New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 12 - CORPORATE ELDERCARE › Section 9.2.12.10 - GENERAL PROVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				state agency on aging (state agency) must approve the provision of corporate
				eldercare services proposed by the area agency prior to the delivery of the
				service.
B. An area agency which
				engages in corporate eldercare and/or private case management services must:
(1) assure that all activities conform with
				the responsibilities of the area agency as described in the Older Americans
				Act, as amended, and the laws, regulations and policies of the state of New
				Mexico;
(2) assure that preference
				in receiving services will not be given to particular older individuals as a
				result of a contract or commercial relationship;
(3) focus on the needs of older persons in
				greatest need, with particular attention to low-income minority older persons,
				and engage only in activities which are consistent with its statutory mission
				and related state policy;
(4)
				maintain the integrity and public purpose of services provided, and service
				providers under the area plan, in all contracts or arrangements;
(5) disclose to the state agency and the
				commissioner of the U.S. administration on aging the identity of each
				non-governmental entity with which the area agency has a contract or commercial
				relationship relating to providing any services to older individuals and the
				nature of such contract or relationship;
(6) demonstrate that a loss or diminution in
				the quantity or quality of the services provided, or to be provided under the
				area plan has not resulted and will not result from such contract or
				relationship;
(7) demonstrate that
				the quantity or quality of the services provided in the area plan will be
				enhanced as a result of such contract or relationship;
(8) on request from the state agency or the
				commissioner, for the purpose of monitoring compliance with the act (including
				conducting an audit), disclose all sources and expenditures of funds received
				or expended to provide such services;
(9) not use Title III funds and related
				matching funds (or other public funds) to pay any of the cost (including AAA
				administrative costs) to provide corporate eldercare services;
(10) when entering into an eldercare
				contract, must assure, and include in its contract, that payment received from
				private third parties such as corporations fully covers, at a minimum, the cost
				of the services provided including the cost of administration and
				overhead;
(11) establish and
				maintain appropriate fiscal controls to provide separate accountability of
				public funds from funds received from a private corporation or other third
				party under a corporate eldercare contract, and shall account for private
				contract revenues and expenditures separately from federal and state funds
				awarded under the approved area plan;
(12) submit for state agency approval a cost
				allocation plan;
(13) provide
				documented assurances that public funds are not used to supplement third party
				payments made by a corporation under an eldercare contract;
(14) must include the results of all
				financial activity in their audited financial statements;
(15) describe the area agency's approach to,
				plans for and current involvement with corporate eldercare in the area plan or
				any amendment to the area plan;
(16) include in their area plan, and
				amendments thereof, an exhibit describing their relationships with the
				employer, insurance company or brokering organization, services rendered to
				older persons as a consequence of these agreements or contracts; and a signed
				statement of assurance of compliance with this policy;
(17) when proposing to furnish corporate
				eldercare services prior to the area plan or revision:
(a) obtain approval from the area agency
				governing board or entity;
(b) hold
				a public hearing on the proposed service and the impact on the area agency and
				the community;
(c) furnish the
				state agency with a service delivery plan and budget; and
(d) obtain approval from the state agency
				prior to entering into a contract to provide corporate eldercare;
(18) must assure that any
				involvement in providing corporate eldercare will not adversely impact upon or
				in any way create a conflict of interest or the appearance of a conflict of
				interest with the ability of the area agency to carry out its statutory
				mission;
(19) treat information
				collected and produced under any corporate eldercare contract, and all records
				maintained, the same as other information collected under the area plan and
				shall be available for review by the state agency and must be provided to the
				state agency upon request; and
(20)
				maintain the confidentially of all information collected on individual clients
				which is confidential.