reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES › Part 6 - REQUIREMENTS FOR COMMUNITY MENTAL HEALTH CENTERS › Section 8.321.6.62 - LABORATORY SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
A. All lab
				test results performed either at the facility or by contract or arrangement
				with another entity must be entered into the client's record.
B. All laboratory procedures including
				specimen collection will be conducted in accordance with acceptable standards
				of practice. A CLIA certificate will be appropriately maintained if so required
				by federal CLIA standards.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES › Part 6 - REQUIREMENTS FOR COMMUNITY MENTAL HEALTH CENTERS › Section 8.321.6.63 - RELATED REGULATIONS AND CODES

Current through Register Vol. 35, No. 13, July 16, 2024
Facilities or agencies subject to these regulations are also
				  subject to other regulations, codes and standards as the same may from time to
				  time be amended as follows.
A. Health
				facility licensure fees and procedures, New Mexico health care authority,
				8.370.3 NMAC;
B. Health facility
				sanctions and civil monetary penalties, 8.370.4 NMAC; and
C. Adjudicatory hearings, New Mexico health
				care authority, 8.370.2 NMAC.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES › Part 7 - BEHAVIORAL HEALTH CAPITAL FUND PROGRAM › Section 8.321.7.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
The behavioral health capital fund program rule shall apply
				  to the use of funds by eligible entities available pursuant to the Behavioral
				  Health Capital Funding Act, Sections 6-261., et seq., NMSA
				  1978.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES › Part 7 - BEHAVIORAL HEALTH CAPITAL FUND PROGRAM › Section 8.321.7.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is promulgated pursuant to:
(1) Subsection E of Section 9-8-6 NMSA 1978;
				and
(2) the Behavioral Health
				Capital Funding Act, Sections 6-26-1., et seq., NMSA 1978. Section 9-8-1 et
				seq. NMSA 1978 establishes the health care authority as a single, unified
				department to administer laws and exercise functions relating to health care
				purchasing and regulation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES › Part 7 - BEHAVIORAL HEALTH CAPITAL FUND PROGRAM › Section 8.321.7.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 2024, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES › Part 7 - BEHAVIORAL HEALTH CAPITAL FUND PROGRAM › Section 8.321.7.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective is to establish standards and procedures for
				  regulating programs under the Behavioral Health Capital Funding
				  Act.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES › Part 7 - BEHAVIORAL HEALTH CAPITAL FUND PROGRAM › Section 8.321.7.8 - LOAN APPLICATION PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Contingent upon a sufficient balance in
				the fund, the authority may accept applications at any point during the state
				fiscal year.
B. The authority will
				provide forms and guidelines for a loan application and applications must be
				submitted on that form. The application shall be signed by the authorized
				representative and submitted to the department. Only applications that are
				complete will be considered for a loan. The application shall include the
				following.
(1) The amount of the loan
				requested and an itemization of the proposed use or uses of the loan.
(2) A detailed description of the
				circumstances that demonstrate the need for the project, including:
(a) the eligibility of the
				applicant;
(b) the programmatic
				appropriateness;
(c) the facility's
				need;
(d) the needs of
				community.
(3) A
				detailed description of the project, including:
(a) a description of the scope of work of the
				project;
(b) the estimated cost of
				the project;
(c) the target date
				for the initiation of the project and the estimated time to
				completion;
(d) the estimated
				useful life of the project and selected components (furnishings, equipment,
				etc.), as detailed on the application form;
(e) proof of applicable licenses and
				certifications; and
(f) other data
				as requested by the department or the authority.
(4) A copy of the applicant's articles of
				incorporation and by-laws and a certificate of good standing from the New
				Mexico public regulation commission.
(5) A copy of the applicant's internal
				revenue service tax exempt determination letter.
(6) A letter certifying that the project was
				duly authorized and approved by the applicant's governing body.
(7) The identification of the source of funds
				for repayment of the loan and the source of funds to operate and maintain the
				project over its useful life.
(8)
				The applicant's audited financial reports for the most recent five years, or
				term of existence, along with its projected cash flows for five
				years.
(9) The requested loan
				payback period.
(10) Any existing
				title insurance policies, title abstracts or searches of the real property
				owned by the applicant.
(11)
				Information on the current and proposed services of the applicant to the sick
				and medically indigent.
(12)
				Additional information as requested by the department or the authority that is
				requested at any point in the application process.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES › Part 7 - BEHAVIORAL HEALTH CAPITAL FUND PROGRAM › Section 8.321.7.9 - EVALUATION OF APPLICANT AND PROJECT BY DEPARTMENT AND THE APPLICATION COMMITTEE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				department will determine whether an application is complete. Once the
				application is complete, the department will evaluate the application for
				eligibility and will determine the programmatic priority of the
				project.
