N.M. Admin. Code § 8.370.15.19

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

Section 8.370.15.19 - CHANGE OF OWNERSHIP

An individual or entity wishing to purchase and continue operation of an already licensed boarding home shall:

A. Submit a new application for an initial license in accordance with these regulations at least 60 days prior to the anticipated change. The authority has the sole discretion to determine if it will issue a license under the same terms and conditions of the existing license.

B. The current owners will submit a letter citing the intended termination of current ownership, a closure plan and a request for a change of ownership to the licensing authority no later than 60 days prior to the date of sale.

C. The new owners shall complete and submit a new license application and transition plan. The license application and transition plan must be submitted to the licensing authority no later than 60 days prior to the date of sale. The new owners must provide a letter agreeing to assume all liabilities to the state and provide the following as described in the initial licensure procedures section of these regulations:

(1) letter of intent;

(2) license application and fee;

(3) program description;

(4) transition plan; and

(5) policies and procedures or a statement that the new owners are utilizing previously approved policies and procedures.

(6) Transition plan with timelines, that must include the following:

(a) process for the reassessment of residents;

(b) process for hiring boarding home staff and staffing plan identifying staff that will cover all duties upon transition; and

(c) execution of transfer agreements between the buyer and seller.

(7) Failure by any individual or entity to apply for and obtain a new license while continuing to operate under these regulations, shall be considered in violation of these regulations and the secretary may issue a cease-and-desist order, to protect human health or safety or welfare. The unlicensed boarding home may request a hearing that shall be held in the manner provided under these regulations and all other applicable regulations.

N.M. Admin. Code § 8.370.15.19

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