0004| decision-making power over a resident. | 0005| D. The long-term care facility and personnel who | 0006| disclose records pursuant to this section shall not be liable | 0007| for the disclosure. | 0008| E. The office shall establish procedures to protect | 0009| the confidentiality of records obtained pursuant to this | 0010| section." | 0011| Section 7. Section 28-17-14 NMSA 1978 (being Laws 1989, | 0012| Chapter 208, Section 14) is amended to read: | 0013| "28-17-14. CONFIDENTIALITY OF INFORMATION.-- | 0014| A. [Information relating to any complaint or | 0015| investigation made pursuant to this Act that discloses the | 0016| identities of complainants, patients, residents or clients | 0017| shall remain confidential except] The files and records of | 0018| the office may be disclosed only at the discretion of the state | 0019| ombudsman or person designated by him. The disclosure of the | 0020| identity of any complainant or resident about whom the office | 0021| maintains files or records is prohibited unless: | 0022| (1) [where disclosure is authorized in writing | 0023| by the complainant, patient, resident or client or the | 0024| individual's guardian or legal representative] the | 0025| complainant or resident or his legal representative consents in | 0001| writing to the disclosure; | 0002| (2) [where disclosure is necessary to an | 0003| investigation of abuse, neglect or exploitation and the | 0004| disclosure is made to adult protective services, licensing and | 0005| certification or the attorney general] the complainant or | 0006| resident gives oral consent that is documented immediately in | 0007| writing by a representative of the office; | 0008| (3) [where] disclosure is necessary for the | 0009| provision of ombudsman services to the patient, resident or | 0010| client and the patient, resident or client is unable to express | 0011| written or oral consent; or | 0012| (4) [upon court order] disclosure is ordered | 0013| by the court. | 0014| [B. Access to the records and files of the office | 0015| relating to any complaint or investigation made pursuant to the | 0016| Long-Term Care Ombudsman Act shall be permitted only at the | 0017| discretion of the state ombudsman or the ombudsman having | 0018| authority over disposition of such files, except that the | 0019| identity of any complainant, witness, patient, resident or | 0020| client shall not be disclosed by such ombudsman except: | 0021| (1) where disclosure is authorized in writing by | 0022| such complainant, witnesses, patient, resident or client or the | 0023| individual's guardian or legal representative; or | 0024| (2) upon court order. | 0025| C.] B. The director shall have access to the | 0001| records and files of the office to verify the effectiveness and | 0002| quality of the ombudsman program where the identity of any | 0003| complainant, witness, patient, resident or client is not | 0004| disclosed." | 0005| Section 8. Section 28-17-15 NMSA 1978 (being Laws 1989, | 0006| Chapter 208, Section 15) is amended to read: | 0007| "28-17-15. CONFLICT OF INTEREST.--The agency shall ensure | 0008| that: | 0009| A. no individual [involved in the designation of the | 0010| state ombudsman or the designation of the head of any regional | 0011| or local program has a pecuniary or other interest in a long- | 0012| term care facility] or a member of the immediate family of an | 0013| individual involved in the designation of the ombudsman or the | 0014| designation of a regional or local ombudsman is subject to a | 0015| conflict of interest; | 0016| B. no officer [employee or other representative of | 0017| the office has a pecuniary or other interest in a long-term | 0018| care facility; and] or employee of the office, ombudsman | 0019| coordinator or representative, or a member of their immediate | 0020| family, is subject to a conflict of interest; and | 0021| C. [mechanisms are in place to identify and remedy | 0022| all such or other similar conflicts] any ombudsman: | 0023| (1) does not have a direct involvement in the | 0024| licensing or certification of a long-term care facility or of a | 0025| provider of a long-term care service; | 0001| (2) does not have an ownership or investment | 0002| interest, represented by equity, debt or other financial | 0003| relationship, in a long-term care facility or a long-term care | 0004| service; | 0005| (3) is not employed by, or participating in the | 0006| management of, a long-term care facility; and | 0007| (4) does not receive, or have the right to | 0008| receive, directly or indirectly, remuneration in cash or in | 0009| kind under a compensation arrangement with an owner or operator | 0010| of a long-term care facility." | 0011| Section 9. Section 28-17-18 NMSA 1978 (being Laws 1989, | 0012| Chapter 208, Section 18) is amended to read: | 0013| "28-17-18. AVAILABILITY OF LEGAL COUNSEL.--The agency | 0014| shall ensure that: | 0015| A. adequate legal counsel is available [to the | 0016| office for advice and consultation and that legal | 0017| representation is provided to any representative of the office | 0018| against whom suit or other legal action is brought in | 0019| connection with the performance of the representative's | 0020| official duties] and is able, without conflict of interest, | 0021| to: | 0022| (1) provide advice and consultation needed to | 0023| protect the health, safety, welfare and rights to residents; | 0024| and | 0025| (2) assist the ombudsman and representatives of | 0001| the office in the performance of the official duties of the | 0002| ombudsman and representatives; | 0003| B. [the office has the ability to pursue | 0004| administrative, legal and other appropriate remedies on behalf | 0005| of patients, residents and clients of long-term care | 0006| facilities] representation is provided to any representative | 0007| of the office against whom suit or other legal action is | 0008| brought or threatened to be brought in connection with the | 0009| performance of the official duties of the ombudsman or such a | 0010| representative; and | 0011| C. the office pursues administrative, legal and other | 0012| appropriate remedies on behalf of residents." | 0013| Section 10. Section 28-17-19 NMSA 1978 (being Laws 1989, | 0014| Chapter 208, Section 19) is amended to read: | 0015| "28-17-19. INTERFERENCE WITH THE OFFICE AND RETALIATION | 0016| PROHIBITED--PENALTY--CIVIL.