B. To be eligible for a
				loan, an eligible entity must:
(1) be a
				provider or facility that meets the statutory definition of "eligible entity"
				provided for in the act;
(2) have
				policies and procedures that assure that no person will be denied services
				because of inability to pay; these policies and procedures must address the
				medically indigent persons below poverty not covered by third party payors and
				those between one hundred percent and two hundred percent of poverty without
				third party coverage; the eligible entity must be able to demonstrate either
				the successful impact of these policies and procedures, or have a practical
				plan for their implementation;
(3)
				have billing policies and procedures that maximize patient collections except
				where federal rules or contractual obligations prohibit the use of such
				measures; the eligible entity must be able to demonstrate either the successful
				impact of these policies and procedures, or have a practical plan for their
				implementation;
(4) provide
				evidence satisfactory to the authority that it has proper title, easements,
				leases, and right of ways to the property upon which any facility proposed for
				funding is constructed or improved;
(5) comply with all applicable federal,
				state, and local laws and rules;
(6) meet other requirements as determined by
				the department.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES › Part 7 - BEHAVIORAL HEALTH CAPITAL FUND PROGRAM › Section 8.321.7.10 - FINANCING APPROVAL BY THEAUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. The authority will perform an independent
				financial analysis of each application. In evaluating an application, the
				authority will consider.
(1) The applicant's
				demonstration that the excess of public support and revenues over expenses for
				the most recent fiscal year or the projected amount for the fiscal year after
				the project's completion (after adding back annual depreciation and interest)
				will provide sufficient coverage of the previous year's annual debt service and
				sufficient coverage of projected maximum annual debt service after accounting
				for the loan.
(2) The ability of
				the applicant to secure financing from other sources and the costs of the
				loan.
(3) The recommendations of
				the application committee.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES › Part 7 - BEHAVIORAL HEALTH CAPITAL FUND PROGRAM › Section 8.321.7.11 - RECONSIDERATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Decision by
				department as to eligibility. An applicant may request reconsideration of a
				contrary decision by the department as to whether it is an eligible entity as
				defined by the act and under these rules. Notice must be given to the
				department in writing within 10 working days of receipt of the department's
				decision as to eligibility. A request for reconsideration not timely or
				properly made will be barred. The department's secretary will promptly review
				each timely request for reconsideration. The decision of the department
				secretary is final. If the decision of the department secretary differs from
				the decision of the department as to an applicant's eligibility, evaluation of
				the application shall be resumed by the department based on the decision of the
				department secretary.
B. Decision
				by board as to funding. An applicant may request reconsideration of a decision
				by the board denying funding to an eligible entity by notifying the authority
				in writing within forty-five days of the date on which the authority gives
				notice of an adverse decision to an applicant. Notice of an adverse decision is
				deemed to be given on the fifth business day following the date on which
				written notice of the adverse decision is mailed to the applicant by the
				authority by certified United States mail. A request for reconsideration is
				deemed to have been given on the fifth business day following the date on which
				the request is mailed to the authority. A request for reconsideration not
				timely or properly made will be barred. The authority's chief executive officer
				will promptly review each timely request for reconsideration and will
				recommend, at the next regular meeting of the board, action to be taken by the
				board. The board will review and take action on the request for reconsideration
				and will notify the applicant of the board's decision, in writing, within five
				working days of the board's decision. The decision of the board is
				final.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES › Part 7 - BEHAVIORAL HEALTH CAPITAL FUND PROGRAM › Section 8.321.7.12 - LOAN DOCUMENTS AND AGREEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				authority and the eligible entity will enter into an agreement and any other
				applicable documentation to establish the terms and conditions of the loan. The
				agreement will include the terms of repayment and remedies and sanctions
				available to the authority in the event of a default. The authority will
				monitor and enforce the terms and conditions of the agreement, including prompt
				notice and collection. In consultation with the department, the authority will
				take actions as necessary to ensure loan repayment and the integrity of the
				fund. The authority will not monitor the performance of an eligible entity
				under department credentialing or licensure requirements nor for programmatic
				requirements and will not make site visits. The department will monitor the
				performance of an eligible entity under department credentialing or licensure
				requirements and for programmatic requirements and will make the necessary site
				visits. The authority will not be responsible for any act or omission of the
				applicant upon which any claim, by or on behalf of any person, firm,
				corporation or other legal entity, may be made, arising from the loan or any
				establishment or modification of the project or otherwise.
