Long-Term Care Ombudsman Program
Toll-free 1-866-451-2901 • www.nmaging.state.nm.us
March 24, 2020
SUBMITTED VIA EMAIL
Chris Burmeister
Division Director, Health Improvement
New Mexico Department of Health
2040 S. Pacheco,
Santa Fe, NM 87505
RE: Public Comment on Boarding Home Regulations
Dear Mr. Burmeister,
The Long-Term Care Ombudsman Program is grateful for the opportunity to comment on the Boarding
Home Regulations. In this letter we list our concerns and provide recommendations for specific
sections of the regulations. The recommendations are based on prior experience that Ombudsman
have had working with the population the boarding homes serve. We are especially interested in
making sure that the staff of boarding homes have proper training, residents’ basic needs are provided
for, and there are due process protections for residents in the event of an eviction.
Staff Training (Section 7.8.4.31):
o Subsection (B): Considering the population that boarding homes serve, we recommend
adding a training for mental health first aid and substance use disorders.
Resident Acceptance, Admissions, and Discharges (Section 7.8.4.35):
o Subsection (A): “The facility shall develop admission and discharge criteria and
agreements.”
This language does not provide sufficient protections for residents from
inappropriate or unlawful evictions. Residents of boarding homes have very few
other housing options, and will likely experience homelessness if they are
evicted.
If Landlord-Tenant Law does not apply to licensed boarding homes, then consider
requiring:
30-day Discharge Notice which states: reason(s) that the
resident is at risk of discharge, including specific circumstances or events
that resulted in the pending discharge; changes that would need to occur
in order for the resident to remain; Provide active, ongoing support and
flexible interventions to support the resident in making progress towards
complying.
If discharge is contemplated due to not being able to meet the
resident’s needs: update the resident’s Needs and Services Plan to
include a 30-day plan to meet the needs of the resident and stabilize the
resident. The licensee shall make a good faith reasonable effort to
collaborate with the resident and any other supports identified by the
resident. If at the end of the 30 days resident’s needs still can’t be met,
then a 30-day discharge notice can be issued.
Exceptions to 30-day discharge notice: when the resident’s welfare is at
risk and his/her needs can’t be met in the facility, or the health or safety
of others in the facility is endangered. In these situations, a discharge
notice must be provided as soon as practicable to the resident and to the
Office of the State Long-Term Care Ombudsman.
For discharges initiated by the boarding home, the boarding home must
notify the resident and the resident’s representative(s) of the discharge
and the reasons for the move in writing and in a language and manner
they understand. Additionally, the boarding home must send a copy of
the notice of the discharge to the representative of the Office of the
State Long-Term Care Ombudsman.
Discharge Appeals: Currently the regulations do not provide an appeal process
for discharges / evictions. Without the due process protections included in
landlord-tenant law, residents do not have a recourse if they are unjustly
removed from the boarding home. An appeal process is essential to protect
residents’ access to a basic need like housing.
Needs and Services Plan (Section 7.8.4.38):
o Subsection (A): “If the resident is to be admitted, then prior to admission, the licensee
shall complete a written needs and services plan.”
Add as (7) – any individual the resident believes would be beneficial to inform
the Needs and Services Plan.
Resident Rights (Section 7.8.4.40): Do residents have keys to the property, or curfews?
o Subsection (D): Some homes have restricted when residents can be onsite. We
recommend adding to section a right to free access to the premises. This language will
also help to discourage curfews.
o Subsection (D)(8): “protect the resident's right to receive visitors during designated
visiting hours except when restricted for good cause.”
Having designated visiting hours is too restrictive. Neither Nursing Home nor
Assisted Living regulations refer to designated visiting hours.
o Subsection (D)(9): add “Long-Term Care Ombudsman” to the list
Nutrition (Section 7.8.4.41): Historically many homes had three meals a day prepared but
residents were told to leave and eat at the senior center, or they were told meal times are very
restricted (e.g. breakfast from 6am – 6:15 am). We recommend residents be permitted to eat
meals when they are able to, not just when the meal is served.
Toilets, Lavatories, and Bathing Facilities (Section 7.8.4.61): Our Ombudsman who have
visited boarding homes have found residents who do not have regular access to hot water. We
recommend adding that lavatories should have hot water for hand washing and bathing.
Thank you for your consideration of these recommendations.
Sincerely,
Linnea Forsythe
New Mexico State Long-Term Care Ombudsman
