reglab/housing_qa huggingface dataset:
NM Stat § 28-16A-1 (2021)
2021 New Mexico Statutes|Chapter 28 - Human Rights|Article 16A - Developmental Disabilities|Section 28-16A-1 - Short title.

Chapter 28, Article 16A NMSA 1978 may be cited as the "Developmental Disabilities Act". History: Laws 1993, ch. 50, § 1; 2021, ch. 61, § 1.ANNOTATIONSCross references. — For the Children's Mental Health and Developmental Disabilities Act, see Chapter 32A, Article 6A NMSA 1978. The 2021 amendment, effective June 18, 2021, deleted "Section 1 through 18 of this act" and added "Chapter 28, Article 16A NMSA 1978".
NM Stat § 28-16A-2 (2021)
2021 New Mexico Statutes|Chapter 28 - Human Rights|Article 16A - Developmental Disabilities|Section 28-16A-2 - Legislative authorization.

The Developmental Disabilities Act authorizes the department to plan, provide and coordinate support and services to persons with developmental disabilities. History: Laws 1993, ch. 50, § 2; 2021, ch. 61, § 2. ANNOTATIONSThe 2021 amendment, effective June 18, 2021, removed a provision stating the purpose of the legislature in enacting the Developmental Disabilities Act; and deleted former Subsection A and former subsection designation "B".Purpose of act. — The Developmental Disabilities Act expresses a clear state policy in favor of integrating disabled students into communities. Although this act is directed at assisting individuals with developmental disabilities, such as autism or mental retardation, this important state policy applies with equal force to individuals with any form of disability or handicap. Hill v. Community of Damien of Molokai, 1996-NMSC-008, 121 N.M. 353, 911 P.2d 861.
NM Stat § 28-16A-6 (2021)
2021 New Mexico Statutes|Chapter 28 - Human Rights|Article 16A - Developmental Disabilities|Section 28-16A-6 - Eligibility.

A. For purposes of eligibility for support and services, "developmental disability" means a severe chronic disability of an individual, which disability:(1) is attributable to a mental or physical impairment, including the result from trauma to the brain, or combination of mental and physical impairments;(2) is manifested before the person reaches the age of twenty-two years;(3) is expected to continue indefinitely;(4) results in substantial functional limitations in three or more of the following areas of major life activity:(a) self-care;(b) receptive and expressive language;(c) learning;(d) mobility;(e) self-direction;(f) capacity for independent living; and(g) economic self-sufficiency; and(5) reflects the person's need for a combination and sequence of special, interdisciplinary or generic care treatment or other support and services that are of life-long or extended duration and are individually planned and coordinated. B. A child, from birth through two years of age, who is at risk for or who has a developmental delay as defined by rules of the department is eligible for early intervention services.C. An individual who is eligible for developmental disability supports and services based on any previous definition of developmental disability used by the state and was receiving services on June 15, 1993 shall remain eligible for developmental disability supports and services. However, a child, from birth through age two who is determined to be at risk for or who has a developmental delay shall be eligible for early intervention services only, unless the child meets the criteria set forth in Subsection A of this section. History: Laws 1993, ch. 50, § 6; 2021, ch. 61, § 6. ANNOTATIONSThe 2021 amendment, effective June 18, 2021, clarified certain language related to eligibility for support and services; in Subsection A, after "chronic disability of", deleted "a person that" and added "an individual, which disability"; in Subsection B, deleted "are children" and added "A child, from"; and in Subsection C, deleted "is a person" and added "An individual", after "who is eligible for", added "developmental disability supports and", and after "receiving services on", deleted "the effective date of the Developmental Disabilities Act" and added "June 15, 1993 shall remain eligible for developmental disability supports and services".Am. Jur. 2d, A.L.R. and C.J.S. references. — What constitutes substantial limitation on major life activity of working for purposes of Americans with Disabilities Act (42 USCS § 12101-12213), 141 A.L.R. Fed. 603.
NM Stat § 28-16A-8 (2021)
2021 New Mexico Statutes|Chapter 28 - Human Rights|Article 16A - Developmental Disabilities|Section 28-16A-8 - Reporting on community services for persons with developmental disabilities.

