reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 2 - FEDERAL AND STATE LAW › Section 9.2.2.11 - OLDER AMERICANS ACT

Current through Register Vol. 35, No. 13, July 16, 2024
The department incorporates by reference the provisions of
				  the Older Americans Act of 1965, as amended, and related implementing
				  regulations for all programs funded by such act.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 2 - FEDERAL AND STATE LAW › Section 9.2.2.12 - STATE PROVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				State funds used to match federal Older Americans Act funds must be
				administered in accordance with the related federal and state rules and
				regulations.
B. State funds used in
				conjunction with federal CNCS funds must be administered in accordance with the
				related federal and state rules and regulations.
C. State funds that exceed required match
				must address eligibility criteria in accordance with 9.2.3 NMAC, unless a
				waiver is granted by the department pursuant to 9.2.3 NMAC.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 3 - ELIGIBILITY FOR AGING AND LONG-TERM SERVICES DEPARTMENT SERVICES › Section 9.2.3.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Aging and Long Term Services Department
				  (NMALTSD)
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 3 - ELIGIBILITY FOR AGING AND LONG-TERM SERVICES DEPARTMENT SERVICES › Section 9.2.3.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
These rules apply to members of the public and organizations
				  that participate in the delivery of services to New Mexico's aging and
				  disability populations.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 3 - ELIGIBILITY FOR AGING AND LONG-TERM SERVICES DEPARTMENT SERVICES › Section 9.2.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Aging and Long-Term Services Department Act, Aging and
				  Long-Term Services Department Act, Sections
				  9-23-1 to
				  9-23-12 NMSA 1978; Older Americans
				  Act of 1965, 42 U.S.C.
				  Sections 3001 to
				  3058, and implementing
				  regulations.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 3 - ELIGIBILITY FOR AGING AND LONG-TERM SERVICES DEPARTMENT SERVICES › Section 9.2.3.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
June 30, 2015, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 3 - ELIGIBILITY FOR AGING AND LONG-TERM SERVICES DEPARTMENT SERVICES › Section 9.2.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to establish standards and
				  procedures for the federal and state-funded programs administered by the aging
				  and long term services department.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 3 - ELIGIBILITY FOR AGING AND LONG-TERM SERVICES DEPARTMENT SERVICES › Section 9.2.3.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
See
				  9.2.1.7 NMAC for
				  definitions.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 3 - ELIGIBILITY FOR AGING AND LONG-TERM SERVICES DEPARTMENT SERVICES › Section 9.2.3.8 - OLDER AMERICANS ACT SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
Except as otherwise provided, eligibility for
				  federally-funded supportive services, nutrition services, caregiver services,
				  legal services, long-term care ombudsman services, employment services, and
				  other services funded by the Older Americans Act shall be pursuant to the Older
				  Americans Act and Provisions Governing the Senior Community Service Employment
				  Program, 20 C.F.R. Section 641, and is incorporated by reference into this
				  part.
A. Criteria for employment
				services is set forth in 9.2.13 NMAC.
B. Criteria for legal services is set forth
				in 9.2.17 NMAC.
C. Criteria for
				nutrition services is set forth in 9.2.18 NMAC.
D.Criteria for long-term care ombudsman
				services is set forth in 9.2.19 NMAC.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 3 - ELIGIBILITY FOR AGING AND LONG-TERM SERVICES DEPARTMENT SERVICES › Section 9.2.3.9 - CORPORATION FOR NATIONAL SERVICE VOLUNTEER PROGRAMS

