A. A health facility shall not be operated without a license issued by the authority. If a health facility is found to be operating without a license, in order to protect human health or safety, the secretary may issue a cease-and-desist order. The health facility may request a hearing that shall be held in the manner provided in this section. The authority may also proceed pursuant to the Health Facility Receivership Act [N.M. Stat. Ann. Chapter 24A, Article 2].

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B. The authority is authorized to make inspections and investigations and to prescribe rules it deems necessary or desirable to promote the health, safety and welfare of persons using health facilities.

C. Except as provided in Subsection F of this section, upon receipt of an application for a license to operate a health facility, the authority shall promptly inspect the health facility to determine if it is in compliance with all rules of the authority. Applications for hospital licenses shall include evidence that the bylaws or rules of the hospital apply equally to osteopathic and medical physicians. The authority shall consolidate the applications and inspections for a hospital that also operates as a hospital-based primary care clinic.

D. Upon inspection of a health facility, if the authority finds a violation of its rules, the authority may deny the application for a license, whether initial or renewal, or it may issue a temporary license. A temporary license shall not be issued for a period exceeding one hundred twenty days, nor shall more than two consecutive temporary licenses be issued.

E. A one-year nontransferable license shall be issued to any health facility complying with all rules of the authority. The license shall be renewable for successive one-year periods, upon filing of a renewal application, if the authority is satisfied that the health facility is in compliance with all rules of the authority or, if not in compliance with a rule, has been granted a waiver or variance of that rule by the authority pursuant to procedures, conditions and guidelines adopted by rule of the authority. Licenses shall be posted in a conspicuous place on the licensed premises.

F. A health facility that has been inspected and licensed by the authority, that has received certification for participation in federal reimbursement programs and that has been fully accredited by a national accrediting organization approved by the federal centers for medicare and medicaid services or the authority shall be granted a license renewal based on that accreditation. A freestanding birth center that has been inspected and licensed by the authority and is accredited by the commission for accreditation of birth centers or its successor accreditation body shall be granted a license renewal based on that accreditation. Health facilities receiving less than full accreditation by an approved accrediting body may be granted a license renewal based on that accreditation. License renewals shall be issued upon application submitted by the health facility upon forms prescribed by the authority. This subsection does not limit in any way the authority’s various duties and responsibilities under other provisions of law, including any of the authority’s responsibilities for the health and safety of the public.

G. The authority may charge a reasonable fee not to exceed twelve dollars ($12.00) per bed for an inpatient health facility or three hundred dollars ($300) for any other health facility for each license application, whether initial or renewal, of an annual license or the second consecutive issuance of a temporary license. Fees collected shall not be refundable. All fees collected pursuant to licensure applications shall be deposited with the state treasurer for credit in a designated authority recurring account for use in health facility licensure and certification operations.

H. The authority may revoke or suspend the license of a health facility or may impose on a health facility an intermediate sanction and a civil monetary penalty provided in Section 24A-1-6 N.M. Stat. Ann. after notice and an opportunity for a hearing before a hearing officer designated by the authority to hear the matter and, except for child care centers and facilities, may proceed pursuant to the Health Facility Receivership Act upon a determination that the health facility is not in compliance with any rule of the authority. If immediate action is required to protect human health and safety, the secretary may suspend a license or impose an intermediate sanction pending a hearing, provided the hearing is held within five working days of the suspension or imposition of the sanction, unless waived by the licensee, and, except for child care centers and facilities, may proceed ex parte pursuant to the Health Facility Receivership Act.

I. The authority shall schedule a hearing pursuant to Subsection H of this section if the authority receives a request for a hearing from a licensee:

(1)     within ten working days after receipt by the licensee of notice of suspension, revocation, imposition of an intermediate sanction or civil monetary penalty or denial of an initial or renewal application;

(2)     within four working days after receipt by the licensee of an emergency suspension order or emergency intermediate sanction imposition and notice of hearing if the licensee wishes to waive the early hearing scheduled and request a hearing at a later date; or

(3)     within five working days after receipt of a cease-and-desist order.

J. The authority shall also provide timely notice to the licensee of the date, time and place of the hearing, identity of the hearing officer, subject matter of the hearing and alleged violations.

K. A hearing held pursuant to provisions of this section shall be conducted in accordance with adjudicatory hearing rules and procedures adopted by rule of the authority. The licensee has the right to be represented by counsel, to present all relevant evidence by means of witnesses and books, papers, documents, records, files and other evidence and to examine all opposing witnesses who appear on any matter relevant to the issues. The hearing officer has the power to administer oaths on request of any party and issue subpoenas and subpoenas duces tecum prior to or after the commencement of the hearing to compel discovery and the attendance of witnesses and the production of relevant books, papers, documents, records, files and other evidence. Documents or records pertaining to abuse, neglect or exploitation of a resident, client or patient of a health facility or other documents, records or files in the custody of the authority or the office of the state long-term care ombudsman at the aging and long-term services department that are relevant to the alleged violations are discoverable and admissible as evidence in any hearing.

L. Any party may appeal the final decision of the authority pursuant to the provisions of Section 39-3-1.1 N.M. Stat. Ann..

M. A complaint about a health facility received by the authority pursuant to this section shall be promptly investigated and appropriate action shall be taken if substantiated. The authority shall develop a health facilities protocol in conjunction with the protective services division of the children, youth and families department, the office of the state long-term care ombudsman and other appropriate agencies to ensure the health, safety and rights of individuals in health facilities licensed by the authority. The health facilities protocol shall require:

(1)     cross-reference among agencies pursuant to this subsection of an allegation of abuse, neglect or exploitation;

(2)     an investigation, within the strict priority time frames established by each protocol member’s rules, of an allegation or referral of abuse, neglect or exploitation after the authority has made a good cause determination that abuse, neglect or exploitation occurred;

(3)     an agency to share its investigative information and findings with other agencies, unless otherwise prohibited by law; and

(4)     require the receiving agency to accept the information provided pursuant to Paragraph (3) of this subsection as potential evidence to initiate and conduct investigations.

N. A complaint received by the authority pursuant to this section shall not be disclosed publicly in a manner as to identify any individuals or health facilities if upon investigation the complaint is unsubstantiated.

O. The name and information regarding the person making a complaint pursuant to this section shall not be disclosed absent the consent of the informant or a court order.