The department of health, the human services department, the public education department, the vocational rehabilitation division of the public education department, the children, youth and families department, the New Mexico school for the blind and visually impaired and the New Mexico school for the deaf shall provide to the council, on an annual basis, information and data with respect to the actual or estimated number of individuals with developmental disabilities served by the agency, the type of services provided, any major changes in policies adopted in the previous year or anticipated in the coming year that have had or are expected to have a beneficial or deleterious effect on persons with developmental disabilities and any gaps in eligibility or services that pose a barrier to the provision of services needed by persons with developmental disabilities. History: Laws 1993, ch. 50, § 8; 2021, ch. 61, § 8. ANNOTATIONSThe 2021 amendment, effective June 18, 2021, required certain state agencies to provide to the developmental disabilities council, on an annual basis, information and data with respect to the actual or estimated number of individuals with developmental disabilities served by the agency, the type of services provided, any major changes in policies adopted in the previous year or anticipated in the coming year that have had or are expected to have a beneficial or deleterious effect on persons with developmental disabilities; in the section heading, deleted "Planning for" and added "Reporting on"; deleted former Subsection A and former subsection designation "B", after "New Mexico school for the deaf shall", deleted "each submit a plan for support and services for persons with developmental and other disabilities within a reasonable time to allow for meaningful coordination, review and comment by the developmental disabilities planning council"; and deleted former Subsection C and added the remainder of the section.
NM Stat § 28-16A-9 (2021)
2021 New Mexico Statutes|Chapter 28 - Human Rights|Article 16A - Developmental Disabilities|Section 28-16A-9 - Information and referral system; coordination and continuation.

In order to coordinate information and referral services and eliminate the duplication of effort, the council shall provide information and referral services for persons with disabilities, their families, providers of support and services and local and state agencies, including:A. the human services department;B. the department of health;C. the public education department and its vocational rehabilitation division;D. the New Mexico school for the deaf;E. the New Mexico school for the blind and visually impaired;F. the Carrie Tingley crippled children's hospital; andG. the children, youth and families department. History: Laws 1993, ch. 50, § 9; 2021, ch. 61, § 9. ANNOTATIONSThe 2021 amendment, effective June 18, 2021, made technical amendments; deleted "developmental disabilities planning" preceding "council"; and in Subsection E, after "school for the", added "blind and", and after "visually", deleted "handicapped" and added "impaired.
NM Stat § 28-16A-10 (2021)
2021 New Mexico Statutes|Chapter 28 - Human Rights|Article 16A - Developmental Disabilities|Section 28-16A-10 - Developmental disabilities council; staff.

The council shall employ an executive director, who is the administrative officer of the council. The executive director shall employ other necessary employees pursuant to the provisions of the Personnel Act [Chapter 10, Article 9 NMSA 1978]. History: Laws 1993, ch. 50, § 10; 2021, ch. 61, § 10. ANNOTATIONSThe 2021 amendment, effective June 18, 2021, made conforming changes due to the renaming of the developmental disabilities planning council as the developmental disabilities council; in the section heading, after "disabilities", deleted "planning"; and after the first occurrence of "The", deleted "developmental disabilities planning".
NM Stat § 28-16A-11 (2021)
2021 New Mexico Statutes|Chapter 28 - Human Rights|Article 16A - Developmental Disabilities|Section 28-16A-11 - Developmental disabilities council; reports.

