This rule was filed as New Mexico Veterans Center Policy No. 0, Mission Statement, No.1, Governing Body and Administration, No. 2, Organization, No. 3, Equal Opportunity and Civil Rights, No. 4, Establishment of Policy and Procedure, No. 5, Code of Conduct, No. 6, Admission Requirements, No. 7, Care and Maintenance Charges, No. 8, Nepotism.

 

TITLE 7                 HEALTH

CHAPTER 25       STATE HEALTH INSTITUTIONS

PART 10               NEW MEXICO VETERANS CENTER POLICY

 

7.25.10.1               ISSUING AGENCY:  Veterans Service Commission, New Mexico Veterans Center.

[Recompiled 10/31/01]

 

7.25.10.2               SCOPE:  [RESERVED]

[Recompiled 10/31/01]

 

7.25.10.3               STATUTORY AUTHORITY:  [RESERVED]

[Recompiled 10/31/01]

 

7.25.10.4               DURATION:  [RESERVED]

[Recompiled 10/31/01]

 

7.25.10.5               EFFECTIVE DATE:  [RESERVED]

[Recompiled 10/31/01]

 

7.25.10.6               OBJECTIVE:  [RESERVED]

[Recompiled 10/31/01]

 

7.25.10.7               DEFINITIONS:  [RESERVED]

[Recompiled 10/31/01]

 

7.25.10.8               MISSION STATEMENT:

                A.            It is the mission of the New Mexico veterans center to provide the highest quality of nursing and domiciliary services to veterans honorably discharged from the United States armed services and who are disabled by age, disease, or otherwise and by reason of such disability are incapable of earning a living.  The center supports the principle of prohibiting discrimination based on race, religion, color or national origin.

                B.            The ultimate aim of the facility is to create and maintain an environment of friendliness, warmth and understanding between residents and staff and to provide a community where aging and disabled veterans can live out their lives in comfort and dignity.  Service provided by the center includes medical and twenty-four hour nursing care; physical therapy; occupational therapy; social services; housekeeping services; dietary services; recreation services; and spiritual comfort.

                C.            The center recognizes that the needs of the disabled veterans are not static, and thus each person served must receive comprehensive recurring assessments as his or her needs change.  A number of different staff specialists are employed to provide assessments and can furnish medical diagnosis; assessment of health status; nutritional assessment; rehabilitative assessment and social assessment.

                D.            Since the New Mexico veterans center is the only facility of its type in New Mexico, we must be aware of the needs of veterans throughout the state, and the resources that exist in each area.  In addition, we can be looked upon as a resource center for assisting veterans and families of veterans.  We will work closely with other providers in the public and private sector to achieve a continuum of appropriate services.  We will continue to develop relationships with schools of higher education in New Mexico and support and participate in training and research activities that increase the body of knowledge in long-term care facilities.

[Recompiled 10/31/01]

 

7.25.10.9               GOVERNING BODY AND ADMINISTRATION:

                A.            Purpose:  To define the ultimate responsibility of the veterans service commission in relationship to the administrator and the New Mexico veterans center.

                B.            Policy:  It shall be the policy of the New Mexico veterans center, in accordance with New Mexico Statutes Annotated, 1978 Compilation, Section 23-4-1 through 23-4-2, that the center shall be under the control of the New Mexico veterans service commision which shall appoint an executive director for the center.  The executive director shall appoint, subject to the provisions of the State Personnel Act, such personnel as may be necessary for the efficient performance of the duties prescribed in Sections 23-4-1 through 23-4-4.1, NMSA 1978 Compilation.

                C.            Governing body responsibilities:

                    (1)     Appointing an executive director as the official representative of the governing body and formalizing responsibilities and authority of the administration.

                    (2)     Adopting a statement of the facility's missions and objectives to include the types of services to be offered.

                    (3)     Adopting, reviewing and revising policies describing the organization of the facility and establishing authority and responsibility.

                    (4)     Adopting effective administrative and resident care policies designed to assure maintenance of professional standards.

                    (5)     Designating veterans service commission officers and their duties.  This will include scheduling of meetings, attendance requirements, and recording minutes.

                    (6)     Providing for regular attendance at committee meetings by the administrator or his designee and providing for submission of regular reports to the governing body.

