New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 1 - GENERAL PROVISIONS › Section 9.2.1.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The following words and terms, when used in these rules,
				  shall have the following meanings unless the context clearly indicates
				  otherwise or a different definition has been provided:
A. "Abuse" is the willful infliction of
				injury, unreasonable confinement, intimidation, or cruel punishment with
				resulting physical harm or pain or mental anguish or the deprivation by a
				person, including a caregiver, of goods or services which are necessary to
				avoid physical harm, mental anguish, or mental illness.
B. The "administration on aging" is the
				federal agency, which is a part of the U.S. department of health and human
				services, charged with the responsibility of implementing the Older Americans
				Act.
C. "Advocacy" is defined as
				non-lobbying activities designed to create change in legislation and policies
				which benefit both individuals and groups of individuals.
D. "Aging and disability resource center"
				(ADRC) means an entity established as part of the state system of long-term
				care to provide comprehensive information on public and private long-term care
				programs, options, providers and resources; personal counseling to assist
				individuals in assessing existing or anticipated long-term care needs, and
				developing and implementing plans to meet their specific needs and
				circumstances; and access to the range of publicly-supported long-term care
				programs for which consumers may be eligible, by serving as a convenient
				point-of-entry for such programs.
E. "Aging network" means programs and
				services for older adults throughout New Mexico that receive federal or state
				funds under contract with the department or area agencies on aging. The aging
				network includes, but is not limited to, programs sponsored by tribal
				governments, local governments and private, nonprofit organizations.
F. An "area agency on aging" (AAA) is an
				organization designated by the department to develop and administer a
				comprehensive and coordinated system of services for older persons within one
				or more planning and service areas.
G. "Area plan" is a document submitted by an
				area agency on aging to the department which provides for the provision of
				services and centers to meet the needs of older individuals in the planning and
				service area(s) administered.
H.
				"Assistant secretary" is the assistant secretary of aging of the administration
				on aging, U.S. department of health and human services.
I. "Civic engagement" means an individual or
				collective action designed to address a public concern or an unmet human,
				educational, health care, environmental, or public safety need.
J. The "corporation for National and
				community service" (CNCS) is the federal agency that administers federal
				domestic volunteer programs.
K.
				"Department" means the New Mexico aging and long-term services department
				(ALTSD).
L. "Disability" means
				(except when such term is used in the phrases "severe disability,"
				"developmental disability," and "physical disability") a mental or physical
				impairment or a combination of the two, resulting in a functional limitation in
				one or more of the following activities of daily living: self-care, receptive
				and expressive language, learning, mobility, self-direction, capacity for
				independent living, economic self-sufficiency, cognitive functioning and
				emotional adjustment. The term "severe disability" means a severe, chronic
				mental or physical impairment, or a combination of mental or physical
				impairments, that is likely to continue indefinitely and results in substantial
				functional limitation in three or more activities of daily living.
M. "Exploitation" is the illegal or improper
				act or process of an individual, including a caregiver or fiduciary, using the
				resources of another person for monetary or personal benefit, profit or
				gain.
N. A "focal point" means a
				facility established to encourage the maximum collocation and coordination of
				services for older individuals.
O.
				"Greatest economic need" is need resulting from an income level at or below the
				federal poverty level.
P. "Greatest
				social need" is need caused by noneconomic factors which include physical and
				mental disabilities; language barriers; and cultural, social or geographical
				isolation, including isolation caused by racial or ethnic status, that
				restricts an individual's ability to perform normal daily tasks or which
				threatens an individual's capacity to live independently.
Q. "In-home services" includes: homemaker and
				home health aides; visiting; telephone reassurance; chore maintenance; in-home
				respite care for families; adult day care as a respite service for families;
				minor modification of homes that is necessary to facilitate the ability of
				older individuals to remain at home, and that is not available under other
				programs; and personal care services and other services necessary to facilitate
				the ability of older individuals to remain at home, as may be defined in the
				State Plan or in an approved Area Plan.
R. "Indian tribal organization" is the
				recognized governing body of any Indian tribe or any legally established
				organization of Indians which is controlled, sanctioned, or chartered by the
				governing body.
S. "Indian tribe"
				means any tribe, band, nation or other organized group or community of Indians,
				which is either:
(1) Recognized as eligible
				for the special programs and services provided by the United States to Indians
				because of their status as Indians; or
(2) Located on, or in proximity to, a federal
				or state reservation.