0001|     
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0002|                           SENATE BILL 350
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0003|     43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0004|                            INTRODUCED BY
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0005|                           RAYMOND L. KYSAR
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0006|     
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0007|     
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0008|     
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0009|                 FOR THE HEALTH CARE REFORM COMMITTEE
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0010|     
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0011|                                AN ACT
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0012|     RELATING TO HOSPITALS; PROVIDING FOR THE CONSOLIDATION OF
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0013|     LICENSE APPLICATIONS FOR HOSPITALS OPERATING AS HOSPITAL-BASED
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0014|     PRIMARY CARE CLINICS.
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0015|     
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0016|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017|          Section 1.  Section 24-1-5 NMSA 1978 (being Laws 1973,
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0018|     Chapter 359, Section 5, as amended) is amended to read:
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0019|          "24-1-5.  LICENSURE OF HEALTH FACILITIES.--
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0020|               A.  No health facility shall be operated without a
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0021|     license issued by the department.  If a health facility is
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0022|     found to be operating without a license, in order to protect
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0023|     human health or safety the secretary may issue a cease-and-
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0024|     desist order.  The health facility may request a hearing, which
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0025|     shall be held in the manner provided in this section.  The
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0001|     department may also proceed pursuant to the Health Facility
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0002|     Receivership Act.
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0003|               B.  The department is authorized to make inspections
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0004|     and investigations and to prescribe regulations it deems
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0005|     necessary or desirable to promote the health, safety and
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0006|     welfare of persons <s>[utilizing]</s> <u>using</u> health facilities.
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0007|               C.  Except as provided in Subsection F of this
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0008|     section, upon receipt of an application for a license to
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0009|     operate a health facility, the department shall promptly
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0010|     inspect the health facility to determine if it is in compliance
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0011|     with all regulations of the department.  Applications for
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0012|     hospital licenses shall include evidence that the bylaws or
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0013|     regulations of the hospital apply equally to osteopathic and
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0014|     medical physicians.  <u>The department shall consolidate the
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<u></u>0015| <u>    applications and inspections for a hospital that also operates
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<u></u>0016| <u>    as a hospital-based primary care clinic.</u>
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0017|               D.  Upon inspection of any health facility, if the
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0018|     department finds any violation of its regulations, it may deny
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0019|     the application for a license, whether initial or renewal, or
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0020|     it may issue a temporary license.  A temporary license shall
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0021|     not be issued for a period exceeding one hundred twenty days,
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0022|     nor shall more than two consecutive temporary licenses be
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0023|     issued.
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0024|               E.  A one-year nontransferable license shall be
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0025|     issued to any health facility complying with all regulations of
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0001|     the department.  The license shall be renewable for successive
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0002|     one-year periods, upon filing of a renewal application, if the
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0003|     department is satisfied that the health facility is in
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0004|     compliance with all regulations of the department or, if not in
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0005|     compliance with any regulation, has been granted a waiver or
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0006|     variance of that regulation by the department pursuant to
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0007|     procedures, conditions and guidelines adopted by regulation of
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0008|     the department.  Licenses shall be posted in a conspicuous
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0009|     place on the licensed premises, except that child-care centers
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0010|     that receive no state or federal funds may apply for and
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0011|     receive from the department a waiver from the requirement that
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0012|     a license be posted or kept on the licensed premises.
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0013|               F.  Any health facility that has been inspected and
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0014|     licensed by the department and that has received certification
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0015|     for participation in federal reimbursement programs and that
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0016|     has been fully accredited by the joint commission on
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0017|     accreditation of health care organizations or the American
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0018|     osteopathic association shall be granted a license renewal
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0019|     based on that accreditation.  Health facilities receiving less
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0020|     than full accreditation by the joint commission on the
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0021|     accreditation of health care organizations or by the American
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0022|     osteopathic association may be granted a license renewal based
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0023|     on such accreditation.  License renewals shall be issued upon
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0024|     application submitted by the facility upon forms prescribed by
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0025|     the department.  This subsection does not limit in any way the
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0001|     department's various duties and responsibilities under other
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0002|     provisions of the Public Health Act or under any other
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0003|     subsection of this section, including any of the department's
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0004|     responsibilities for the health and safety of the public.
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0005|               G.  The department may charge a reasonable fee not
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0006|     to exceed three dollars ($3.00) per bed for an in-patient
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0007|     health facility or one hundred dollars ($100) for any other
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0008|     health facility for each license application, whether initial
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0009|     or renewal, of an annual license or the second consecutive
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0010|     issuance of a temporary license.  Fees collected shall not be
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0011|     refundable.  All fees collected pursuant to licensure
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0012|     applications shall be deposited with the state treasurer for
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0013|     credit to the general fund.
