N.M. Stat. § 24A-1-5 (2026)

   A. A health facility shall not be operated without a license issued by the authority. If
a health facility is found to be operating without a license, in order to protect human
health or safety, the secretary may issue a cease-and-desist order. The health facility
may request a hearing that shall be held in the manner provided in this section. The
authority may also proceed pursuant to the Health Facility Receivership Act [Chapter
24A, Article 2 NMSA 1978].

   B. The authority is authorized to make inspections and investigations and to
prescribe rules it deems necessary or desirable to promote the health, safety and
welfare of persons using health facilities.

    C. Except as provided in Subsection F of this section, upon receipt of an application
for a license to operate a health facility, the authority shall promptly inspect the health
facility to determine if it is in compliance with all rules of the authority. Applications for
hospital licenses shall include evidence that the bylaws or rules of the hospital apply
equally to osteopathic and medical physicians. The authority shall consolidate the
applications and inspections for a hospital that also operates as a hospital-based
primary care clinic.

    D. Upon inspection of a health facility, if the authority finds a violation of its rules, the
authority may deny the application for a license, whether initial or renewal, or it may
issue a temporary license. A temporary license shall not be issued for a period
exceeding one hundred twenty days, nor shall more than two consecutive temporary
licenses be issued.

    E. A one-year nontransferable license shall be issued to any health facility
complying with all rules of the authority. The license shall be renewable for successive
one-year periods, upon filing of a renewal application, if the authority is satisfied that the
health facility is in compliance with all rules of the authority or, if not in compliance with
a rule, has been granted a waiver or variance of that rule by the authority pursuant to
procedures, conditions and guidelines adopted by rule of the authority. Licenses shall
be posted in a conspicuous place on the licensed premises.

    F. A health facility that has been inspected and licensed by the authority, that has
received certification for participation in federal reimbursement programs and that has
been fully accredited by a national accrediting organization approved by the federal
centers for medicare and medicaid services or the authority shall be granted a license
renewal based on that accreditation. A freestanding birth center that has been
inspected and licensed by the authority and is accredited by the commission for
accreditation of birth centers or its successor accreditation body shall be granted a
license renewal based on that accreditation. Health facilities receiving less than full
accreditation by an approved accrediting body may be granted a license renewal based
on that accreditation. License renewals shall be issued upon application submitted by
the health facility upon forms prescribed by the authority. This subsection does not limit
in any way the authority's various duties and responsibilities under other provisions of
law, including any of the authority's responsibilities for the health and safety of the
public.

    G. The authority may charge a reasonable fee not to exceed twelve dollars ($12.00)
per bed for an inpatient health facility or three hundred dollars ($300) for any other
health facility for each license application, whether initial or renewal, of an annual
license or the second consecutive issuance of a temporary license. Fees collected shall
not be refundable. All fees collected pursuant to licensure applications shall be
deposited with the state treasurer for credit in a designated authority recurring account
for use in health facility licensure and certification operations.

    H. The authority may revoke or suspend the license of a health facility or may
impose on a health facility an intermediate sanction and a civil monetary penalty
provided in Section 24A-1-6 NMSA 1978 after notice and an opportunity for a hearing
before a hearing officer designated by the authority to hear the matter and, except for
child care centers and facilities, may proceed pursuant to the Health Facility
Receivership Act upon a determination that the health facility is not in compliance with
any rule of the authority. If immediate action is required to protect human health and
safety, the secretary may suspend a license or impose an intermediate sanction
pending a hearing, provided the hearing is held within five working days of the
suspension or imposition of the sanction, unless waived by the licensee, and, except for
child care centers and facilities, may proceed ex parte pursuant to the Health Facility
Receivership Act.

   I. The authority shall schedule a hearing pursuant to Subsection H of this section if
the authority receives a request for a hearing from a licensee:

       (1)    within ten working days after receipt by the licensee of notice of
suspension, revocation, imposition of an intermediate sanction or civil monetary penalty
or denial of an initial or renewal application;

         (2)   within four working days after receipt by the licensee of an emergency
suspension order or emergency intermediate sanction imposition and notice of hearing
if the licensee wishes to waive the early hearing scheduled and request a hearing at a
later date; or

       (3)    within five working days after receipt of a cease-and-desist order.

    J. The authority shall also provide timely notice to the licensee of the date, time and
place of the hearing, identity of the hearing officer, subject matter of the hearing and
alleged violations.