Current through Register Vol. 35, No. 13, July 16, 2024
Except as otherwise provided, eligibility for
				  federally-funded foster grandparent, senior companion, and retired senior
				  volunteer programs shall be pursuant to Title II, Part B, of the Domestic
				  Volunteer Service Act of 1973,
				  42 U.S.C. Sections
				  4950 to
				  5028; 45 C.F.R. Sections 2551 to
				  2553. The corporation for national and community service (CNCS) handbooks are
				  incorporated by reference into this part.
A. Criteria for the foster grandparent
				program is further set forth in 9.2.14 NMAC.
B. Criteria for the senior companion program
				is further set forth in 9.2.15 NMAC.
C. Criteria for the retired senior volunteer
				program is further set forth in 9.2.16 NMAC.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 3 - ELIGIBILITY FOR AGING AND LONG-TERM SERVICES DEPARTMENT SERVICES › Section 9.2.3.10 - STATE-FUNDED SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
Eligibility for programs funded solely with state funds are
				  as follows:
A. Except where otherwise
				noted, the following may be deemed eligible for state-funded services provided
				under contract with the department:
(1)
				Persons age fifty (50) or older;
(2) Spouses (of any age) of persons age fifty
				(50) or older;
(3) Persons with
				disabilities age eighteen (18) or older.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 3 - ELIGIBILITY FOR AGING AND LONG-TERM SERVICES DEPARTMENT SERVICES › Section 9.2.3.11 - VOLUNTARY CONTRIBUTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				The Older Americans Act establishes requirements for voluntary contributions.
				Each older person who receives Older Americans Act-funded services shall be
				provided an opportunity to voluntarily contribute to the cost of services
				rendered.
B. Area agencies on aging
				and other programs are allowed to, and may solicit, voluntary contributions for
				all Older Americans Act-funded services, provided that the method of
				solicitation is non-coercive. Each service provider may develop a suggested
				contribution schedule for services provided with Older Americans Act funds. In
				developing such a schedule, the provider shall consider the income ranges of
				older persons in the provider's community, as well as the provider's other
				sources of income.
C. Area agencies
				on aging and providers shall not means test for any service for which
				contributions are accepted, or deny services to any individual who does not
				contribute.
D. Each area agency on
				aging shall consult with its relevant service providers and older individuals
				in its planning and service area(s) to determine the best method(s) for
				accepting voluntary contributions.
E. Area agencies on aging and programs shall:
(1) Establish policies and procedures for
				soliciting, safeguarding, and accounting for contributions;
(2) Protect the privacy of each person with
				respect to his/ her contribution, or lack of contribution;
(3) Clearly inform each person that there is
				no obligation to contribute, and that contribution is voluntary;
(4) Fully describe the contribution policy in
				the area plan or in a provider's program plan;
(5) Use any collected contributions to expand
				the service(s) for which the contributions were given; and
(6) Post information regarding any suggested
				contributions at the service premises in a location convenient to the
				participants.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 3 - ELIGIBILITY FOR AGING AND LONG-TERM SERVICES DEPARTMENT SERVICES › Section 9.2.3.12 - COST SHARING AND SLIDING FEE SCALES

Current through Register Vol. 35, No. 13, July 16, 2024
A. In making application to apply cost
				sharing to services, area agencies on aging and providers must consider the
				intent of the Older Americans Act to serve targeted populations and must ensure
				that the application of cost sharing will not prevent the provision of services
				to low-income, minority, socially isolated, or rural populations. Cost sharing
				is a process which enables clients to contribute monetarily to the cost of the
				services they receive. Cost sharing may include the implementation of a sliding
				fee scale.
B. A fee is defined as a
				charge allowed by law for a service. A sliding fee scale is a graduated series
				of fees to be paid based on amount of income. If a sliding fee scale is
				implemented, area agencies on aging and providers must protect the privacy and
				confidentiality of older individuals. The individuals to be served must be
				informed that the service is provided on a fee-for-service basis and be
				notified of the sliding fee scale.
C. Area agencies on aging shall solicit the
				views of older individuals, providers, and other stakeholders prior to
				implementation of cost sharing in each respective service area of the
				state.
D. Area agencies on aging
				may contract to purchase services that charge a sliding fee based on income and
				the cost of delivering services. Such services may include, and, if Older
				Americans Act funds are used, are limited to:
(1) Transportation/assisted
				transportation;
(2)Shopping
				assistance;
(3)
				Homemaker/housekeeping;
(4) Adult
				day care/day health care;
(5)
				Personal care;
(6) Home
				health;
(7) Respite care;
(8) Home repair;
(9) Chores;
(10) Escort;
(11) Recreation;
(12) Physical fitness/exercise;
(13) Education/ training;
(14) Home safety/accident
				prevention.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 3 - ELIGIBILITY FOR AGING AND LONG-TERM SERVICES DEPARTMENT SERVICES › Section 9.2.3.13 - TITLE III PREFERENCE

Current through Register Vol. 35, No. 13, July 16, 2024
Preference shall be given to serving those older individuals
				  with the greatest social or economic need, with particular attention to
				  low-income minorities.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 3 - ELIGIBILITY FOR AGING AND LONG-TERM SERVICES DEPARTMENT SERVICES › Section 9.2.3.14 - TITLE V

Current through Register Vol. 35, No. 13, July 16, 2024
Eligibility requirements are:
A. an individual must be 55 years of age or
				older; no person is ineligible solely for reasons of advanced age and no upper
				age limitation may be used;
B. an
				individual's income must be at or below one hundred twenty-five percent (125%)
				of the poverty level established by the U.S. office of management and budget;
				and
C. an individual must be a
				resident of the state of New Mexico.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 3 - ELIGIBILITY FOR AGING AND LONG-TERM SERVICES DEPARTMENT SERVICES › Section 9.2.3.15 - TITLE VI SUPPLEMENTAL FUNDS