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0014|               H.  The department may revoke or suspend the license
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0015|     of any health facility or may impose on any health facility any
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0016|     intermediate sanction and civil monetary penalty provided in
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0017|     Section 24-1-5.2 NMSA 1978 after notice and an opportunity for
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0018|     a hearing before a hearing officer designated by the department
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0019|     to hear the matter and, except for child-care centers and
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0020|     facilities, may proceed pursuant to the Health Facility
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0021|     Receivership Act upon a determination that the health facility
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0022|     is not in compliance with any regulation of the department.  If
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0023|     immediate action is required to protect human health and
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0024|     safety, the <s>[director]</s> <u>secretary</u> may suspend any license or
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0025|     impose any intermediate sanction pending a hearing, provided
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0001|     the hearing is held within five working days of the suspension
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0002|     or imposition of the sanction, unless waived by the licensee,
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0003|     and, except for child-care centers and facilities, may proceed
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0004|     ex parte pursuant to the Health Facility Receivership Act.
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0005|               I.  The department shall schedule a hearing pursuant
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0006|     to Subsection H of this section if the department receives a
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0007|     request for a hearing from a licensee:
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0008|                    (1)  within ten working days after receipt by
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0009|     the licensee of notice of suspension, revocation, imposition of
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0010|     an intermediate sanction or civil monetary penalty or denial of
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0011|     an initial or renewal application;
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0012|                    (2)  within four working days after receipt by
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0013|     the licensee of an emergency suspension order or emergency
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0014|     intermediate sanction imposition and notice of hearing, if the
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0015|     licensee wishes to waive the early hearing scheduled and
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0016|     request a hearing at a later date; or
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0017|                    (3)  within five working days after receipt of
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0018|     a cease-and-desist order.
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0019|          The department shall also provide timely notice to the
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0020|     licensee of the date, time and place for the hearing, identity
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0021|     of the hearing officer, subject matter of the hearing and
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0022|     alleged violations.
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0023|               J.  Any hearing <s>[under]</s> <u>held pursuant to
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<u></u>0024| <u>    provisions of</u> this section shall be conducted in accordance
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0025|     with adjudicatory hearing rules and procedures adopted by reg-
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0001|     
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0002|     ulation of the department.  The licensee has the right to be
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0003|     represented by counsel, to present all relevant evidence by
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0004|     means of witnesses and books, papers, documents, records, files
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0005|     and other evidence and to examine all opposing witnesses who
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0006|     appear on any matter relevant to the issues.  The hearing
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0007|     officer has the power to administer oaths on request of any
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0008|     party and issue 
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0009|     subpoenas and subpoenas duces tecum prior to or after the
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0010|     commencement of the hearing to compel discovery and the
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0011|     attendance of witnesses and the production of relevant books,
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0012|     papers, documents, records, files and other evidence. 
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0013|     Documents or records pertaining to abuse, neglect or
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0014|     exploitation of a resident, client or patient of a health
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0015|     facility or other documents, records or files in the custody of
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0016|     the human services department or the office of the state long-
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0017|     term care ombudsman at the state agency on aging that are
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0018|     relevant to the alleged violations are discoverable and
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0019|     admissible as evidence in any hearing.
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0020|               K.  Any party may appeal to the court of appeals on
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0021|     the record within thirty days after the final decision of the
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0022|     department.  The court shall set aside the final decision only
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0023|     if it is found to be arbitrary, capricious or an abuse of
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0024|     discretion; not supported by substantial evidence in the
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0025|     record; outside the authority of the department; or otherwise
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0001|     not in accordance with law.
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0002|               L.  Every complaint about a health facility received
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0003|     by the department pursuant to this section shall be promptly
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0004|     investigated to substantiate the allegation and to take
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0005|     appropriate action if substantiated.  The department shall
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0006|     coordinate with the human services department, the office of
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0007|     the state long-term care ombudsman at the state agency on aging
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0008|     and any other appropriate agency to develop a joint protocol
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0009|     establishing responsibilities and procedures to assure prompt
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0010|     investigation of complaints, including prompt and appropriate
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0011|     referrals and necessary action regarding allegations of abuse,
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0012|     neglect or exploitation of residents, clients or patients in a
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0013|     health facility.
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0014|               M.  Complaints received by the department pursuant
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0015|     to this section shall not be disclosed publicly in such manner
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0016|     as to identify any individuals or health facilities if upon
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0017|     investigation the complaint is unsubstantiated.
