New Mexico 2020 Regular Session Status: Passed Senate

SB 51 — REPORT OF CONTINUING CARE ACT VIOLATIONS

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  1. ✓
    Introduced
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    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2020 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

795 added · 667 removed

Plain-language change summary

The latest version of Senate Bill 51 now includes a requirement for continuing care providers to include closure plans in their contracts. This change is significant because it ensures that consumers are informed about what will happen if a facility shuts down, providing them with extra protection and clarity. Additionally, the bill maintains the requirement for the Attorney General to accept reports of violations, which reinforces accountability among providers.

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SENATE PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR SENATE BILL 51 54TH LEGISLATURE - STATEOFNEWMEXICO- SECOND SESSION , 2020 4 6 8 10 AN ACT RELATING TO AGING;
SENATE PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR SENATE BILL 51 54TH LEGISLATURE - STATEOFNEWMEXICO- SECOND SESSION , 2020 This document incorporates amendments that have been adopted during the current legislative session.
REQUIRING A CLOSURE CLAUSE IN A CONTRACT PURSUANT TO THE CONTINUING CARE ACT;
The document is a tool to show the amendments in context and is not to be used for the purpose of amendments.
REQUIRING THE ATTORNEY GENERAL TO ACCEPT AND REVIEW ALLEGED VIOLATIONS OF THE 14 CONTINUING CARE ACT REPORTED FROM ANY SOURCE.
AN ACT RELATING TO AGING;
16 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
REQUIRING SJCºA»SJC SJCºPROVIDERS TO h INCLUDE»SJC CLOSURE SJCºCLAUSE»SJC SJCºPLAN DESCRIPTIONS»SJC g o t hr IN SJCºA CONTRACT»SJC SJCºPURSUANT TO THE»SJC CONTINUING CARE g e i k SJCºACT»SJC SJCºCONTRACTS»SJC;
e t 17 SECTION 1.
REQUIRING THE ATTORNEY GENERAL h r i s TO ACCEPT AND REVIEW ALLEGED VIOLATIONS OF THE CONTINUING CARE h , t, ACT REPORTED FROM ANY SOURCE.
Section 24-17-4 NMSA 1978 (being Laws 1985, w l n d 18 Chapter 102, Section 4, as amended) is amended to read:
e u g e b l e e h n d d i = = o h BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
= = 19 "24-17-4.
l ] b ,d i a º e SECTION 1.
DISCLOSURE.-- a l i a e r 20 A.
Section 24-17-4 NMSA 1978 (being Laws 1985, r i = r t e w d m a n o Chapter 102, Section 4, as amended) is amended to read:
A provider shall furnish a current annual a t m m 21 disclosure statement that meets the requirements set forth in d r e 22 Subsection B of this section and the aging and long-term c e s k 23 services department's and attorney general's consumer's guide e a n b 24 to continuing care communities to each actual resident and to a u [ prospective resident at least seven days before the provider .217196.1 SPAC/SB 51 enters into a continuing care contract with the prospective resident, or prior to the prospective resident's first payment, whichever occurs first.
d m :
b e d s º o t n = .217196.1AIC February 17, 2020 (10:32am) s k m e e a n e d r e l u [ A d SPAC/SB 51 "24-17-4.
DISCLOSURE.-- A.
A provider shall furnish a current annual disclosure statement that meets the requirements set forth in Subsection B of this section and the aging and long-term services department's and attorney general's consumer's guide to continuing care communities to each actual resident and to a prospective resident at least seven days before the provider enters into a continuing care contract with the prospective resident, or prior to the prospective resident's first payment, whichever occurs first.
B.
h B.
The disclosure statement provided pursuant to Subsection A of this section shall include:
The disclosure statement provided pursuant to g o Subsection A of this section shall include:
(1) a brief narrative summary of the contents of the disclosure statement written in plain language;
t hr g e i k (1) a brief narrative summary of the contents h r i s of the disclosure statement written in plain language;
(2) the name and business address of the provider;
h , t, (2) the name and business address of the e u g e b l e e h provider;
(3) if the provider is a partnership, e e 17 corporation or association, the names, addresses and duties of e e n d 18 its officers, directors, trustees, partners or managers;
n d d i = = o h (3) if the provider is a partnership, l ] b ,d i a º e corporation or association, the names, addresses and duties of r i = r t e w d its officers, directors, trustees, partners or managers;
= = l ] 19 (4) the name and business address of each of a l r i 20 the provider's affiliates;
m a n o d m :
t e a t (5) a statement as to whether the provider or m m 21 e d any of its officers, directors, trustees, partners, managers or r e 22 c e r c 23 affiliates, within ten years prior to the date of application:
b e d s º o t n = .217196.1AIC February 17, 2020 (10:32am) s k m e - 2 - e a n e d r e l u [ A d SPAC/SB 51 (4) the name and business address of each of the provider's affiliates;
e a n b 24 (a) was convicted of a felony, a crime u [ that if committed in New Mexico would be a felony or any crime .217196.1 - 2 - SPAC/SB 51 having to do with the provision of continuing care;
(5) a statement as to whether the provider or any of its officers, directors, trustees, partners, managers or affiliates, within ten years prior to the date of application:
(a) was convicted of a felony, a crime that if committed in New Mexico would be a felony or any crime having to do with the provision of continuing care;
or (d) had a state or federal license or permit suspended or revoked or had any state, federal or industry self-regulatory agency commence an action against the provider or any of its officers, directors, trustees, partners, managers or affiliates and the result of such action;
