New Mexico Register / Volume XXXV, Issue
22 / November 19, 2024
The New Mexico Health Care Authority Division of Health Improvement is finalizing repeal and replacement of the temporary emergency rule 8.370.3 NMAC Health Facility Licensing Fees and Procedures.
These regulations apply to any health facility as defined by Subsection D of 24-1-2 NMSA 1978, as amended, which is licensed or is required to be licensed, or any health facility which by federal regulations must be licensed to obtain or maintain federal funding. The purpose of these regulations is to set licensing fees for health facilities, add the ability to accept electronic payment of fees, update language, incorporate standardized rule language, correcting citation format. Fees are charged in order to partially defray the cost to the state of New Mexico of the licensing process, including the cost of on-site facility surveys by the licensing authority.
Specifically, the changes include:
8.370.3 NMAC
Repeal/replace
the expiring emergency rule to establish new update rule
to comply with federal regulations as well as NMAC rule requirements.
(Specifically, updated sections include: 7, 10, 11 & 12)
A public hearing to receive testimony on this proposed rule will be held on December 20, 2024, 11:00 a.m-12:00 p.m. The public hearing will be a Hybrid, via Zoom as well as in person, pursuant to Section 14-4-5.6 NMSA 1978.
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All written comment may be dropped off during the scheduled hearing time (see above) at the Division of Health Improvement offices, at the Hozho conference room #109, 5300 Homestead Rd. NE, Albuquerque NM 87110.
Individuals wishing to testify may contact the Division of Health Improvement (DHI), P.O. Box H, Santa Fe, NM 87504, or by calling (505) 476-9093.
Individuals who do not wish to
attend the hearing may submit written or recorded comments. Written or recorded comments must be received
by 5:00 p.m. on the date of the hearing, December 20, 2024. Please send comments to: Division of Health
Improvement P.O. Box H Santa Fe, NM 87504, Recorded comments may be left at
(505) 476-9093. You may send comments
electronically to: dhi.hearingrequest@doh.nm.gov. Written and recorded comments will be posted
to the agencys website within 3 days of receipt. All comments will be given the same
consideration as oral testimony made at the public hearing.
If you are a person with a disability and you require this information in an alternative format, or you require a special accommodation to participate in any HSD public hearing, program, or service, please contact the American Disabilities Act Coordinator, at Office-505-709-5468, Fax-505-827-6286 or through the New Mexico Relay system, toll free at #711. The Department requests at least a 10-day advance notice to provide requested alternative formats and special accommodations.
TITLE 8 SOCIAL SERVICES
CHAPTER 370 OVERSIGHT
OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS
PART 3 HEALTH FACILITY LICENSURE FEES
AND PROCEDURES
8.370.3.1 ISSUING AGENCY: New Mexico
Health Care Authority, Division of Health Improvement, Health Facility
Licensing and Certification Bureau.
[8.370.3.1 NMAC - Rp, 8.370.3.1 NMAC, 1/28/2025]
8.370.3.2 SCOPE: These
regulations apply to any health facility as defined by Subsection D of Section 24-1-2
NMSA 1978, as amended, which is licensed or is required to be licensed, or any
health facility which by federal regulations must be licensed to obtain or
maintain federal funding.
[8.370.3.2 NMAC - Rp, 8.370.3.2 NMAC, 1/28/2025]
8.370.3.3 STATUTORY
AUTHORITY: The regulations set forth herein have been
promulgated by the secretary of the New Mexico health care authority
(authority), pursuant to the general authority granted under Subsection E of
Section 9-8-6 of the Health Care Authority Act, NMSA 1978, as amended; and the
authority granted under Subsection D of Section 24A-1-2, Subsection I of
Section 24A-1-3, and Section 24A-1-5 of the Health Care Code, NMSA 1978, as
amended. Section 9-8-1 et seq. NMSA 1978 establishes the health care authority
as a single, unified department to administer laws and exercise functions
relating to health care purchasing and regulation.
[8.370.3.3 NMAC - Rp, 8.370.3.3 NMAC, 1/28/2025]
8.370.3.4 DURATION: Permanent.
[8.370.3.4 NMAC - Rp, 8.370.3.4 NMAC, 01/28/2025]
8.370.3.5 EFFECTIVE DATE: January 28,
2025, unless a later date is cited at the end of a section.
