Chapter 24, Article 1E NMSA 1978 may be cited as the “Health Facility Receivership Act”. History: 1978 Comp., § 24-1E-1, enacted by Laws 1996, ch. 35, § 4; 2001, ch. 225, § 1. ANNOTATIONS The 2001 amendment, effective June 15, 2001, substituted “Chapter 24, Article 1E NMSA 1978” for “Sections 24-1E-1 through 24-1E-6”.
As used in the Health Facility Receivership Act: A. “department” means the department of health; B. “health facility” means: (1) a health facility as defined in Subsection D of Section 24-1-2 NMSA 1978 other than a child-care center or facility, whether or not licensed by the state of New Mexico; or (2) a community-based program […]
A. The secretary may file a verified petition in the district court seeking appointment as receiver of a health facility if the facility: (1) is being operated without a valid license from the division; (2) will be closed within sixty days and adequate arrangements to relocate its residents have not been submitted to and approved […]
No later than December 31, 2001, the secretary shall promulgate rules to implement the provisions of the Health Facility Receivership Act. As a minimum, the rules shall establish: A. conditions under which a petition for a health facility receivership may be filed; B. the duties, authority and responsibilities of the deputy receiver and the health […]
A. Except in the case of an ex parte hearing under the Receivership Act [44-8-1 to 44-8-10 NMSA 1978], the district court shall hold a hearing on the petition within ten days after the petition is filed or as soon thereafter as practicable. The health facility shall be given notice of the hearing at least […]
A. In addition to the receiver’s powers and duties under the Receivership Act [44-8-1 to 44-8-10 NMSA 1978], the secretary as receiver and any deputy receiver under the Health Facility Receivership Act shall, except as the district court may otherwise order: (1) perform all acts that are necessary to: (a) correct or remedy each condition […]
The receivership shall terminate when the conditions that led to its establishment, and any other conditions that constitute grounds for establishment of a receivership, have ceased to exist. If the health facility is insolvent or otherwise financially distressed, the receivership shall terminate upon filing of federal bankruptcy proceedings, unless the district court orders otherwise. History: […]
A health facility under receivership may petition the court at any time for modification or termination of the order of receivership. History: Laws 2001, ch. 225, § 5.