Current through Register Vol. 35, No. 13, July 16, 2024
Eligibility for OAA Title VI programs partially funded with
				  state funds shall follow OAA Title VI eligibility guidelines.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 3 - ELIGIBILITY FOR AGING AND LONG-TERM SERVICES DEPARTMENT SERVICES › Section 9.2.3.16 - TITLE VII

Current through Register Vol. 35, No. 13, July 16, 2024
To be eligible for Title VII services an individual must be
				  60 years of age.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 3 - ELIGIBILITY FOR AGING AND LONG-TERM SERVICES DEPARTMENT SERVICES › Section 9.2.3.17 - STATE FUNDED PROGRAMS

Current through Register Vol. 35, No. 13, July 16, 2024
Eligibility for programs funded solely with state funds are
				  as follows:
A. Health insurance and
				benefits assistance corps (HIBAC). Eligibility is the same as that for OAA
				Title III programs.
B.
				Guardianship/conservatorship/money management program. All adults (age 18 or
				older) in need of guardianship, conservatorship, money management or
				guardianship diversion services; and whose household income is at or below two
				hundred percent (200%) of poverty level, are eligible for services.
C. State funded employment program.
				Eligibility is the same as that for the OAA Title V program, with waivers as
				allowed in the employment program policy manual section.
D. Foster grandparent program. Eligibility is
				the same as that for the corporation for national and community service (CNCS)
				program.
E. Senior companion
				program. Eligibility is the same as that for the CNCS program.
F. Retired senior volunteer program.
				Eligibility is the same as that for the CNCS program.
G. The director of the state agency may
				establish eligibility requirements for services provided solely with state
				funds. Such requirements will be based on the specific needs of the
				individual(s) to be served, and the specific initiatives and intent of the N.M.
				state legislature.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 3 - ELIGIBILITY FOR AGING AND LONG-TERM SERVICES DEPARTMENT SERVICES › Section 9.2.3.18 - CONTRIBUTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Payment for services shall not be a condition for
				  participation in any services funded with Older Americans Act funding.
A. Programs must provide each eligible
				participant with an opportunity to contribute, voluntarily and free from
				pressure, toward the cost of any provided service. Such contributions may
				include food stamps.
B. The area
				agency must establish and implement procedures which will protect the privacy
				of the participant's decision to contribute or not contribute toward the
				service rendered.
C. Under no
				circumstance may an eligible participant be denied service by a provider who
				receives funds from a designated area agency or the state agency to provide
				that service, because of a personal decision not to contribute for
				services.
D. Local service
				providers must determine suggested contribution levels taking into
				consideration the income ranges of eligible individuals which they are
				serving.
E. Area agencies must
				require that each provider post the suggested contributions at the entry point
				of the service premises and in a location(s) that is most convenient to the
				participants.
F. Specific
				requirements (such as means test, required membership fees, membership
				requirements or even the location of the facility) which discourage or prohibit
				the participation by certain groups of eligible persons are prohibited when
				state or federal funds are used to support any portion of the cost of the
				services, unless federal laws allow such requirements or the state agency has
				approved such allowance for programs or services funded solely with state
				funds, based on legislative intent. For example, means tests are applied in
				determining eligibility for the senior employment programs, foster grandparent
				program, and senior companion program.
G. Depending upon legislative intent, state
				statute or requirements of other federal agencies or programs, the state agency
				may allow programs to use sliding fee scales as a basis for charging fees for
				service. Such sliding fee scales must target free or low-cost participation to
				low-income older individuals. Such sliding fee scales must be approved by the
				state agency prior to implementation.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 4 - DESIGNATION OF PLANNING AND SERVICE AREAS › Section 9.2.4.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
These rules apply to members of the public and organizations
				  that participate in the delivery of services to New Mexico's aging and
				  disability populations.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 4 - DESIGNATION OF PLANNING AND SERVICE AREAS › Section 9.2.4.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Aging and Long-Term Services Department Act, Sections
				  9-23-1 to
				  9-23-12 NMSA 1978; Older Americans
				  Act of 1965, 42 U.S.C.
				  Sections 3001 to
				  3058, and implementing
				  regulations.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 4 - DESIGNATION OF PLANNING AND SERVICE AREAS › Section 9.2.4.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to establish standards and
				  procedures for the federal and state-funded programs administered by the aging
				  and long-term services department.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 4 - DESIGNATION OF PLANNING AND SERVICE AREAS › Section 9.2.4.9 - DESIGNATION OF PLANNING AND SERVICE AREAS (PSAs)

