Applying for initial licensure

Application for initial licensure

Deciding to open an ALF can be a daunting task due to the sheer number of regulations you must follow. You have jumped through so many hoops, renovated home to meet the state requirements, designed your logo, chose a name, etc. and now the next step towards accepting residents is receiving your license from the NM Department of Health. Be sure to familiarize yourself with the following regulation prior to submitting an application for licensing:                    GENERAL LICENSING REQUIREMENTS:

  1. Licensure is required.  No person or entity shall establish, maintain or operate an assisted living facility without first obtaining a license.
  2. Application for licensure.  An initial or renewal application shall be made on the forms prescribed by and available from the licensing authority.  The issuance of an application form is not a guarantee that the completed application will be accepted, or that the department will issue a license.  Information provided by the facility and used by the licensing authority for the licensing process shall be accurate and truthful.  The licensing authority will not issue a new license if the applicant has had a health facility license revoked or renewal denied or has surrendered a license under threat of revocation or denial of renewal.  The licensing authority may not issue a new license if the applicant has been cited repeatedly for violations of applicable rules found to be class A or class B deficiencies as defined in Health Facility Sanctions and Civil Monetary Penalties, 7.1.8 NMAC or has been non-compliant with plans of correction.  The licensing authority will not issue a license until the applicant has supplied all of the information that is required by this rule.  Any facility that fails to participate in good faith by falsifying information presented in the licensing process shall be denied licensure by the department.  The following information shall be submitted to the licensing authority for approval:

(1)           a letter of intent that includes the proposed physical address, the primary population of the facility, and a summary of the proposed services; after the letter of intent has been received, an application packet including; the application form, fee schedule, and the licensing rule will be issued to the applicant by the licensing authority;

(2)           the completed and notarized application and the appropriate non-refundable fee(s);

(3)           a program narrative identifying and detailing the geographic service area, the primary population including any special needs requirements, along with a full description of the services that the applicant proposes to provide including:

(a)           a description of the characteristics of the proposed population of the facility;

(b)           a description of the services and care that will be provided to the residents;

(c)           a description of the anticipated professional services to be offered to the residents; and

(d)           a description of the facility’s relationship to other services and related programs in the service area and how the applicant will collaborate with them to achieve a system of care for the residents.

(4)           policies and procedures annotated to this rule;

(5)           evidence to establish that the applicant has sufficient financial assets to permit operation of the facility for a period of six (6) months; the evidence shall include a credit report from one of the three recognized credit bureaus with a minimum credit score of six-hundred fifty (650) or above;

(6)           copies of organizational documents to include the following list of items:

(a)           the names of all persons or business entities that have at least five percent (5%) ownership interest in the facility, whether direct or indirect and whether in profits, land or building; this includes the owners of any business entity which owns all or part of the land or building;

(b)           the identities of all creditors that hold a security interest in the premises, whether land or building;

(c)           any changes in ownership or management shall be reported to the department within thirty (30) days;

(7)           building plans as required at NMAC of this rule;

(8)           fire authority approval as required at NMAC of this rule;

(9)           a letter of approval or exemption from the local health authority having jurisdiction for the foodservice and the kitchen facility;

(10)         a copy of liquid waste disposal and treatment system permit from local health authority having jurisdiction;

(11)         approval from local zoning authority;

(12)         building approval (certificate of occupancy); and

(13)         any other information that the applicant wishes to provide or that the licensing authority may request.


Pro Tip:

  • Do not give up if do you not receive your license at the first go around! Many seasoned administrators have had to be resurveyed prior to receiving their new community licensure!