reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 5 - SERVICE PLANS FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES LIVING IN THE COMMUNITY › Section 8.371.5.14 - DEVELOPMENT OF THE INDIVIDUAL SERVICE PLAN (ISP) - CONTENT OF INDIVIDUAL SERVICE PLANS

Current through Register Vol. 35, No. 13, July 16, 2024
Each ISP shall contain.
A. Demographic information: The individual's
				name, age, date of birth, important identification numbers (ie., medicaid,
				medicare, social security numbers), level of care address, phone number,
				guardian information (if applicable), physician name and address, primary care
				giver or service provider(s), date of the ISP meeting (either annual, or
				revision), scheduled month of next annual ISP meeting, and team members in
				attendance.
B. Long term vision:
				The vision statement shall be recorded in the individual's actual words,
				whenever possible. For example, in a long term vision statement, the individual
				may describe him or herself living and working independently in the
				community.
C. Outcomes:
(1) The IDT has the explicit responsibility
				of identifying reasonable services and supports needed to assist the individual
				in achieving the desired outcome and long term vision. The IDT determines the
				intensity, frequency, duration, location and method of delivery of needed
				services and supports. All IDT members may generate suggestions and assist the
				individual in communicating and developing outcomes. Outcome statements shall
				also be written in the individual's own words, whenever possible. Outcomes
				shall be prioritized in the ISP.
(2) Outcomes planning shall be implemented in
				one or more of the four "life areas" (work or leisure activities, health or
				development of relationships) and address as appropriate home environment,
				vocational, educational, communication, self-care, leisure/ social, community
				resource use, safety, psychological/behavioral and medical/health outcomes. The
				IDT shall assure that the outcomes in the ISP relate to the individual's long
				term vision statement. Outcomes are required for any life area for which the
				individual receives services funded by the developmental disabilities meadicaid
				waiver.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 5 - SERVICE PLANS FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES LIVING IN THE COMMUNITY › Section 8.371.5.15 - DEVELOPMENT OF THE INDIVIDUAL SERVICE PLAN (ISP) - APPROVAL OF THE ISP BY THE DEVELOPMENTAL DISABILITIES SUPPORTS DIVISION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The ISP for recipients of the medicaid
				developmental disabilities waiver services (including
Jackson
class members) must be reviewed by the DDSD as to the cost of the individual's
				ISP and aggregate costs of ISPs and as to compliance with DDSD standards and
				medicaid regulations. If the DDSD does not approve an ISP because of cost or
				non-compliance, the ISP will be returned to the IDT with appropriate
				instructions to develop an ISP that meets requirements and is within the DDSD's
				budget parameters. The ISP for developmentally disabled medicaid waiver
				recipients (including
Jackson
class members) shall not be
				implemented until approval by the DDSD.
B. Because cost limitations are established
				upfront in the contracting process for persons funded solely by state general
				funds, the above ISP review and approval process (per Subsection A of
				8.371.5.15 NMAC above) is not required. The DDSD reserves the right to conduct
				on-site review for compliance with these regulations.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 5 - SERVICE PLANS FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES LIVING IN THE COMMUNITY › Section 8.371.5.16 - DEVELOPMENT OF THE INDIVIDUAL SERVICE PLAN (ISP) - IMPLEMENTATION OF THE ISP