    K. A hearing held pursuant to provisions of this section shall be conducted in
accordance with adjudicatory hearing rules and procedures adopted by rule of the
authority. The licensee has the right to be represented by counsel, to present all
relevant evidence by means of witnesses and books, papers, documents, records, files
and other evidence and to examine all opposing witnesses who appear on any matter
relevant to the issues. The hearing officer has the power to administer oaths on request
of any party and issue subpoenas and subpoenas duces tecum prior to or after the
commencement of the hearing to compel discovery and the attendance of witnesses
and the production of relevant books, papers, documents, records, files and other
evidence. Documents or records pertaining to abuse, neglect or exploitation of a
resident, client or patient of a health facility or other documents, records or files in the
custody of the authority or the office of the state long-term care ombudsman at the
aging and long-term services department that are relevant to the alleged violations are
discoverable and admissible as evidence in any hearing.

   L. Any party may appeal the final decision of the authority pursuant to the
provisions of Section 39-3-1.1 NMSA 1978.

    M. A complaint about a health facility received by the authority pursuant to this
section shall be promptly investigated and appropriate action shall be taken if
substantiated. The authority shall develop a health facilities protocol in conjunction with
the protective services division of the children, youth and families department, the office
of the state long-term care ombudsman and other appropriate agencies to ensure the
health, safety and rights of individuals in health facilities licensed by the authority. The
health facilities protocol shall require:

       (1)     cross-reference among agencies pursuant to this subsection of an
allegation of abuse, neglect or exploitation;

        (2)   an investigation, within the strict priority time frames established by each
protocol member's rules, of an allegation or referral of abuse, neglect or exploitation
after the authority has made a good cause determination that abuse, neglect or
exploitation occurred;

      (3)    an agency to share its investigative information and findings with other
agencies, unless otherwise prohibited by law; and

       (4)    require the receiving agency to accept the information provided pursuant
to Paragraph (3) of this subsection as potential evidence to initiate and conduct
investigations.

   N. A complaint received by the authority pursuant to this section shall not be
disclosed publicly in a manner as to identify any individuals or health facilities if upon
investigation the complaint is unsubstantiated.

    O. The name and information regarding the person making a complaint pursuant to
this section shall not be disclosed absent the consent of the informant or a court order.

History: 1978 Comp., § 24A-1-5, enacted by Laws 2024, ch. 39, § 26.
                                    ANNOTATIONS

Effective dates. — Laws 2024, ch. 39, § 134 made Laws 2024, ch. 39 effective July 1,
2024.

Temporary provisions. — Laws 2024, ch. 39, § 131 provided:

A.    On July 1, 2024:

(1)     functions, employees, money, appropriations, records, equipment and other
property of the department of health pertaining to the developmental disabilities
supports division, health improvement division and health facility licensing and
certification bureau are transferred from the department of health to the health care
authority;

(2)    all contractual obligations pertaining to the developmental disabilities supports
division, health improvement division and health facility licensing and certification
bureau shall be deemed to be contractual obligations of the health care authority; and

(3)    statutory references to the developmental disabilities supports division, health
improvement division and health facility licensing and certification bureau or other
functions transferred from the department of health to the health care authority shall be
deemed to be references to the health care authority.

B.     On July 1, 2024, functions, employees, money, appropriations, records,
equipment and other property of the office of the superintendent of insurance pertaining
to the administration of the health care affordability fund are transferred to the health
care authority. Contractual obligations of the office of the superintendent of insurance
pertaining to the health care affordability fund shall be deemed to be contractual
obligations of the health care authority.

County and municipal officials exceeded their authority by enacting abortion-
related ordinances preempted by state law. — Where several counties and
municipalities (respondents) enacted local ordinances prohibiting the mailing or receipt
of any abortion-related instrumentality and creating licensing schemes exclusive to
abortion clinics and providers, and where the state of New Mexico sought a writ of
mandamus and stay of respondents' enforcement of the ordinances and to invalidate
the ordinances as preempted by state law, the writ of mandamus was granted because
the ordinances plainly conflicted with the provisions of the Health Care Code, which
imposes uniformity in access and quality of health care throughout the state. State ex
rel. Torrez v. Bd. of Cnty. Comm'rs for Lea Cnty., 2025-NMSC-011.