                    (7)     Providing a physical plant, equipment, and staff appropriate to the needs of residents.

                    (8)     Approving annual budgets that reflect and carry out the objectives of the facility.

                    (9)     Assuring that the facility is licensed and certified by the appropriate agencies, and that all facility personnel meet the legal requirements of licensing, certification, or requisition of their occupations in accordance with federal, state, and local requirements.

                D.            Administrator's responsibilities:

                    (1)     Adopting and enforcing rules, regulations, and procedures concerning the health care and safety of residents and the protection of their personal and property rights.

                    (2)     Appointing a designee to act in his absence so that administrative direction is provided at all times.

                    (3)     Establishing and implementing the resident care policies, personnel policies, and other policies of the facility.

                    (4)     Maintaining a file of any incident report to include the time, date, and nature of the incident, the circumstances involved, the action taken, any other information considered essential, and insure that each report is dated and signed.

                    (5)     Evaluating and implementing, if feasible, any recommendations from the facility's committees and consultants.

                    (6)     Managing the on-going functions of the facility by employing adequate numbers of appropriately trained staff and auxiliary personnel and delegating duties appropriately.

                    (7)     Providing that the volunteer program is planned and supervised by a designated individual, and that volunteers are given a thorough orientation to the facility and its objectives, services, staff, routines and limitations.

                    (8)     Delegating responsibility for discharge planning to one or more individuals of the facility's staff.

                    (9)     Maintaining on-going liaison with the governing body and with the medical, nursing, and other professional and supervisory staff through regularly scheduled meetings and periodic reports.

                    (10)     Attending continuing education institutes and workshops are required by state licensing requirements.

[Recompiled 10/31/01]

 

7.25.10.10             ORGANIZATION:

                A.            Purpose: To outline the basic organization of the New Mexico veterans center; establish lines of authority and responsibility for all personnel; and define often used terms.  See attached organizational chart and description of structure.

                B.            Definition:

                    (1)     Administrator: Exercises overall supervision, responsibility, and direction of the facility.  He is directly responsible to the veterans service commission.

                    (2)     Assistant administrator: Assists the administrator in providing overall supervision, responsibility, and direction of the facility.  He assumes the duties of the administrator in his absence.

                    (3)     Division: Major organizational component comprising of one or more departments.  The division head exercises overall supervision and is responsible for all activities within that division.

                    (4)     Department: Lesser organization component comprised by major function or mission.  The department head is responsible for the supervision and operation of his department and reports to his respective division head.

                    (5)     Section: Next lower organizational element under a department.  An area may also be considered a section.  The section chief reports to the unit department head.

                C.            Organizational structure:

                    (1)     The purpose of the attached organizational chart is to establish clear lines of authority and responsibility in order to achieve accountability for program and administrative services.  The chart reflects the major divisions responsible to the administrator and the sections and departments reporting to the division heads.

                    (2)     Individual division heads have sole responsibility for the operation of their respective divisions.  Activities, functions and roles of personnel assigned, and the administration of the respective departments assigned will be the responsibility of the division head.  Problems which occur involving more than one division will first be defined by the respective heads, and a method of solving the problem arrived between them.  On occasions where solutions cannot be reached, the administrator will determine the solution, and the division heads will implement such decisions.

                    (3)     Division heads shall establish written numbered procedures for the individual functions under his/her direct supervision and will review and update such procedures annually.  Division heads will establish methods of monitoring his/her division's functions according to regulations and standards of the joint commission on accreditation of hospitals (JCAH) and intermediate care facilities (ICF).  Divisions who have responsibility for additional standards for compliance, i.e., Occupational Safety and Health Act (OSHA), Life Safety Code, American national standards institute (ANSI), etc., will establish guidelines and monitoring procedures for these responsibilities.  In addition, each division head will establish and maintain organizational and functional role descriptions and supervisory relationships to be approved by the administrator.

                D.            Responsibilities: In accordance with this organizational concept, the following management practices apply:

                    (1)     The director of medical services reports to the administrator and is fully responsible for maintaining the general health conditions and medical practices of the facility.  He is responsible for assuring that the quality of medical services and health care is in comformity with all applicable federal, state, and local laws, regulations, codes, rules, and policies.  He is responsible for assigning, directing, and evaluating the performance of the staff assigned to his division; for making appropriate medical services available at all times to the residents; for planning, preparing and controlling the division's inter-disciplinary team approach to active treatment; and for maintaining communication with the other divisions and with the administrator.