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0018|               N.  Notwithstanding any other provision of this
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0019|     section, where there are reasonable grounds to believe that any
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0020|     child is in imminent danger of abuse or neglect while in the
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0021|     care of a child-care facility, whether or not licensed, or upon
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0022|     the receipt of a report pursuant to Section 32A-4-3 NMSA 1978,
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0023|     the department shall consult with the owner or operator of the
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0024|     child-care facility.  Upon a finding of probable cause, the
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0025|     department shall give the owner or operator notice of its
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0001|     intent to suspend operation of the <u>child-care</u> facility and
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0002|     provide an opportunity for a hearing to be held within three
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0003|     working days, unless waived by the owner or operator.  Within
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0004|     seven working days from the day of notice, the <s>[director]</s>
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0005|     <u>secretary</u> shall make a decision, and, if it is determined
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0006|     that any child is in imminent danger of abuse or neglect in the
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0007|     child-care facility, the <s>[director]</s> <u>secretary</u> may suspend
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0008|     operation of the <u>child-care</u> facility for a period not in
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0009|     excess of fifteen days.  Prior to the date of the hearing, the
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0010|     department shall make a reasonable effort to notify the parents
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0011|     of children in the child-care facility of the notice and oppor-
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0012|     
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0013|     tunity for hearing given to the owner or operator.
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0014|               O.  Nothing contained in this section or in the
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0015|     Public Health Act shall authorize either the secretary or the
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0016|     department to make any inspection or investigation or to
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0017|     prescribe any regulations concerning group homes as defined in
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0018|     Section 9-8-13 NMSA 1978 except as are reasonably necessary or
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0019|     desirable to promote the health and safety of persons
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0020|     <s>[utilizing]</s> <u>using</u> group homes."
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0021|                                - 8 -
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0022|     
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0023|     
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0024|       
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0025|   
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0001|                      FORTY-THIRD LEGISLATURE
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0002|                        FIRST SESSION, 1997
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0003|   
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0004|   
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0005|                                               February 17, 1997
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0006|   
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0007|   Mr. President:
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0008|   
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0009|       Your PUBLIC AFFAIRS COMMITTEE, to whom has been
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0010|   referred
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0011|   
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0012|                          SENATE BILL 350
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0013|   
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0014|   has had it under consideration and reports same with
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0015|   recommendation that it DO PASS, and thence referred to the
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0016|   CORPORATIONS &   TRANSPORTATION COMMITTEE.
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0017|   
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0018|                                Respectfully submitted,
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0019|   
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0020|   
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0021|   
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0022|                                
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0023|   __________________________________
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0024|                                Shannon Robinson, Chairman 
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0025|   
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0001|   
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0002|   
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0003|   Adopted_______________________   Not
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0004|   Adopted_______________________
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0005|             (Chief Clerk)                          (Chief Clerk)
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0006|   
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0007|   
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0008|                     Date ________________________
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0009|   
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0010|   
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0011|   The roll call vote was <u> 5 </u> For <u> 0 </u> Against
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0012|           Yes:    5
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0013|           No:     0
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0014|                Excused:     Adair, Boitano, Ingle, Vernon
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0015|           Absent: None
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0016|   
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0017|   
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0018|   S0350PA1
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0019|   
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0020|     
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0021|   
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0022|                      FORTY-THIRD LEGISLATURE
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0023|                        FIRST SESSION, 1997
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0024|   
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0025|   
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0001|                                               February 26, 1997
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0002|   
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0003|   Mr. President:
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0004|   
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0005|       Your CORPORATIONS & TRANSPORTATION COMMITTEE, to
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0006|   whom has been referred
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0007|   
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0008|                          SENATE BILL 350
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0009|   
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0010|   has had it under consideration and reports same with
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0011|   recommendation that it DO PASS.
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0012|   
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0013|                                Respectfully submitted,
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0014|   
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0015|   
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0016|   
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0017|                                
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0018|   __________________________________
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0019|                                Roman M. Maes, III, Chairman 
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0020|   
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0021|   
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0022|   
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0023|   Adopted_______________________   Not
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0024|   Adopted_______________________
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0025|             (Chief Clerk)                          (Chief Clerk)
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0001|   
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0002|   
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0003|   
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0004|                     Date ________________________
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0005|   
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0006|   
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0007|   The roll call vote was <u> 6 </u> For <u> 0 </u> Against
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0008|           Yes:    6
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0009|           No:     0
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0010|                Excused:     Fidel, Griego, Leavell, McKibben
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0011|           Absent: None
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0012|   
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0013|   
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0014|   S0350CT1
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