Current through Register Vol. 35, No. 13, July 16, 2024
Existing intrastate planning and service areas (PSAs) shall
				  continue to be designated unless:
A.
				There is demonstrated evidence that designation of an existing PSA is
				inconsistent with the purpose of the rules and regulations issued pursuant to
				the Older Americans Act; or
B. The
				designation of another PSA is necessary for the assurance of the efficient and
				effective administration of programs authorized by the Older Americans Act and
				operating in the state.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 4 - DESIGNATION OF PLANNING AND SERVICE AREAS › Section 9.2.4.10 - TYPE OF DESIGNATION

Current through Register Vol. 35, No. 13, July 16, 2024
The department may designate "federally recognized" planning
				  and service areas under the auspices of the Older Americans Act and may
				  designate "non-federally recognized" planning and service areas under state
				  authority. Non-federally recognized planning and service areas may duplicate or
				  overlap with federally recognized planning and service areas and shall be
				  established in order to address special service needs or target populations and
				  to facilitate the distribution of state funds.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 4 - DESIGNATION OF PLANNING AND SERVICE AREAS › Section 9.2.4.11 - CRITERIA FOR PSA DESIGNATION

Current through Register Vol. 35, No. 13, July 16, 2024
The department shall divide the state into distinct planning
				  and service areas, considering the following criteria:
A. Geographical distribution of older
				individuals in the state;
B.
				Incidence of the need for supportive services, nutrition services, multipurpose
				senior centers, legal assistance, and other services;
C. Distribution of older individuals who have
				greatest economic need, particularly those with low-incomes;
D. Distribution of older individuals residing
				in rural areas;
E. Distribution of
				minority older individuals;
F.
				Distribution of older individuals with limited English proficiency;
G. Distribution of older individuals who have
				greatest social need;
H.Distribution of Native
American Indian elders;
I.Distribution of resources available to
				provide services;
J.Boundaries of
				existing areas within the state which were drawn for the planning or
				administration of supportive services programs; and
K.Location of units of general purpose local
				government within the state.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 4 - DESIGNATION OF PLANNING AND SERVICE AREAS › Section 9.2.4.12 - PROCEDURE FOR PSA DESIGNATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Non-department initiated:
(1) Any unit of
				general purpose local government, region within a state recognized for area
				wide planning, metropolitan area, or Indian tribe may make application to the
				department to be designated as a planning and service area.
(2) The aging network division director, as
				the department secretary's designee, shall approve or disapprove any such
				application submitted under paragraph (1) of this section.
(3) Any applicant under paragraph (1) of this
				section whose application for designation as a planning and service area is
				denied by the department may appeal the denial in writing to the department
				secretary within thirty (30) days of such denial.
(4) If the department denies an applicant for
				designation as a planning and service area under paragraph (1) of this section,
				the department shall provide a hearing on the denial of the application, in
				accordance with 9.2.11 NMAC if requested by the applicant, as well as issue a
				written decision on the denial within sixty (60) days following the
				hearing.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 4 - DESIGNATION OF PLANNING AND SERVICE AREAS › Section 9.2.4.14 - APPROVAL OF PSA DESIGNATION

Current through Register Vol. 35, No. 13, July 16, 2024
All PSA designations for purposes of distribution of federal
				  funds must be further approved by the U.S. administration on
				  aging.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 4 - DESIGNATION OF PLANNING AND SERVICE AREAS › Section 9.2.4.15 - APPEAL OF PSA DESIGNATION OR REVOCATION OF DESIGNATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. An applicant for PSA designation whose
				application the department has denied or a PSA whose designation the department
				has decided to revoke may appeal pursuant to the procedures set forth in
				section 9.2.11 NMAC.
B. Any
				applicant for "federally recognized" PSA designation whose application the
				department denies and who has been provided an appeal hearing and written
				decision by the department may appeal to the assistant secretary of the United
				States health and human services department administration on aging in writing
				within thirty (30) days of receipt of the department's written decision,
				pursuant to 45 C.F.R Section
				1321.31(2015).
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 4 - DESIGNATION OF PLANNING AND SERVICE AREAS › Section 9.2.4.16 - DESIGNATED PSAs

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				designated PSAs are posted to the department's website.
B. All designation approvals shall be
				maintained in the appropriate department records.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 5 - AREA AGENCY ON AGING DESIGNATION › Section 9.2.5.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
These rules apply to members of the public and organizations
				  that participate in the delivery of services to New Mexico's aging and
				  disability populations.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 5 - AREA AGENCY ON AGING DESIGNATION › Section 9.2.5.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Aging and Long-Term Services Department Act, Sections
				  9-23-1 to
				  9-23-12 NMSA 1978; Older Americans
				  Act of 1965, 42 U.S.C.
				  Sections 3001 to
				  3058, and implementing
				  regulations.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 5 - AREA AGENCY ON AGING DESIGNATION › Section 9.2.5.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to establish standards and
				  procedures for the federal and state funded programs administered by the aging
				  and long-term services department.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 5 - AREA AGENCY ON AGING DESIGNATION › Section 9.2.5.9 - NEED FOR DESIGNATION