                    (2)     The nursing services department reports to the director of medical services and is responsible for providing medical and health care needs for the residents on a twenty-four hour, seven-day per week basis.  Training will be provided for staff on an on-going basis.  The department will insure that residents are provided with rehabilitative nursing care, and that residents are kept comfortable, clean, neat, and well groomed.

                    (3)     The rehabilitation services department reports to the medical services director and is responsible for providing a variety of activities, both inside and outside the facility, to provide recreational, social, educational, creative, and spiritual activities for all residents.  Residents will be encouraged to participate in community activities, both independently and as planned activities.  A full array of physical therapy, occupational therapy, and recreational services will be provided.

                    (4)     The director of administrative services reports to the administrator and is responsible for the activities of the following departments: personnel, fiscal, maintenance, and food services.  He is responsible for maintaining adequate, modern administrative support to efficiently meet the needs of, and contribute to the program services for the residents.  He is responsible for seeing that the division's practices are in comformity with all applicable federal, state, and local laws, rules, regulations, codes, and policies.  He is responsible for maintaining clean and sanitary surroundings at all times.

                    (5)     The director of administrative services is also responsible for maintaining an efficient system of laundry services to all of the resident and support areas.  He is responsible for establishing and maintaining a program which fully meets the day-to-day nutritional needs of the resident.  He is responsible for assuring adequate and modern accounting for all receipts and expenditures.

                    (6)     The director of administrative services is also responsible for the overall preparation and monitoring of the institution's budget and for communicating orally and in written form to all divisions and sections regarding budget status.  He is responsible for sound leave practices and for an on-going evaluation of staff leave status at all levels.  He is responsible for all purchasing and property control procedures.

                    (7)     The maintenance department head reports to the director of administrative services and is responsible for the general maintenance of the grounds and roadways, buildings, and structures, maintenance of vehicles and oversees the housekeeping operations.  The director is charged with providing a safe and accessible environment for residents and staff and assuring that good maintenance practices are followed.  Maintenance of the facility will include remodeling, replacement, repair or deletion of facility structures, materials and machinery as required, while assuring that such remodeling, repair or deletions are necessary for the benefit of the residents.  The director will comply with the New Mexico Uniform Building Code, ANSI, Standards of ICF/MR, Fire Code, and all state, federal, local building requirements.  All work performed at the facility will be based on 504 accessibility criteria and will conform to a high standard of product selection.  In addition, the director of the division will prepare all necessary reports on energy usage; preventative maintenance, budget and inventory utilization as required by the administrator.  Recruitment of staff will be based on the needs of the facility, availability of funds, and the specialties or trades required for the efficient operation of the facility.

                    (8)     The personnel director reports to the director of administrative services and is responsible for the day-to-day operation of the personnel department and in-service training.  The director will be responsible for the overall monitoring of the employees of the facility in terms of evaluation, promotion, and compliance with state personnel board rules and Title VI, Section 504, and applicable laws and contracts.  The director will provide current and valid data on a day-to-day basis on the status of the employees of the facility in terms of vacancy, promotion, transfer, and termination and performance evaluation.  In addition, he will initiate special studies periodically to determine absenteeism, educational achievement, turnover rates, and other areas related to personnel.  The director will assure smooth and efficient handling of all personnel actions; constantly cooperating with other divisions, departments, and units of the facility in defining and resolving personnel related problems.  Each year in the preparation of budget requests, the director will provide a current and accurate listing of all positions in conjunction with, or as part of, the overall budget request.  In-service training (basic orientation) will be provided to all new employees prior to the employee reporting to the work station.  On-going training needs will be assessed and provided as needed, in cooperation with other facility staff and departments.

                    (9)     The food services director reports directly to the director of administrator services and is responsible for the dietary, nutritional and food services operations.  Dietetic services will meet the nutritional, therapeutic, psychosocial, and special dietary needs of the residents.  Food will be served in an attractive manner, at the proper temperature, and will meet the individual needs of the residents.