or (d) had a state or federal license or permit suspended or revoked or had any state, federal or h u industry self-regulatory agency commence an action against the » r t h provider or any of its officers, directors, trustees, partners, g e l i managers or affiliates and the result of such action;
(6) the name and address of any person whose name is required to be provided in the disclosure statement who owns any interest in or receives any remuneration from, either directly or indirectly, any other person providing or expected e e 17 to provide to the community goods, leases or services with a e e n d 18 real or anticipated value of five hundred dollars ($500) or = = l ] 19 more and the name and address of the person in which such a l r i 20 interest is held.
h r i s h , (6) the name and address of any person whose e h t u g name is required to be provided in the disclosure statement who e b l e e , gh owns any interest in or receives any remuneration from, either n d d i = = o h l ] b ,d directly or indirectly, any other person providing or expected i a º r e r = to provide to the community goods, leases or services with a t e w d m a n o d m :
The disclosure shall describe such goods, t e a t leases or services and the actual or probable cost to the m m 21 e d community or provider and shall describe why such goods, leases r e 22 c e r c 23 or services should not be purchased from an independent entity;
b r e t º o t n = .217196.1AIC February 17, 2020 (10:32am) s k m e - 3 - e a n e d r e l u [ A d SPAC/SB 51 real or anticipated value of five hundred dollars ($500) or more and the name and address of the person in which such interest is held.
e a n b 24 (7) the name and address of any person owning u [ land or property leased to the community and a statement of .217196.1 - 3 - SPAC/SB 51 what land or property is leased;
The disclosure shall describe such goods, leases or services and the actual or probable cost to the community or provider and shall describe why such goods, leases or services should not be purchased from an independent entity;
(7) the name and address of any person owning land or property leased to the community and a statement of what land or property is leased;
(9) the location and description of real property being used or proposed to be used in connection with the community's contracts to furnish care;
(9) the location and description of real property being used or proposed to be used in connection with h the community's contracts to furnish care;
(10) a statement as to the community's or corporation's liquid reserves to assure payment of debt obligations and an ongoing ability to provide services to residents.
g o (10) a statement as to the community's or t hr g e i k corporation's liquid reserves to assure payment of debt h r i s obligations and an ongoing ability to provide services to h , t, residents.
The statement shall also include a description of the community's or corporation's reserves, including a specific explanation as to how the community or corporation intends to comply with the requirements of Section 24-17-6 NMSA 1978;
The statement shall also include a description of e u g e b l e e h the community's or corporation's reserves, including a specific n d d i = = o h explanation as to how the community or corporation intends to l ] b ,d i a º e comply with the requirements of Section 24-17-6 NMSA 1978;
e e 17 (11) for communities that provide type A and e e n d 18 type B agreements:
r i = r t e w d (11) for communities that provide type A and m a n o d m :
= = l ] 19 (a) a summary of [an] a comprehensive a l r i 20 actuarial analysis within the last five years;
b e d s º o t n = .217196.1AIC February 17, 2020 (10:32am) s k m e - 4 - e a n e d r e l u [ A d SPAC/SB 51 type B agreements:
[and] t e a t (b) an annual future-service obligation m m 21 e d calculation by an actuary who is a member of the American r e 22 c e r c 23 academy of actuaries and who is experienced in analyzing e a n b 24 continuing care communities;
(a) a summary of [an] a comprehensive actuarial analysis within the last five years;
and u [ (c) a certification by an actuary who is .217196.1 - 4 - SPAC/SB 51 a member of the American academy of actuaries and who is experienced in analyzing continuing care communities as to whether the community is in satisfactory actuarial balance, as defined by the actuarial standards board's Continuing Care Retirement Communities, and that is based upon a comprehensive actuarial study, using the national association of insurance commissioners' statutory accounting principles, performed within the last five years;
SJCº[and]»SJC SJCº and»SJC (b) an annual future-service obligation calculation by an actuary who is a member of the American academy of actuaries and who is experienced in analyzing continuing care communities;
(12) an audited financial statement and an audit report prepared in accordance with generally accepted accounting principles applied on a consistent basis and certified by a certified public accountant, including an income statement or statement of activities, a cash-flow statement or sources and application of funds statement and a balance sheet as of the end of the provider's last fiscal year.
SJCº and»SJC SJCº (c) a certification by an actuary who is»SJC SJCºa member of the American academy of actuaries and who is experienced in analyzing continuing care communities as to whether the community is in satisfactory actuarial balance, as defined by the actuarial standards board's Continuing Care Retirement Communities, and that is based upon a comprehensive actuarial study, using the national association of insurance commissioners' statutory accounting principles, h g performed within the last five years;»SJC o t hr g e (12) an audited financial statement and an i k h r audit report prepared in accordance with generally accepted i s h accounting principles applied on a consistent basis and , t, e u g certified by a certified public accountant, including an income e b l e e h n d d i statement or statement of activities, a cash-flow statement or = = o h l ] b ,d sources and application of funds statement and a balance sheet i a º e r i = r as of the end of the provider's last fiscal year.
