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