Albuquerque Senior AdvisorBy Albuquerque Senior Advisor Care Team · October 29, 2026
Yes, usually. New Mexico's rule bars assisted living facilities from keeping residents who need continuous nursing care, but makes an exception for residents who have elected hospice, provided care is coordinated on the individual service plan and staff have palliative care training. Residents choose their hospice; the facility must disclose any ownership interest in one it recommends.
The rule and its exception
Section 8.370.14.20 NMAC lists conditions that usually require continuous nursing care, such as stage III or IV pressure sores, IV therapy, a nasogastric tube or the need for a mechanical lift, and says an assisted living facility may not admit or keep residents who need it. In the same paragraph it says the restriction does not apply to hospice residents who have elected the hospice benefit.
For a family, that means a diagnosis that would otherwise force a move to a nursing home in the last weeks of life does not have to, if the facility and hospice can meet the needs together.
What the facility has to do
The rule asks three things of a facility caring for hospice residents. It must coordinate care with the hospice and document it on the resident's individual service plan. It must train staff who help with hospice care: at least six hours of palliative and hospice training a year, plus an employee support program for end-of-life issues. And it must give the resident a list of hospice providers and respect their choice.
| Question | What the rule says |
|---|---|
| Can a hospice resident stay with high needs? | Yes; the continuous-nursing restriction does not apply |
| Who chooses the hospice? | The resident, from a list the facility must provide |
| Must the facility disclose ties to a hospice? | Yes, any ownership interest in a recommended provider |
| Staff training | 6 hours a year of palliative/hospice training for involved staff |
Where it can still break down
The exception is permission, not an obligation. A small home with one awake caregiver at night may not be able to safely provide two-person repositioning every two hours, even with hospice aides visiting. Ask early, before a crisis: has the facility cared for hospice residents before, how many at a time, and what would make it unable to continue?
For residents whose needs exceed what the facility normally provides, the rule also allows a team decision to let them stay, signed by the administrator, the resident or surrogate and the hospice or home health clinician.
Choosing a hospice in the Albuquerque area
CMS lists 25 Medicare-certified hospices with offices in the four-county metro. Ask each how quickly a nurse responds to a night call, how many aide visits a week are typical, whether it runs an inpatient unit for symptoms that cannot be managed in the facility, and what bereavement support it offers. Ask the facility which hospices it has worked with smoothly; coordination is easier when both sides know each other.
A conversation to have early
The best time to ask an assisted living facility about hospice is on the first tour, not the week a doctor recommends it. Ask how many residents are on hospice now, how night care changes when someone is actively dying, whether family can stay overnight, and how the facility supports other residents after a death. Facilities that do this well tend to describe specific routines rather than general reassurance.
Also ask whether the individual service plan will be updated the same day hospice starts, since the rule requires coordination to be documented there.
What hospice adds in assisted living
Hospice brings a nurse case manager, aide visits for bathing and personal care, a social worker, a chaplain if wanted, medications and equipment related to the terminal illness, and on-call nurses around the clock. It does not replace the facility's own staff, who still provide day-to-day care.
If the facility says it cannot continue
If a facility tells you it can no longer care for a hospice resident, ask whether it has considered the team decision the rule allows, and ask the hospice to join the conversation. If a move is still needed, the 15-day notice applies except in a genuine emergency. The ombudsman program (1-866-451-2901) can help mediate.
Paperwork to have ready
Keep the hospice election form, the updated individual service plan, any physician orders for comfort medications, and the resident's advance directive together and give copies to the facility. The admission agreement must include information on advance directives, so the facility should already have a place for them in the resident's record.
Who pays
Medicare Part A pays the hospice team, medications and equipment related to the terminal illness. It does not pay the facility's monthly charge, which continues to be paid privately or, for eligible members, through the Turquoise Care Community Benefit and the resident's income.
Hospice in New Mexico assisted living: allowed and not guaranteed
| Allowed | Not guaranteed | |
|---|---|---|
| Staying with high needs | yes, under the hospice exception | if the facility cannot safely meet needs |
| Choice of hospice | yes | that every hospice works with every facility |
| Medicare | hospice services | room and board |
Frequently asked questions
Can someone on hospice stay in assisted living in New Mexico?
Yes. The continuous-nursing restriction in 8.370.14.20 NMAC does not apply to hospice residents.
Who chooses the hospice provider?
The resident, from a list the facility must provide.
Does Medicare pay assisted living costs during hospice?
No. It pays hospice services, not room and board.
How many hospices serve Albuquerque?
CMS lists 25 Medicare-certified hospices with offices in the metro.
Does hospice replace assisted living staff?
No. Hospice adds visits and support; the facility's staff still provide daily care.
