New Mexico

Grounds stated in the sources

8.370.16.38(A)(2) NMAC, Involuntary removal: "for nonpayment of charges, following seven days notice and opportunity to pay any deficiency;"; "if the resident requires care other than that which the facility is licensed to provide;"; "for medical reasons as ordered by a physician;"; "in case of a medical emergency or disaster;"; "for the resident's welfare or the welfare of other residents;"; "if the resident does not need nursing home care, and alternate placement is identified and arrangements for transfer have been completed;"; "if the short-term care period for which the resident was admitted has expired; and"; "as otherwise permitted by law." The same current rule's resident-rights section states the subject differently and more narrowly: "Involuntary transfer shall be conducted only for resident's welfare, health and safety of others, or failure to pay." "Reasons other than failure to pay must be documented by a physician in resident's record." (8.370.16.22(K) NMAC)

Notice stated in the sources

"The facility shall provide a resident, the resident's physician and guardian, relative, or other responsible person, at least 30 days notice of removal under Subsection A of 8.370.16.38 NMAC, except Subparagraph (a) of Paragraph (2) of Subsection A of 8.370.16.38 NMAC, unless the continued presence of the resident endangers the health, safety, or welfare of the resident or other residents." The removal notice itself must contain "the time and place of a planning conference; a statement informing the resident that any persons of the resident's choice may attend the conference; and the -procedure for submitting a complaint to the authority" — quoted exactly as the rule's own text renders it, hyphen included. Except where the resident is receiving respite care or the delay would itself be dangerous, "a planning conference shall be held at least three days before removal with the resident, guardian, if any, any appropriate county agency, and others designated by the resident, including the resident's physician, to review the need for relocation, assess the effect of relocation on the resident, discuss alternative placements, and develop a relocation plan which includes at least those activities listed below." (8.370.16.38(B) NMAC) Separately, the resident-rights section requires that "Prior to transfer the facility must notify resident and next of kin or responsible party of right to appeal and name and address of ombudsman." (8.370.16.22(K) NMAC)

Hearing office in these sources

The licensing rule names no forum, address, or deadline of its own for a resident's appeal — only that the notice state a "right to appeal" and that the resident be told of "the -procedure for submitting a complaint to the authority" (8.370.16.22(K) NMAC; 8.370.16.38(B)(2)(a) NMAC). The forum that exists is published separately by the New Mexico Health Care Authority. Its Office of Fair Hearings "provides administrative hearings consistent with state (NMAC) and federal regulations (CFR)" and "registers appeals of adverse actions across all public assistance categories as well as Child Support enforcement actions, Managed Care Organization actions, certain actions involving nursing home care as well as certain administrative actions concerning providers." The office's own Fair Hearing Request form lists "Nursing Facility Discharge/Admission & PASARR" as one of the programs a hearing may be requested for. On the deadline, the office's own FAQ states: "Most appeals must be requested no later than 90 days from the date the action was taken by the HCA or its agent." The form is submitted "to the Office of Fair Hearings at HCA-FairHearings@hca.nm.gov or 505-476-6215 (fax)", or "via postal mail to Health Care Authority, Attn: Office of Fair Hearings, PO Box 2348, Santa Fe, NM 87504". The form's own footer publishes the same office at "Phone: (505) 476-6213| Fax: (505) 476-6215| PO Box 2348 Santa Fe, NM 87504".

Ombudsman in these sources

The Aging and Long-Term Services Department states of the program: "Residents, their families, friends, and caregivers entrust long-term care and nursing facilities to provide safe environments that meet standards of care and provide a quality of life. If ever they fall short, the Long-Term Care Ombudsman offers an avenue for expressing and resolving concerns." The department's own published contact, printed in the footer of both pages captured: "Long-Term Care Ombudsman Program" — "1-866-451-2901" on the department's Contact Us page and "866-451-2901" on the Ombudsman Advocacy page itself, both "Toll-Free; Statewide" shown as published and not reconciled. The department's own "Location" and "Mailing Address": "2550 Cerrillos Road" "Santa Fe, NM 87505". The licensing rule itself requires a facility's own transfer notice to carry the "name and address of ombudsman" (8.370.16.22(K) NMAC).

Sources last checked

Sep 1, 2026

Reproduced from the agencies' own pages and documents quoted below — potentially relevant official sources, not a determination that any notice, ground, or deadline applies to any situation.

Lede

This page assembles what New Mexico's own publishers state about involuntary transfer and discharge from a nursing facility. It is a baseline page: the docket rows and the source map are built; the grounds section and the published-process section are not yet written, as the change log records. The fullest single source is 8.370.16 NMAC, Requirements for Long Term Care Facilities, the current New Mexico Administrative Code rule effective July 1, 2024, which states the grounds, the thirty-day notice and its exceptions, and the removal-procedure requirements, including a planning conference. New Mexico's own vocabulary is removal, both voluntary and involuntary, in the licensing rule's own section heading ("REMOVALS FROM THE FACILITY"); the same rule's resident-rights section instead heads its parallel statement "Transfer, discharge and bedhold:".

The current rule states the grounds twice, in two different sections, with two different lists: eight circumstances in the removals section and three in the resident-rights section, both quoted above and neither reconciled here. The rule itself names no hearing office, address, or deadline for a resident's own appeal of a facility-initiated removal — only a right to appeal and a right to be told the ombudsman's name and address. The route that exists is published instead by the New Mexico Health Care Authority's Office of Fair Hearings, whose own request form lists nursing-facility discharge as an appeal category and whose own FAQ states a ninety-day filing window. The current rule is itself the product of a 2024 reorganization: New Mexico's former licensing chapter, 7.9.2 NMAC, was repealed and replaced by 8.370.16 NMAC under the newly created Health Care Authority, which now administers both facility licensing and Medicaid. The federal floor for Medicare/Medicaid-certified facilities is assembled separately on the federal page; nothing here fills a gap from federal law or another state. Confirm applicability with the agencies named in the sources: whether any provision applies to a particular facility, resident, or notice is for the hearing office to determine. Deadlines and periods on this page are quoted from the sources, not calculated for any case.