Albuquerque Senior AdvisorBy Albuquerque Senior Advisor Care Team · October 24, 2026
Under 8.370.14.20 NMAC, a New Mexico assisted living admission agreement must state costs and payment, the refund policy, the staffing ratio, the bed hold policy, residents' rights and termination terms. Before signing, ask how each will apply to your parent, get the care-level price sheet in writing, and confirm the 15-day termination and 30-day price-change notices.
Why the agreement deserves an evening, not ten minutes
Families usually sign an admission agreement at the end of a long day, often right after a hospital discharge. It is also the document that decides what happens when costs rise, care needs change or the relationship breaks down. New Mexico's rule spells out what the agreement must include, which gives you a checklist. Ask for a copy to read at home before move-in day.
What New Mexico requires in every admission agreement
Section 8.370.14.20 NMAC requires the agreement to include, among other things:
| Required item | What to look for |
|---|---|
| The parties and the program narrative | what services the facility says it provides |
| The facility's rules | visiting, smoking, pets, alcohol, outings |
| Cost of services and method of payment | base rate, care levels, extras, how increases work |
| Refund provision on death, transfer or discharge | prorated or a notice-period charge |
| Advance directive information and residents' rights | translated if needed |
| The facility's staffing ratio | compare with the rule's minimums |
| Authorization to assist with medications | who gives meds and their training |
| Bed hold policy | what you pay during a hospital or rehab stay |
| Termination terms | 15 days' notice except emergencies |
The twelve questions
- What exactly does the monthly rate include, and what is billed separately?
- What are the care levels, what does each cost, and who decides when my parent moves up a level?
- How much have rates risen in each of the last three years?
- How will you give the 30 days' written notice of a price change that the rule requires?
- What is the refund policy if my parent dies, moves or is discharged mid-month?
- What is the bed hold policy and charge if my parent is in the hospital or rehab?
- What staffing ratio does the agreement state, and how many staff are awake overnight?
- Who assists with medications, and do they hold the state medication assistance certificate?
- Which needs would mean my parent could no longer stay, and would you convene the exception team the rule allows?
- Do you accept Turquoise Care Community Benefit residents if my parent's money runs out?
- Which hospice and home health agencies do you work with, and do you have an ownership interest in any of them?
- If you call any service specialized, such as memory care, can I see the staff's specialty training records?
The last question comes straight from the rule: facilities that represent services as specialized must disclose evidence of staff specialty training.
What the agreement cannot override
Some protections come from the rule, not the contract. A facility must give 15 days' written notice before terminating the agreement, except in an emergency where the resident's or others' safety requires an immediate move. It must give 30 days' notice of cost changes and execute an amended agreement. And residents keep the right to choose their hospice and home health providers.
If something in an agreement seems to contradict the rule, ask the long-term care ombudsman (1-866-451-2901) before you sign.
What to do if the facility will not answer
If a facility will not give you the agreement to read in advance, will not put care-level prices in writing, or cannot tell you its staffing ratio, treat that as an answer. The rule requires the staffing ratio and the cost of services to be in the agreement, so a facility that cannot produce them is either disorganized or unwilling. The long-term care ombudsman program (1-866-451-2901) can explain residents' rights, and HCA's complaint line (1-800-752-8649) takes reports of rule violations.
Agreements for memory care units
If your parent is moving into a secured memory care unit, the agreement should come with the written disclosure the rule requires: that the facility operates a secured environment, which diagnoses and behaviors staff are trained for, and the type of security and care provided. Keep it with the agreement.
Bring a second reader
Ask an adult child, a trusted friend or an elder law attorney to read the agreement too. A second reader catches different things: one person notices the refund clause, another the bed hold charge. If your parent has a health care power of attorney or a financial power of attorney, bring copies, because the facility will ask who can sign.
Keep the paperwork together
Keep the signed agreement, the price sheet, the facility's assessment, the individual service plan and any secured-environment disclosure in one folder. When a question comes up months later, the dates and wording in those documents are what the ombudsman or HCA will ask for.
The admission agreement does and does not
| Does | Does not | |
|---|---|---|
| Prices | state costs and the refund policy | cap future increases |
| Notice | follow 15- and 30-day rule minimums | allow shorter notice except emergencies |
| Providers | describe coordination | take away the right to choose hospice |
Frequently asked questions
How much notice must a New Mexico assisted living facility give before ending the agreement?
15 days' written notice, except in genuine emergencies.
How much notice is required for a rate increase in New Mexico assisted living?
30 days' written notice, with an amended agreement.
Must the admission agreement state the staffing ratio?
Yes. 8.370.14.20 NMAC requires it.
Who can review an agreement for free?
The long-term care ombudsman program can explain residents' rights: 1-866-451-2901.