Current through Register Vol. 35, No. 13, July 16, 2024
The ISP shall be implemented according to the timelines
				  determined by the IDT and as specified in the ISP for each stated desired
				  outcome and action plan.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 5 - SERVICE PLANS FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES LIVING IN THE COMMUNITY › Section 8.371.5.17 - DEVELOPMENT OF THE INDIVIDUAL SERVICE PLAN (ISP) - DISSEMINATION OF THE ISP, DOCUMENTATION AND COMPLIANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				case manager shall provide copies of the completed ISP, with all relevant
				service provider strategies attached, within 14 days of ISP approval to:
(1) the individual;
(2) the guardian (if applicable);
(3) all relevant staff of the service
				provider agencies in which the ISP will be implemented, as well as other key
				support persons;
(4) all other IDT
				members in attendance at the meeting to develop the ISP;
(5) the individual's attorney, if
				applicable;
(6) others the IDT
				identifies, if they are entitled to the information, or those the individual or
				guardian identifies;
(7) for all
				developmental disabilities mediciad waiver recipients, including
Jackson
class members, a copy of the completed ISP containing
				all the information specified in 8.371.5.14 NMAC, including strategies, shall
				be submitted to the local regional office of the DDSD;
(8) for
Jackson
class
				members only, a copy of the completed ISP, with all relevant service provider
				strategies attached, shall be sent to the
Jackson
lawsuit
				office of the DDSD.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 5 - SERVICE PLANS FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES LIVING IN THE COMMUNITY › Section 8.371.5.18 - SANCTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The authority or other governmental agency having regulatory
				  enforcement authority for community based services provider agencies who have
				  entered into contracts or medicaid provider agreements with the health care
				  authority, developmental disabilities supports division, may sanction in
				  accordance with applicable law if the service provider fails to provide
				  services as set forth by this rule. Such sanctions may include revocation or
				  suspension of license, directed plan of correction, intermediate sanctions or
				  civil monetary penalty up to $5000 per instance, or termination or nonrenewal
				  of any contract with the authority or other governmental
				  agency.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 6 - REQUIREMENTS FOR DEVELOPMENTAL DISABILITIES COMMUNITY PROGRAMS › Section 8.371.6.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
These regulations apply to all community agencies who have
				  entered into contracts or medicaid provider agreements with the health care
				  authority, developmental disabilities division, to provide services to persons
				  with developmental disabilities.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 6 - REQUIREMENTS FOR DEVELOPMENTAL DISABILITIES COMMUNITY PROGRAMS › Section 8.371.6.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections 2816-7 and 28-16-8, NMSA 1978, (the Developmental
				  Disabilities Community Services Act) and Subsection E of Section 9-8-6 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 371 - DEVELOPMENTAL DISABILITIES › Part 6 - REQUIREMENTS FOR DEVELOPMENTAL DISABILITIES COMMUNITY PROGRAMS › Section 8.371.6.5 - 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 371 - DEVELOPMENTAL DISABILITIES › Part 6 - REQUIREMENTS FOR DEVELOPMENTAL DISABILITIES COMMUNITY PROGRAMS › Section 8.371.6.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. These
				regulations are being promulgated to promote and assure the provision of
				quality services to persons with developmental disabilities residing in
				community agencies.
B. These
				regulations are being promulgated as part of a quality assurance initiative
				requiring all community agencies providing services to persons with
				developmental disabilities and contracting with the developmental disabilities
				division to be accredited by the commission on accreditation of rehabilitation
				facilities (CARF).
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 6 - REQUIREMENTS FOR DEVELOPMENTAL DISABILITIES COMMUNITY PROGRAMS › Section 8.371.6.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Adult"
means an individual who has attained the age of 18
				years.
B.
"Community
				agency"
means any nonprofit or for profit corporation, tribal
				organization, unit of local government, or other organization which has entered
				into a contract with the authority for the purpose of providing developmental
				disabilities services.
C.
"Community living setting"
refers, for the purpose of these
				regulations, to a community living situation supervised by a community agency,
				which:
(1) provides living arrangements for
				persons with a developmental disability; and
(2) is located in the community. Such
				facilities may include licensed group homes, foster homes, family living
				situations, supported living situations, companion homes, semi-independent
				living and assisted living residences or similar residences or innovative
				residential settings. When personal care and respite services are the sole
				services provided to the individual, these services are not included under the
				definition for "community living setting" as long as they are provided in the
				individual's or family's personal home which is not under the direct auspices
				or control of the community agency.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 6 - REQUIREMENTS FOR DEVELOPMENTAL DISABILITIES COMMUNITY PROGRAMS › Section 8.371.6.8 - ELIGIBILITY FOR SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Community agencies shall establish clearly written criteria for eligibility
				which correspond with the definitions of "developmental disability",
				"developmental delay" and "at risk for developmental delay" as defined within
				these regulations:
B. Community
				agencies shall have written procedures for notifying the person(s) served of
				their eligibility status.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 6 - REQUIREMENTS FOR DEVELOPMENTAL DISABILITIES COMMUNITY PROGRAMS › Section 8.371.6.9 - CONSENT SCREENING FOR PERSONS ENTERING COMMUNITY LIVING FACILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Prior to
				admission into a community living setting, community agencies shall convene an
				interdisciplinary team (IDT) to determine if the person served has the ability
				to consent to a residential placement or is likely to need consent screening.
				This determination and its justification is to be documented in writing. If the
				IDT determines:
(1) that the person served
				does not need consent screening, then the person served should at this point be
				given the option to accept or reject the community agency's services.
(2) that the person served needs consent
				screening, the ability to consent should then be determined using the consent
				screening instrument.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 6 - REQUIREMENTS FOR DEVELOPMENTAL DISABILITIES COMMUNITY PROGRAMS › Section 8.371.6.10 - ADMISSION TO COMMUNITY LIVING SETTINGS