Current through Register Vol. 35, No. 13, July 16, 2024
Applications for designation as an area agency on aging
				  (AAA), under the Older Americans Act, must be solicited by the department when
				  a new planning and service area (PSA) has been designated, or when an existing
				  AAA has been de-designated, or when an existing AAA has voluntarily withdrawn
				  its designation.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 5 - AREA AGENCY ON AGING DESIGNATION › Section 9.2.5.10 - TYPE OF DESIGNATION

Current through Register Vol. 35, No. 13, July 16, 2024
The department may designate federally recognized AAAs under
				  the auspices of the Older Americans Act, or may designate non-federally
				  recognized AAAs under state authority. Non-federally recognized AAAs shall be
				  established and shall operate under the same rules as federally recognized AAAs
				  unless otherwise negotiated with the designated organization.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 5 - AREA AGENCY ON AGING DESIGNATION › Section 9.2.5.11 - ELIGIBILITY AND PREFERENCE FOR DESIGNATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. An AAA may be any of the following:
(1) An established aging organization which
				operates in a PSA;
(2) Any office
				or agency designated by the chief elected officials of a unit of general
				purpose local government to function only as an AAA;
(3) Any office or agency designated by the
				chief elected officials of any combination of units of general purpose local
				government to act on behalf of the combination for such purpose; or
(4) Any public or private nonprofit
				organization in a PSA, or any separate unit within such organization, which can
				and will engage in the functions of an AAA;
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 5 - AREA AGENCY ON AGING DESIGNATION › Section 9.2.5.12 - APPLICATION PROCESS AND PROCEDURE

Current through Register Vol. 35, No. 13, July 16, 2024
A. When it is necessary to solicit
				applications for area agency on aging designation pursuant to 9.2.5.9 NMAC, the
				department shall provide public notice of the need to solicit applications for
				designation and the process by which an entity can apply for such
				designation.
B. The department
				shall provide public notice as follows:
(1)
				In newspapers of general circulation in the planning and service area for which
				AAA applications are being solicited;
(2) On the department website;
(3) Via electronic dissemination to New
				Mexico's aging network; and
(4) In
				written notification to units of general purpose local government in the
				planning and service area.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 5 - AREA AGENCY ON AGING DESIGNATION › Section 9.2.5.13 - AREA AGENCY ON AGING REPLACEMENT REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Any unsolicited application for AAA designation which, if
				  approved, would result in the replacement of a formally designated area agency
				  on aging or substantially impact the aging network within the PSA involved,
				  must include:
A. Written indication of
				support, by resolution, of seventy-five percent (75%) of the governing bodies
				of municipalities and counties within the PSA boundaries;
B. Documentation that existing services can
				be substantially improved through the proposed change in designation;
				and
C. Assurance that no staff or
				board member of the applicant has served on the staff or board of the existing
				area agency on aging within the affected PSA, the department, or the U.S.
				administration on aging for a period of not less than two (2) years prior to
				the date of notification of application.
D. Other criteria deemed relevant by the
				department to the applicant's ability to carry out the duties of an
				AAA.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 5 - AREA AGENCY ON AGING DESIGNATION › Section 9.2.5.14 - REVIEW AND ASSESSMENT

Current through Register Vol. 35, No. 13, July 16, 2024
The department shall review each application for completeness
				  and ability to meet the necessary requirements of designation. The entity being
				  considered for AAA designation shall provide an opportunity for on-site review
				  and assessment by the department to ensure that said entity has the capacity to
				  perform the functions of an AAA, including the requirements set forth in 9.2.6
				  NMAC.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 5 - AREA AGENCY ON AGING DESIGNATION › Section 9.2.5.15 - DESIGNATION REQUIREMENT

Current through Register Vol. 35, No. 13, July 16, 2024
The department will designate an AAA to administer each PSA
				  for which the department allocates funds under Title III of the Older Americans
				  Act, supplemental state funds, or both. When designating a new AAA, the
				  department shall give right of first refusal to unit(s) of general purpose
				  local government if such unit can meet the requirements of
				  9.2.5.13 NMAC and the boundaries of
				  the PSA are reasonably contiguous. If any unit of general purpose local
				  government chooses not to exercise right of first refusal, the department shall
				  then give preference to an established AAA or aging organization which operates
				  in the PSA, and shall take into consideration the historical experience
				  applicants have had in coordination, planning, and delivery of services for
				  older adults. The department secretary shall approve or disapprove any
				  applications for designation in writing.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 5 - AREA AGENCY ON AGING DESIGNATION › Section 9.2.5.16 - RIGHT TO APPEAL