B. The board will establish the interest rate
				for loans. The board will set the rate at the lowest legally permissible
				interest rate. The interest rate shall not change during the term of the loan
				unless refinanced.
C. The agreement
				will contain provisions that require that.
(1)
				The applicant complies with all applicable federal, state and local laws and
				rules.
(2) Any contract or
				subcontract executed for the completion of any project shall contain a
				provision that there shall be no discrimination against any employee or
				applicant for employment because of race, color, creed, sex, religion, sexual
				preference, ancestry or national origin.
(3) The applicant shall require any
				contractor of a project to post a performance and payment bond in accordance
				with the requirements of Section 134-18 NMSA 1978 and its subsequent amendments
				and successor provisions.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES › Part 7 - BEHAVIORAL HEALTH CAPITAL FUND PROGRAM › Section 8.321.7.13 - ADMINISTRATION OF THE BEHAVIORAL HEALTH CAPITAL FUND

Current through Register Vol. 35, No. 13, July 16, 2024
A. The fund shall be administered by the
				authority as a separate account, but may consist of such sub accounts as the
				authority deems necessary to carry out the purposes of the fund.
B. Money from repayments of loans or payments
				on securities held by the authority for projects authorized specifically by law
				shall be deposited in the fund. The fund shall also consist of any other money
				appropriated, distributed or otherwise allocated to the fund for the purpose of
				financing projects authorized specifically by law.
C. The authority shall adopt a uniform
				accounting system for the fund and related accounts and sub-accounts
				established by the authority, based on generally accepted accounting
				principles.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES › Part 8 - ADMISSION CRITERIA FOR ALCOHOL AND SUBSTANCE SERVICES › Section 8.321.8.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Agencies which receive state or federal funding from the
				  division for the purpose of providing one or more of those substance abuse
				  services authorized by the Alcoholism and Alcohol Abuse Prevention, Screening
				  and Treatment Act (Sections 43-3-8, et seq. NMSA 1978) or the Drug Abuse Act
				  (Sections 26-2-1, et seq. NMSA 1978).
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES › Part 8 - ADMISSION CRITERIA FOR ALCOHOL AND SUBSTANCE SERVICES › Section 8.321.8.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Subsection E of Section 9-7-6 NMSA 1978 and Section 43-2-5
				  NMSA 1978. Section 9-8-1 et seq. NMSA 1978 establishes the health care
				  authority as a single, unified department to administer laws and exercise
				  functions relating to health care facility licensure and health care purchasing
				  and regulation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES › Part 8 - ADMISSION CRITERIA FOR ALCOHOL AND SUBSTANCE SERVICES › Section 8.321.8.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 2024, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES › Part 8 - ADMISSION CRITERIA FOR ALCOHOL AND SUBSTANCE SERVICES › Section 8.321.8.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To establish minimum standards for admission criteria,
				  policies and procedures for agencies providing substance abuse services. These
				  standards are designed to ensure that each agency that receives funding from
				  the division to provide substance abuse services has in place policies and
				  procedures regarding admissions that ensure nondiscrimination, confidentiality,
				  open accessibility to those policies, proper screening and assessment to match
				  the client to the appropriate service(s), maintenance of a waiting list, a
				  consistent intake procedure, provision of an orientation, development and
				  maintenance of a treatment plan, and appropriate referrals. These standards
				  also establish the basic procedure which must be followed once it has been
				  determined that it is appropriate to admit a client under one of the following
				  circumstances: admission to a substance abuse treatment facility of an adult
				  found able to consent; admission to a substance abuse treatment facility of an
				  adult found not able to consent; admission to a substance abuse treatment
				  facility of a minor; and necessity for the provision of emergency
				  services.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES › Part 8 - ADMISSION CRITERIA FOR ALCOHOL AND SUBSTANCE SERVICES › Section 8.321.8.8 - NONDISCRIMINATION POLICY

Current through Register Vol. 35, No. 13, July 16, 2024
Each agency shall have and utilize a written policy on
				  nondiscriminatory practices as described below:
A. No agency shall discriminate or permit
				discrimination against any person or group of persons in any treatment service
				on the basis of race, color, religious creed, age, marital status, national
				origin, sex, sexual preference or physical disability.
