N.M. Admin. Code § 8.370.16.39

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

Section 8.370.16.39 - TRANSFER AGREEMENTS

A. Requirement: Each facility shall have in effect a transfer agreement with one or more hospitals under which in-patient hospital care or other hospital services are available promptly to the facility's resident's when needed. Facilities under same management having identified distinct parts are exempt from transfer agreements.

B. Transfer of residents: A hospital and a facility shall be considered to have a transfer agreement in effect if there is a written agreement between them or, when the two Institutions are under common control, if there is a written statement by the person or body which controls them, which gives reasonable assurance that:

(1) transfer of residents will take place between the hospital and the facility ensuring timely admission, whenever such transfer is medically appropriate as determined by the attending physician; and

(2) there shall be interchange of medical and other information necessary for the care and treatment of individuals transferred between the institutions or for determining, whether such individuals can be adequately cared for somewhere other than in either of the institutions.

C. Exemption: A facility which does not have a resident transfer agreement in effect, but which is found by the authority to have attempted in good faith to enter into such an agreement with a hospital sufficiently close to the facility to make feasible the transfer between the two facilities and the information referred to in Subsection B of 8.370.16.39 NMAC above, shall be considered to have such an agreement in effect if and for so long as the authority finds that to do so is in the public interest and essential to ensuring nursing facility services in the community.

N.M. Admin. Code § 8.370.16.39

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