The balance sheet should accurately reflect the deferred revenue balance, e e 17 including entrance fees and any other prepaid services, and e e n d 18 should include notes describing the community's long-term = = l ] 19 obligations and identifying all the holders of mortgages and a l r i 20 notes;
The balance t e w d m a n o d m :
t e a t (13) a sample copy of the contract used by the m m 21 e d provider;
b e d s º o t n = .217196.1AIC February 17, 2020 (10:32am) s k m e - 5 - e a n e d r e l u [ A d SPAC/SB 51 sheet should accurately reflect the deferred revenue balance, including entrance fees and any other prepaid services, and should include notes describing the community's long-term obligations and identifying all the holders of mortgages and notes;
and r e 22 c e r c 23 (14) a list of documents and other information e a n b 24 available upon request, including:
(13) a sample copy of the contract used by the provider;
u [ (a) a copy of the Continuing Care Act;
and (14) a list of documents and other information available upon request, including:
.217196.1 - 5 - SPAC/SB 51 (b) if the provider is a corporation, a copy of the articles of incorporation;
(a) a copy of the Continuing Care Act;
(b) if the provider is a corporation, a copy of the articles of incorporation;
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(c) resumes of the provider and its officers, directors, trustees, partners or managers;
h (c) resumes of the provider and its g o officers, directors, trustees, partners or managers;
(d) a copy of lease agreements between the community and any person owning land or property leased to the community;
t hr g e i k (d) a copy of lease agreements between h r i s the community and any person owning land or property leased to h , t, the community;
(e) information concerning the location and description of other properties, both existing and proposed, of the provider in which the provider owns any interest and on which communities are or are intended to be located and the identity of previously owned or operated e e 17 communities;
e u g e b l e e h (e) information concerning the location n d d i = = o h and description of other properties, both existing and l ] b ,d i a º e proposed, of the provider in which the provider owns any r i = r t e w d interest and on which communities are or are intended to be m a n o d m :
e e n d 18 (f) a copy of the community's policies = = l ] 19 and procedures;
b e d s º o t n = .217196.1AIC February 17, 2020 (10:32am) s k m e - 6 - e a n e d r e l u [ A d SPAC/SB 51 located and the identity of previously owned or operated communities;
and a l r i 20 (g) other data, financial statements and t e a t pertinent information with respect to the provider or m m 21 e d community, or its directors, trustees, members, managers, r e 22 c e r c 23 branches, subsidiaries or affiliates, that a resident requests e a n b 24 and that is reasonably necessary in order for the resident to u [ determine the financial status of the provider, its sole member .217196.1 - 6 - SPAC/SB 51 and the community and the management capabilities of the managers and owners, including the most recent audited financial statements of comparable communities owned, managed or developed by the provider, its sole member or its principal.
(f) a copy of the community's policies and procedures;
and (g) other data, financial statements and pertinent information with respect to the provider or community, or its directors, trustees, members, managers, branches, subsidiaries or affiliates, that a resident requests and that is reasonably necessary in order for the resident to determine the financial status of the provider, its sole member and the community and the management capabilities of the managers and owners, including the most recent audited financial statements of comparable communities owned, managed or developed by the provider, its sole member or its principal.
Each year, within one hundred eighty days after the end of the community's fiscal year, the provider shall furnish to actual residents the disclosure statement as outlined in this section.
Each year, within one hundred eighty days after the end of the community's fiscal year, the provider shall h u furnish to actual residents the disclosure statement as » r t h outlined in this section.
For purposes of this subsection, the obligation to furnish the required information to residents shall be deemed satisfied if the information is given to the residents' association, if there is one, and a written message has been delivered to each resident, stating that personal copies of the information are available upon request." SECTION 2.
For purposes of this subsection, the g e l i obligation to furnish the required information to residents h r i s h , shall be deemed satisfied if the information is given to the e h t u g residents' association, if there is one, and a written message e b l e e , gh has been delivered to each resident, stating that personal n d d i = = o h l ] b ,d copies of the information are available upon request." i a º r e r = SECTION 2.
Section 24-17-5 NMSA 1978 (being Laws 1985, Chapter 102, Section 5, as amended) is amended to read:
Section 24-17-5 NMSA 1978 (being Laws 1985, t e w d m a n o d m :
b r e t º o t n = .217196.1AIC February 17, 2020 (10:32am) s k m e - 7 - e a n e d r e l u [ A d SPAC/SB 51 Chapter 102, Section 5, as amended) is amended to read:
CONTRACT INFORMATION.-- e e 17 A.
CONTRACT INFORMATION.-- A.
A provider is responsible for ensuring that a e e n d 18 continuing care contract is written in clear and understandable = = l ] 19 language.
A provider is responsible for ensuring that a continuing care contract is written in clear and understandable language.
a l r i 20 B.
B.
t e a t (1) describe the community's admission m m 21 e d policies, including age, health status and minimum financial r e 22 c e r c 23 requirements, if any;