-- | 0017| A. No person shall willfully interfere with the | 0018| lawful actions of the office, including the request for | 0019| immediate entry into a long-term care facility. | 0020| B. No person shall institute discriminatory, | 0021| disciplinary or retaliatory action against any [officer or | 0022| employee of a long-term care facility or government agency or | 0023| against any patient, resident or client of a long-term care | 0024| facility or guardian or family member thereof for any | 0025| communication by him with the office or for any information | 0001| given or disclosed by him in good faith to aid the office in | 0002| carrying out its duties and responsibilities] resident, | 0003| employee or other person for filing a complaint, providing | 0004| information to or otherwise cooperating with any representative | 0005| of the office. | 0006| C. Any person [that] who violates Subsection A of | 0007| this section shall be subject to a civil penalty of up to [two | 0008| thousand five hundred dollars ($2,500)] five thousand dollars | 0009| ($5,000) per occurrence. Any person [that] who violates | 0010| Subsection B of this section shall be subject to a civil | 0011| penalty of up to [five thousand dollars ($5,000)] ten | 0012| thousand dollars ($10,000) per occurrence. The agency may | 0013| assess and collect the penalty after notice and an opportunity | 0014| for hearing, before a hearing officer designated by the agency | 0015| to hear the matter, upon a determination that a person | 0016| willfully interfered with the office or discriminated, dis- | 0017| | 0018| ciplined or retaliated against an individual who communicated | 0019| or disclosed information to the office in good faith pursuant | 0020| to Subsections A and B of this section. The hearing officer | 0021| has the power to administer oaths on request of any party and | 0022| issue subpoenas and subpoenas duces tecum. However, if the | 0023| violation is against a person covered by the Personnel Act, the | 0024| office shall refer the matter to the agency employing the | 0025| person for disciplinary action. | 0001| D. Any party may appeal to the court of appeals on | 0002| the record within thirty days after the final decision of the | 0003| agency." | 0004| Section 11. EFFECTIVE DATE.--The effective date of the | 0005| provisions of this act is July 1, 1997. | 0006|  | 0007| | 0008| FORTY-THIRD LEGISLATURE | 0009| FIRST SESSION, 1997 | 0010| | 0011| | 0012| March 6, 1997 | 0013| | 0014| Mr. President: | 0015| | 0016| Your CORPORATIONS & TRANSPORTATION COMMITTEE, to | 0017| whom has been referred | 0018| | 0019| SENATE BILL 1237 | 0020| | 0021| has had it under consideration and reports same with | 0022| recommendation that it DO PASS, and thence referred to the | 0023| JUDICIARY COMMITTEE. | 0024| | 0025| Respectfully submitted, | 0001| | 0002| | 0003| | 0004| | 0005| __________________________________ | 0006| Roman M. Maes, III, Chairman | 0007| | 0008| | 0009| | 0010| Adopted_______________________ Not | 0011| Adopted_______________________ | 0012| (Chief Clerk) (Chief Clerk) | 0013| | 0014| | 0015| Date ________________________ | 0016| | 0017| | 0018| The roll call vote was 8 For 0 Against | 0019| Yes: 8 | 0020| No: 0 | 0021| Excused: Griego, Robinson | 0022| Absent: None | 0023| | 0024| | 0025| S1237CT1 | 0001| | 0002| | 0003| | 0004| FORTY-THIRD LEGISLATURE SB 1237/a | 0005| FIRST SESSION, 1997 | 0006| | 0007| | 0008| March 10, 1997 | 0009| | 0010| Mr. President: | 0011| | 0012| Your JUDICIARY COMMITTEE, to whom has been referred | 0013| | 0014| SENATE BILL 1237 | 0015| | 0016| has had it under consideration and reports same with | 0017| recommendation that it DO PASS, amended as follows: | 0018| | 0019| 1. On page 3, line 14, strike "and". | 0020| | 0021| 2. On page 3, between lines 14 and 15, insert: | 0022| | 0023| "L. "resident" means any patient, client or person | 0024| residing in and receiving care in a long-term care facility;". | 0025| | 0001| 3. Reletter the succeeding subsection accordingly. | 0002| | 0003| 4. On page 3, line 16, strike the period and quotation mark | 0004| and insert "; and". | 0005| | 0006| 5. On page 3, between lines 16 and 17, insert: | 0007| | 0008| "N. "surrogate decision maker" means a legally appointed | 0009| agent, guardian or surrogate who is authorized to act on behalf | 0010| of a resident."". | 0011| | 0012| 6. On page 15, line 13, after "only" insert "for purposes | 0013| of fulfilling the duties of the office of the ombudsman pursuant | 0014| to Subsection C of Section 28-17-4 NMSA 1978". | 0015| | 0016| 7. On page 15, line 14, strike "disclosure of" and insert | 0017| "state ombudsman shall not disclose". | 0018| | 0019| 8. On page 15, line 16, strike "is prohibited". | 0020| | 0021| | 0022| | 0023| | 0024| | 0025| | 0001| | 0002| Respectfully submitted, | 0003| | 0004| | 0005| | 0006| | 0007| __________________________________ | 0008| Fernando R. Macias, 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 7 For 0 Against | 0021| Yes: 7 | 0022| No: 0 | 0023| Excused: Sanchez | 0024| Absent: None | 0025| | 0001| | 0002| S1237JU1 118673.1 | 0003| |