                    (10)     The fiscal director reports directly to the administrative services director and is responsible for the facility budget and expenditures, maintenance of accurate accounting procedures, payroll, supplies, and purchasing procedures.  He will insure that accounts receivable and accounts payable are accurate and reflect the correct accounting procedures as directed by the state of New Mexico.

                    (11)     The medical director will report directly to the administrator.  His responsibilities will consist of assuring that all residents receive proper medical care by a licensed physician, developing procedures for handling medical emergencies and transfers to other health care facilities as necessary, monitoring the health status of employees, consulting in the development and maintenance of an adequate medical record system and advising the administrator regarding the scope and appropriateness of medical services for residents, the facility's equipment, and its support staff.

                    (12)     The medical records administrator reports directly to the administrator and will be responsible for assuring that the medical records are complete, readily accessible, and systematically diagnosed to facilitate retrieval and the compilation of information.  In addition, he is responsible for maintaining the security and confidentiality of records and assuring that only authorized personnel have access to them.

                    (13)     The social services director reports directly to the assistant administrator and is responsible for providing services necessary to identify and meet the psychological needs of all residents.  He will be responsible for participating in resident care management by being a part of the multi-disciplinary team, assessing the residents' psychosocial needs and assisting in developing a multidisciplinary plan of care for each resident.  Social services provides the liaison between the resident, his family, the community, and the facility.

[Recompiled 10/31/01]

Organizational Chart

 

7.25.10.11             EQUAL OPPORTUNITY AND CIVIL RIGHTS:

                A.            Purpose:  To assure full compliance with state and federal laws, rules, and regulations in relation to non-discrimination and civil rights.

                B.            Policy:  It shall be the policy of the New Mexico veterans center, in accordance with New Mexico Statutes Annotated, 1978 Compilation, Section 28-1-7, that:

                    (1)     It is an unlawful discriminatory practice for an employee, unless based on a bona fide occupational qualification, to refuse to hire, to discharge, to promote or demote, or to discriminate in matters of compensation, terms, conditions, or privileges of employment against any person otherwise qualified because of race, age, religion, color, national origin, ancestry, sex, or physical or mental handicap.

                    (2)     Furthermore, the facility subscribes to the requirements and intent of the Civil Rights Act of 1964, the Age Discrimination Act of 1967, and the Rehabilitation Act of 1973.

                    (3)     If an employee feels he has been discriminated, he may elect to contact the human rights commission in Santa Fe.  An employee filing a charge of discrimination based on any area of illegal or unlawful discrimination is protected from any type of reprisal.  Any employee may freely file an allegation of discrimination and be assured of full and fair consideration of that complaint.

[Recompiled 10/31/01]

 

7.25.10.12             ESTABLISHMENT OF POLICY AND PROCEDURE:

                A.            Purpose:  To provide guidance and direction for establishment of center policy and procedure.

                B.            Background: New Mexico Statutes Annotated, 1978 Compilation, Section 28-13-5, provide that the veterans service commission, as part of their powers and duties, shall make rules and regulations as may be necessary.  As part of the duties of the administrator, he shall establish procedures to carry out the policies of the commission.

                C.            Definitions:

                    (1)     Policy: The overall plan embracing the general goals and objectives of the facility.

                    (2)     Procedure: A particular method for carrying out the policy of the facility.

                D.            Policy: It shall be the policy of the New Mexico veterans center that only the veterans service commission can establish policy.  Policy must be formally adopted by the Commission at a public meeting and signed off by the commission chairman.

                    (1)     Any section which implies a new policy or procedure or a change in an existing policy or procedure shall be referred to the administrator.  He shall have it formalized in writing, and, if necessary, submitted to the veterans service commission for approval.

                    (2)     All facility procedures will be signed by and issued from the office of the administrator.

                    (3)     Each division and department will develop written procedure manuals for their respective areas.

                    (4)     All procedures and policies shall be reviewed at least annually by the veterans service commission and the administrator.

[Recompiled 10/31/01]

 

7.25.10.13             CODE OF CONDUCT:

                A.            Purpose: To prescribe a code of conduct for the New Mexico Veterans Center in accordance with New Mexico Statutes Annotated, 1978 Compilation, Section 10-16-11.

                B.            Policy: It shall be the policy of the New Mexico veterans center that a code of conduct for employees shall be established and shall be required reading by all employees.