(1) describe the community's admission policies, including age, health status and minimum financial requirements, if any;
e a n b 24 (2) describe the health and financial u [ conditions required for a person to continue to be a resident;
(2) describe the health and financial conditions required for a person to continue to be a resident;
.217196.1 - 7 - SPAC/SB 51 (3) describe the circumstances under which the resident will be permitted to remain in the community in the event of financial difficulties of the resident;
(3) describe the circumstances under which the resident will be permitted to remain in the community in the event of financial difficulties of the resident;
(4) list the total consideration paid, including donations, entrance fees, subscription fees, periodic fees and other fees paid or payable;
(4) list the total consideration paid, including donations, entrance fees, subscription fees, periodic h fees and other fees paid or payable;
provided, however, that a provider cannot require a resident to transfer all the resident's assets or the resident's real property to the provider or community as a condition for providing continuing care and the provider shall reserve the right to charge periodic fees;
provided, however, that a g o provider cannot require a resident to transfer all the t hr g e i k resident's assets or the resident's real property to the h r i s provider or community as a condition for providing continuing h , t, care and the provider shall reserve the right to charge e u g e b l e e h periodic fees;
(5) describe in detail all items of service to be received by the resident, such as food, shelter, medical care, nursing care and other health services, and whether services will be provided for a designated time period or for the resident's lifetime;
n d d i = = o h (5) describe in detail all items of service to l ] b ,d i a º e be received by the resident, such as food, shelter, medical r i = r t e w d care, nursing care and other health services, and whether m a n o d m :
e e 17 (6) as an addendum to the contract, provide a e e n d 18 description of items of service, if any, that are available to = = l ] 19 the resident but that are not covered in the entrance or a l r i 20 monthly fee;
b e d s º o t n = .217196.1AIC February 17, 2020 (10:32am) s k m e - 8 - e a n e d r e l u [ A d SPAC/SB 51 services will be provided for a designated time period or for the resident's lifetime;
t e a t (7) specify taxes and utilities, if any, that m m 21 e d the resident must pay;
(6) as an addendum to the contract, provide a description of items of service, if any, that are available to the resident but that are not covered in the entrance or monthly fee;
r e 22 c e r c 23 (8) specify that deposits or entrance fees e a n b 24 paid by or for a resident shall be held in trust for the u [ benefit of the resident in a federally insured New Mexico bank .217196.1 - 8 - SPAC/SB 51 until the resident has taken possession of the resident's unit or the resident's contract cancellation period has ended, whichever occurs later;
(7) specify taxes and utilities, if any, that the resident must pay;
(9) state the terms under which a continuing care contract may be canceled by the resident or the community and the basis for establishing the amount of refund of the entrance fee;
(8) specify that deposits or entrance fees paid by or for a resident shall be held in trust for the benefit of the resident in a federally insured New Mexico bank until the resident has taken possession of the resident's unit or the resident's contract cancellation period has ended, whichever occurs later;
(10) state the terms under which a continuing care contract is canceled by the death of the resident and the basis for establishing the amount of refund, if any, of the entrance fee;
(9) state the terms under which a continuing care contract may be canceled by the resident or the community h u and the basis for establishing the amount of refund of the » r t h entrance fee;
(11) state when fees will be subject to periodic increases and what the policy for increases will be;
g e l i (10) state the terms under which a continuing h r i s h , care contract is canceled by the death of the resident and the e h t u g basis for establishing the amount of refund, if any, of the e b l e e , gh entrance fee;
provided, however, that the provider shall give advance notice of not less than thirty days to the residents before the change becomes effective and increases shall be based upon economic e e 17 necessity, the reasonable cost of operating the community, the e e n d 18 cost of care and a reasonable return on investment as defined = = l ] 19 by rules promulgated by the aging and long-term services a l r i 20 department;
n d d i = = o h l ] b ,d (11) state when fees will be subject to i a º r e r = periodic increases and what the policy for increases will be;
t e a t (12) state the entrance fee and periodic fees m m 21 e d that will be charged if the resident marries while living in r e 22 c e r c 23 the community, the terms concerning the entry of a spouse to e a n b 24 the community and the consequences if the spouse does not meet u [ the requirements for entry;
t e w d m a n o d m :
.217196.1 - 9 - SPAC/SB 51 (13) indicate funeral and burial services that are not furnished by the provider;
b r e t º o t n = .217196.1AIC February 17, 2020 (10:32am) s k m e - 9 - e a n e d r e l u [ A d SPAC/SB 51 provided, however, that the provider shall give advance notice of not less than thirty days to the residents before the change becomes effective and increases shall be based upon economic necessity, the reasonable cost of operating the community, the cost of care and a reasonable return on investment as defined by rules promulgated by the aging and long-term services department;
(14) state the rules and regulations of the provider then in effect and state the circumstances under which the provider claims to be entitled to have access to the resident's unit;
