N.M. Admin. Code § 8.371.9.10
Current through Register Vol. 35, No. 23, December 10, 2024
Section 8.371.9.10 - DISCHARGEA. A person may be discharged from an ICF/MR when the individual/guardian requests to be discharged; when the person's interdisciplinary team recommends the facility cannot meet the individual's needs; the individual no longer requires an active treatment program in an ICF/MR setting; the discharge would be more beneficial to the person; or for any other good cause. Any decision to discharge a person from an ICF/MR based on good cause must be adequately justified in writing by the ICF/MR and reviewed by the HCA prior to discharge.B. The ICF/MR will ensure the person's family/guardian and the person's advocate is involved in the interdisciplinary team process, involving a discussion and proposed decision regarding discharge.C. The ICF/MR will ensure a transition plan is developed 30 working days prior to discharge in accordance with HCA policies on discharge and transition of persons in services.D. The ICF/MR will ensure the person and their guardian are fully informed of their right to a fair hearing in accordance with 42 CFR 431.200-431.250.E. The ICF/MR will ensure any discharge decision is carried out in accordance with provisions of 42 CFR 456.380.N.M. Admin. Code § 8.371.9.10
Adopted by New Mexico Register, Volume XXXV, Issue 12, June 25, 2024, eff. 7/1/2024