                C.            General requirements:

                    (1)     Each employee shall be expected to serve diligently, loyally, and cooperatively; to exercise courtesy and dignity; and to conduct himself, both on and off duty, in a manner reflecting credit upon himself and the New Mexico veterans center.

                    (2)     An employee shall avoid any action which might result in, or create the appearance of:

                              (a)     using public office for private gain;

                              (b)     giving preferential treatment to any person, group, or organization;

                              (c)     impeding state government efficiency or economy;

                              (d)     losing complete independence or impartiality;

                              (e)     making a state government decision outside official channels.

                    (3)     An employee shall not attempt to accomplish indirectly - through his immediate family or otherwise  any activity which he is prohibited from doing directly.

                    (4)     Employees shall not discriminate on the grounds of race, age, religion, ancestry, color, sex, or national origin in providing services.  They shall not discriminate on those grounds or any other improper ground in any employment matter.  Employees are responsible to cooperate in making equal opportunity for all a reality in the New Mexico veterans center.

                    (5)     The veterans service commission and the administrator shall encourage the good conduct of employees by setting the example, by dealing with them considerately and impartially, and by showing sincere concern for them as individuals.

                D.            Financial interests:

                    (1)     An employee shall not have a direct or indirect financial interest that conflicts substantially, or appears to conflict substantially, with his state government duties and responsibilities.

                    (2)     An employee shall not engage, directly or indirectly, in a financial transaction as a result of or primarily relying on, information obtained through his state employment.

                E.             Use of state government property:

                    (1)     Each employee shall protect and conserve state government property, including equipment, supplies, and other property entrusted or issued to him.

                    (2)     An employee shall not willfully damage or otherwise misuse state government property, including vehicles, equipment, tools, and instruments.

                F.             Disclosure or misuse of information:

                    (1)     An employee shall not, directly or indirectly, use for the purpose of furthering a private interest, or allow such use of, official information obtained through or in connection with his state employment which has not been made available to the general public.

                    (2)     An employee shall not, except as specifically authorized, disclose any official information which represents a matter of confidence or trust or any other official information of such character that its disclosure or use would be contrary to the best interest of the state, the veterans service commission, or the veterans being served by the New Mexico veterans center.

                G.            I hereby certify that I have read the above code of conduct in its entirety, and as an employee of the New Mexico veterans service commission state of New Mexico, I further certify that I have complied with every action of the above code of conduct and have no conflict of interest in any manner with the above.

[Recompiled 10/31/01]

 

7.25.10.14             ADMISSION REQUIREMENTS:

                A.            Purpose: To establish policy and procedures relating to admission requirements to the New Mexico veterans center.

                B.            Background: The New Mexico veterans center was established by the New Mexico legislature to provide residential services to veterans of service in the armed forces of the United States.  These services provide for the highest quality of nursing care along with a safe environment which will give the veteran a sense of well‑being and dignity in his or her remaining years and to rehabilitate him or her to his or her highest potential.

                C.            Policy: It shall be the policy of the New Mexico veterans center, in accordance with New Mexico Statutes Annotated, 1978 Compilation, Section 23-4-3, that:

                    (1)     Occupancy in the center shall be only for veterans of service in the armed forces of the United States who have served at least ninety days of active duty during a period of war or who have served under conditions comparable thereto, pursuant to rules and regulations adopted by the New Mexico veterans service commission.  The following requirements for admission and continued occupancy shall prevail:

                              (a)     release or separation from the service with an honorable discharge; and

                              (b)     residency in New Mexico at the time of entering the armed forces, or in the alternative, residing in the state for five or more of the nine years immediately preceding the date of application.

                    (2)     Whenever a law, rule or regulation of the veterans administration of the federal government or any other law permits the state to receive federal funds for the use and benefit of the center, upon acceptance of a veteran of the armed forces of the United States not meeting the requirements of Subsection A of this section [now Subsection A of 7.25.10.14 NMAC], the New Mexico veterans service commission may adopt rules and regulations to authorize such veteran's acceptance.

                    (3)     Preference and priority in admission shall be granted to New Mexico veterans in accordance with the laws of New Mexico.

                    (4)     If there are vacant beds available, veterans of other states shall then be allowed admission, provided they have been separated from the service with an honorable discharge.

