General Approach

The New Mexico Department of Health, Division of Health Improvement, Health Facility Licensing and Certification Bureau, licenses and regulates assisted living facilities (ALFs), previously called adult residential care facilities. Facilities that provide a memory care unit must meet additional requirements relating to care coordination; staffing; employee training; individualized service plans (ISPs); assessments and re- evaluations; documentation; security; and resident rights.

The state does not have licensing provisions for the traditional adult foster care (AFC) model; the ALF regulations cover AFC homes serving two or more persons unrelated to the caregiver.

This profile includes summaries of selected regulatory provisions for ALFs. The complete regulations are online at the links provided at the end.

Definitions

Assisted living facilities provide programmatic services and assistance with one or more activities of daily living (ADLs) to two or more individuals.

Admission and Retention Policy

Facilities may not admit or retain individuals requiring 24-hour continuous nursing care, which includes but is not limited to those who:

(1) are ventilator dependent;
(2) have Stage III or IV pressure sores;
(3) have any condition requiring either chemical or physical restraints; and
(4) require intravenous therapy or injections. Exceptions may be made for residents receiving hospice care.

Facilities that provide a memory care unit must conduct a pre-admission assessment of a prospective resident to evaluate whether less restrictive alternatives are available and the basis for the admission to the secured environment, including a physician diagnosis of Alzheimer’s disease or other dementia.

Residents may be discharged if the facility cannot meet their needs or if they endanger the safety or health of individuals in the facility.

Medication Provisions

Medications may be self-administered by residents if their physician approves. If not, they may be self-administered with assistance by an individual who has completed a state-approved program in medication assistance, or administered by a physician, physician extender, licensed nurse, or the resident’s relatives. Staff who assist in the self-administration of medications must recognize interactions or possible side effects that might occur.

Facilities must have a consulting pharmacist who reviews medications at least quarterly to determine that all medication orders and records are accurate and current. Consultation consists of all aspects of facility pharmacy services, including providing reference information regarding side effects and, when needed, physician consultation in cases involving the use of psychotropic medications. The consulting pharmacist is responsible for ensuring that the facility meets storage, labeling, destruction, and documentation requirements of the State Board of Pharmacy.

Food Service and Dietary Provisions

Facilities must provide three nutritionally balanced meals and evening snacks in accordance with the recommended daily dietary allowance of the National Academy of Sciences Food and Nutrition Board. Therapeutic diets and prescribed vitamin and mineral supplements may be given according to a physician’s orders. Staff who assist with food preparation or serving must complete training in safe food handling practices.