# 8.370.7.8 NMAC: Section 8. Conditions For Filing Receivership Petition

> New Mexico · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/SREGS_NM_T8_C370_P7_S8

## Section

- **Citation:** 8.370.7.8 NMAC
- **Heading:** Section 8. Conditions For Filing Receivership Petition
- **Jurisdiction:** New Mexico
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** NMAC / Title 8 (SOCIAL SERVICES) / Chapter 370 (OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED) / Part 7 (HEALTH FACILITY RECEIVERSHIP REQUIREMENTS) / Section 8

## Text

When any of the following situations exist, the secretary may petition the district court seeking appointment as a health facility receiver. A. Facility closure. The health facility will close, or cease all or part of its operations, within 60 days; and the health facility has failed to provide the secretary with, and obtained written approval from the secretary for, the health facility’s detailed closure plan. The closure plan must demonstrate that the health facility will maintain and safeguard the health and safety of the care recipients. Upon receipt of a facility closure plan, the secretary will respond within 10 days to the facility with written notice of the secretary’s approval or rejection of the closure plan. At a minimum, the closure plan will specify the facility’s: (1) Procedures and arrangements to insure that the health facility’s care recipients obtain, or continue to receive, accessible, appropriate and affordable care; and (2) The method of protecting all legal rights of the care recipients as such rights are affected by the closure; and (3) Staffing; and (4) Transfer planning and procedures with respect to the care recipients, including the funds, accounts, and property of the care recipients, medical and financial authorizations, and any other relevant documents executed by or on behalf of the care recipient in the possession of the health facility; and (5) Other arrangements which the secretary may specify for inclusion in the closure plan. B. No license. The health facility is operated without such license as otherwise may be required. C. Abandonment. The health facility is abandoned, care recipients of the health facility are abandoned or constructively abandoned, or such abandonment is imminent. D. Imminent danger. The health facility presents an imminent danger of death or significant mental or physical harm to the care recipients of the health facility
h facility is operated without such license as otherwise may be required. C. Abandonment. The health facility is abandoned, care recipients of the health facility are abandoned or constructively abandoned, or such abandonment is imminent. D. Imminent danger. The health facility presents an imminent danger of death or significant mental or physical harm to the care recipients of the health facility. Such imminent danger may arise from: (1) A single factor, or combination of factors, adversely affecting the health or safety of the facility’s care recipients; or (2) A physical condition of a service location for the health facility’s care recipients; or (3) A practice or method of operation of the health facility.

## Nearby sections

- [8.370.7.1 NMAC Section 1. Issuing Agency](https://www.frixlaw.com/law-library/statutes/SREGS_NM_T8_C370_P7_S1.md)
- [8.370.7.2 NMAC Section 2. Scope](https://www.frixlaw.com/law-library/statutes/SREGS_NM_T8_C370_P7_S2.md)
- [8.370.7.3 NMAC Section 3. Statutory Authority](https://www.frixlaw.com/law-library/statutes/SREGS_NM_T8_C370_P7_S3.md)
- [8.370.7.5 NMAC Section 5. Effective Date](https://www.frixlaw.com/law-library/statutes/SREGS_NM_T8_C370_P7_S5.md)
- [8.370.7.6 NMAC Section 6. Objective](https://www.frixlaw.com/law-library/statutes/SREGS_NM_T8_C370_P7_S6.md)
- [8.370.7.7 NMAC Section 7. Definitions](https://www.frixlaw.com/law-library/statutes/SREGS_NM_T8_C370_P7_S7.md)
- [8.370.7.8 NMAC Section 8. Conditions For Filing Receivership Petition](https://www.frixlaw.com/law-library/statutes/SREGS_NM_T8_C370_P7_S8.md)
- [8.370.7.9 NMAC Section 9. Qualifications Of The Deputy Receiver](https://www.frixlaw.com/law-library/statutes/SREGS_NM_T8_C370_P7_S9.md)
- [8.370.7.10 NMAC Section 10. Duties, Authority & Responsibilities Of The Deputy Receiver](https://www.frixlaw.com/law-library/statutes/SREGS_NM_T8_C370_P7_S10.md)
- [8.370.7.11 NMAC Section 11. Financial Obligations And Conditions](https://www.frixlaw.com/law-library/statutes/SREGS_NM_T8_C370_P7_S11.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SREGS_NM_T8_C370_P7_S8. Check the current official text before relying on it. Not legal advice.