reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 17 - LEGAL ASSISTANCE SERVICES › Section 9.2.17.2 - 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 17 - LEGAL ASSISTANCE SERVICES › Section 9.2.17.3 - 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 17 - LEGAL ASSISTANCE SERVICES › Section 9.2.17.6 - 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 17 - LEGAL ASSISTANCE SERVICES › Section 9.2.17.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A "fee
				generating case" includes any matter which, if undertaken by a private legal
				practitioner on behalf of a client, could reasonably be expected to result in
				an awarded legal fee directly payable out of the amount awarded the client from
				the opposing parties, or from public funds.
B. "Legal assistance" means legal advice,
				education and representation provided by an attorney to older individuals with
				economic or social needs; and includes, to the extent feasible, counseling or
				other appropriate assistance provided by a paralegal or law student under the
				direct supervision of a licensed attorney; and counseling and representation
				provided by a non-lawyer where permitted by law.
C. "Legal assistance providers" are those
				who, pursuant to the Older Americans Act, Title III B, provide services, legal
				assistance and other counseling services and assistance.
D. "Means test" is defined as the use of an
				older individual's income or resources to deny or limit that individual's
				receipt of services.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 17 - LEGAL ASSISTANCE SERVICES › Section 9.2.17.9 - ALLOWABLE SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
A.Providers of legal assistance, funded by
				the department, must provide such services to New Mexicans age sixty (60) or
				older and others as described in contracts supported by state funds. Allowable
				services include, but are not limited to:
(1)
				Direct service delivery programs using staff attorneys, paralegals, law
				students and/ or other non-lawyers under the direct supervision of an
				attorney;
(2) Legal clinics which
				combine education addressing specific legal issues or topics of concern to
				older individuals, outreach and intake efforts that target those in greatest
				social and economic need, and the direct provision of legal advice,
				representation, and follow-up services to individuals in attendance;
(3) Interactive workshops at which the
				individuals in attendance are counseled and provided with direct legal
				assistance with regard to legal and elder rights issues;
(4) Referral programs enlisting the services
				of a panel of volunteer attorneys to provide direct
pro bono
legal assistance;
(5)
				Impact case work, for example, lawsuits that benefit entire classes of clients,
				nursing home reform efforts, and Medicaid advocacy;
(6) The production and provision of
				educational materials and other legal resources for the benefit of New Mexicans
				age sixty (60) or older and others as described in contracts supported by state
				funds; and
(7) Any programs using
				any combinations of the activities described above.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 17 - LEGAL ASSISTANCE SERVICES › Section 9.2.17.10 - SELECTION OF PROVIDERS

Current through Register Vol. 35, No. 13, July 16, 2024
The department or an area agency on aging shall consider the
				  following factors when awarding funds to legal assistance providers:
A.Staff with expertise in those specific
				areas of law affecting older individuals in greatest economic and greatest
				social need, such as income, public benefits, institutionalization and
				alternatives to institutionalization, defense of guardianships, protective
				services, age discrimination, health care, long-term care, nutrition, housing,
				utilities and abuse and neglect.
B.
				The ability to develop and implement outreach efforts designed to identify and
				serve targeted populations.
C. The
				ability to provide administrative and judicial representation in the specific
				areas of law affecting older individuals in greatest economic and greatest
				social need.
D. The ability to
				provide legal services to institutionalized, isolated and homebound older
				individuals.
E. The ability to
				provide legal assistance in the principal language spoken by clients in those
				areas of the state where a significant number of clients do not speak English
				as their principal language.
F. The
				ability to provide support and advice to the long-term care ombudsman
				program.
G. The ability to provide
				support to aging network elder rights initiatives.
H.The ability to provide support to other
				advocacy efforts, adult protective services, and protection and advocacy and
				public guardianship programs; and.
I.A commitment to the statewide aging
				network, including participation in aging network training sessions;
				coordination with, and referrals to and from, other service providers;
				involvement in local and statewide publicity efforts to identify the
				availability of legal assistance services; and training local service
				providers, site managers, staff, and the like as to the availability and extent
				of legal assistance services.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 17 - LEGAL ASSISTANCE SERVICES › Section 9.2.17.11 - EVALUATING PROVIDERS