(12) state the entrance fee and periodic fees that will be charged if the resident marries while living in the community, the terms concerning the entry of a spouse to the community and the consequences if the spouse does not meet the requirements for entry;
(15) list the resident's and provider's respective rights and obligations as to any real or personal property of the resident transferred to or placed in the custody of the provider;
(13) indicate funeral and burial services that are not furnished by the provider;
(16) describe the rights of the residents to form a residents' association and the participation, if any, of the association in the community's decision-making process;
(14) state the rules and regulations of the provider then in effect and state the circumstances under which h the provider claims to be entitled to have access to the u » r resident's unit;
(17) describe the living quarters purchased by or assigned to the resident;
t h g e (15) list the resident's and provider's l i h r i s respective rights and obligations as to any real or personal h , e h property of the resident transferred to or placed in the t u g e b l custody of the provider;
(18) provide under what conditions, if any, e e 17 the resident may assign the use of a unit to another;
e e , gh n d d i = = o h (16) describe the rights of the residents to l ] b ,d i a º r form a residents' association and the participation, if any, of e r = t e w d the association in the community's decision-making process;
e e n d 18 (19) include the policy and procedure with = = l ] 19 regard to changes in accommodations due to an increase or a l r i 20 decrease in the number of persons occupying an individual unit;
m a n o d m :
t e a t (20) state the conditions upon which the m m 21 e d community may sublet or relet a resident's unit;
b r e t º o t n = .217196.1AIC February 17, 2020 (10:32am) s k m e - 10 - e a n e d r e l u [ A d SPAC/SB 51 (17) describe the living quarters purchased by or assigned to the resident;
r e 22 c e r c 23 (21) state the fee adjustments that will be e a n b 24 made in the event of a resident's voluntary absence from the u [ community for an extended period of time;
(18) provide under what conditions, if any, the resident may assign the use of a unit to another;
.217196.1 - 10 - SPAC/SB 51 (22) include the procedures to be followed when the provider temporarily or permanently changes the resident's accommodations, either within the community or by transfer to a health facility;
(19) include the policy and procedure with regard to changes in accommodations due to an increase or decrease in the number of persons occupying an individual unit;
provided that the contract shall state that such changes in accommodations shall only be made to protect the health or safety of the resident or the general and economic welfare of all other residents of the community;
(20) state the conditions upon which the community may sublet or relet a resident's unit;
(23) if the community includes a nursing facility, describe the admissions policies and what will occur if a nursing facility bed is not available at the time it is needed;
(21) state the fee adjustments that will be made in the event of a resident's voluntary absence from the community for an extended period of time;
(24) in the event the resident is offered a priority for nursing facility admission at a facility that is not owned by the community, describe with which nursing facility the formal arrangement is made and what will occur if a nursing facility bed is not available at the time it is e e 17 needed;
(22) include the procedures to be followed when the provider temporarily or permanently changes the resident's accommodations, either within the community or by transfer to a health facility;
e e n d 18 (25) include the policy and procedures for = = l ] 19 determining under what circumstances a resident will be a l r i 20 considered incapable of independent living and will require a t e a t permanent move to a nursing facility.
provided that the contract shall h g state that such changes in accommodations shall only be made to o t hr protect the health or safety of the resident or the general and g e i k h r economic welfare of all other residents of the community;
The contract shall also m m 21 e d state who will participate in the decision for permanent r e 22 c e r c 23 residency in the nursing facility and shall provide that the e a n b 24 resident shall have an advocate involved in that decision;
i s h (23) if the community includes a nursing , t, e u g facility, describe the admissions policies and what will occur e b l e e h if a nursing facility bed is not available at the time it is n d d i = = o h l ] b ,d needed;
u [ provided that if the resident has no family member, attorney, .217196.1 - 11 - SPAC/SB 51 guardian or other responsible person to act as the resident's advocate, the provider shall request the local office of the human services department to serve as advocate;
i a º e r i = r (24) in the event the resident is offered a t e w d m a n o d m :
(26) specify the types of insurance, if any, the resident is required to maintain, including medicare, other health insurance and property insurance;
b e d s º o t n = .217196.1AIC February 17, 2020 (10:32am) s k m e - 11 - e a n e d r e l u [ A d SPAC/SB 51 priority for nursing facility admission at a facility that is not owned by the community, describe with which nursing facility the formal arrangement is made and what will occur if a nursing facility bed is not available at the time it is needed;
(27) specify the circumstances, if any, under which the resident will be required to apply for any public assistance, including medical assistance, or any other public benefit programs;
(25) include the policy and procedures for determining under what circumstances a resident will be considered incapable of independent living and will require a permanent move to a nursing facility.
