24A-1-3. Powers and duties.
321 words·~1 min read·
/nm/chapter-24a-health-care-code/article-1-health-care-code/24a-1-3·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A. The authority may:
(1)bring action in court for the enforcement of laws and rules pertaining to the authority's powers and duties;
(2)enter into joint powers agreements to carry out the powers and duties of the authority;
(3)cooperate and enter into contracts or agreements with the federal government or any other person to carry out the powers and duties of the authority;
(4)cooperate and enter into contracts or agreements with Native American nations, tribes and pueblos and off-reservation groups to coordinate the provision of essential physical, mental and behavioral health services and functions;
(5)adopt, promulgate and enforce such rules as may be necessary to carry out the provisions of the Health Care Code;
(6)sue and, with the consent of the legislature, be sued;
(7)request and inspect, while maintaining federal and state confidentiality requirements, copies of:
(a)medical and clinical records reasonably required for the authority's quality assurance and quality improvement activities; and
(b)medical and clinical records pertaining to a person whose death is the subject of inquiry by the department of health's mortality review activities; and
(8)do all other things necessary to carry out its duties as defined by law and rules promulgated in accordance with law.
B. The authority shall:
(1)promulgate and enforce rules for the licensure of health facilities under its jurisdiction;
(2)license and inspect health facility premises to ensure compliance with laws, rules and public safety; and
(3)carry out such other duties as provided by law.
C. The authority and the office of the state long-term care ombud shall have prompt access to all files and records in the possession of the department of health that are related to any health facility investigation; provided that a person who discloses confidential information protected by federal or state law is guilty of a petty misdemeanor.
History: 1978 Comp., § 24A-1-3, enacted by Laws 2024, ch. 39, § 24.