[8.370.3.5 NMAC - Rp, 8.370.3.5 NMAC, 1/28/2025]
8.370.3.6 OBJECTIVE: The purpose of
these regulations is to set licensing fees for health facilities. Fees are charged in order
to partially defray the cost to the state of New Mexico of the licensing
process, including the cost of on-site facility surveys by the licensing
authority.
[8.370.3.6 NMAC - Rp, 8.370.3.6 NMAC, 1/28/2025]
8.370.3.7 DEFINITIONS: For purposes
of these regulations the following shall apply:
A. Definitions beginning with A
(1) "amended license" means a license issued by the licensing authority to
reflect a non-substantive change which does not result in the voiding of the
original license, for example, a change in the name of the facility or a change
in the operator or administrator;
(2) "annual license" is a license granting permission to operate a
facility for the one-year period stated on the face of the document; the annual
license is issued on an initial and renewal basis following submission of an acceptable application for
license and survey of the facility;
(3) "application for license" means the forms,
attachments and other writings and drawings required by the licensing
authority, under the authority of the regulations listed in 8.370.3.14 NMAC, of
these regulations to be submitted for review by the licensing authority as part
of the process of granting or denying an annual license;
B. Definitions beginning with B: "bed" means an assembly for sleeping, whether
or not the bed is in actual use and for which "bed capacity"
the facility is licensed;
C. Definitions beginning with C
(1) "capacity" means the total number of persons or beds for which
the facility is licensed;
(2) certificate of compliance (COC)
&certificate of accreditation (COA) are all tests performed are moderate or high
complexity and must meet the non-waived requirements under 42 CFR part 493.
These laboratories are inspected every 2 years.
(3) certificate
for provider performed microscopy (PPMP) are tests performed under this certificate
type are limited to 9 tests using a light microscope and the tests categorized
as waived by the FDA. The microscopy tests are not waived because they require
training and skill. These tests may only be performed by a licensed Medical
Doctor, Doctor of Osteopathy, Dentist, Doctor of Podiatry, Physicians
Assistant or a Certified Nurse Practitioner. These tests must also be performed
during the patients visit. All
requirements for moderate complexity testing must be met.
(4) certificate of waiver are laboratories, such as
your physician office, performs simple tests cleared by the Food & Drug
Administration as waived. Most of these tests require samples that do not
require processing such as whole blood, throat swab, saliva or urine. These laboratories must follow all
instructions by the manufacturer
(5) "change of ownership" licenses are non-transferable;
a change of ownership licensure will follow the initial application and
licensure fee schedule process;
(6) clinical laboratory improvement
amendments (CLIA) of 1988 are United States Federal Regulatory standards
that apply to all clinical laboratory testing performed on humans in the United
States, except clinical trials and basic research.
D. Definitions beginning with D: "denial of the
license" means action by the
licensing authority refusing to grant an annual license on
the basis of non-compliance with applicable laws and regulations, and
specifically under these regulations, nonpayment of the prescribed fee;
E. Definitions beginning with E [RESERVED]
F. Definitions beginning with F
(1) "facility and health
facility" means any health
facility required to be licensed by the licensing authority by authority of the
Health Care Code, Sections 24A-1-1 et. seq. NMSA 1978, as amended, and the
regulations listed in 8.370.3.14 NMAC of these regulations;
(2) "facility inspections or survey
and inspection survey" means an
entry into a facility and examination of the facility premises, inspection of
records and interview of staff and clientele;
(3) for profit facility means a
facility whose primary goal is to earn a profit.
G. Definitions beginning with G
[RESERVED]
H. Definitions beginning with H
[RESERVED]
I. Definitions beginning with I
[RESERVED]
J. Definitions beginning with J
[RESERVED]
K. Definitions beginning with K [RESERVED]
L. Definitions beginning with L
(1) "license" means the document issued by the licensing authority
which authorizes the operation of a facility.
The term license may mean an annual license or a time-limited temporary
license;
(2) "licensing authority" means the division of health improvement of the New
Mexico department of health;
M. Definitions beginning with M [RESERVED]
N. Definitions beginning with N: non-profit facility means a facility that operates for charitable
or socially beneficial purposes rather than to make a profit.
O. Definitions beginning with O [RESERVED]
P. Definitions
beginning with P: private equity
facility is a healthcare
facility that has been purchased by a private equity firm or investment
management company using investor money and debt that provides financial
backing and makes investments in the private equity of startup or operating
companies through a variety of loosely affiliated investment strategies
including leveraged buyout, venture capital, and growth capital.