                D.            Levels of care:

                    (1)     Domiciliary: Residents should possess self-help skills, e.g., dressing, feeding, and bathing self; require no hospital care or nursing care; not be acutely ill; and should not be a danger to self or others.

                    (2)     Nursing: Residents may be ambulatory or non-ambulatory; may require assistance with self-help skills; require immediate nursing care; and should not be a danger to self or others.

                    (3)     Residents admitted should be free of communicable diseases as determined by the center medical director or physician.

                E.             Procedure:

                    (1)     An approved application from, including biographical data, establishing eligibility.  Applicants must include evidence of military service in the form of an honorable discharge from the armed forces of the United States (DD-124 or equivalent document.)

                    (2)     An agreement for payment of fees where applicable.

                    (3)     A physical examination by a physician licensed to practice in New Mexico.

                    (4)     An agreement to abide by the rules and regulations of the Center.

                F.             All applicants will be reviewed by the admissions committee consisting of the administrator, medical director, director of nurses, social worker, and medical records administrator, who shall determine eligibility and appropriateness of admission.  Applicants will promptly be notified of the findings of the committee, and if approved and a vacancy exists, the applicant will be invited for admission.  Should a vacancy not exist, the applicant will be placed on a waiting list and advised in writing of the delay to be expected.

                G.            Should the applicant disagree with the review of the admissions committee, he or she may appeal the findings to the veterans service commission, who shall review the decision of the committee.

[Recompiled 10/31/01]

 

7.25.10.15             CARE AND MAINTENANCE CHARGES:

                A.            Purpose:  To establish policy and procedures relating to the scope and care offered and the maintenance charges for service.

                B.            Background: Although the state of New Mexico and the veterans administration pay for the majority of costs of care, it is necessary for the center to charge residents for services in order to provide the full range of services offered.  These charges shall be based upon total income of the residents and based on their ability to pay.

                C.            Policy: It shall be the policy of the New Mexico veterans center, in accordance with the New Mexico Statutes Annotated, 1978 Compilation, Section 23-4-4, that:

                    (1)     Patients of the New Mexico veterans center shall be assessed a monthly care and maintenance charge based upon the level of care provided to them and their individual ability to pay.  The claim of the state for such care and treatment shall constitute a valid indebtedness against any such patient and his estate shall not be barred by any statute of limitations.  At the death of the patient, this claim shall be allowed and paid as other lawful claims against the estate.

                    (2)     Nursing care charge and scope of services provided:

                              (a)     The charge for nursing care of patients shall be set by the veterans service commission.

                              (b)     Nursing care shall include room and board in the nursing care section of the veterans center and the full range of medical and nursing services offered in-house at the center.  Medical and nursing services shall minimally include: staff physician services, intermediate nursing care, all required medications and their administration, all necessary x-ray and laboratory services which are performed by the center, and all required therapy performed by the center.  Nursing care does not include those medical or other services which a patient requires or receives beyond those provided within or by the center, personal discretionary use items, such as tobacco or the purchase or laundry of street clothes.

                    (3)     Domiciliary care charge and scope of services provided:

                              (a)     The charge for domiciliary care to patients shall be set by the veterans service commission.

                              (b)     Domiciliary care shall include room and board in the domiciliary section of the veterans center and limited medical care services offered by the center.  Medical services shall minimally include staff physician services, all required medications, all necessary x-ray and laboratory services which are performed by the center, and all required therapy performed by the center.  Domiciliary care does not include intermediate nursing care, administration of medications, required medical or other services not performed by the center, personal discretionary use items, such as tobacco or the purchase or laundry of street clothes.

                    (4)     Care and maintenance charge adjustments and exclusions:

                              (a)     Care and maintenance charges shall be computed in a manner to maximize the veterans administration pension and compensation benefits to which the veteran is entitled.

                              (b)     Care and maintenance charges shall be computed in a manner to assure that the veteran retains an equitable amount to be set by the veterans service commission.

                              (c)     The care and maintenance charge shall not exceed three times the per diem paid by the veterans administration for the type of care provided.

                              (d)     The ability or inability of a resident to pay the established rates shall not reflect adversely upon his admission to the center.