Current through Register Vol. 35, No. 13, July 16, 2024
The department or area agencies on aging should evaluate
				  providers at least annually using procedures and instruments developed by such
				  groups as the National senior citizens law center, the center for social
				  gerontology, or other similar groups with proven experience in the evaluation
				  of Older Americans Act, Title III(B), legal assistance providers. If
				  applicable, random tests of client services should be administered in the
				  evaluation process. Copies of written evaluations conducted by area agencies on
				  aging must be provided to the department when they are released to the
				  providers.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 17 - LEGAL ASSISTANCE SERVICES › Section 9.2.17.12 - MEANS TEST AND TARGETING

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Legal assistance providers may not use a means test as a criterion for
				determining whether an individual is entitled to legal assistance services.
				Legal assistance providers may question an older individual about his/ her
				financial circumstances as part of the process of providing legal advice,
				counseling and representation, or for the purpose of identifying additional
				resources and benefits for which an older individual may be eligible.
B. The Older Americans Act requires that
				providers target minority older individuals with low incomes, older individuals
				residing in rural areas, and older individuals with the greatest economic and
				social needs.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 17 - LEGAL ASSISTANCE SERVICES › Section 9.2.17.13 - CONFIDENTIALITY

Current through Register Vol. 35, No. 13, July 16, 2024
Legal assistance providers shall not be required to reveal
				  any information that is protected by the attorney-client privilege. The
				  fiduciary relationship between lawyer and client and the proper functioning of
				  the legal system require the lawyer to preserve client confidences and secrets.
				  Legal assistance providers must comply with client confidentiality
				  requirements, as defined in the Older Americans Act, and all federal and state
				  financial management requirements, including the collection, documentation and
				  use of program income.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 17 - LEGAL ASSISTANCE SERVICES › Section 9.2.17.14 - COORDINATION WITH LEGAL SERVICES CORPORATION AND OTHER SEPARATELY FUNDED LEGAL ASSISTANCE PROGRAMS