B. No person shall be denied admission into a
				treatment program solely or jointly because of:
(1) the inability to pay all or part of the
				cost of services, directly or through third party reimbursement;
(2) the number of prior admissions to
				treatment;
(3) the length of time
				since the last treatment;
(4) the
				location of last treatment; or
(5)
				a refusal to undergo previous treatment.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES › Part 8 - ADMISSION CRITERIA FOR ALCOHOL AND SUBSTANCE SERVICES › Section 8.321.8.9 - CONFIDENTIALITY

Current through Register Vol. 35, No. 13, July 16, 2024
Each agency shall have and utilize a written policy and
				  procedure for ensuring the confidentiality and security of all clients' case
				  records and identifying information which conform to the requirements of state
				  and federal confidentiality laws and regulations. The procedure must include,
				  but is not limited to:
A. a
				description of the process and requirements for disclosure of confidential
				information;
B. copies of forms for
				documenting the disclosure of confidential information and for obtaining the
				written consent of the client receiving services when such consent is required;
				and
C. staff training requirements
				on the content of state and federal laws related to confidentiality of client
				records.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES › Part 8 - ADMISSION CRITERIA FOR ALCOHOL AND SUBSTANCE SERVICES › Section 8.321.8.10 - APPLICATION FOR SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any
				individual who believes that they may have a substance related disorder may
				present themselves to any agency for the purpose of being screened, admitted or
				referred to an appropriate treatment program.
B. Any parent, guardian, spouse, or any
				interested individual may present an individual who may have a substance
				related disorder to an agency for the purpose of being screened, admitted or
				referred to the appropriate treatment program.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES › Part 8 - ADMISSION CRITERIA FOR ALCOHOL AND SUBSTANCE SERVICES › Section 8.321.8.11 - ADMISSION CRITERIA

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each
				agency shall have and utilize written admission criteria which shall be
				available to clients, staff, the division and community.
B. Agency admission criteria shall delineate
				guidelines which permit the clear identification of who is and is not eligible
				for admission.
C. No person shall
				be admitted into a program unless they meet the agency's admission criteria,
				and any person who is ineligible because they do not meet the admission
				criteria shall be re-referred to the original agency or to another appropriate
				agency. All referrals will be processed in accordance with Section 18 of these
				regulations.
D. The written
				admission criteria shall include, but not be limited to, consideration of the
				following factors:
(1) age;
(2) sex;
(3) physical health;
(4) mental status;
(5) previous treatment history;
(6) history of substance abuse; and
(7) current use of substance(s).
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES › Part 8 - ADMISSION CRITERIA FOR ALCOHOL AND SUBSTANCE SERVICES › Section 8.321.8.12 - SCREENING

Current through Register Vol. 35, No. 13, July 16, 2024
A. The agency shall
				screen the individual to determine:
(1) if the
				individual meets the programs criteria for admission;
(2) that the individual's needs are matched
				with the appropriate agency and treatment services;
(3) the least restrictive means of treatment
				is being provided; and
(4) whether
				the individual should be referred to a more appropriate agency for alternate
				services.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES › Part 8 - ADMISSION CRITERIA FOR ALCOHOL AND SUBSTANCE SERVICES › Section 8.321.8.13 - WAITING LIST

Current through Register Vol. 35, No. 13, July 16, 2024
The agency shall maintain an up-to-date and centrally located
				  waiting list. This waiting list is comprised of individuals who, though the
				  screening process, have met the agency's admission criteria and are waiting for
				  placement into the identified treatment program. Individuals on the waiting
				  list shall be rank ordered based on a prioritized need basis.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES › Part 8 - ADMISSION CRITERIA FOR ALCOHOL AND SUBSTANCE SERVICES › Section 8.321.8.14 - INTAKE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The acceptance
				of a client for treatment shall be based on an intake procedure and assessment
				of the client.
B. The agency shall
				have written policies and procedures governing the intake process including the
				following:
(1) the types of information to be
				obtained on all applicants prior to admission;
(2) the procedures to be followed when
				accepting referrals from outside agencies;
(3) the procedures to be followed for
				referrals when an applicant is found ineligible for admission. The reason for
				nonadmission shall be documented.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES › Part 8 - ADMISSION CRITERIA FOR ALCOHOL AND SUBSTANCE SERVICES › Section 8.321.8.15 - ASSESSMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Assessment shall
				be done by members of the treatment staff and shall be clearly explained to the
				client, family, spouse, guardian or other interested person as
				appropriate.
