New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 4 - PERSONS WITH DISABILITIES › Part 21 - GUARDIANSHIP SERVICES › Section 9.4.21.18 - COMPREHENSIVE EVALUATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Depending upon the availability of funding and resources, and unless otherwise
				provided for by another agency or program, comprehensive evaluations for
				protected persons with contracted providers may be obtained through a referral
				to the NMDDPC office of guardianship by the contract guardian if the protected
				person appears to have made gains in her/his capacity or to be in need of
				increased protection or other such that a request for review of the
				guardianship by the court appears indicated.
B. Comprehensive evaluations will occur in
				the following manner:
(1) The comprehensive
				evaluations will be done by the entity designated by the NMDDPC office of
				guardianship.
(2) All contracted
				guardianship providers will provide the names of their protected persons who
				meet the criterion in Subsection A of this section at any time and upon request
				by the NMDDPC office of guardianship. The referral process will be established
				by the NMDDPC office of guardianship.
(3) The components of the comprehensive
				evaluation will be determined by the designated entity after consultation with
				the guardian.
(4) The designated
				entity will set up the appointments.
(5) The contracted guardianship provider will
				provide written authorization for the protected person selected for a
				comprehensive evaluation.
(6) The
				contracted guardianship provider will provide the following documents at a time
				and place determined by the designated entity:
(a) name of the protected person, living
				arrangements of the ward, day placement and daily activity, and relevant
				contact information;
(b) medical
				history and assessment history of the protected person that may come from other
				state and federal programs such as the DD waiver program, medicaid, schools,
				division of vocational rehabilitation, commission for the blind,
				etc.;
(c) the current level of
				guardianship, and;
(d) any
				additional information requested by the designated entity relevant to the
				comprehensive evaluation.
(7) These provisions are in addition to any
				terms and conditions regarding comprehensive evaluations as set forth in the
				contract between the NMDDPC office of guardianship and the contracted
				guardianship provider.
(8) If a
				protected person has undergone some part of the comprehensive evaluation within
				the last three years, the contracted guardianship provider may request to
				substitute that part of the evaluation for the report of the evaluation
				undergone within the last three (3) years. The designated entity may deny the
				request, based on professional judgment, it should not be substituted. If a
				substitution is allowed, the contracted guardianship provider will provide the
				report of that evaluation to the designated entity.
(9) If the contracted guardianship provider
				has clear and convincing evidence that a protected person does not need an
				evaluation, the contracted guardianship provider will provide to the NMDDPC
				office of guardianship a short description explaining why the protected person
				should not be evaluated.
(10) The
				NMDDPC office of guardianship or its agent has the right to review the files
				and records of any protected person under contract between the NMDDPC office of
				guardianship and a contracted guardianship provider for the purpose of
				determining whether the protected person should have a comprehensive
				evaluation.
(11) If the NMDDPC
				office of guardianship determines that a protected person should undergo an
				evaluation, despite the justification provided in Paragraph (9) of Subsection B
				of 9.4.21.18 NMAC, the NMDDPC office of guardianship will send a letter to the
				contracted guardianship provider so stating ("Notice Letter"). If, after
				receipt of the notice letter, the contracted guardianship provider does not
				agree with the NMDDPC office of guardianship that a protected person should
				undergo an evaluation, the following procedure will commence.
(a) Within ten (10) working days after
				receiving the notice letter, the contracted guardianship provider will contact
				the NMDDPC office of guardianship in writing with the basis for its
				disagreement with the notice letter and during that same time period set up a
				meeting at the office of the NMDDPC office of guardianship for the purpose of
				attempting to resolve this issue. The contracted guardianship provider
				attending the meeting must have full authority to resolve this issue. The
				proposed location of the meeting will be at the office of the NMDDPC office of
				guardianship at a day and time proposed by the NMDDPC office of guardianship.
				The contracted guardianship provider may propose a different time and location.
				The meeting must be held no more than thirty (30) days from the date of receipt
				of the notice letter. If the parties cannot agreed on a location and time, the
				NMDDPC office of guardianship may petition the court pursuant to Subparagraph
				(d) of Paragraph (11) of Subsection B of 9.4.21.18 NMAC.
(b) If the parties come to an agreement, the
				protected person may or may not undergo an evaluation depending on the
				agreement reached by the parties.
(c) The NMDDPC office of guardianship will
				confirm the outcome of the meeting by letter (outcome letter) within two
				working days of the meeting between the parties.
(d) If there is no agreement, the NMDDPC
				office of guardianship may, within fourteen (14) working days from the date of
				the outcome letter, petition the court in which the guardian was appointed to
				have the protected person evaluated.