Current through Register Vol. 35, No. 13, July 16, 2024
Legal assistance providers must coordinate with legal
				  services corporation (LSC) providers and any other providers of legal
				  assistance to older individuals to supplement current service levels. Area
				  agencies on aging and providers must also attempt to involve the private bar on
				  a reduced fee and
pro bono
basis.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 18 - NUTRITION SERVICES › Section 9.2.18.3 - 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 18 - NUTRITION SERVICES › Section 9.2.18.6 - 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 18 - NUTRITION SERVICES › Section 9.2.18.8 - DEPARTMENT RESPONSIBILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
The department shall:
A. Review and approve area plans, which
				contain plans for providing nutrition services;
B. Monitor and assess area agencies on aging
				for compliance with these rules;
C.
				Provide technical assistance in the areas of nutrition, meal preparation, menu
				planning, and meal delivery;
D.
				Conduct or coordinate training;
E.
				Develop eligibility criteria for home-delivered meals; and
F. Review and grant or deny any waivers to
				this rule as requested by area agencies on aging. Such waivers shall not
				override applicable regulations issued by other state or local agencies that
				regulate food service and sanitation.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 18 - NUTRITION SERVICES › Section 9.2.18.9 - AREA AGENCY ON AGING RESPONSIBILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
Area agencies on aging shall:
A. Assess the need for nutrition services and
				further develop eligibility criteria in the planning and service area(s)
				administered;
B. Select nutrition
				service providers through a competitive bid process, which may include a
				multi-year request for proposals;
C. Monitor the performance of nutrition
				services, including conducting at least one annual assessment of each
				provider;
D. Approve the menu used
				each month for each provider which must be:
(1) Evaluated with a computer software
				program; or
(2) Evaluated and
				signed by a nutrition professional; or
(3) Approved by the department.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 18 - NUTRITION SERVICES › Section 9.2.18.10 - NUTRITION SERVICE PROVIDER RESPONSIBILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
Nutrition service providers shall:
A. Establish and administer nutrition
				program(s) with the advice of nutrition professionals, participants, and others
				knowledgeable about the needs of older individuals;
B. Provide eight (8) hours per year of food
				service training to nutrition staff;
C. Provide congregate, home-delivered meals,
				or both, on a regularly scheduled basis;
D. Assess the need for home delivered meals
				based on established criteria;
E.
				Have a disaster plan in place to address the availability of meals in
				emergencies;
F. Maintain required
				food services licensure or certification;
G. Prepare, publicize, and adhere to a
				monthly menu that meets the dietary needs and ethnic and cultural preferences
				of participants;
H.Conduct and
				document testing and temperature control procedures to ensure that meals are
				served or delivered at appropriate temperatures;
I.Conduct outreach at least annually to
				ensure that the maximum number of eligible persons have the opportunity to
				participate in the program;
J.Provide nutrition education for
				participants at each congregate meal site at least every three (3) months for
				ffiteen (15) minutes or more and provide nutrition education for home-delivered
				meal recipients through materials sent to the home, home visits, or telephone
				contact at least twice annually;
K.Report cases of suspected abuse, neglect,
				and exploitation to adult protective services; report to designated authorities
				any conditions or circumstances which place participants in imminent
				danger;
L.Obtain prior written
				approval of the area agency on aging that funds the program prior to cancelling
				services, closing a site or reducing days of operation, except in the case of
				inclement weather per area agency on aging policy;
M.Maintain, at a minimum, the following:
(1) Documentation identifying participants,
				guests, and staff;
(2) Monthly
				menus verified for nutritional requirements as specified in this
				rule;
(3) Documentation of
				nutrition education provided to participants;
(4) Documentation of food service training
				provided to nutrition program staff; and
(5) Daily temperature logs for freezers,
				refrigerators, and food.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 18 - NUTRITION SERVICES › Section 9.2.18.11 - MENU REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
All meals served must:
A. Meet recommended dietary allowance
				requirements, or dietary reference intake standards;
B. Provide for no more than thirty percent
				(30%) of total calories from fat;
C. Follow the U.S. dietary guidelines;
				and
D.Comply with the standard
				breakfast meal and standard lunch meal patterns as defined in 9.2.18.7
				NMAC.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 18 - NUTRITION SERVICES › Section 9.2.18.12 - FOOD PREPARATION AND SERVICE REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Providers must:
A.
				Comply with all state and local health laws and ordinances governing
				procurement, preparation, handling and serving of food;
B. Keep a copy of current state and local
				food service regulations; and review these annually with staff;
C. Submit to inspections by state and local
				authorities and promptly correct any deficiencies;
D. Serve food within thirty (30) minutes
				after preparation or refrigerate food until ready for use or maintain food at
				an appropriate temperature as described in 9.2.18.16 NMAC;
E. Bring the internal temperature of food
				served hot to a temperature of at least one hundred sixty fve (165) degrees
				Fahrenheit (F) during cooking or reheating;
F. Maintain hot foods at one hundred forty
				(140) degrees F or higher and maintain cold foods at forty (40) degrees F or
				lower, until served.
G. Not use
				steam tables or hot food tables to reheat prepared foods;
H.Provide meals that are reflective of
				participant choice, religion, ethnicity, and culture, and are attractive,
				palatable and appealing, and contain a variety of color and texture;
I.Minimize leftover food by developing
				accurate production forecasting. A maximum ten percent (10%) variance between
				the number of leftover meals and the number of meals served is the target.
				Leftover food may be served to participants within forty eight (48) hours of
				preparation if proper food handling and storage techniques have been
				implemented;
J.Exercise discretion
				as to whether to permit leftover food from a meal to be taken from the site by
				a participant; and
K.Obtain all
				commercial foods from vendors that comply with all laws relating to food and
				food labeling. Commercially packaged food must arrive in containers with
				labels, and, must have been stored at all times at appropriate temperatures.
				Fresh or frozen meat, poultry or fish must be processed to comply with all
				safety requirements. Fresh produce must be in good condition, free from
				spoilage, filth or other contamination, and safe for human consumption. Use of
				home prepared or home canned food is prohibited.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 18 - NUTRITION SERVICES › Section 9.2.18.13 - THERAPEUTIC DIETS