Current through Register Vol. 35, No. 13, July 16, 2024
Applicants who have been denied designation may appeal as
				  provided in 9.2.11 NMAC.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 5 - AREA AGENCY ON AGING DESIGNATION › Section 9.2.5.17 - DESIGNATED AAAs

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				designated AAAs are posted to the department's web site.
B. All designation approvals shall be
				maintained in the appropriate department records.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 5 - AREA AGENCY ON AGING DESIGNATION › Section 9.2.5.18 - RIGHT TO APPEAL

Current through Register Vol. 35, No. 13, July 16, 2024
Applicants who have been denied designation may appeal as
				  provided in SAA Rule No. 95-11 [now 9.2.11 NMAC].
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 5 - AREA AGENCY ON AGING DESIGNATION › Section 9.2.5.19 - DESIGNATED AREA AGENCIES

Current through Register Vol. 35, No. 13, July 16, 2024
The designated AAAs are:
A. PSA 1: city of Albuquerque;
B. PSA 2: north central New Mexico economic
				development district;
C. PSA 3:
				eastern New Mexico area agency on aging, inc.;
D. PSA 4: southwest New Mexico area agency on
				aging, inc.;
E. PSA 5: the Navajo
				nation; and
F. PSA 6: the New
				Mexico office of Indian affairs.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 6 - AREA AGENCY ON AGING REQUIREMENTS › Section 9.2.6.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
These rules apply to members of the public and organizations
				  that participate in the delivery of services to New Mexico's aging and
				  disability populations.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 6 - AREA AGENCY ON AGING REQUIREMENTS › Section 9.2.6.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Aging and Long-Term Services Department Act, Sections
				  9-23-1 to
				  9-23-12 NMSA 1978; Older Americans
				  Act of 1965, 42 U.S.C.
				  Sections 3001 to
				  3058, and implementing
				  regulations.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 6 - AREA AGENCY ON AGING REQUIREMENTS › Section 9.2.6.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to establish standards and
				  procedures for the federal and state funded programs administered by the aging
				  and long term services department.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 6 - AREA AGENCY ON AGING REQUIREMENTS › Section 9.2.6.9 - AREA AGENCY ON AGING STRUCTURE

Current through Register Vol. 35, No. 13, July 16, 2024
An area agency on aging must:
A. Administer Older Americans Act and state
				programs within one (1) or more designated planning and service area;
B. Have a full-time, qualified director and
				adequate qualified staff; and
C.
				Receive approval from the department regarding the selection of its
				director.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 6 - AREA AGENCY ON AGING REQUIREMENTS › Section 9.2.6.10 - AREA AGENCY ON AGING RESPONSIBILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A designated area agency on aging shall:
A. Comply, as applicable, with all federal
				and state statutes, rules and policies.
B. Coordinate services for older persons in
				its planning and service area(s) and serve as an advocate and focal point for
				older individuals within the area.
C. Plan and develop collaborative linkages;
				share information; monitor and evaluate services; and lead the development of
				comprehensive and coordinated community-based systems.
D. Conduct periodic public hearings on the
				effectiveness of services and the needs of older adults in the area.
E. Furnish appropriate training and technical
				assistance to providers of services in the area.
F. Develop and submit an area plan to the
				department, according to guidelines issued by the department, for the
				department's approval, covering each planning and service area
				administered.
G. Establish and
				support an advisory council.
(1) The advisory
				council membership shall include individuals and representatives of community
				organizations who will help to enhance the leadership role of the area agency
				on aging in developing community-based systems of services. The advisory
				committee shall be made up of:
(a) persons
				sixty (60) years of age or older, including minority individuals and those with
				greatest economic or social needs, and clients of services funded by the area
				agency on aging (this group shall comprise more than fifty percent (50%) of the
				advisory council);
(b)
				representatives of older persons;
(c) representatives of health care provider
				organizations, including providers of veterans' health care (if
				appropriate);
(d) representatives
				of supportive services provider organizations;
(e) persons with leadership experience in the
				private and voluntary sectors;
(f)
				local elected offcials;
(g) the
				general public; and
(h) additional
				membership as determined by the area agency on aging.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 6 - AREA AGENCY ON AGING REQUIREMENTS › Section 9.2.6.11 - WITHDRAWAL OF AREA AGENCY ON AGING DESIGNATION

