The following terms are used in this rule:

1. A. “department” means the aging and long-term services department;

2. B. “facility” means a long-term care facility licensed pursuant to the provisions of Section 24-1-5 NMSA 1978, other than an intermediate care facility for the mentally retarded, and may also include:

   (1) a skilled nursing facility;

   (2) an intermediate care nursing facility;

   (3) a nursing facility;

   (4) an adult residential shelter care home;

   (5) a boarding home;

   (6) any adult care home or adult residential care facility; and

   (7) any swing bed in an acute care facility or extended care facility;

3. C. “monitoring device” means a surveillance instrument that broadcasts or records activity, but does not include a still camera;
4. D. “patient” means a person who is a resident of a facility;
5. E. “program” means the New Mexico long-term care ombudsman program;
6. F. “roommate” means a patient who shares a room in a facility with a patient who has chosen, or whose surrogate has chosen, to install and use a monitoring device; and
7. G. “surrogate” means a legal guardian or a legally appointed substitute decision-maker who is authorized to act on behalf of a patient.

[9.2.23.7 NMAC - N, 7/15/04]