Current through Register Vol. 35, No. 13, July 16, 2024
Therapeutic diets may be provided when:
A. A sufficient number of persons require
				therapeutic diets and the program determines it has the ability to prepare
				them;
B. The food and skills
				necessary to prepare therapeutic diets are available to the program, including
				the supervision of a registered dietitian; or the meals are purchased from a
				hospital or similar facility at which meal preparation is supervised by a
				registered dietitian;
C. A written
				diet order, signed by a physician, is on file; and
D. The need of each individual is reassessed
				as determined by the physician.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 18 - NUTRITION SERVICES › Section 9.2.18.14 - CONGREGATE MEAL SITE REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Meal sites shall be located as close as
				possible to the residences of the majority of eligible individuals with the
				greatest economic and social needs;
B. Meal sites must not restrict participation
				or illegally discriminate in any way;
C. Meal sites must comply with all applicable
				federal, state and local health, fire, safety, building, accessibility, zoning
				and sanitation laws, ordinances, or codes, and, at a minimum, each meal site
				must:
(1) Conduct evacuation drills twice per
				year;
(2) Maintain a basic first
				aid kit on the premises at all times;
(3) Maintain a fire extinguisher on the
				premises at all times with a current inspection tag; and
(4) Meet Americans with Disabilities Act
				access guidelines;
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 18 - NUTRITION SERVICES › Section 9.2.18.15 - HOME-DELIVERED MEAL SERVICE REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Providers must implement procedures for
				determining participant eligibility and assessing the need for service. This
				includes, at a minimum:
(1) An initial home
				visit to assess need within ffiteen (15) working days of beginning service;
				and
(2) Six (6)-month reassessment
				of individuals whose eligibility is subject to change.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 18 - NUTRITION SERVICES › Section 9.2.18.16 - NUTRITION SERVICES INCENTIVE PROGRAM (NSIP)

Current through Register Vol. 35, No. 13, July 16, 2024
A. The Older Americans Act, Section 311,
				rewards federally funded nutrition programs.
B. Any meal served by a provider to eligible
				individuals which meets RDA requirements, regardless of funding source, shall
				be reported for NSIP assistance. However, only programs funded with Title III
				federal funds are eligible to receive assistance.
C. NSIP funding must only be used to purchase
				food which is grown or processed in the United States. Coffee, tea, cocoa,
				decaffeinated beverages, fruits, and vegetables grown outside of the U.S. are
				not reimbursable.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 18 - NUTRITION SERVICES › Section 9.2.18.17 - U.S. DEPARTMENT OF AGRICULTURE (USDA) COMMODITY ASSISTANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. USDA assistance
				in the form of cash, commodities or items processed with commodities for meals
				served will be used in accordance with regulations of USDA and the State
				Agency;
B. Any meal served by a
				State Agency funded provider to eligible persons which meet the RDA
				requirements, regardless of the funding source, will be reported for either
				USDA cash or commodity assistance. However, only Title III funded programs are
				eligible to receive USDA assistance;
C. USDA cash must only be used to purchase
				food which is grown or processed in the United States. Coffee, tea,
				decaffeinated beverages and fruits and vegetables grown outside of the U.S. are
				not USDA reimbursable;
D. Grants
				for nutrition services provided under the Older Americans Act, as amended, are
				not reduced when USDA assistance levels increase.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 19 - LONG TERM CARE OMBUDSMAN › Section 9.2.19.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
These rules apply to the department, its office of the
				  state-term care ombudsman (office ombudsmen), ombudsmen, including the state
				  long-term care ombudsman (state ombudsman) certified staff and volunteers,
				  provider agencies, private nonprofit organizations and area agencies on
				  aging.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 19 - LONG TERM CARE OMBUDSMAN › Section 9.2.19.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Older Americans Act of 1965 (OAA),
				  42 USC
				  3001,
et seq.
, as amended;
				  New Mexico Long-Term Care Ombudsman Act, New Mexico Statutes Annotated 28-17-1
et seq
.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 19 - LONG TERM CARE OMBUDSMAN › Section 9.2.19.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
These rules govern the conduct of the office in fulfilling
				  its duties under the OAA and the New Mexico Long-Term Care Ombudsman Act by
				  protecting the health, safety, welfare and rights of residents of long-term
				  care facilities in this state, to investigate and resolve complaints of such
				  residents, and to report on conditions of long-term care facilities. The
				  department shall establish and operate the office either directly or by
				  contract or other arrangement with a public agency or non-profit private
				  organization. The office is a distinct entity, separately identifiable, located
				  within or connected to the department, and, in the event the department enters
				  into contract or other arrangement with a public agency or non-profit
				  organization, that agency or organization shall establish a separately
				  identifiable, distinct entity as the office.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 19 - LONG TERM CARE OMBUDSMAN › Section 9.2.19.8 - PHILOSOPHY