Current through Register Vol. 35, No. 13, July 16, 2024
A. If the person served is found able to
				consent and agrees to be admitted to the community living-setting they shall
				record their signature or make other appropriate designation of approval on the
				admissions document.
B. If the
				person served is found able to consent and the IDT indicates that the person
				served would benefit from placement in a community-living setting, but the
				person served refuses such placement attempt, then the person served may be
				admitted only upon involuntary commitment under Sections 43-113 NMSA 1978, or
				43-1-11 NMSA 1978 and 43-1-12 NMSA 1978 of the New Mexico Mental Health and
				Developmental Disabilities Code.
C.
				If the person served is found not able to give consent and the IDT indicates
				that the person served would benefit from placement in a community-living
				setting, then the program may not admit the person without the consent of a
				guardian legally authorized to provide or withhold such consent. The exception
				would be in the case of an emergency admission for a period not to exceed 90
				days, pursuant to 8.371.6.12 NMAC.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 6 - REQUIREMENTS FOR DEVELOPMENTAL DISABILITIES COMMUNITY PROGRAMS › Section 8.371.6.11 - WAITING LIST

Current through Register Vol. 35, No. 13, July 16, 2024
The authority shall maintain an up-to-date waiting list
				  consisting of all persons who need placement in a community living-setting, but
				  are not yet placed in a community living setting. Any program with an opening
				  in a community living-setting may select any person from the waiting list of
				  persons from the developmental disabilities bureau of the authority who has
				  been evaluated for admission to the community living-setting. A person should
				  not be admitted to a community living setting unless the community agency
				  agrees to serve that person.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 6 - REQUIREMENTS FOR DEVELOPMENTAL DISABILITIES COMMUNITY PROGRAMS › Section 8.371.6.12 - EMERGENCY SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Services in a community living setting may be provided on an emergency basis to
				any person believed to be developmentally disabled when a community agency
				determines that there is imminent danger that the physical health or safety of
				the person will be seriously impaired if the services are not provided, and
				that the normal admissions procedure, including consent screening and
				evaluation, cannot be accomplished in time to avoid danger.
B. When emergency services are provided, the
				community agency should document the nature of the emergency resulting in
				services being provided.
C. When
				the person served is receiving emergency services, the community agency should
				evaluate the person in a timely manner to determine if the person served will
				continue to receive services from their community agency.
D. Emergency services should not be provided
				for more than seven days unless an evaluation has begun, or, for more than 21
				days in total, unless a court or the authority orders otherwise.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 6 - REQUIREMENTS FOR DEVELOPMENTAL DISABILITIES COMMUNITY PROGRAMS › Section 8.371.6.13 - NOTICE OF THE DEATH OF A PERSON SERVED