(28) in bold type of not less than twelve- point type on the signature page, state that a contract for continuing care may present a significant financial risk and that a person considering a continuing care contract should consult with an attorney and with a financial advisor concerning the advisability of pursuing continuing care;
The contract shall also state who will participate in the decision for permanent residency in the nursing facility and shall provide that the resident shall have an advocate involved in that decision;
e e 17 provided, however, that failure to consult with an attorney or e e n d 18 financial advisor shall not be raised as a defense to bar = = l ] 19 recovery for a resident in any claims arising under the a l r i 20 provisions of the Continuing Care Act;
provided that if the resident has no family member, attorney, guardian or other responsible person to act as the resident's advocate, the provider shall request the local office of the human services department to serve as advocate;
t e a t (29) in bold type of not less than twelve- m m 21 e d point type on the front of the contract, state that nothing in r e 22 c e r c 23 the contract or the Continuing Care Act should be construed to e a n b 24 constitute approval, recommendation or endorsement of any u [ continuing care community by the state of New Mexico;
h (26) specify the types of insurance, if any, u » r the resident is required to maintain, including medicare, other t h g e health insurance and property insurance;
.217196.1 - 12 - SPAC/SB 51 (30) contain a provision describing the community's plan for resident relocation upon closure, liquidation, insolvency or other circumstances that necessitate relocation;
l i h r i s (27) specify the circumstances, if any, under h , e h which the resident will be required to apply for any public t u g e b l assistance, including medical assistance, or any other public e e , gh n d d i = = o h benefit programs;
[(30)] (31) in immediate proximity to the space reserved in the contract for the signature of the resident, in bold type of not less than twelve-point type, state the following:
l ] b ,d i a º r (28) in bold type of not less than twelve- e r = t e w d point type on the signature page, state that a contract for m a n o d m :
"You, the buyer, may cancel this transaction at any time prior to midnight of the seventh day after the date of this transaction.
b r e t º o t n = .217196.1AIC February 17, 2020 (10:32am) s k m e - 12 - e a n e d r e l u [ A d SPAC/SB 51 continuing care may present a significant financial risk and that a person considering a continuing care contract should consult with an attorney and with a financial advisor concerning the advisability of pursuing continuing care;
See the attached notice of cancellation form for an explanation of this right.";
provided, however, that failure to consult with an attorney or financial advisor shall not be raised as a defense to bar recovery for a resident in any claims arising under the provisions of the Continuing Care Act;
and [(31)] (32) contain a completed form, in duplicate, captioned "Notice of Cancellation", which shall be attached to the contract and easily detachable, and which shall contain in twelve-point boldface type the following information e e 17 and statements in the same language as that used in the e e n d 18 contract.
(29) in bold type of not less than twelve- point type on the front of the contract, state that nothing in the contract or the Continuing Care Act should be construed to constitute approval, recommendation or endorsement of any continuing care community by the state of New Mexico;
= = l ] 19 "NOTICE OF CANCELLATION a l r i 20 Date:
(30) contain a provision describing the community's plan for resident relocation upon closure SJCº,»SJC SJCºliquidation, insolvency»SJC or SJCºother»SJC h u circumstances that necessitate relocation;
____________________________ t e a t (enter date of transaction) m m 21 e d You may cancel this transaction without any penalty or r e 22 c e r c 23 obligation within seven days from the above date.
» r t h [(30)] (31) in immediate proximity to the g e l i space reserved in the contract for the signature of the h r i s h , resident, in bold type of not less than twelve-point type, e h t u g state the following:
If you e a n b 24 cancel, any payments made by you under the contract or sale and u [ any negotiable instrument executed by you will be returned .217196.1 - 13 - SPAC/SB 51 within ten business days following receipt by the provider of your cancellation notice, and any security interest or lien arising out of the transaction will be canceled.
e b l e e , gh "You, the buyer, may cancel this transaction at any time n d d i = = o h l ] b ,d prior to midnight of the seventh day after the date of this i a º r e r = transaction.
To cancel this transaction, deliver a signed and dated copy of this cancellation notice or any other written notice, or send a telegram, to:
See the attached notice of cancellation form for t e w d m a n o d m :
_____________________________________ (Name of Provider) at _________________________________________________________ (Address of Provider's Place of Business) not later than midnight of _____________________ (Date) I hereby cancel this transaction.
b r e t º o t n = .217196.1AIC February 17, 2020 (10:32am) s k m e - 13 - e a n e d r e l u [ A d SPAC/SB 51 an explanation of this right.";
__________________________________________________ (Buyer's Signature) ________________________ (Date)"." e e 17 SECTION 3.
and [(31)] (32) contain a completed form, in duplicate, captioned "Notice of Cancellation", which shall be attached to the contract and easily detachable, and which shall contain in twelve-point boldface type the following information and statements in the same language as that used in the contract.
Section 24-17-7 NMSA 1978 (being Laws 1985, e e n d 18 Chapter 102, Section 7) is amended to read:
"NOTICE OF CANCELLATION Date:
= = l ] 19 "24-17-7.