Current through Register Vol. 35, No. 13, July 16, 2024
The program is a resident-centered advocacy program. The
				  long-term care facility resident or applicant for residency is the client,
				  regardless of the source of the complaint or request for service. The office
				  shall assist residents by protecting their health, safety, welfare and rights,
				  to investigate and resolve complaints of such residents, and to report on
				  conditions of long-term care facilities.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 19 - LONG TERM CARE OMBUDSMAN › Section 9.2.19.9 - OFFICE RULE

Current through Register Vol. 35, No. 13, July 16, 2024
The state ombudsman shall assure that all residents of
				  long-term care facilities in the state have access to program services. The
				  state ombudsman may fulfill its responsibilities through the department either
				  directly or by a department contract or other arrangement with a public agency
				  or non-profit private organization. Any such agency or non-profit entity that
				  contracts with the department to provide ombudsman services must employ a
				  full-time state ombudsman.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 19 - LONG TERM CARE OMBUDSMAN › Section 9.2.19.12 - QUALIFICATION AND CERTIFICATION OF LONG-TERM CARE OMBUDSMAN

Current through Register Vol. 35, No. 13, July 16, 2024
A. Under the OAA, the department's cabinet
				secretary is mandated to select the state ombudsman. In upholding this
				responsibility, he or she shall ensure that the state ombudsman meets minimum
				qualifications, which shall include, but not be limited to, demonstrated
				expertise in:
(1) long-term services and
				supports or other direct services for older adults or individuals with
				disabilities;
(2) consumer-oriented
				public policy advocacy;
(3)
				satisfactorily complete the applicable training requirements set forth
				below.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 19 - LONG TERM CARE OMBUDSMAN › Section 9.2.19.13 - ADDITIONAL REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
In order to be certified as a facility ombudsman, an
				  individual must (in addition to meeting the qualifications set forth in Section
				  9.2.19.12 NMAC) complete an
				  evaluation period of between three and six months after placement in a
				  facility, during which the individual:
A. visits an assigned facility or facilities
				regularly;
B. submits regular
				monthly reports;
C. submits
				appropriately written complaints, or successfully completes part II of the
				ombudsman certification exam;
D. is
				responsive to the needs and concerns of long term care facility residents;
				and
E. is evaluated in the field by
				the supervising regional coordinator;
F. a new facility ombudsman who has met the
				qualifications for facility ombudsman set forth in Section
				9.2.19.12 NMAC may be provisionally
				certified as a facility ombudsman for and during the three to six month
				evaluation period. A provisionally certified facility ombudsman enjoys all of
				the duties and protections of a long-term care ombudsman under the New Mexico
				Long Term Care Ombudsman Act;
G.
				any person certified as a regional coordinator or other SLTCOP staff with
				programmatic responsibilities will be deemed certified as a facility ombudsman
				as well, with all the privileges and protections of a facility ombudsman under
				these regulations and the New Mexico Long Term Care Ombudsman Act. SLTCOP staff
				with programmatic responsibilities may be provisionally certified during the
				first year of employment;
H. the
				director of the SAOA and deputy directors of the SAOA shall each be certified
				to act with the authority of a regional coordinator upon completion of the
				standard new volunteer training program.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 19 - LONG TERM CARE OMBUDSMAN › Section 9.2.19.14 - ADDITIONAL CERTIFICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The state ombudsman may create such other categories of
				  ombudsmen and the requirements for certification thereof as he or she may
				  decide, by filing a written procedure describing the duties and certification
				  requirements of such ombudsmen with the department's cabinet
				  secretary.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 19 - LONG TERM CARE OMBUDSMAN › Section 9.2.19.15 - NOTIFICATION OF CERTIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
The state ombudsman shall send written notification of an
				  individual's certification as an ombudsman to the individual being certified,
				  the area agency on aging (AAA), applicable provider agency or the private
				  non-profit organization, within 30 days of the determination.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 19 - LONG TERM CARE OMBUDSMAN › Section 9.2.19.16 - RECERTIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
Ombudsmen must be recertified each calendar year. The state
				  ombudsman shall determine recertification requirements. As part of the
				  recertification, the state ombudsman shall verify that the ombudsman seeking
				  recertification has successfully:
A.
				visited his or her assigned facility or facilities regularly;
B. submitted regular monthly
				reports;
C. submitted appropriately
				written complaints;
D. demonstrated
				responsiveness to the needs and concerns of long-term care facility residents;
				and
E. demonstrated evidence of
				receiving appropriate continuing education.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 19 - LONG TERM CARE OMBUDSMAN › Section 9.2.19.17 - NON-CERTIFICATION AND DECERTIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