Current through Register Vol. 35, No. 13, July 16, 2024
If the department determines that an area agency on aging
				  has not made progress to correct any identified defciency(ies), the department
				  may initiate the withdrawal of designation process, pursuant to 9.2.7 NMAC and
				  45 C.F.R. Section
				  1321.35.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 7 - DE-DESIGNATION OF AREA AGENCIES ON AGING › Section 9.2.7.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
These rules apply to members of the public and organizations
				  that participate in the delivery of services to New Mexico's aging and
				  disability populations.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 7 - DE-DESIGNATION OF AREA AGENCIES ON AGING › Section 9.2.7.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Aging and Long-Term Services Department Act, Sections
				  9-23-1 to
				  9-23-12 NMSA 1978; Older Americans
				  Act of 1965, 42 U.S.C.
				  Sections 3001 to
				  3058, and implementing
				  regulations.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 7 - DE-DESIGNATION OF AREA AGENCIES ON AGING › Section 9.2.7.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
June 30, 2015, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 7 - DE-DESIGNATION OF AREA AGENCIES ON AGING › Section 9.2.7.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to establish standards and
				  procedures for the federal and state funded programs administered by the aging
				  and long term services department.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 7 - DE-DESIGNATION OF AREA AGENCIES ON AGING › Section 9.2.7.9 - BACKGROUND

Current through Register Vol. 35, No. 13, July 16, 2024
When an area agency on aging fails to comply with applicable
				  federal or state rules, statutes or codes, or terms of a contract, the
				  department may take action as may be legally available and appropriate to the
				  circumstance.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 7 - DE-DESIGNATION OF AREA AGENCIES ON AGING › Section 9.2.7.10 - DEPARTMENT RESPONSIBILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
Prior to any de-designation effort the department must
				  provide the area agency on aging with the opportunity to correct any defciency
				  which may be cause for de-designation.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 7 - DE-DESIGNATION OF AREA AGENCIES ON AGING › Section 9.2.7.11 - DE-DESIGNATION

Current through Register Vol. 35, No. 13, July 16, 2024
The department shall withdraw an area agency on aging
				  designation whenever the department, for specific documented reasons and after
				  reasonable notice and opportunity for a hearing, as provided in 9.2.11 NMAC,
				  finds that:
A. The area agency on aging
				does not meet the requirements of federal or state regulations, as specified in
				9.2.6 NMAC and 45 C.F.R. Section 1321; or
B. The area plan or area plan amendment is
				not approved in the current funding period; or
C. There is substantial failure to properly
				administer the approved area plan or to comply with any provision of the Older
				Americans Act, 45 C.F.R. Section 1321, or the department's rules or published
				policies and procedures; or
D.
				Activities of the area agency on aging are inconsistent with the statutory
				mission prescribed in the Older Americans Act or in conflicts with the
				requirement of the Act that it function only as an area agency on aging;
				or
E. The area agency on aging does
				not perform its responsibilities as required by its contract with the
				department.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 7 - DE-DESIGNATION OF AREA AGENCIES ON AGING › Section 9.2.7.12 - NOTIFICATION OF CONTEMPLATION OF WITHDRAWAL OF AREA AGENCY ON AGING DESIGNATION

Current through Register Vol. 35, No. 13, July 16, 2024
If the department contemplates withdrawal of designation of
				  an area agency on aging, the department will notify appropriate individuals and
				  organizations in advance of the contemplated withdrawal and of the reasons
				  which make it necessary. This notification shall be sent by certified mail,
				  return receipt requested, to:
A.The
				governor of New Mexico;
B. The New
				Mexico congressional delegation;
C.
				State senators and representatives of the districts in which the area agency on
				aging provides services;
D. The
				department policy advisory committee;
E. County commission chairpersons and mayors
				of cities, towns and villages in the affected planning and service
				area(s);
F. Governors or presidents
				of Indian pueblos or tribes in the affected planning and service
				area(s);
G. The governing body of
				the area agency on aging;
H.Service
				providers that have current contracts with the area agency; and
I.The area agency on aging advisory
				council.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 7 - DE-DESIGNATION OF AREA AGENCIES ON AGING › Section 9.2.7.13 - NOTIFICATION OF WITHDRAWAL OF AREA AGENCY ON AGING DESIGNATION

