N.M. Admin. Code § 8.370.7.10

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

Section 8.370.7.10 - DUTIES, AUTHORITY AND RESPONSIBILITIES OF THE DEPUTY RECEIVER

Unless otherwise ordered by the district court the deputy receiver generally will carry out the duties of the receiver, as established in the Health Facility Receivership Act, NMSA 1978, Sections 24-1E-1 to 24-1E-7 (2001), including the following.

A. Removal of care recipients from settings or situations within the receivership estate which threaten the care recipients with imminent danger of death or significant mental or physical harm.

B. All necessary actions needed to:

(1) Correct or remedy each condition on which the receiver's appointment was based.

(2) Ensure adequate care and services, in accordance with applicable authority, law, regulations, and accrediting requirements, for each care recipient of the health facility.

(3) Manage and operate the health facility, including, where deemed appropriate in the judgment of the receiver or deputy receiver, any of the following:

(a) Closing the health facility.

(b) Expanding existing and initiating new services and operations.

(c) Hiring and firing officers and employees.

(d) Contracting for necessary services, personnel, supplies, equipment, facilities, and all other appropriate things.

(e) Reasonably expending funds of the health facility.

(f) Paying the health facility's obligations, borrowing money and property and giving security as necessary for such.

(g) Purchasing, selling, marshalling and otherwise managing the health facility's property and assets.

N.M. Admin. Code § 8.370.7.10

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