The state ombudsman may refuse to certify or may de-certify
				  an individual as an ombudsman, for any of the following reasons:
A. failure of the individual to meet or
				maintain the criteria for certification set forth in Section
				9.2.19.12 NMAC;
B. existence of an un-remedied conflict of
				interest;
C. deliberate failure of
				the individual to disclose any conflict of interest;
D. of the confidentiality requirements of
				these regulations, the OAA, or the act;
E. failure to provide adequate and
				appropriate services to long-term care residents;
F. falsifying records;
G. change in employment duties which is
				incompatible with those of an ombudsman;
H. separation from the program, to include,
				for example, removal from employment by the department or other provider agency
				or an extended absence not protected by state or federal law that prevents the
				ombudsman from fulfilling his or her job responsibilities;
I. failure to act in accordance with
				applicable federal and state laws, rules, regulations, and policies;
				or
J. such other cause that the
				state ombudsman may determine would render the individual unsuitable for
				service as an ombudsman.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 19 - LONG TERM CARE OMBUDSMAN › Section 9.2.19.18 - NEW MEXICO AGING AND LONG TERM SERVICES DEPARTMENT RESPONSIBILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Establish and
				operate the office either directly or by contract or other arrangement with a
				public agency or non-profit private organization, consistent with the options
				provided under state and federal law.
B. The cabinet secretary of the department
				shall designate who shall serve as the full-time state ombudsman.
C. Provide for adequate legal counsel for the
				office (which may be through the office of the New Mexico attorney general) on
				behalf of the office or any representative of the office against whom suit or
				other legal action is brought or threatened to be brought in connection with
				the performance of the official duties of the office or of such
				representative.
D. Provide support
				to the state ombudsman to enable him or her to fulfill responsibilities
				consistent with all applicable federal and state laws, regulations, and
				policies.
E. Administer any program
				service contracts between the department, AAAs, provider agencies or private
				non-profit organizations.
F.
				Administer the program in accordance with all applicable federal and state
				laws, regulations, and policies.
G.
				Pursuant to 45 CFR
				1324.13, determine the use of fiscal
				resources appropriated or otherwise available for the operation of the office.
				The state ombudsman shall determine that program budgets and expenditures of
				the office and local ombudsman entities are consistent with laws, policies and
				procedures governing the program.
H. Develop and provide final approval of an
				annual report as set forth in Section 712(h)(1) of the OAA. Such report shall:
(1) describe the activities carried out by
				the office in the year for which the report is prepared;
(2) contain analysis of program
				data;
(3) describe evaluation of
				the problems experienced by, and the complaints made by or on behalf of,
				residents;
(4) contain policy,
				regulatory and legislative recommendations for improving the quality of care
				and life of the residents; protecting the health, safety, welfare and rights of
				the residents; and resolving resident complaints and identified problems or
				barriers;
(5) contain analysis of
				the success of the program, including success in providing services to
				residents of assisted living, board and care facilities and other similar adult
				care facilities; and
(6) describe
				barriers that prevent the optimal operation of the program.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 19 - LONG TERM CARE OMBUDSMAN › Section 9.2.19.23 - FACILITY OMBUDSMAN RESPONSIBILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to the responsibilities set forth in Section
				  9.2.19.22 NMAC, each facility
				  ombudsman shall be responsible for:
A.
				providing LTCO services to assist in the protection of the health, safety,
				welfare and rights of residents in accordance with the provisions of the
				federal and state laws governing the LTCO and consistent with their respective
				certifications and duties for which they are responsible for thereby, as set
				forth in this part;
B. documenting
				LTCO activities and case work, if any, as required by the SLTCO;
C. visiting his or her assigned facility or
				facilities regularly;
D. submitting
				regular monthly reports;
E.
				submitting appropriately written complaints;
F. being responsive to the needs and concerns
				of long term care facility residents; and
G. participating in appropriate continuing
				education.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 19 - LONG TERM CARE OMBUDSMAN › Section 9.2.19.24 - RESOURCE OMBUDSMAN RESPONSIBILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to the responsibilities set forth in Section
				  9.2.19.22 NMAC, a resource
				  ombudsman shall be authorized and responsible only for complaint intake and
				  processing, research, specialized training, or such other responsibility or
				  responsibilities (not including, however, the taking and on-site investigation
				  of complaints from residents) as the SLTCO may authorize and direct. A resource
				  ombudsman may visit long-term care facilities as ombudsman under the direction
				  of a certified facility ombudsman.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 19 - LONG TERM CARE OMBUDSMAN › Section 9.2.19.25 - RESPONSIBILITIES OF STAFF AND VOLUNTEERS NOT CERTIFIED AS OMBUDSMAN

