N.M. Admin. Code § 8.370.15.10

Current through Register Vol. 35, No. 23, December 10, 2024

Section 8.370.15.10 - GENERAL LICENSING REQUIREMENTS

A. Application and requirements for licensure:

(1) All applications shall be made on forms provided by the licensing authority.

(a) All information requested on the application must be provided.

(b) The application must be dated and signed by the person who shall be the licensee or, if the applicant is an organization, then the individual signing the application on behalf of the organization must have the authority to sign for the organization.

(c) The application must be notarized.

(2) In every application, the applicant shall provide the following information:

(a) the identities of all persons or business entities having the authority, directly or indirectly, to direct or cause the direction of the management or policies of the boarding home; and

(b) the identities of all persons or business entities having five percent ownership interest whatsoever in the boarding home, whether direct or indirect, and whether the interest is in the profits, land or building, including owners of any business entity which owns any part of the land or building, and

(c) the identities of all creditors holding a security interest in the premises, whether land or building; and

(d) in the case of a change of ownership, disclosure of any relationship or connection, including familial or direct or indirect business relationship, between the old licensee and the new licensee, and between any owner or operator of the new licensee, whether direct or indirect.

(3) A license shall not be granted to an owner/ applicant who does not clear the caregiver criminal history screening process as set forth in 8.370.5 NMAC. The applicant shall also provide to the authority information including, but not limited to, felony convictions, a civil judgement against the applicant for fraud, embezzlement or misappropriation of property, and any state or federal adverse action resulting in suspension or revocation of license or permit. All criminal history records obtained pursuant to this section by the authority are confidential pursuant to Section 2917-5 NMSA 1978.

(4) The new applicant shall submit evidence of sufficient resources to permit operation of the boarding home for a period of six months. The evidence shall include a credit report from a recognized credit bureau, and with a minimum credit score of 650 or above for applicants that are individuals.

(5) No license may be issued unless and until the applicant has supplied all information requested by the authority.

(6) Fees: All applications for initial licensure must be accompanied by the required fee.

(a) Current fee schedules will be provided by the licensing authority.

(b) Fees must be in the form of a certified check, money order, personal or business check made payable to the state.

(c) Fees are non-refundable.

B. Notification and letter of intent: The license applicant shall advise the licensing authority of its intent to open a boarding home pursuant to these regulations by submitting a letter of intent. The letter of intent must be on the applicant's letterhead and signed by a person with authority to make legal decisions for the license applicant and the boarding home and at a minimum, include the following:

(1) the name of boarding home;

(2) the name of the owner and licensee and the type of legal entity under which the boarding home shall be owned;

(3) the name of the management company, if any;

(4) the type of boarding home license requested;

(5) the name and resume of the proposed manager;

(6) the anticipated number of residents to be served;

(7) the number of beds in the proposed boarding home;

(8) the physical address of the boarding home including building name or suite number;

(9) the mailing address, if different from physical address;

(10) the applicant's contact name(s), address, e-mail address, and telephone number(s);

(11) the anticipated payers and sources of reimbursement; and

(12) a list of all services to be provided at the boarding home location which is requesting the license.

C. License application and fees: After review by the authority of the letter of intent for general compliance with these regulations and verification that an application is appropriate under these regulations, the owner shall submit a fully completed, printed or typed, dated, signed and notarized license application The owner shall submit the application prior to any construction, renovation or addition to an existing building and after review and approval of the letter of intent by the authority, the applicant must submit to the licensing authority an application form provided by the authority, fully completed, printed or typed, dated, signed, and notarized accompanied by the required fee. If electronic filing of license applications is available at the time of application, the applicant will be required to follow all electronic filing requirements, and may forgo any notary requirements, if specifically allowed under the applicable electronic filing statutes, regulations and requirements. The licensing authority will provide current fee schedules. The authority reserves the right to require additional documentation to verify the identity of the applicant in order to verify whether any federal or state exclusions may apply to the applicant. Fees are non-refundable. The applicant must also attach to the application and submit to the authority, a set of building plans which includes all of the information required by these rules, accompanied by proof of zoning compliance by the applicable zoning authority.

D. Program description: The applicant must submit with its license application a program outline consistent with these regulations which includes at a minimum, the following information:

(1) a list and description of all services and the scope of those services to be provided by the proposed boarding home;

(2) projected number of residents to be served monthly;

(3) a list of staffing and personnel requirements and duties to be performed;

(4) proposed staffing plans;

(5) admission and discharge criteria; and

(6) an organizational structure diagram or chart including the manager, governing body, direct care staff, and other staff.

E. Policies and procedures: The applicant must submit with its license application a copy of the boarding home's policies and procedures with a crosswalk to these regulations to show compliance.

F. Building plans: the application for licensure must also include building plans as set forth in this rule. Boarding homes licensed for three or fewer residents are not required to submit building plans.

G. Additional documents required for license application: The following additional documents are required to be provided as part of the initial licensure process prior to the issuance of a temporary license, include, but are not limited to:

(1) Building approvals: The applicant must submit all building approvals required for the boarding home to operate in the jurisdiction in which it is located, including but not limited to:

(a) written zoning approval or proof of zoning compliance;

(b) building permit final approval, or certificates of occupancy from the appropriate authority (state, city, county, or municipality) for business occupancy; and

(c) approvals from the fire safety authority having jurisdiction.

(2) Environment department approvals: If applicable or required, the applicant must provide written approval from the New Mexico environment department for the following:

(a) private water supply;

(b) private waste or sewage disposal;

(c) kitchen/food service.

(3) Custodial pharmacy permit: Any boarding home licensed pursuant to these regulations that supervises self-administration of medication for the residents or safeguards medication for residents must have an appropriate custodial drug permit from the state board of pharmacy.

N.M. Admin. Code § 8.370.15.10

Adopted by New Mexico Register, Volume XXXV, Issue 12, June 25, 2024, eff. 7/1/2024