Current through Register Vol. 35, No. 13, July 16, 2024
A. The agency shall have policies and
				procedures regarding the death of a person under supervision of the agency.
				These policies and procedures shall include:
(1) staff responsibilities and protocols for
				handling the immediate situation;
(2) person(s) to be notified and procedure
				for notification;
(3) provisions
				for disposal of estate and person's funds, when person has no relevant
				person(s) to perform these duties.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 6 - REQUIREMENTS FOR DEVELOPMENTAL DISABILITIES COMMUNITY PROGRAMS › Section 8.371.6.14 - CARF STANDARDS MANUAL FOR ORGANIZATIONS SERVING PEOPLE WITH DEVELOPMENTAL DISABILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
Community agencies governed by these regulations are required
				  to meet applicable provisions of the most current edition of the "
CARF
				  standards manual for organizations serving people with disabilities
".
				  Sections of the CARF standards may be waived by the authority when deemed not
				  applicable to the services provided by the community agency.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 7 - (APPENDIX A) INDIVIDUAL TRANSITION PLANNING PROCESS › Section 8.371.7.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The regulations
				provide a systematic process for the individualized planning and implementation
				of a developmentally disabled resident's transition from the two large,
				state-operated institutional facilities into a community setting.
B. The ITP process described in this document
				is intended to develop a proposed community placement for an individual based
				upon the individual's preferences and upon community service provider
				selections made generally by the individual's parent/guardian in consultation
				with the individual. As specified in Activity 19, below, the placement proposal
				developed by this process is subject to the health care authority review of the
				cost of the individual's plan or aggregate costs.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 7 - (APPENDIX A) INDIVIDUAL TRANSITION PLANNING PROCESS › Section 8.371.7.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section 9-7-6 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
				  facility licensure and health care purchasing and regulation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 7 - (APPENDIX A) INDIVIDUAL TRANSITION PLANNING PROCESS › Section 8.371.7.5 - 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 371 - DEVELOPMENTAL DISABILITIES › Part 7 - (APPENDIX A) INDIVIDUAL TRANSITION PLANNING PROCESS › Section 8.371.7.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. These
				regulations are promulgated, in part, to satisfy requirements arising from the
				implementation of the decision in
Jackson, et al, v. Fort
				Stanton
, et al., N.M. Dist. Ct. No. Civ. No. 87-839. The transition
				process appearing in these regulations has evolved over time, initially
				appearing as Appendix A to the Jackson Management Manual. This transition
				planning process history accounts for the continuing reference in the
				regulation title to Appendix A. The regulations embody certain agreements and
				arrangements reached by the parties to the
Jackson
lawsuit.
				And they reflect the developmental disabilities division's cumulative
				experience in planning and administering the transition process.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 7 - (APPENDIX A) INDIVIDUAL TRANSITION PLANNING PROCESS › Section 8.371.7.8 - INTRODUCTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. There are two
				planning components that must be accomplished concurrently:
(1) planning and effecting the move for each
				individual who will be moving; and
(2) planning and preparing the system of
				community supports.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 7 - (APPENDIX A) INDIVIDUAL TRANSITION PLANNING PROCESS › Section 8.371.7.9 - BASIC CONCEPTS AND ITP DEVELOPMENT GUIDELINES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Individual transition planning is founded
				on the following basic concepts:
(1)
				Individual transition planning strives for the goal that the individual can
				live in and be a part of a community in the same manner and to the same extent
				as would any other person of like age and interests.
(2) There are no starting assumptions based
				on models of service. Planning is not performed in order to fit an individual
				into existing models of service, but rather to tailor necessary supports to the
				individual who is moving, through uniquely individualized planning.
(3) Supports and services are provided to the
				extent there is a demonstrated individual need, and no more.
(4) All persons have strengths and interests
				and are capable of growth and development, at differing paces.
(5) Successful human planning starts from and
				builds on individual strengths and interests, not deficits.
(6) Human planning must be flexible and
				responsive to changing individual circumstances and environments.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 7 - (APPENDIX A) INDIVIDUAL TRANSITION PLANNING PROCESS › Section 8.371.7.10 - THE INTERDISCIPLINARY TEAM

Current through Register Vol. 35, No. 13, July 16, 2024
Each individual residing at Los Lunas or Fort Stanton
				  hospital and training school has an interdisciplinary team (IDT), which is
				  responsible for developing the individual program plan (IPP) as long as the
				  individual resides in the facility. It is the individual's IDT that, among its
				  other activities, has the responsibility for recommending the individual for
				  community placement. Once that recommendation is made, transition planning is
				  begun. To successfully accomplish the development of an ITP, each individual's
				  IDT shall expand to include community membership and become the transition
				  interdisciplinary team (TIDT).
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 7 - (APPENDIX A) INDIVIDUAL TRANSITION PLANNING PROCESS › Section 8.371.7.12 - PREPARATION FOR PARTICIPATION IN TRANSITION PLANNING

