Chapter 24, Article 17 NMSA 1978 may be cited as the “Continuing Care Act”. History: Laws 1985, ch. 102, § 1; 2010, ch. 88, § 1. ANNOTATIONS Cross references. — For the Long-Term Care Ombudsman Act, see 28-17-1 NMSA 1978. The 2010 amendment, effective May 19, 2010, at the beginning of the sentence, deleted “Sections […]
A. Whenever the attorney general has reasonable belief that any person is violating or is about to violate any provision of the Continuing Care Act, or any regulation promulgated pursuant to that act, and that proceedings would be in the public interest, the attorney general may bring an action in the name of the state […]
A. The provisions of the Continuing Care Act apply equally to for-profit and nonprofit provider organizations and shall be construed as the minimum requirements to be imposed upon any person offering or providing continuing care. B. The provisions of the Continuing Care Act do not apply to closed-membership organizations that operate communities solely for the […]
A provider shall adopt and follow a written policy establishing the procedure and criteria applicable when deciding to transfer residents from one level of care to another. History: Laws 1991, ch. 263, § 1.
A. Residents have the right to organize a resident association and to engage in concerted activities for the purpose of keeping themselves informed of the operation of the facility or for the purpose of other mutual aid or protection. A provider shall take appropriate steps to encourage and facilitate the establishment of a resident association […]
Retaliatory conduct by a provider or any person acting on the provider’s behalf against a resident for lawful efforts to secure or enforce his legal rights as a resident is a violation of the Continuing Care Act. History: Laws 1991, ch. 263, § 3.
A. Residents, as a class or otherwise, may bring an action in a court of competent jurisdiction to recover actual and punitive damages for injury resulting from a violation of the Continuing Care Act. B. The court may award reasonable attorneys’ fees and costs to the prevailing party in an action brought under this section. […]
A. The aging and long-term services department shall review disclosure statements filed pursuant to the Continuing Care Act for compliance with that act. B. If the aging and long-term services department determines that a person or an organization has engaged in or is about to engage in an act or practice constituting a violation of […]
The aging and long-term services department shall promulgate all rules and regulations necessary or appropriate to administer the provisions of the Continuing Care Act. History: Laws 1991, ch. 263, § 6; 2010, ch. 88, § 8; 2021, ch. 56, § 5. ANNOTATIONS The 2021 amendment, effective June 18, 2021, removed a provision related to the […]
A. A person may report an alleged violation of the Continuing Care Act or rules promulgated pursuant to that act to the attorney general or to the aging and long-term services department. B. Any time after the aging and long-term services department issues a notice of violation, the department may send the attorney general a […]
A. The legislature finds that continuing care communities are an important and growing alternative for the provision of long-term residential, social and health maintenance needs for the elderly; however, the legislature also finds that severe consequences to residents may result when a provider becomes insolvent or unable to provide responsible care. B. The purpose of […]
As used in the Continuing Care Act: A. “affiliate” means a person having a five percent or greater interest in a provider; B. “community” means a retirement home, retirement community, home for the aged or other place that undertakes to provide continuing care; C. “continuing care” means furnishing, pursuant to a contract that requires entrance […]
A. A provider shall furnish a current annual disclosure statement that meets the requirements set forth in Subsection B of this section and the aging and long-term services department’s and attorney general’s consumer’s guide to continuing care communities to each actual resident and to a prospective resident at least seven days before the provider enters […]
A. A provider is responsible for ensuring that a continuing care contract is written in clear and understandable language. B. A continuing care contract shall, at a minimum: (1) describe the community’s admission policies, including age, health status and minimum financial requirements, if any; (2) describe the health and financial conditions required for a person […]
A. Any deposits or entrance fees paid by or for a resident shall be held in trust for the benefit of the resident in a federally insured New Mexico bank until the resident has occupied the resident’s unit or the resident’s contract cancellation period has ended, whichever occurs later. B. In addition to the amounts […]
No later than July 1, 2022 and each year thereafter, within one hundred eighty days after the end of a community’s fiscal year, a provider shall provide a copy of the disclosure statement and any amendments to that statement to the aging and long-term services department for public inspection during regular working hours. History: Laws […]
The office of the attorney general and the aging and long-term services department may publish and distribute a consumer’s guide to continuing care communities and may publish an annual directory of communities in New Mexico. History: Laws 1985, ch. 102, § 8; 2005, ch. 215, § 5. ANNOTATIONS Cross references. — For aging and long-term […]
ANNOTATIONS Repeals. — Laws 1991, ch. 263, § 11 repealed 24-17-9 NMSA 1978, as enacted by Laws 1985, ch. 102, § 9, relating to civil liability, effective June 14, 1991. For provisions of former section, see the 1990 NMSA 1978 on NMOneSource.com.