The council shall submit reports on its preceding year's work to the governor and the interim legislative health and human services committee by November 1 of each year. The reports shall contain recommendations, if any, for legislation or other appropriate action. History: Laws 1993, ch. 50, § 11; 2021, ch. 61, § 11. ANNOTATIONSThe 2021 amendment, effective June 18, 2021, made conforming changes due to the renaming of the developmental disabilities planning council as the developmental disabilities council, and changed the date by when the council must submit reports on its preceding year's work; and after the first occurrence of "The", deleted "developmental disabilities planning", and after "human services committee by", changed "December" to "November".
NM Stat § 28-16A-12 (2021)
2021 New Mexico Statutes|Chapter 28 - Human Rights|Article 16A - Developmental Disabilities|Section 28-16A-12 - Developmental disabilities council; compensation.

Council members shall be reimbursed as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] and the federal Developmental Disabilities Assistance and Bill of Rights Act of 2000. Reasonable accommodations shall be made available to permit full participation in council activities by its members, including personal assistance to members with developmental disabilities and respite care for members that are parents, immediate relatives or legal guardians of persons with developmental disabilities. Other than what is required in the federal Developmental Disabilities Assistance and Bill of Rights Act of 2000, council members shall receive no other compensation, perquisite or allowance for their service on the council. History: Laws 1993, ch. 50, § 12; 2021, ch. 61, § 12. ANNOTATIONSThe 2021 amendment, effective June 18, 2021, made conforming changes due to the renaming of the developmental disabilities planning council as the developmental disabilities council, and included a provision allowing the council to be reimbursed as provided in the federal Developmental Disabilities Assistance and Bill of Rights Act of 2000; in the section heading, after "disabilities", deleted "planning"; deleted "Developmental disabilities planning", after "Per Diem and Mileage Act", added "and the federal Developmental Disabilities Assistance and Bill of Rights Act of 2000", and added "Other than what is required in the federal Developmental Disabilities Assistance and Bill of Rights Act of 2000, council members shall receive", and after "allowance", deleted "shall be received" and added "for their service on the council".
NM Stat § 28-16A-13 (2021)
2021 New Mexico Statutes|Chapter 28 - Human Rights|Article 16A - Developmental Disabilities|Section 28-16A-13 - Authorization for providing support and services for persons with developmental disabilities.

A. Subject to the availability of appropriations provided expressly for this purpose, the department may:(1) acquire, provide or coordinate support and services for persons with developmental disabilities; (2) enter into contracts and provider agreements with agencies and individuals capable of providing support and services to persons with developmental disabilities; and(3) establish advisory councils and task forces as necessary to guide the development and review of support and services to persons with developmental disabilities.B. Support and services shall be provided based on individual support and service plans developed by an interdisciplinary team. The team is responsible for collectively evaluating the child's or adult's needs and developing an individual support and service plan to meet the needs.C. The department shall:(1) solicit the involvement of consumers, providers, parents, professional organizations and other governmental organizations prior to the adoption or revision of any policies or regulations concerning the provision of support, services, standards or funding systems. Participants shall be selected in a manner that reflects geographical, cultural, organizational and professional representation across the state;(2) develop policies, procedures, rules and regulations that, to the extent possible, will promote uniformity in reimbursement and quality assurance systems regardless of the source of funding; and(3) convene and maintain a family infant toddler inter-agency coordinating council and a statewide adult support and services task force that shall, at a minimum, address quality assurance. History: Laws 1993, ch. 50, § 13; 2021, ch. 61, § 13. ANNOTATIONSThe 2021 amendment, effective June 18, 2021, made certain clarifying amendments; in the section heading, after "providing", deleted "community-based" and added "support and"; and in Subsection A, Paragraph A(2), after "persons with developmental disabilities", deleted "that promote the objectives of the department's state plan, prepared pursuant to Section 5 of the Developmental Disabilities Act".Governor entitled to legislative immunity. — Although actions of the governor recommending state appropriations for medicaid waivers, revamping the state personnel system and plan for growth in the medicaid programs were legislative in nature and therefore the governor is entitled to legislative immunity, Lewis v. New Mexico Dept. of Health, 275 F.Supp.2d 1319 (D.N.M. 2003), an action brought against other state officials in their individual capacities are permitted under the Ex Parte Young doctrine. Lewis v. N.M. Dept. of Health, 261 F.3d 970 (10th Cir. 2001).
NM Stat § 28-16A-14 (2021)
2021 New Mexico Statutes|Chapter 28 - Human Rights|Article 16A - Developmental Disabilities|Section 28-16A-14 - Quality assurance system.