B. During the
				assessment process, the designated staff member shall collect the following
				information for each person:
(1) presenting
				problems;
(2) history of substance
				abuse and problems;
(3)
				identification of the alcohol or other drugs used;
(4) frequency and duration of use;
(5) method of administration;
(6) personal and family history;
(7) education and employment
				history;
(8) physical and medical
				history;
(9) legal
				history;
(10) previous treatment
				history;
(11) communicative and
				cognitive history;
(12) social and
				emotional history; and
(13)
				rehabilitative and vocational history.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES › Part 8 - ADMISSION CRITERIA FOR ALCOHOL AND SUBSTANCE SERVICES › Section 8.321.8.16 - ORIENTATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each client to
				be admitted shall receive an orientation in accordance with a written
				orientation policy and procedure.
B. Unless an emergency situation is
				documented during the intake/assessment process, each client to be admitted
				shall sign acknowledgment that they understands the following:
(1) the agency's policies, goals and
				objectives;
(2) the services
				offered by the agency and through referral to other service
				providers;
(3) the agency's hours
				of operation;
(4) the fee policy
				and fee schedule;
(5) the client's
				rights;
(6) the agency's
				expectations of the client;
(7) the
				protection and restrictions which derive from state and federal confidentiality
				law and regulations;
(8) the
				agency's rules and procedures and the consequences to the client of infractions
				of such rules, and the process for review and appeal; and
(9) the agency's termination and discharge
				procedures.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES › Part 8 - ADMISSION CRITERIA FOR ALCOHOL AND SUBSTANCE SERVICES › Section 8.321.8.17 - TREATMENT PLAN

Current through Register Vol. 35, No. 13, July 16, 2024
Based on the screening/ intake/assessment made of the
				  client's needs, a written treatment plan shall be developed and recorded in the
				  client's case record.
A. A preliminary
				treatment plan shall be developed as soon as possible.
B. The treatment may begin before completion
				of the plan.
C. The plan shall be
				development with the client, and the client's participation in the development
				of treatment goals shall be documented.
D. The treatment plan shall specify the
				services needed to meet the client's needs and attain the agreed-upon
				goals.
E. The treatment goals shall
				be developed with both short and long range expectations and written in
				measurable terms.
F. A designated
				treatment staff member shall have primary responsibility for treatment plan
				development and review.
G. The
				client's progress and current status in meeting the goals set in the treatment
				plan shall be reviewed by the client's treatment staff at regularly scheduled
				case conferences and shall include:
(1) the
				date and results of the review and any changes in the treatment plan shall be
				written into the client's case record;
(2) the participants in the case conference
				shall be recorded in the clients case record; and
(3) the designated treatment staff member
				shall discuss the review results with the client and document the client's
				acknowledgment of any changes in the plan.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES › Part 8 - ADMISSION CRITERIA FOR ALCOHOL AND SUBSTANCE SERVICES › Section 8.321.8.18 - REFERRAL

Current through Register Vol. 35, No. 13, July 16, 2024
There shall be written referral policies and procedures that
				  facilitate client referral between the agency and other community service
				  providers which include:
A. a
				description of the methods by which continuity of care is assured for the
				client;
B. a listing of resources
				that provide services to clients shall contain the following information:
(1) the name and location of the
				resource;
(2) the types of services
				the resource is able to provide;
(3) the individual to be contacted when
				making a referral to a resource;
(4) the resource's criteria for determining
				an individual's eligibility for its services; and
(5) the types of follow-up information that
				can be expected from the resource and how this information is to be
				communicated.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES › Part 8 - ADMISSION CRITERIA FOR ALCOHOL AND SUBSTANCE SERVICES › Section 8.321.8.19 - ADMISSION TO ALCOHOL/DRUG TREATMENT FACILITY OF ADULTS FOUND ABLE TO CONSENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. If the
				individual meets the agencys admission criteria and the
				screening/intake/assessment shows that:
(1)
				the person would benefit from services provided in a treatment facility
				(outpatient services, residential social detoxification, medical
				detoxification, residential long-term rehabilitation, residential short-term
				rehabilitation, etc.);
(2) the
				treatment facility is consistent with the least drastic means principle;
				and
(3) that the person was able to
				consent to admission to an agency, then the person shall have the option of
				accepting or rejecting the recommendation. The person's decision to accept
				treatment shall be recorded by signature and shall become part of the case
				record. If an agency agrees to provide treatment services to the person, the
				person, and only that person, shall determine whether he enters the treatment
				facility, unless the provisions of Subsection B of 8.321.8.19 NMAC of these
				regulations are invoked.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES › Part 8 - ADMISSION CRITERIA FOR ALCOHOL AND SUBSTANCE SERVICES › Section 8.321.8.20 - ADMISSION TO ALCOHOL/DRUG TREATMENT FACILITY OF ADULTS FOUND NOT ABLE TO CONSENT

Current through Register Vol. 35, No. 13, July 16, 2024
If a screening/intake/assessment shows that a person is found
				  not able to consent to, admission to an agency, and the
				  screening/intake/assessment shows that treatment services would be in the
				  persons best interest and will be consistent with the least drastic means
				  principle, then the agency may not admit the person without the consent of his
				  guardian, except that the person may be admitted pursuant to 8.321.8.22 NMAC as
				  an emergency admission while the person obtains a guardian or for a period not
				  to exceed five days.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES › Part 8 - ADMISSION CRITERIA FOR ALCOHOL AND SUBSTANCE SERVICES › Section 8.321.8.21 - ADMISSIONS OF MINORS TO ALCOHOL/DRUG TREATMENT FACILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. If the screening/ intake/assessment
				determines that a person who is also a minor needs services in an agency, and
				parents or guardian of the minor agree, then the minor may be admitted to an
				agency which agrees to serve the minor.