Current through Register Vol. 35, No. 13, July 16, 2024
In order to prepare team members for participation in the
				  team process, the following activities, as provided in the
Jackson
systemic plan and management manual should
				  occur:
A. Team members who are staff
				of the health care authority or of the case management agencies providing
				services on behalf of the state shall be trained in the TIDT process.
B. The case manager and the helper shall meet
				with and provide assistance to the individual so that the individual
				understands and is prepared to participate in the TIDT process to the extent
				possible.
C. The case manager shall
				meet with the parent/guardian and provide information on the TIDT
				process.
D. The information
				developed for the individual and parent/guardian pursuant to the
Jackson
Management Manual shall be provided to the individual
				and parent/ guardian.
E. The
				authority shall provide for an interpreter, if necessary, and for
				transportation for the parent/guardian to attend team meetings as
				needed.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 7 - (APPENDIX A) INDIVIDUAL TRANSITION PLANNING PROCESS › Section 8.371.7.13 - THE PROCESS FOR THE DEVELOPMENT OF THE INDIVIDUAL TRANSITION PLAN (ITP) - TIME LINES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				individual transition plan (ITP) process provides timelines by which specific
				actions are scheduled to occur. Although the health care authority intends to
				accomplish the specified activities within the time lines provided, the quality
				of individual program planning and the involvement of the individual will not
				be compromised in order to achieve a specific time line.
B. The health care authority shall provide to
				the plaintiffs and plaintiff-intervenors a "planning initiation schedule" on a
				quarterly basis that will identify the date by which Activity 11, the TIDT
				meeting, shall be initiated for each individual on the schedule. The initial
				transition interdisciplinary team (TIDT) meeting is scheduled by the
Jackson
office of the developmental disabilities division
				(DDD) upon the recommendation of the facility IDT for community placement.
				Except as provided herein, effective August 1, 1994, and thereafter, the
				initial transition interdisciplinary team (TIDT) meeting will be scheduled
				within sixty days of a community placement recommendation of the facility
				interdisciplinary team (FIDT). If, as of July 31, 1994, new Los Lunas center
				for persons with developmental disabilities FIDT community placement
				recommendations exceed one, but do not exceed two per month, the requirement to
				schedule the TIDT meeting within 60 days is effective September 1, 1994. If, as
				of July 31, 1994, new Los Lunas hospital and training school FIDT community
				placement recommendations exceed two per month, the requirement to schedule the
				TIDT meeting within 60 days is effective October 1, 1994. TIDT dates are fixed
				and subject to change only on condition of extraordinary circumstances, absence
				of key team members or due process initiation.
C. The time lines shall be extended only so
				long as necessary to accommodate:
(1)
				additional TIDT meetings, as determined by the TIDT under Activity 11 or the
				case manager under activity 17;
(2)
				a pending dispute pursuant to the dispute resolution process (DRP) for
				individual transition plans (see Activity 18 and 8.371.8 NMAC) dispute
				resolution process (Appendix B); or
(3) extraordinary circumstances as determined
				by:
(a) the case manager under Activities 16
				and 17, for example.or
(b) the
Jackson
coordinator as a result of significant changes in an
				individual's condition or circumstances.
(4) A delay for extraordinary circumstances
				is subject to review by the TIDT upon the request of the individual, the
				parent/ guardian or their representative.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 7 - (APPENDIX A) INDIVIDUAL TRANSITION PLANNING PROCESS › Section 8.371.7.14 - THE PROCESS FOR THE DEVELOPMENT OF THE INDIVIDUAL TRANSITION PLAN (ITP) - TRANSITION PLANNING ACTIVITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Prior to the start of the formal transition process, the facility
				interdisciplinary team (FIDT) shall convene to conduct the annual IPP meeting.
				At this facility IDT meeting, the following transition activities shall be
				conducted:
(1) Review individual for
				community placement; if appropriate, make formal recommendation for community
				transition to begin and identify probable geographic area of community move.
				The individual and parent/guardian(s) shall, in consultation with the FIDT,
				choose the probable area of relocation.
(a) If
				a recommendation for community placement is made, the presumption is that the
				individual shall, if a child, move home with necessary supports, or, if an
				adult, move to the family's home town or nearby. This presumption may be
				altered by factors such as individual interest and choice, work interest and
				opportunities, friendships, families with competing interests, and the
				potential availability and costs of medical resources and other support
				services or service providers. The social worker shall notify the
Jackson
office of the facility of the individual's community
				placement recommendation and probable area of relocation within five
				days.
(b) After notification
				regarding an individual's probable area of relocation, the
Jackson
office shall add the individual to the transition
				planning calendar. The
Jackson
transition representative (JTR)
				shall inform the individual and the individual's parent/guardian of the
				identity of potential community service providers and the types of services the
				community service provider offers. The facility social worker and case manager,
				if already chosen, shall assist the individual and parent/guardian in making
				the community service provider selection (see Activity 7, below).
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 7 - (APPENDIX A) INDIVIDUAL TRANSITION PLANNING PROCESS › Section 8.371.7.15 - ACTIVITY 1: SELECTION OF HELPER

Current through Register Vol. 35, No. 13, July 16, 2024
At least 90 days before the TIDT meeting identified in
				  Activity 11, the social worker shall contact the individual and, using
				  appropriate communication assistance or aids, explain to the individual their
				  right to identify a helper or representative to assist in the upcoming TIDT
				  meetings and the right to invite any other person as provided in Section 11.
				  The individual may refuse to have the assistance of a helper.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 7 - (APPENDIX A) INDIVIDUAL TRANSITION PLANNING PROCESS › Section 8.371.7.16 - ACTIVITY 2: CASE MANAGER ASSIGNED