A. The department shall develop and maintain a quality assurance system to improve and enhance the quality of support and services for persons with developmental disabilities. The management information system portion of the quality assurance system shall track and maintain information concerning the characteristics of the persons served, support and services received and the length of time support and services are provided. B. The program evaluation portion of the quality assurance system shall consist of a comprehensive collection of data from providers and analysis of measures of effectiveness, efficiency and consumer satisfaction. C. The department shall adopt regulations that ensure compliance with recognized professional standards for support and services. History: Laws 1993, ch. 50, § 14.
NM Stat § 28-16A-15 (2021)
2021 New Mexico Statutes|Chapter 28 - Human Rights|Article 16A - Developmental Disabilities|Section 28-16A-15 - Admission, transfer, withdrawal and discharge of persons receiving support and services purchased or provided by the department.

A. In cooperation with other state agencies, the department shall adopt requirements for admission, transfer, withdrawal and discharge of persons receiving support and services funded in whole or in part by state funds. B. The department shall maintain a centralized registry of persons who are requesting or receiving support and services and a centralized referral system that promotes the delivery of support and services within the person's home community and reflects the person's informed selection and choice of a support or service provider. This centralized referral system shall determine eligibility based on a comprehensive assessment and shall prioritize individuals waiting to access publicly funded developmental disability support and services. C. The centralized referral system shall maintain information regarding the needs of persons not receiving services and shall report the information annually to the legislature. The department shall have the authority to provide assessments and case management services to persons applying for and receiving publicly funded support and services necessary to implement the provisions of this section. History: Laws 1993, ch. 50, § 15.
NM Stat § 28-16A-16 (2021)
2021 New Mexico Statutes|Chapter 28 - Human Rights|Article 16A - Developmental Disabilities|Section 28-16A-16 - Determination of rates for payment for support and services.

A. The department shall develop, implement and maintain a provider reimbursement system based on the level of support and services required by a person with a developmental disability. B. If the approved funding from the legislature does not permit the implementation of a reimbursement system using the considerations provided for in this section, the department shall develop and implement a service reduction plan. C. The department shall report to the legislature and the governor the impact of any service reduction plans and the steps that will be taken to reinstate those services. D. The department shall report annually to the legislature and the governor an estimate of the costs of maintaining support and services for persons with developmental disabilities being served, including the effects of changes in the costs of providing support and services, an estimate of the costs of providing support and services to persons that are eligible for service but not receiving services, and the request of the department for funding of services. E. Contractors shall be required to submit records of support and services delivered as determined by the department, subject to monitoring by the department. F. Contingent upon appropriations, the department shall conduct an independent biannual cost study for the purpose of establishing payment rates. The results of this study shall be submitted to the legislature. History: Laws 1993, ch. 50, § 16.
NM Stat § 28-16A-17 (2021)
2021 New Mexico Statutes|Chapter 28 - Human Rights|Article 16A - Developmental Disabilities|Section 28-16A-17 - Independent status of service providers.

Except as otherwise provided, each service provider shall be considered to be an independent contractor and not an entity of state government. History: Laws 1993, ch. 50, § 17.
NM Stat § 28-16A-18 (2021)
2021 New Mexico Statutes|Chapter 28 - Human Rights|Article 16A - Developmental Disabilities|Section 28-16A-18 - Developmental disabilities early childhood evaluation system.