B. If a minor voluntarily seeks admission to
				a treatment facility, or if any interest person seeks to have a minor admitted,
				and no parent or guardian for the child can be located, then a guardian shall
				be appointed for the child under the provisions of the New Mexico Probate Code,
				and the admission procedure (except for emergency services) will not proceed
				until the guardian has been appointed.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES › Part 8 - ADMISSION CRITERIA FOR ALCOHOL AND SUBSTANCE SERVICES › Section 8.321.8.22 - EMERGENCY SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Services in an agency may be provided on an emergency basis to any individual
				believed to be diagnosed as having a substance related disorder when the agency
				determines that:
(1) there is imminent danger
				that the physical health or safety of the individual will be seriously impaired
				if the services are not provided, and that the normal admissions procedure,
				including screening, cannot be accomplished in time to avoid danger;
				or
(2) there is imminent danger
				that the physical health or safety of the individual will be seriously impaired
				if the services are not provided, and the person has been evaluated and found
				unable to consent to admission, but does not have a guardian.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES › Part 9 - PROCUREMENT OF PROFESSIONAL SERVICES FOR ALCOHOL AND SUBSTANCE ABUSE SERVICES › Section 8.321.9.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Each entity (offeror/contractor) which submits a proposal(s)
				  for or receives division funding for the purpose of establishing, expanding or
				  continuing one or more of those substance abuse services authorized by the
				  Alcoholism and Alcohol Abuse Prevention, Screening and Treatment Act (Sections
				  43-3-8 et seq. NMSA 1978) or the Drug Abuse Act (Sections 262-1 et seq. NMSA
				  1978) except where the content of a regulation or any portion thereof is
				  expressly applicable only to a specific group of offerors/
				  contractors.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES › Part 9 - PROCUREMENT OF PROFESSIONAL SERVICES FOR ALCOHOL AND SUBSTANCE ABUSE SERVICES › Section 8.321.9.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Subsection E of Section 9-8-6 NMSA 1978, Subsection A of
				  Section 43-3-11 NMSA 1978 of the Alcoholism and Alcohol Abuse Prevention,
				  Screening and Treatment Act (Sections 43-3-8 et seq. NMSA 1978), or Subsection
				  D of Section 26-2-4 of the Drug Abuse Act (Sections 26-2-1 et seq. NMSA 1978).
				  Section 9-8-1 et seq. NMSA 1978 establishes the health care authority
				  (authority) as a single, unified department to administer laws and exercise
				  functions relating to health care purchasing and regulation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES › Part 9 - PROCUREMENT OF PROFESSIONAL SERVICES FOR ALCOHOL AND SUBSTANCE ABUSE SERVICES › Section 8.321.9.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 2024, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES › Part 9 - PROCUREMENT OF PROFESSIONAL SERVICES FOR ALCOHOL AND SUBSTANCE ABUSE SERVICES › Section 8.321.9.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To establish procedures for procurement of professional
				  services by competitive sealed proposals for substance abuse treatment and/or
				  prevention services; and to establish minimum standards of eligibility for
				  division funding.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES › Part 9 - PROCUREMENT OF PROFESSIONAL SERVICES FOR ALCOHOL AND SUBSTANCE ABUSE SERVICES › Section 8.321.9.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Client"
means an individual or family requesting or receiving
				services.
B.
"Contractor"
means an entity under contract with the authority to
				provide substance abuse prevention, treatment, screening or assessment
				services.
C.
"Director"
means the director of the behavioral health services
				division/substance abuse of the New Mexico health care authority.
D.
"Division"
means the
				behavioral health services division of the New Mexico health care
				authority.
E.