Q. Definitions
beginning with Q [RESERVED]
R. Definitions
beginning with R [RESERVED]
S. Definitions
beginning with S: state owned facility means a health facility licensed by the
division of health improvement which is owned by the state
T. Definitions
beginning with T: "temporary license" means a provisional license granting permission to
operate a facility for any period of time not to
exceed one hundred twenty (120) days; not more than two (2) consecutive
temporary licenses may be granted by the licensing authority.
[8.370.3.7 NMAC - Rp,
8.370.3.7 NMAC, 1/28/2025]
8.370.3.8 STANDARD OF COMPLIANCE: Strict
compliance is required of health facilities subject to these regulations. Payment of the licensing fee is a condition
precedent to licensure of the health facility by the licensing authority.
[8.370.3.8 NMAC - Rp, 8.370.3.8 NMAC, 1/28/2025]
8.370.3.9 BASIS: Licensing fees
for inpatient health facilities providing professional medical or nursing
services on a 24 hour basis are based upon a maximum fee per bed set by
statute. Licensing fees are based upon
the maximum fee for health facilities as set by statute.
[8.370.3.9 NMAC - Rp,
8.370.3.9 NMAC, 1/28/2025]
8.370.3.10 LICENSURE FEE SCHEDULE: Rates shall be
charged, as indicated in the fee schedule shown in this section, upon initial
and renewal application for an annual license and prior to issuance
of a second temporary license. The fee
for the first temporary license is included in the initial application fee.
This rule applies to both initial and renewal of
health facility licenses.
A. hospitals: general hospitals,
limited hospitals, childrens psychiatric hospitals, special hospitals to
include orthopedic, childrens, psychiatric, alcohol & drug abuse
treatment, rehabilitation, and other special hospital
as identified
|
Facility
Types: |
Rate Per
License |
Term limit |
|
Hospital bed rate |
$12.00 per bed |
Annually |
B. Assisted living facilities
|
Facility
Types: |
Rate Per
License |
Term limit |
|
Assisted living base assessment rate |
$300.00 |
Annually |
|
Facility
Types: |
Rate Per
License |
|
skilled nursing facilities |
$12.00
per bed |
|
intermediate care facilities |
$12.00
per bed |
|
intermediate care facilities for mentally retarded |
$12.00
per bed |
D. Outpatient health facilities:
|
Facility Types: |
Rate Per
License |
|
Health facilities providing outpatient medical
services |
$300.00 |
|
community mental
health centers |
$300.00 |
|
free standing hospice |
$300.00 |
|
home health
agency |
$300.00 |
|
diagnostic and treatment center |
$300.00 |
|
limited diagnostic and treatment center |
$300.00 |
|
rural health
clinic |
$300.00 |
|
Infirmary |
$300.00 |
|
new or innovative clinic |
$300.00 |
|
ambulatory surgical center |
$300.00 |
E. Other health facilities
|
Facility Types: |
Rate Per License |
|
Facilities providing services for end stage renal
disease |
$300.00 |
|
services for end state
renal disease |
$300.00 |
|
renal transplantation center |
$300.00 |
|
renal dialysis center |
$300.00 |
|
renal dialysis facility |
$300.00 |
|
self dialysis unit |
$300.00 |
|
special purpose renal dialysis facility |
$300.00 |
|
In home
and inpatient hospice care |
$300.00 |
|
Home health
agencies |
$300.00 |
|
Rural
emergency hospital |
$300.00 |
|
Freestanding
birth centers |
$300.00 |
|
Adult accredited residential treatment center |
$600.00 bi-annually + $25 per bed |
|
Boarding homes |
$300.00 |
F. Adult Day Care: Facilities providing adult day care and
services for less than 24 hours a day for three or more clients in accordance
with 8.370.20 NMAC
|
Facility Types: |
Rate Per License |
|
Adult day care facilities |
$300.00 |
[8.370.3.10 NMAC - Rp, 8.370.3.10 NMAC, 1/28/2025]
8.370.3.11 FEES
FOR AMENDED LICENSES: The licensing fee for each amended license
issued shall be $300.00 as follows:
|
Amendment Type: |
Amended License Fee: |
|
Change of administrator or director |
$300.00 |
|
Change of capacity (additional $25.00 per bed if fee
is rate per bed) |
$300.00 |
|
Change of facility name |
$300.00 |
|
Change of physical address |
$300.00 |
[8.370.3.11 NMAC - Rp, 8.370.3.11 NMAC, 1/28/2025]
8.370.3.12 METHOD
OF PAYMENT FOR LICENSE FEES: All
applications for license and requests for amended license shall be accompanied
by the prescribed fee in the form of a check or money order or state approved
electronic payment process payable to the State of New Mexico or the health
care authority.
