2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 16A - Developmental Disabilities › Section 28-16A-3 - Definitions.

As used in the Developmental Disabilities Act:
A. "assessment" means a process for measuring and determining a person's strengths, needs and preferences to determine eligibility for support and services and to develop or modify an individual support and service plan;
B. "case management" means a process that:
(1) assists a person with a developmental disability to know and understand the person's choices and rights and to obtain support and services that the person is eligible to receive and that are reflected in the individual support and service plan; and
(2) monitors the provision of support and services received by a person with a developmental disability;
C. "comprehensive review and analysis" means the comprehensive review and analysis conducted pursuant to Subsection A of Section 28-16A-7 NMSA 1978;
D. "council" means the developmental disabilities council;
E. "department" means the department of health;
F. "diagnostic evaluation" means an empirical process that determines if, and to what degree, a person has a developmental deficiency and the type of intervention and services that are needed for the person and that person's family;
G. "direct support professional" means a non-administrative employee or subcontractor of a direct support provider agency who spends the majority of the employee's or subcontractor's work hours providing supportive services to individuals with developmental disabilities living and working in the community;
H. "direct support provider agency" means an entity that:
(1) has entered into a medicaid provider participation agreement with the medical assistance division of the human services department [health care authority department] and a provider agreement with the department of health;
(2) is reimbursed for services provided to persons through a developmental disabilities medicaid waiver program; and
(3) employs or subcontracts with direct support professionals to provide services to persons with developmental disabilities;
I. "inclusive" means using the same community resources that are used by and available to all citizens and developing relationships with nonpaid caregivers or recipients of support and services for persons with developmental disabilities;
J. "individual support and service plan" means a plan developed by an interdisciplinary team and agreed to by a person with a developmental disability, or by a parent of a minor or a legal guardian, as appropriate, that describes the combination and sequence of special, interdisciplinary or generic care, treatment or other support and services that are needed and desired by a person with a developmental disability;
K. "interdisciplinary team" means a group of persons drawn from or representing professions that are relevant to identifying the needs of a person with a developmental disability and designing a program to meet that person's needs. The team shall include the person with a developmental disability, the parent of a minor child or a legal guardian, as appropriate;
L. "self-determination" means having:
(1) the ability and opportunity to:
(a) communicate and make personal decisions;
(b) communicate choices and exercise control over the type and intensity of services, supports and other assistance that an individual receives; and
(c) participate in, and contribute to, an individual's community;
(2) the authority to control resources to obtain needed services, supports and other assistance; and
(3) support, including financial support, to advocate for oneself and others, develop leadership skills through training in self-advocacy, participate in coalitions, educate policymakers and play a role in the development of public policies that affect individuals with developmental disabilities; and
M. "service provider" means a nonprofit corporation, tribal government or tribal organization, unit of local government or other organization that has entered into a contract or provider agreement with the department for the purpose of providing developmental disabilities support and services.
History:
Laws 1993, ch. 50, § 3; 2021, ch. 61, § 3; 2023, ch. 160, § 1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Laws 2023, ch. 205, § 16 provided that references to the human services department shall be deemed to be references to the health care authority department.
The 2023 amendment,
effective June 16, 2023, defined "direct support professional" and "direct support provider agency"; and added new Subsections G and H and redesignated former Subsections G through K as Subsections I through M, respectively.
The 2021 amendment,
effective June 18, 2021, defined "comprehensive review and analysis" and "council", and revised the definitions of certain terms, as used in the Developmental Disabilities Act; in Subsection B, Paragraph B(2), after "person", added "with a developmental disability"; added new Subsections C and D and redesignated former Subsections C through G as Subsections E through I, respectively; and added Subsection J and redesignated former Subsection H as Subsection K.