"Division
				funding"
means funding from state and/ or federal sources that is
				available through the behavioral health services division of the New Mexico
				health care authority for the provision of substance abuse services.
F.
"Governing body"
means the
				group of individuals vested with an organization's policy-making authority for
				the management of that organization.
G.
"Offeror"
means an entity who
				submits a response to a request for proposals solicited by the
				division.
H.
"Secretary"
means the secretary of the New Mexico health care
				authority.
I.
"Standards"
means those policies and procedures stipulated in such
				regulations as may be amended or adopted by the authority.
J.
"Substance abuse"
means the
				use of one or more drugs, including alcohol, which significantly and negatively
				impacts one or more major areas of life functioning.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES › Part 9 - PROCUREMENT OF PROFESSIONAL SERVICES FOR ALCOHOL AND SUBSTANCE ABUSE SERVICES › Section 8.321.9.8 - MINIMUM STANDARDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. These
				regulations comprise the minimum standards of eligibility for division funding.
				Meeting the minimum standards of eligibility does not guarantee that a
				contractor/offeror will receive division funding, nor that funding will be
				awarded in subsequent fiscal years.
B. The division may impose additional
				requirements beyond those contained in these regulations on any
				contractor/offeror through terms in a contract between the contractor and the
				division. Additional requirements may be imposed when a contractor/offeror has
				limited financial management or service delivery experience, or has an
				inadequate performance record, or in order to correct specific weakness
				identified by the division.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES › Part 9 - PROCUREMENT OF PROFESSIONAL SERVICES FOR ALCOHOL AND SUBSTANCE ABUSE SERVICES › Section 8.321.9.9 - REQUIREMENTS OF OTHER AGENCIES

Current through Register Vol. 35, No. 13, July 16, 2024
A contractor/offeror who is required to be licensed by the
				  licensing and certification bureau of the public health division of the
				  department of health must obtain and retain such license.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES › Part 9 - PROCUREMENT OF PROFESSIONAL SERVICES FOR ALCOHOL AND SUBSTANCE ABUSE SERVICES › Section 8.321.9.10 - WAIVER

Current through Register Vol. 35, No. 13, July 16, 2024
A. At the request
				of a contractor/offeror and with the director's authorization, the division may
				issue a written waiver of any of the requirements of these regulations which
				are not otherwise required by law.
B. The request for waiver must be in writing
				and must be signed by the authorized signatory of the contractor/offeror. The
				waiver may be granted only if accompanied by documentation which demonstrates
				that the waiver is in the best interest of the contractor's/offeror's
				clients.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES › Part 9 - PROCUREMENT OF PROFESSIONAL SERVICES FOR ALCOHOL AND SUBSTANCE ABUSE SERVICES › Section 8.321.9.11 - REVIEW AND EVALUATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				contractor's performance shall be evaluated by review of:
(1) its compliance with all applicable
				federal and state rules and regulations, including such regulations as may be
				amended or adopted by the authority, and the terms and conditions of its
				individual contract;
(2) the degree
				of achievement of its own self-described objectives as negotiated between the
				contractor and the division as described in the contractor's approved funding
				proposal;
(3) its financial and
				client status reports to the division and annual audit; and
(4) the fiscal solvency of the
				contractor.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES › Part 9 - PROCUREMENT OF PROFESSIONAL SERVICES FOR ALCOHOL AND SUBSTANCE ABUSE SERVICES › Section 8.321.9.12 - REQUEST FOR PROPOSAL PROCESS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				public notice of the request for proposals (RFP) shall be given by publishing a
				notice not less than ten (10) calendar days prior to the date set for receipt
				of the proposal. The notice shall be published at least once in a newspaper of
				a general circulation in New Mexico or the community where services are
				proposed. For all expenditures over $20,000, copies of the notice shall also be
				sent to interested persons and business who have signified in writing an
				interest in submitting proposals for particular categories of
				services.
B. The division will
				initiate the process for procurement of services through a request for
				proposals. The RFP shall be issued soliciting competitive proposals, and shall
				include (but not be limited to) the following:
(1) the type of service(s) to be procured
				(i.e., residential, outpatient, prevention, etc.) and the anticipated amount of
				funding available;
(2) all
				contractual terms and conditions applicable to the procurement;
(3) the location where proposals are to be
				received;
(4) the date, time and
				place where proposals are to be received and reviewed;
(5) a statement of relative weights to be
				given to the factors when evaluating proposals;
(6) a statement that offerors submitting
				proposals may be afforded an opportunity for discussion and revision of
				proposals (revisions may be permitted after submission of proposals and prior
				to award for the purpose of obtaining best and final offers);
(7) a statement that the contents of any
				proposal shall not be disclosed so as to be available to competing offerors
				during the negotiation process; and
(8) a statement which reads as follows: "The
				Procurement Code, Sections 13-128 through 13-1-199, NMSA 1978, imposes civil
				and criminal penalties for its violation. In addition, the New Mexico Criminal
				Statutes impose felony penalties for illegal bribes, gratuities and
				kickbacks."
