2023 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 persons 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 a child's or adult's needs and developing an individual support and service plan to meet the needs; provided that the early childhood education and care department shall be responsible for the team that is evaluating a child for family, infant, toddler program services.
C. The department or, for children eligible for family, infant, toddler program services, the early childhood education and care department shall:
(1) solicit the involvement of consumers, providers, parents, professional organizations and other governmental organizations prior to the adoption or revision of rules 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 rules, including policies and procedures 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 interagency 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; 2022, ch. 30, § 11.
ANNOTATIONS
The 2022 amendment,
effective July 1, 2022, provided that the early childhood education and care department is responsible for the team that evaluates and provides services for children eligible for family, infant, toddler program services; in Subsection B, added "provided that the early childhood education and care department shall be responsible for the team that is evaluating a child for family, infant, toddler program services"; and in Subsection C, after "The department", added "or, for children eligible for family, infant, toddler program services, the early childhood education and care department".
The 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).