Current through Register Vol. 35, No. 13, July 16, 2024
An area agency on aging shall be notified, by certified mail,
				  return receipt requested, at least ten (10) working days prior to the effective
				  date of its de-designation as an area agency on aging. Such notification shall
				  explain the right of the area agency on aging to appeal such decision as
				  outlined in 9.2.11 NMAC.
A. If, in the
				department's judgment, an egregious situation exists that seriously threatens
				the health and welfare of a significant segment of the older adult population
				within the affected planning and service area(s), the de-designation may be
				made effective immediately, and so stated in the letter of notification.
				Immediate de-designation does not preclude processing appeals under 9.2.11
				NMAC.
B. If an area agency on aging
				is de-designated, the department may, if necessary to ensure continuity of
				services in a planning and service area, assume the role of the area agency on
				aging for a period of up to one hundred eighty (180) days following its final
				decision to withdraw designation of the area agency on aging; this period may
				be extended by the head of the U.S. administration on aging pursuant to
				45 C.F.R. Section
				1321.35.
C. If an area agency on aging is
				de-designated, the department may alternatively, if necessary to ensure
				continuity of services in a planning and service area, assign the
				responsibilities of the area agency on aging to another agency in the planning
				and service area for a period of up to hundred eighty (180) days. This period
				may be extended by the head of the U.S. Administration on Aging pursuant to
				45 C.F.R. Section
				1321.35.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 7 - DE-DESIGNATION OF AREA AGENCIES ON AGING › Section 9.2.7.14 - PROCEDURES FOLLOWING WITHDRAWAL OF DESIGNATION

Current through Register Vol. 35, No. 13, July 16, 2024
If the department de-designates an area agency on aging, the
				  department shall take the following action:
A. The department will notify, by certified
				mail, return receipt requested, the head of the U.S. Administration on Aging
				and others as specified in 9.2.7.12 NMAC or as required by federal
				regulation;
B. The department will
				provide a plan for continuity of services in the affected planning and service
				area(s) and will:
(1) Discontinue
				reimbursement to the former area agency on aging except for outstanding
				obligations;
(2) Notify area agency
				on aging contractors regarding where to submit requests for
				reimbursement;
(3) Terminate any
				contracts with the former area agency on aging; and
(4) Designate an interim or new area agency
				on aging to administer the planning and service area(s) in a timely
				manner.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 7 - DE-DESIGNATION OF AREA AGENCIES ON AGING › Section 9.2.7.15 - ADMINISTRATION BY THE STATE AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
If necessary to ensure continuity of services in a PSA, the
				  state agency may, for a period of up to 180 days, after withdrawing designation
				  of an area agency:
A. perform the area
				agency responsibilities;
B. assign
				the responsibilities of the area agency to another agency in the PSA;
C. assign the responsibility to an area
				agency on aging in a contiguous planning and service area; or
D. if necessary, may request, from the U.S.
				commissioner on aging, an extension of an additional 180 days.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 8 - ADEQUATE PROPORTION OF SERVICES › Section 9.2.8.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
These rules apply to members of the public and organizations
				  that participate in the delivery of services to New Mexico's aging and
				  disability populations.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 8 - ADEQUATE PROPORTION OF SERVICES › Section 9.2.8.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Aging and Long-Term Services Department Act, Sections
				  9-23-1 to
				  9-23-12 NMSA 1978; Older Americans
				  Act of 1965, 42 U.S.C.
				  Sections 3001 to
				  3058, and implementing
				  regulations.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 8 - ADEQUATE PROPORTION OF SERVICES › Section 9.2.8.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to establish standards and
				  procedures for the federal and state-funded programs administered by the aging
				  and long term services department.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 8 - ADEQUATE PROPORTION OF SERVICES › Section 9.2.8.9 - ADEQUATE PROPORTION SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
The adequate proportion services authorized under Title III
				  of the Older Americans Act consist of:
A. Services associated with access, including
				transportation, health/mental health services, outreach, case management, and
				information and assistance on the availability of services and how to receive
				public benefits;
B. In-home
				services, including supportive services for families of older individuals with
				Alzheimer's disease and related disorders with neurological and organic brain
				dysfunction; and
C.Legal
				assistance.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 8 - ADEQUATE PROPORTION OF SERVICES › Section 9.2.8.10 - ADEQUATE PROPORTION FUNDING PERCENTAGES

Current through Register Vol. 35, No. 13, July 16, 2024
Area agencies on aging that receive federal funding through
				  the department are required to expend an adequate proportion of Older Americans
				  Act Title III, Part B, allotments for each of three categories of services:
				  access services, in-home services, and legal assistance.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 8 - ADEQUATE PROPORTION OF SERVICES › Section 9.2.8.11 - WAIVER OF THE REQUIREMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				department may waive the requirement if:
(1)
				An approved plan is in place to ensure that access services, in-home services,
				and legal assistance are available throughout the planning and service area(s);
				or
(2) An area agency on aging
				requests a waiver and documents that access services, in-home services, and
				legal assistance are being furnished and are sufficient to meet the need in the
				planning and service area(s) administered.