Current through Register Vol. 35, No. 13, July 16, 2024
Persons who are employed by or volunteering at the SAOA or
				  the office of the SLTCO, or who have volunteered as LTCOs but who have not
				  completed the new volunteer training program may assist in the provision of
				  LTCO services, other than complaint processing, under the direct supervision of
				  a certified LTCO, but they may not have sole responsibility for the provision
				  of any LTCO service.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 19 - LONG TERM CARE OMBUDSMAN › Section 9.2.19.26 - CONFLICTS OF INTEREST POLICY

Current through Register Vol. 35, No. 13, July 16, 2024
The organizational placement of the program and the
				  individuals who carry out the duties of the program must be free from conflicts
				  of interest.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 19 - LONG TERM CARE OMBUDSMAN › Section 9.2.19.27 - CONFLICT OF INTEREST IDENTIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A conflict of interest exists in the program or with respect
				  to an individual providing program services when other interests intrude upon,
				  interfere with, or threaten to negate the ability of the program to advocate
				  without compromise on behalf of long-term care facility residents. Types of
				  conflict of interest include: conflicts of loyalty where incentives, often
				  related to financial or employment considerations, shape one's judgment or
				  behavior in ways that are contrary to the interest of residents; conflicts of
				  commitment where goals or obligations that direct one's time or attention away
				  from the interest of residents; and conflicts of control where limitations or
				  restrictions are imposed that effectively foreclose one's ability to take
				  actions to advocate for the interest of residents.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 19 - LONG TERM CARE OMBUDSMAN › Section 9.2.19.28 - ORGANIZATIONAL CONFLICTS

Current through Register Vol. 35, No. 13, July 16, 2024
An organizational conflict may arise when program placement
				  is made in an agency which has not identified and taken steps to remove or
				  remedy conflicts of interest between the office and the state agency and
				  notified the assistant secretary of the federal health and human services
				  department of its plan for removing the conflict, pursuant to
				  45 CFR
				  1324.21(b)(1). An
				  organizational conflict of interest exists where the office:
A. has an ownership or investment interest
				(represented by equity, debt, or other financial relationship) in a long-term
				care facility or a long-term care service;
B. provides long-term care services,
				including the provision of personnel for long-term care facilities or the
				operation of programs that control services for or residents' access to
				long-term care facilities;
C. has
				governing board members with ownership, investment or employment interest in
				long-term care facilities; or
D.
				has direct involvement in the licensing or certification of a long-term care
				facility or long-term care services.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 19 - LONG TERM CARE OMBUDSMAN › Section 9.2.19.29 - INDIVIDUAL OMBUDSMAN CONFLICTS