____________________________ (enter date of transaction) You may cancel this transaction without any penalty or obligation within seven days from the above date.
DISCLOSURE STATEMENTS FILED WITH THE [STATE a l r i 20 AGENCY ON] AGING AND LONG-TERM SERVICES DEPARTMENT FOR PUBLIC t e a t INSPECTION.--No later than July 1, 2020 and annually m m 21 e d thereafter, a provider shall [file] provide a copy of the r e 22 c e r c 23 disclosure statement and any amendments to that statement e a n b 24 [with] to the [state agency on] aging and long-term services u [ department for public inspection during regular working hours." .217196.1 - 14 - SPAC/SB 51 SECTION 4.
If you cancel, any payments made by you under the contract or sale and any negotiable instrument executed by you will be returned within ten business days following receipt by the provider of your cancellation notice, and any security interest or lien h arising out of the transaction will be canceled.
Section 24-17-16 NMSA 1978 (being Laws 1991, Chapter 263, Section 5) is amended to read:
u » r To cancel this transaction, deliver a signed and dated t h g e copy of this cancellation notice or any other written notice, l i h r i s or send a telegram, to:
"24-17-16.
_____________________________________ h , e h (Name of Provider) t u g e b l at _________________________________________________________ e e , gh n d d i = = o h (Address of Provider's Place of Business) l ] b ,d i a º r not later than midnight of _____________________ e r = t e w d (Date) m a n o d m :
IDENTIFICATION AND PROCEDURES FOR CORRECTION OF VIOLATIONS.-- A.
b r e t º o t n = .217196.1AIC February 17, 2020 (10:32am) s k m e - 14 - e a n e d r e l u [ A d SPAC/SB 51 I hereby cancel this transaction.
The aging and long-term services department shall review all disclosure statements received to ensure that providers operate in accordance with the Continuing Care Act.
__________________________________________________ (Buyer's Signature) ________________________ (Date)"." SECTION 3.
Section 24-17-7 NMSA 1978 (being Laws 1985, Chapter 102, Section 7) is amended to read:
"24-17-7.
DISCLOSURE STATEMENTS FILED WITH THE [STATE AGENCY ON] AGING AND LONG-TERM SERVICES DEPARTMENT FOR PUBLIC INSPECTION.--No later than July 1, SJCº2020»SJC SJCº2021»SJC and SJCºannually»SJC SJCºthereafter»SJC SJCºeach year thereafter, within one hundred eighty days after the end of a community's fiscal year»SJC, a provider shall [file] provide a copy of the disclosure statement and any amendments to that statement [with ] to the [state agency on] aging and long-term services department for public inspection during regular h u working hours." » r t h SECTION 4.
Section 24-17-16 NMSA 1978 (being Laws 1991, g e l i Chapter 263, Section 5) is amended to read:
h r i s h , "24-17-16.
IDENTIFICATION AND PROCEDURES FOR CORRECTION e h t u g OF VIOLATIONS.-- e b l e e , gh A.
The aging and long-term services department n d d i = = o h l ] b ,d shall review SJCºall»SJC disclosure statements SJCºreceived to i a º r e r = ensure that»SJC SJCºproviders operate in accordance with»SJC t e w d m a n o d m :
b r e t º o t n = .217196.1AIC February 17, 2020 (10:32am) s k m e - 15 - e a n e d r e l u [ A d SPAC/SB 51 SJCºfiled pursuant to»SJC the Continuing Care Act SJCºfor compliance with that act»SJC.
e e 17 [B.] C.
[B.] C.
The notice of violation shall state the e e n d 18 following:
The notice of violation shall state the following:
= = l ] 19 (1) a description of a violation at issue;
(1) a description of a violation at issue;
a l r i 20 (2) the action that, in the judgment of the t e a t [state agency on] aging and long-term services department, the m m 21 e d provider should take to conform to the law or the assurances r e 22 c e r c 23 that the [state agency on ] aging and long-term services e a n b 24 department requires to establish that no violation is about to u [ occur;
(2) the action that, in the judgment of the [state agency on ] aging and long-term services department, the h provider should take to conform to the law or the assurances g o that the [state agency on ] aging and long-term services t hr g e i k department requires to establish that no violation is about to h r i s occur;
.217196.1 - 15 - SPAC/SB 51 (3) the compliance date by which the provider shall correct any violation or submit assurances;
h , t, (3) the compliance date by which the provider e u g e b l e e h shall correct any violation or submit assurances;
(4) the requirements for filing a report of compliance;
n d d i = = o h (4) the requirements for filing a report of l ] b ,d i a º e compliance;
and (5) the applicable sanctions for failure to correct the violation or failure to file the report of compliance according to the terms of the notice of violation.
and r i = r t e w d m a n o (5) the applicable sanctions for failure to d m :
b e d s º o t n = .217196.1AIC February 17, 2020 (10:32am) s k m e - 16 - e a n e d r e l u [ A d SPAC/SB 51 correct the violation or failure to file the report of compliance according to the terms of the notice of violation.
The purpose of the conference is to discuss the contents of the notice of violation and to assist the addressee to comply with the requirements of the Continuing e e 17 Care Act.
The purpose of the conference is to discuss the contents of the notice of violation and to assist the addressee to comply with the requirements of the Continuing Care Act.
Subject to rules that the [state agency on ] aging e e n d 18 and long-term services department may promulgate, a = = l ] 19 representative of the resident association at any facility a l r i 20 affected by the notice shall have a right to attend the t e a t conference.
Subject to rules that the [state agency on ] aging and long-term services department may promulgate, a representative of the resident association at any facility affected by the notice shall have a right to attend the conference.
m m 21 e d [E.] F.
h g [E.] F.
A person receiving a notice of violation r e 22 c e r c 23 shall submit a signed report of compliance as provided by the e a n b 24 notice.