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES › Part 9 - PROCUREMENT OF PROFESSIONAL SERVICES FOR ALCOHOL AND SUBSTANCE ABUSE SERVICES › Section 8.321.9.13 - PROPOSAL PROCESS/PROCEDURE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				All offerors submitting proposals for division funding shall utilize the format
				and forms designated by the division and shall submit all information and
				copies consistent with instructions stipulated in the RFP packet.
B. The proposal by a non-profit corporation
				shall be signed by the signatory authorized by the organizations board of
				directors. The proposal of a municipality or other public body shall be signed
				by a signatory authorized by the municipality or the local public
				body.
C. The services for which an
				offeror seeks division funding must be consistent with the service needs for
				which the RFP is intended.
D. The
				division may, at its discretion, request proposals to meet service needs or
				establish research or demonstration projects. Offerors responding to such
				division requests for proposals shall submit their proposals in the form, time,
				and manner indicated in the division's request for such proposal.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES › Part 9 - PROCUREMENT OF PROFESSIONAL SERVICES FOR ALCOHOL AND SUBSTANCE ABUSE SERVICES › Section 8.321.9.14 - RECEIPT OF PROPOSALS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Completed proposals shall be submitted to the division or the organizational
				unit designated within the division as specified in the notice of the
				RFP.
B. The organizational unit of
				the division receiving the completed proposal(s) shall establish a log of all
				proposals received, which shall include the date and time each proposal was
				received, the name of the offeror, and a description of the proposal sufficient
				to identify the service(s) offered.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES › Part 9 - PROCUREMENT OF PROFESSIONAL SERVICES FOR ALCOHOL AND SUBSTANCE ABUSE SERVICES › Section 8.321.9.15 - PROPOSAL REVIEW/RECOMMENDATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Division staff shall, immediately upon
				receipt of proposals or soon after the deadline for submission, evaluate every
				responsive proposal submitted.
B.
				All responsive proposals will be evaluated and ranked in order, taking into
				consideration the evaluation factors and relative weights set forth in the
				request for proposals.
C. The list
				of proposals (in rank order) and the final recommendations from division staff
				will be provided to the director.
D. The director will recommend to the
				secretary of the authority those proposals selected for award of contracts for
				proposed services.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES › Part 9 - PROCUREMENT OF PROFESSIONAL SERVICES FOR ALCOHOL AND SUBSTANCE ABUSE SERVICES › Section 8.321.9.16 - CONTRACT NEGOTIATION/AWARD/ NOTICE/ACCEPTANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The secretary of the authority will award
				a contract(s) to the offeror(s) which is (are) most advantageous to the
				authority.
B. The division's award
				is contingent upon the offerors acceptance of any additional or special terms
				and conditions listed in the contract and any changes in the funding proposal.
				The offeror shall indicate acceptance of the award and any special or
				additional conditions it contains during the negotiation process and by signing
				and returning the contract to the division's offices. The contract shall become
				legally binding upon approval by the department of finance and administration
				of the written document.
C. The
				division will notify in writing each offeror of the outcome of the award
				process and will soon thereafter begin negotiations with the offeror(s)
				accepted.
D. All contracts for
				services with the authority shall be reviewed:
(1) as to form and legal sufficiency by the
				office of general counsel of the authority;
(2) for budget sufficiency by the
				administrative services division of the authority; and
(3) by the department of finance and
				administration for form, legal sufficiency and budget requirements pursuant to
				Section 13-1-118 NMSA 1978.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES › Part 9 - PROCUREMENT OF PROFESSIONAL SERVICES FOR ALCOHOL AND SUBSTANCE ABUSE SERVICES › Section 8.321.9.17 - PROTEST PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
All protests filed with the authority will be governed by
				  7.1.6 NMAC, "Protest Procedure Under the Procurement Code", or such regulations
				  as may be amended or adopted by the authority.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES › Part 10 - OPIOID TREATMENT PROGRAMS › Section 8.321.10.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is applicable to opioid treatment programs. These
				  regulations are not intended to preempt county or municipal ordinances that
				  supplement and do not conflict with these regulations. County and municipal
				  ordinances are preempted when they conflict with these
				  regulations.