Current through Register Vol. 35, No. 13, July 16, 2024
A. For the individual moving to the community
				the social worker shall, after identification of the probable area of
				relocation, provide the individual and mail to the parent/guardian a listing of
				eligible case management agencies that serve the individual's probable area of
				relocation. The
Jackson
transition representative (JTR) shall
				also provide the individual and the parent/guardian with the information
				necessary for them to make an informed selection. The parent/ guardian, in
				consultation with the individual, shall, within 21 days of the date the list
				was mailed, select a case management agency.
B. The social worker shall confirm, in
				writing, the selection of the agency with the individual, the agency, the
				parent/guardian and the case management unit of the community programs bureau
				of the DDD. The social worker shall identify the date by which a case manager
				must be assigned. The agency shall assign a case manager by the date contained
				in the written confirmation, which shall be no later than 90 days prior to the
				initial TIDT meeting described in Activity 11. The assigned case manager must
				be located in or close to the probable area of relocation but in no instance
				more than 150 miles from the probable area of relocation.
C. This activity is to be accomplished
				concurrently with Activity 7, selection of community service provider(s),
				whenever possible.
D. If, within 85
				days of the established initial TIDT meeting described in Activity 11, the
				parent/ guardian has not consulted with the individual and selected a case
				management agency, the authority shall consult with the individual and make the
				selection.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 7 - (APPENDIX A) INDIVIDUAL TRANSITION PLANNING PROCESS › Section 8.371.7.17 - ACTIVITY 3: MEETING WITH INDIVIDUAL

Current through Register Vol. 35, No. 13, July 16, 2024
A. The case manager shall meet with and,
				using appropriate communication assistance or aids and observation, get to know
				the individual. The case manager and the helper shall meet with and provide
				assistance to the individual so the individual understands and is prepared to
				participate in the TIDT process to the extent possible.
B. The case manager shall also explain to the
				individual and helper the process by which the individual's placement shall be
				designed and implemented, including the TIDT process for developing a proposed
				placement, the state's implementation decision described in Activity 19, and
				the process for resolving disputes. As appropriate, the case manager shall
				provide a copy of the ITP process, the DRP, and the case manager's phone number
				and address to the individual prior to or at the first meeting.
C. In addition, the case manager shall
				explain the selection of community service providers, Activities 6 and 7, and
				make all effort to encourage and expedite this selection, if it has not already
				occurred, prior to convening any transition meetings. The case manager shall
				encourage the individual's preference for living arrangements and
				housemates.
D. If the individual is
				not familiar with other persons who are identified as probable housemates, the
				individual will be offered an opportunity to meet with such persons. The
				individual shall be given an opportunity to approve or object to any identified
				housemates. The case manager shall communicate with the individual as
				frequently as necessary before placement to keep the individual informed and
				involved in the team process. The case manager shall inform the individual and
				helper that the individual may invite others to attend the TIDT meetings, and
				arrange co-scheduling of TIDTs where housemates are agreed to.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 7 - (APPENDIX A) INDIVIDUAL TRANSITION PLANNING PROCESS › Section 8.371.7.18 - ACTIVITY 4: RECORD REVIEW

Current through Register Vol. 35, No. 13, July 16, 2024
Specified staff at the facility where the individual resides
				  shall prepare a summary of the individual's record as set forth in the
Jackson
management manual, with particular attention to those
				  historic events, medical or otherwise, that may affect community living design.
				  The record summary shall be prepared pursuant to division
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office policy memoranda. This summary of pertinent
				  historic factors shall be provided to the case manager, social worker and key
				  community service providers.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 7 - (APPENDIX A) INDIVIDUAL TRANSITION PLANNING PROCESS › Section 8.371.7.19 - ACTIVITY 5: MEETING WITH INDIVIDUAL'S PARENT/GUARDIAN