A person receiving a notice of violation o t hr shall submit a signed report of compliance as provided by the g e i k h r notice.
The [state agency on ] aging and long-term services u [ department shall send a copy to the resident association of any .217196.1 - 16 - SPAC/SB 51 facility affected by the notice.
The [state agency on ] aging and long-term services i s h department shall send a copy to the resident association of any , t, e u g facility affected by the notice.
[F.] G.
e b l e e h [F.] G.
Upon receipt of the report of compliance, the [state agency on ] aging and long-term services department shall take steps to determine that compliance has been achieved." SECTION 5.
Upon receipt of the report of compliance, n d d i = = o h l ] b ,d the [state agency on ] aging and long-term services department i a º e r i = r shall take steps to determine that compliance has been t e w d m a n o d m :
b e d s º o t n = .217196.1AIC February 17, 2020 (10:32am) s k m e - 17 - e a n e d r e l u [ A d SPAC/SB 51 achieved." SECTION 5.
RULES AND REGULATIONS AUTHORIZED.--The aging and long-term services department [shall ] may promulgate all rules and regulations necessary or appropriate to administer the provisions of the Continuing Care Act, including [but not limited to] requirements regarding financial reserves, disclosure and actuarial studies." SECTION 6.
RULES AND REGULATIONS AUTHORIZED.--The aging and long-term services department SJCº [shall]»SJC SJCº shall»SJC SJCºmay»SJC promulgate all rules and regulations necessary or appropriate to administer the provisions of the Continuing Care Act SJCº, including [but not limited to] requirements regarding financial reserves, disclosure and actuarial studies."»SJC SJCº.»SJC SECTION 6.
REPORT TO ATTORNEY GENERAL--CIVIL ACTION-- e e 17 CIVIL PENALTIES.-- e e n d 18 A.
REPORT TO ATTORNEY GENERAL--CIVIL ACTION-- CIVIL PENALTIES.-- A.
A person may report an alleged violation of the = = l ] 19 Continuing Care Act or rules promulgated pursuant to that act a l r i 20 to the attorney general or to the aging and long-term services t e a t department.
A person may report an alleged violation of the Continuing Care Act or rules promulgated pursuant to that act h to the attorney general or to the aging and long-term services g o t hr department.
m m 21 e d B.
g e i k B.
Any time after the [state agency on] aging and r e 22 c e r c 23 long-term services department issues a notice of violation, the e a n b 24 [state agency on aging ] department may send the attorney u [ general a written report alleging a possible violation of the .217196.1 - 17 - SPAC/SB 51 Continuing Care Act or any rule adopted pursuant to that act.
Any time after the [state agency on] aging and h r i s long-term services department issues a notice of violation, the h , t, e u g [state agency on aging ] department may send the attorney e b l e e h general a written report alleging a possible violation of the n d d i = = o h Continuing Care Act or any rule adopted pursuant to that act.
C.
l ] b ,d i a º e C.
Upon receipt of [that] a report from any source alleging a violation of the Continuing Care Act or rules promulgated pursuant to that act, the attorney general shall promptly [conduct an investigation to determine whether grounds exist for formally finding a violation.
Upon receipt of [that] a report from any source r i = r t e w d m a n o alleging a violation of the Continuing Care Act or rules d m :
b e d s º o t n = .217196.1AIC February 17, 2020 (10:32am) s k m e - 18 - e a n e d r e l u [ A d SPAC/SB 51 promulgated pursuant to that act , the attorney general shall promptly [conduct an investigation to determine whether grounds exist for formally finding a violation.
Upon finding violations of any provisions of the Continuing Care Act or any rule adopted pursuant to that act, the court may impose a civil penalty in the amount of five dollars ($5.00) per resident or up to five hundred dollars ($500), in the discretion of the court, for each day that the e e 17 violation remains uncorrected after the compliance date e e n d 18 stipulated in a notice of violation issued pursuant to the = = l ] 19 Continuing Care Act." a l r i 20 - 18 - t e a t m m 21 e d r e 22 c e r c 23 e a n b 24 u [ .217196.1
Upon finding violations of any provisions of the Continuing Care Act or any rule adopted pursuant to that act, the court may impose a civil penalty in the amount of five dollars ($5.00) per resident or up to five hundred dollars ($500), in the discretion of the court, for each day that the violation remains uncorrected after the compliance date stipulated in a notice of violation issued pursuant to the Continuing Care Act." h u - 19 - » r t h g e l i h r i s h , e h t u g e b l e e , gh n d d i = = o h l ] b ,d i a º r e r = t e w d m a n o d m :
b r e t º o t n = .217196.1AIC February 17, 2020 (10:32am) s k m e e a n e d r e l u [ A d
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Action History

  1. action postponed indefinitely

  2. Sent to House Appropriations & Finance Committee

  3. passed Senate

  4. DO PASS, as amended, committee report adopted

  5. DO NOT PASS, replaced with committee substitute

  6. germane

  7. Sent to Senate Committees' Committee & Senate Public Affairs Committee & Senate Judiciary Committee

  8. Sent to Senate Pre-file

Sponsors

  • Elizabeth "Liz" Thomson · Primary
  • Bill Tallman · Primary

Sponsorship breakdown

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2 sponsors · 0 co-sponsors · 110 not signed on

Sponsors (2)

  • Thomson, Elizabeth "Liz"
  • Tallman, Bill

Co-sponsors (0)

None.

Not signed on (110)

110 members have not signed on to this bill.

Show all 110 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 51?
SB 51 is sponsored by Thomson, Elizabeth "Liz" and Tallman, Bill.
What is the current status of SB 51?
This bill died with 2020 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
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