2017 New Mexico Statutes
Chapter 28 - Human Rights
Article 17 - Long-Term Care Ombudsman
Section 28-17-3 - Definitions.

28-17-3. Definitions.

As used in the Long-Term Care Ombudsman Act:

A. "adult protective services" means the agency's adult protective services division that receives and investigates reports of adult abuse, neglect or exploitation;

B. "agency" means the aging and long-term services department;

C. "care" means assistance with the activities of daily living, including eating, dressing, oral hygiene, bathing, mobility, toileting, grooming, taking medications, transferring from a bed or chair and walking;

D. "director" means the secretary of aging and long-term services;

E. "informed consent" means an agreement by a resident or a resident's surrogate decision-maker to allow a disclosure of information, made with full knowledge of the risks involved and the available alternatives, that is made in writing or through the use of auxiliary aids and services or communicated by a resident or a resident's surrogate decision-maker orally, visually or through the use of auxiliary aids and services and such consent is documented contemporaneously by a representative of the office;

F. "licensing and certification" means the licensing and certification bureau of the department of health;

G. "long-term care facility" means any residential facility that provides care to one or more persons unrelated to the owner or operator of the facility, including:

(1) a skilled nursing facility;

(2) an intermediate care nursing facility, including an intermediate care facility for the intellectually disabled;

(3) a nursing facility;

(4) an adult residential shelter care home;

(5) a boarding home;

(6) any other adult care home or adult residential care facility;

(7) a continuing care community;

(8) any swing bed in an acute care facility or extended care facility; and

(9) any adult daycare facility;

H. "office" means the office of the state long-term care ombudsman;

I. "Older Americans Act" means the federal Older Americans Act of 1965;

J. "ombudsman" means an employee or volunteer of the office who is trained and certified to act as a representative of the office;

K. "ombudsman coordinator" means the coordinator of a regional or local ombudsman program designated by the office;

L. "program" means the New Mexico long-term care ombudsman program;

M. "resident" means any patient, client or person residing in and receiving care in a long-term care facility;

N. "state ombudsman" means the individual who heads the office and supervises the ombudsmen; and

O. "surrogate decision-maker" means any of the following:

(1) an individual chosen by a resident to act on the resident's behalf to support the resident in decision-making; accessing medical, social or other personal information of the resident; managing financial matters; or receiving notifications;

(2) an individual authorized by state or federal law, including an agent pursuant to a power of attorney, a representative payee or other fiduciary of the resident, to act on behalf of a resident to support the resident in decision-making; accessing medical, social or other personal information of the resident; managing financial matters; or receiving notifications;

(3) a resident's legal representative; or

(4) the court-appointed guardian or conservator of a resident.

History: Laws 1989, ch. 208, 3; 1997, ch. 257, 2; 2017, ch. 81, 2.