Current through Register Vol. 35, No. 13, July 16, 2024
A. The case manager shall meet with the
				individual's parent/guardian to explain the case manager's role and the process
				by which the individual's placement will be designed and implemented, including
				the TIDT activities for developing a placement plan, the state's implementation
				decision described in Activity 19, and the process for resolving disputes. In
				addition, the case manager shall explain the selection of community service
				providers, Activities 6 and 7, and make all effort to encourage and expedite
				this selection, if it has not already occurred, prior to convening any
				transition meetings.
B. The case
				manager shall solicit any concerns the parent/ guardian might have with any
				aspect of the transition process of eventual placement in the community. The
				case manager shall carefully consider and attempt to address those concerns and
				shall endeavor to reassure the parent/guardian of the authority's commitment to
				a successful and appropriate placement.
C. The case manager shall provide a copy of
				the ITP process, 8.371.7 NMAC, individual transition planning process (Appendix
				A), the dispute resolution process, 8.371.8 NMAC, dispute resolution process
				(Appendix B) and the case manager's phone number and address to the
				parent/guardian prior to or at the first meeting with the parent/ guardian. The
				case manager shall encourage the parent/guardian's full participation in the
				placement process and arrange for interpreter services by coordinating with the
Jackson
transition representative (JTR) and arrange
				transportation as needed; which shall be paid for by the division, if
				needed.
D. The case manager shall
				communicate with the parent/ guardian before placement as frequently as
				necessary (through meetings whenever practical) to keep the parent/guardian
				informed and involved in the team process. The information developed for the
				individual and parent/guardian pursuant to the
Jackson
management manual shall be provided to the individual and
				parent/guardian.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 7 - (APPENDIX A) INDIVIDUAL TRANSITION PLANNING PROCESS › Section 8.371.7.20 - ACTIVITY 6: DISTRIBUTION OF LIST OF ELIGIBLE COMMUNITY SERVICE PROVIDERS

Current through Register Vol. 35, No. 13, July 16, 2024
A. At the first
				meeting between the case manager and the individual, and the case manager and
				the parent/guardian(s), the case manager shall explain the basic community
				service models, including alternatives to traditional service providers;
				explain the selection of community service provider(s); and provide the
				individual and the parent/ guardian(s) with a listing of eligible community
				service provider agencies serving the individual's probable area of relocation.
				The case manager will encourage a timely selection of community service
				provider(s).
B. Community service
				providers could be selected as early as the facility IDT meeting (see above),
				if the individual and parent/guardian(s) are familiar with community service
				provider agencies in the area of relocation. Community service providers must
				be selected no later than 30 days after the parent/ guardian(s) initial meeting
				with the case manager (Activity 5, above). The
Jackson
transition representative (JTR) may supplement the list of eligible community
				service providers at any time. The
Jackson
transition
				representative (JTR) shall assist the individual and the parent/guardian with
				the information necessary for them to make an informed selection. The case
				manager shall review with the parent/guardian and the individual all possible
				community service providers in the chosen area of relocation during Activities
				3 and 5.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 7 - (APPENDIX A) INDIVIDUAL TRANSITION PLANNING PROCESS › Section 8.371.7.21 - ACTIVITY 7: SELECTION OF COMMUNITY SERVICE PROVIDER(S)

Current through Register Vol. 35, No. 13, July 16, 2024
A. The parent/ guardian, in consultation with
				the individual, shall select community service provider(s) to be included in
				the TIDT and shall notify the case manager of the community service provider
				selection(s). Community service providers could be selected as early as the
				facility IDT meeting (see above), if the individual and parent/guardian(s) are
				familiar with community service provider agencies in the area of relocation.
				Community service providers must be selected no later than 30 days after the
				parent/ guardian(s) initial meeting with the case manager (Activity 5, above).
				If the individual's choice of community service provider differs from that of
				the parent/guardian, the case manager shall arrange for both community service
				providers to be present at the TIDT meeting if possible. If there is more than
				one eligible community service provider for a particular service, the
				parent/guardian may indicate alternate community service provider(s) in order
				of preference in the event the parent's or guardian's first choice is
				unavailable to provide the applicable service.
B. The
Jackson
transition
				representative (JTR) shall confirm community service provider selection within
				10 days by contacting the community service provider(s) by telephone and in
				writing. If the parent/guardian has indicated alternate community service
				provider(s) in order of preference, the
Jackson
transition
				representative (JTR) shall document the reason for the unavailability of the
				higher ranked community service provider before contacting the next ranked
				provider. If key community service provider(s) are not selected by the
				parent/guardian and individual, within 49 days of the initial TIDT meeting, the
Jackson
transition representative (JTR) and case manager shall
				make the selection(s). The
Jackson
transition representative
				(JTR) shall notify the parent/guardian(s) of the selection, as well as the
				community service provider(s). Notice of the TIDT meeting as provided in
				Activity 10 shall be mailed. The TIDT shall review these selection(s) and shall
				select the non-key provider(s) at its first meeting, if the individual or
				parent/guardian(s) does not do so.
C. The individual and the parent/guardian
				should give priority to selecting the community residential provider and other
				key community service providers within the timelines specified above. The key
				community service provider(s) shall, either before or at the TIDT meeting,
				acknowledge that it is able to provide the residential placement or other type
				of services for which the key service provider(s) shall be brought into the
				planning process as expeditiously as possible, preferably prior to the TIDT,
				and shall receive all previous planning and client information.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 7 - (APPENDIX A) INDIVIDUAL TRANSITION PLANNING PROCESS › Section 8.371.7.22 - ACTIVITY 8: WRITTEN INDIVIDUAL PREFERENCE ASSESSMENT

