Section 7. Definitions

As used in this rule, unless the context requires otherwise: A. “Abandonment” means the elimination of, or the failure to provide, one or more essential support services for all or a portion of the residents of a health facility, including but not limited to appropriate personnel, shelter, medical care, sustenance, assistance with the activities of daily living, habilitation or individual treatment plan activities and support. B. “Closure Plan” means the health facility’s written plan, including any amendments, detailing the manner in which the health facility will satisfy all applicable legal or contractual requirements, including any requirements that the authority may request be included in such written plan, and which at a minimum sets forth the discharge planning and transfer of the residents, and the manner in which the health facility will fully meet the needs of the residents during the period of the facility closure. C. “Constructive Abandonment” means a situation in which abandonment of the residents of a health facility can be inferred from the totality of circumstances, as, for example, the health facility’s untimely payment or nonpayment of suppliers or staff resulting in the lack of necessary supplies or services. D. “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 New Mexico; or, (2) a community-based program providing services funded, directly or indirectly, in whole or in part, by the home and community-based Medicaid waiver program or by developmental disabilities, traumatic brain injury or other medical disabilities programs. E. “Imminent danger” means a significant, foreseeable jeopardy, risk or threat existing at the present time or in the immediate future. F

co; or, (2) a community-based program providing services funded, directly or indirectly, in whole or in part, by the home and community-based Medicaid waiver program or by developmental disabilities, traumatic brain injury or other medical disabilities programs. E. “Imminent danger” means a significant, foreseeable jeopardy, risk or threat existing at the present time or in the immediate future. F. “Receivership” means, pursuant to a court order, the condition or occurrence of the legal vesting of authority in the Secretary, acting as a receiver, and vesting of authority in the deputy receiver, to exercise management and control over all of, or a portion of, a facility, in derogation of the rights of the facility owner or operator. 8.370.7 NMAC 2 G. “Receivership estate” means the totality of the property, accounts, assets, rights and obligations over which the receiver has authority to manage and control in accordance with a court’s order. H. “Secretary” means the secretary of the New Mexico health care authority.