The state shall have a timely, comprehensive, multidisciplinary system for evaluating infants, toddlers and preschool-age children suspected of having developmental delays. Diagnostic evaluations for infants and toddlers shall address family service needs and shall include training capabilities to educate community providers and parents in the understanding and application of the evaluations. This diagnostic evaluation system shall be jointly provided through a coordinated system by the children's medical services bureau of the public health division or the developmental disabilities supports division of the department, the university of New Mexico's center for development and disability and the public education department. History: Laws 1993, ch. 50, § 18; 2021, ch. 61, § 14. ANNOTATIONSThe 2021 amendment, effective June 18, 2021, in the third sentence, after "developmental disabilities", added "supports", after "the university of New Mexico's", deleted "developmental disabilities team" and added "center for developmental and disability", after "and the", deleted "state department of", and after "public education", added "department".
NM Stat § 28-16A-19 (2021)
2021 New Mexico Statutes|Chapter 28 - Human Rights|Article 16A - Developmental Disabilities|Section 28-16A-19 - Information and referral task force creation.

There is created an information and referral task force located in the council to develop a statewide, comprehensive "211" information and referral plan for use as a telephone dialing code for access to health and human services. The plan shall include a tariff structure based on existing agreements, a common taxonomy of terms, coordination between public and private systems and standardized statewide training and exploration of a centralized information repository. The task force shall include representation from the department of health; the human services department; the children, youth and families department; the workforce solutions department; the aging and long-term services department; the internet long-term care link program; the governor's commission on disability; the New Mexico commission for the blind; the commission for deaf and hard-of-hearing persons; a statewide organization that raises money for health and human service purposes; and other interested parties. History: Laws 2003, ch. 323, § 1; 2021, ch. 61, § 15. ANNOTATIONSThe 2021 amendment, effective June 18, 2021, made technical amendments; after "referral task force located in the", deleted "developmental disabilities planning", after "children, youth and families department; the", deleted "labor" and added "workforce solutions", after the next occurrence of "the", deleted "state agency on", after "aging", added "and long-term services department", and after "governor's", deleted "committee on concerns of the handicapped" and added "commission on disability".
NM Stat § 28-16A-20 (2021)
2021 New Mexico Statutes|Chapter 28 - Human Rights|Article 16A - Developmental Disabilities|Section 28-16A-20 - Reporting; department of health; intermediate care facilities for individuals with intellectual disabilities; independent review.

Within thirty days of the date on which reporting pursuant to each review is available, the department shall provide the council with each report issued pursuant to the independent reviews of intermediate care facilities for individuals with intellectual disabilities that are performed pursuant to the requirements of federal law.History: Laws 2021, ch. 61, § 16. ANNOTATIONSEffective dates. — Laws 2021, ch. 61 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 2021, 90 days after adjournment of the legislature.
NM Stat § 28-16B-1 (2021)
2021 New Mexico Statutes|Chapter 28 - Human Rights|Article 16B - Office of Guardianship|Section 28-16B-1 - Short title.

Chapter 28, Article 16B NMSA 1978 may be cited as the "Office of Guardianship Act". History: Laws 2003, ch. 280, § 1; 2009, ch. 159, § 7. ANNOTATIONSCross references. — For mental health and development disabilities, see Chapter 43, Article 1 NMSA 1978. The 2009 amendment, effective June 19, 2009, changed the reference to the act to the chapter and article of NMSA 1978.
NM Stat § 28-16B-1.1 (2021)
2021 New Mexico Statutes|Chapter 28 - Human Rights|Article 16B - Office of Guardianship|Section 28-16B-1.1 - Professional guardian and conservator licensing.

As used in the Office of Guardianship Act:A. "professional guardian" means an individual or entity appointed by a court that serves as a guardian for more than two individuals who are not related to the guardian by marriage, adoption or third degree of blood or affinity; and B. "protected person" means a person eighteen years of age or older for whom a guardian or conservator has been appointed or other protective order has been made.History: Laws 2021, ch. 128, § 1. ANNOTATIONSEffective dates. — Laws 2021, ch. 128, § 14 made Laws 2021, ch. 128, § 1 effective July 1, 2021.