                              (e)     Any patient of the New Mexico veterans center or his/her guardian may seek a reduction or waiver of care and maintenance charges for reasons of financial hardship by requesting a review of his/her case by the New Mexico veterans service commission.  Requests for review of care and maintenance charges shall be submitted in writing to the center administrator or to the chairman of the veterans service commission and shall describe as fully as possible the reasons the patient is seeking relief and the extent of the relief from care and maintenance charges requested.  Upon receiving a request for relief of care and maintenance charges from a patient, the veterans center administrator shall assist the veteran in preparing the formal request and shall conduct a thorough investigation of the circumstances.  The request for relief, all pertinent information, and the recommendation of the center administrator shall then be forwarded to the chairman of the veterans service commission for submission to the veterans service commission for review and action.

                    (5)     Other factors governing assessment and payment of care and maintenance charges:

                              (a)     Care and maintenance charges begin on the first day of admission.

                              (b)     Care and maintenance charges are to be paid on the first of each month or as soon thereafter as possible for the care and maintenance to be received in the following month.

                              (c)     Any patient, his/her guardian, or legal spouse, who knowingly withholds or falsifies income or resource date or who withholds payment of assessed care and maintenance charges may subject the patient to discharge and forfeiture of benefits and may subject the patient, or other parties responsible, to legal action related to the recovery of valid indebtedness to the state of New Mexico.

                              (d)     When a patient's veterans administration compensation and pension benefits have been reduced or stopped due to excessive resources or estate, a care and maintenance charge shall continue to be assessed at the level which would otherwise be indicated if the-patient was still entitled to receive full veterans administration compensation and benefits.

                              (e)     Income will be rounded to the nearest whole dollar when computing care and maintenance charges, and the care and maintenance charges will be rounded to the nearest whole dollar when assessments are made.

                              (f)     Patients on leave from the center for outside hospitalization or medical care shall not be charged for care and maintenance after their fourth day of absence.  Patients on leave from the center for personal reasons of their own volition shall continue to be charged for care and maintenance for such period of their leave that their bed is being held open for them.

[Recompiled 10/31/01]

 

7.25.10.16             NEPOTISM:

                A.            Purpose:  To establish guidelines concerning hiring, transfer or promotion of employees who are related to other employees.

                B.            Definition: Relative is defined as the parent, spouse, child, brother, sister, brother-in-law, sister-in-law, father-in-law, mother-in-law, and persons residing in the incumbent's household.

                C.            Policy: It is the policy of the New Mexico veterans center to regulate the hiring and supervision of relatives in the following manner:

                    (1)     Applicants for vacant positions will be required to complete a form disclosing any relatives he/she has in the hospital.  (See attached form.)

                    (2)     New hires related to current employees shall not be selected for any vacancy if the selection will result in either the candidate or his/her relative becoming the supervisor of the other.

                    (3)     All current employees who wish to apply for vacancies will be made aware of the fact that no transfer or promotion will be approved or permitted if, as a result of transfer or promotion, either the candidate or his/her relative will be an immediate supervisor of the other.

                    (4)     In addition to the preceding, it is strongly recommended that close relatives, as defined above, not work in the same department or section.

                    (5)     Any exception from the above will be justified to the hospital administrator and/or the chairman of the veterans service commission.

[Recompiled 10/31/01]

 

HISTORY OF 7.25.10 NMAC:

Pre-NMAC History:  The material in this part was derived from that previously filed with the State Records Center:

New Mexico Veterans Center Policy No. 0, Mission Statement, 8/27/85.

New Mexico Veterans Center Policy No. 1, Governing Body and Administration, 8/27/85.

New Mexico Veterans Center Policy No. 2, Organization, 8/27/85.

New Mexico Veterans Center Policy No. 3, Equal Opportunity and Civil Rights, 8/27/85.

New Mexico Veterans Center Policy No. 4, Establishment of Policy and Procedure, 8/27/85.

New Mexico Veterans Center Policy No. 5, Code of Conduct, 8/27/85.

New Mexico Veterans Center Policy No. 6, Admission Requirements, 8/27/85.

New Mexico Veterans Center Policy No. 7, Care and Maintenance Charges, 8/27/85.

New Mexico Veterans Center Policy No. 8, Nepotism, 8/27/85.

 

History of Repealed Material:  [RESERVED]