Current through Register Vol. 35, No. 13, July 16, 2024
After completing the activities specified above, but at least
				  26 days before the TIDT meeting described in Activity 11, the case manager
				  shall complete, with the individual and helper, a written assessment of the
				  individual's strengths, interests, likes and dislikes. This assessment shall
				  detail what the individual would like their life to be like in the community,
				  including maintaining existing friendships and building new ones, community
				  involvement, employment for the individual who is an adult, hobbies, leisure
				  activities, and housemates. This assessment and review shall be individualized
				  and rely as much as possible on available community generic resources rather
				  than specialized service models. The case manager will collaborate with the
Jackson
transition representative (JTR) and the facility
				  Q.M.R.P. or social worker to facilitate any co-scheduling of the TIDTs where
				  other class member housemates are identified as a preference.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 7 - (APPENDIX A) INDIVIDUAL TRANSITION PLANNING PROCESS › Section 8.371.7.23 - ACTIVITY 9: WRITTEN COMMUNITY ASSESSMENT

Current through Register Vol. 35, No. 13, July 16, 2024
After completing the activities specified above, but at least
				  26 days before the TIDT meeting described in Activity 11, the case manager
				  shall prepare a written assessment of the resources and services available in
				  the community or relocation. At the TIDT, this assessment shall be reviewed, in
				  light of the individual's preferences, as assessed under Activity 8, and the
				  identification of the individual's strengths and needs during their daily
				  activities, as identified at the facility annual IPP meeting.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 7 - (APPENDIX A) INDIVIDUAL TRANSITION PLANNING PROCESS › Section 8.371.7.24 - ACTIVITY 10: TIDT MEETING SCHEDULE, NOTICE, AND AGENDA

Current through Register Vol. 35, No. 13, July 16, 2024
The
Jackson
transition representative (JTR),
				  shall schedule the full TIDT meeting, which shall be held as promptly as
				  possible after completion of the activities required by Activities 6 and 7.
				  Notice of the date, time and place of the TIDT meeting shall be sent to all
				  participants at least 10 days prior to the meeting. The notice shall also state
				  that participants are to be prepared to address all issues for the individual
				  to ensure a successful transition into a community setting. If any activities
				  required by Activities 6 and 7 occur in less than the maximum time allotted for
				  them by the activity, the
Jackson
transition representative
				  (JTR) shall, whenever possible, proceed to schedule the next required activity
				  (for example, the TIDT meeting required by Activity 11 will be scheduled as
				  promptly as possible after community service providers are selected under
				  Activity 7).
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 7 - (APPENDIX A) INDIVIDUAL TRANSITION PLANNING PROCESS › Section 8.371.7.26 - ACTIVITY 12: DISTRIBUTION OF THE ITP

Current through Register Vol. 35, No. 13, July 16, 2024
A. Within 14 days of the conclusion of the
				TIDT meeting, the
Jackson
transition representative (JTR)
				shall produce and distribute the ITP to the case manager, the parent/ guardian,
				the facility
Jackson
office (for distribution to the facility
				TIDT members), the community service provider(s), advocate (if appropriate),
				the division
Jackson
office, other agencies mentioned in the
				ITP, counsel for plaintiffs, counsel for intervenors (when
				appropriate).
B. The case manager,
				after receipt of the ITP, shall meet with the individual, the QMRP and the
				helper, and review the completed ITP and what it means from the individual's
				perspective. The case manager shall assist the parent/ guardian by providing
				information and answering questions concerning the completed ITP and the DRP
				process.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 7 - (APPENDIX A) INDIVIDUAL TRANSITION PLANNING PROCESS › Section 8.371.7.27 - ACTIVITY 13: COMMUNITY SERVICE PROVIDER CONTRACTS

Current through Register Vol. 35, No. 13, July 16, 2024
No later than 30 days after the distribution of the ITP,
				  each community service provider identified in the ITP shall submit, in writing,
				  to the health care authority its cost proposal, including the following
				  information:
A. start up funds
				required;
B. staff training that
				will be provided as specified in the ITP, to whom and by when;
C. facility modifications that may be
				required;
D. provision for
				administration of medication;
E.
				any other information as specified by the ITP to be provided in this
				submission;
F. any other
				information as specified by the authority.