[8.370.3.12 NMAC - Rp, 8.370.3.12 NMAC, 1/28/2025]
8.370.3.13 NON-REFUNDABLE
PRE-PAYMENT OF FEES: All fees are
prepaid and are not refundable.
[8.370.3.13 NMAC - Rp/E, 8.370.3.13 NMAC, 1/28/2025]
8.370.3.14 RELATED
REGULATIONS: The following is a list
of regulations regarding licensure of health facilities within the jurisdiction
of the licensing authority.
A. Requirements for acute care, limited
services and special hospitals, New Mexico health care authority, 8.370.12
NMAC.
B. Requirements for long term care
facilities, New Mexico health care authority, 8.370.16 NMAC
C. Requirements for facilities
providing outpatient medical services and infirmaries, New Mexico health care
authority, 8.370.18 NMAC.
D. Requirements for in-home and
inpatient hospice care, New Mexico health care authority, 8.370.19 NMAC
E. Requirements for adult day care
facilities, New Mexico health care authority, 8.370.20 NMAC.
F. Requirements for intermediate care
facilities for the mentally retarded, New Mexico health care authority, 8.371.2
NMAC.
G. Requirements for end stage renal
disease facilities, New Mexico health care authority, 8.370.24 NMAC.
H. Requirements for assisted living
facilities for Adults, New Mexico health care authority, 8.370.14 NMAC.
I. Requirements for home health
agencies, New Mexico health care authority, 8.370.22 NMAC.
J. Requirements for rural emergency
hospitals, New Mexico health care authority, 8.370.13 NMAC.
K. Requirements for boarding homes, New
Mexico health care authority, 8.370.15 NMAC.
L. Requirements for clinical laboratory
improvement amendments, 42 CFR, Part 493, New Mexico health care authority.
M. Requirements for community mental
health centers, New Mexico health care authority, 8.321.6 NMAC
N. Requirements for freestanding birth
centers, New Mexico health care authority, 8.370.17 NMAC
O. crisis triage centers, New Mexico
health care authority, 8.321.11 NMAC
[8.370.3.14 NMAC - Rp, 8.370.3.14 NMAC, 1/28/2025]
History of 8.370.3 NMAC: [RESERVED]
HISTORY OF
7.1.7 NMAC:
Pre-NMAC
History: The material in this part was derived from
that previously filed with the state records center:
HED-85-7 (HSD), Regulations Governing Licensing Fees
for Health Facilities, filed 11/20/1985.
DOH 91-3 (PHD), New Mexico Regulations Governing
Licensing Fees for Health Facilities, filed 10/18/1991.
DOH 93-3 (PHD), Regulations Governing Licensing Fees
for Health Facilities in New Mexico, filed 4/30/1993.
History of
Repealed Material:
7.1.7 NMAC, Health Facility
Licensure Fees and Procedures (filed 2/15/2006) repealed effective 12/01/2010.
8.370.3.1 NMAC, Health Facility Licensure Fees and
Procedures (filed 8/1/2024) repealed effective 1/28/2025.
Other
History:
DOH 93-3 (PHD), Regulations Governing Licensing Fees
for Health Facilities in New Mexico (filed 4/30/1993) was renumbered, reformatted,
amended and replaced by 7 NMAC 1.7, Health Facility Licensure Fees and
Procedures, effective 10/31/1996.
7 NMAC 1.7, Health Facility Licensure Fees and
Procedures (filed 10/18/1996) was renumbered, reformatted, amended and replaced
by 7.1.7 NMAC, Health Facility Licensure Fees and Procedures, effective
2/28/2006.
7.1.7 NMAC, Health Facility Licensure Fees and
Procedures (filed 2/15/2006) was replaced by 7.1.7 NMAC, Health Facility
Licensure Fees and Procedures, effective 12/01/2010.
8.370.3 NMAC, Health Facility Licensure Fees And
Procedures filed 8/1/2024 was replaced by 8.370.3
NMAC, Health Facility Licensure Fees And Procedures, effective 1/28/2025.