Current through Register Vol. 35, No. 13, July 16, 2024
Conflicts for any ombudsman, including the state ombudsman,
				  staff and volunteers, include, but are not limited to, the following:
A. employment of the individual by a
				long-term care facility in the state or by the owner or operator of any
				long-term care facility in the state within one year before the date the
				determination is being made;
B.
				participation in the management of a long-term care facility by the individual
				or a member of his or her immediate family or household within one year before
				the date the determination is being made. For purposes of this paragraph,
				"household" means all persons residing at a single dwelling and contributing to
				the household income;
C. ownership
				or investment interest (represented by equity, debt, or other financial
				relationship) in an existing or proposed long-term care facility or long-term
				care service by the individual or a member of his or her immediate
				family;
D. involvement in the
				licensing or certification of a long-term care facility or provision of a
				long-term care service by the individual or a member of his or her immediate
				family;
E. receipt of remuneration
				(in cash or in kind) under a compensation arrangement with an owner or operator
				of a long-term care facility by the individual or to the individual through a
				member of his or her immediate family;
F. accepting any gifts or gratuities from a
				long-term care facility or resident or resident representative; an ombudsman
				must adequately compensate a facility for food provided by the facility with
				the exception of courtesy beverages and sample portions of food tested as part
				of an investigative process;
G.
				accepting money or any other consideration from anyone other than the provider
				agency or other entity designated by the office for the performance of an act
				in the regular course of an ombudsman's duties;
H. having management responsibility for, or
				operating under the supervision of an individual with management responsibility
				for, adult protective services;
I.
				serving as a surrogate decision maker or in another fiduciary capacity for
				residents of long-term care facilities in an official capacity (as opposed to
				serving as a guardian or fiduciary for a family member, in a personal
				capacity);
J. provision of services
				with conflicting responsibilities while serving as an ombudsman; or
K. otherwise participating in activities
				which negatively impact on the ability of the ombudsman to serve residents, or
				are likely to create a perception that the ombudsman's primary interest is
				other than as a resident advocate.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 19 - LONG TERM CARE OMBUDSMAN › Section 9.2.19.30 - EXCEPTION FOR PUBLICLY TRADED POOLED INVESTMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Notwithstanding the foregoing provisions of Section
				  9.2.19.31 NMAC, ownership of shares
				  in a mutual fund or other publicly traded pooled investment fund whose assets
				  may include publicly traded securities of long-term care facilities or service
				  organizations shall not generally constitute a conflict of interest, unless the
				  investments of such fund is limited to such facilities or service
				  organizations, or such investments normally form a large percentage of such
				  fund.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 19 - LONG TERM CARE OMBUDSMAN › Section 9.2.19.31 - REPORTING POTENTIAL CONFLICT

Current through Register Vol. 35, No. 13, July 16, 2024
A. All
				ombudsmen and agents of the AAAs, provider agencies and private non-profit
				organizations shall notify the department's cabinet secretary of any actual or
				potential conflict of interest within the program of which they have
				knowledge.
B. The state ombudsman
				shall determine whether the situation rises to the level of a conflict and, if
				so, whether appropriate actions must be taken to sufficiently remedy the
				conflict. A conflict can be sufficiently remedied only where the existence of
				the conflict does not interfere with any duties of the program, and where the
				conflict is not likely to alter the perception of the program as an independent
				advocate for residents.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 19 - LONG TERM CARE OMBUDSMAN › Section 9.2.19.32 - REMEDYING ORGANIZATIONAL CONFLICT

Current through Register Vol. 35, No. 13, July 16, 2024
A. An
				organization (with the exception of the department, which steps for remedying
				any perceived conflict are set forth in Section
				9.2.19.28 NMAC) within which the
				conflict has been identified shall submit to the state ombudsman a written
				remedial plan within 30 calendar days of identification of the conflict to the
				office. The remedial plan must identify the conflict and provide assurances
				that minimize to the greatest extent possible the negative impact of the
				conflict on the program. Examples of such assurances may include:
(1) the program will investigate complaints
				in an unbiased manner and independently determine actions to be taken in their
				resolution; or
(2) no provider
				agency employee or governing board member with a conflict of interest will be
				involved with or influence any decision to hire or terminate the employment of
				an ombudsman;
(3) governing board
				members of the provider agency, AAA or private non-profit entity who have a
				conflict of interest:
(a) must disclose the
				conflict to the governing board and to the state ombudsman;
(b) May have no involvement with ombudsman
				activities concerning the entity which is the source of the conflict;
				and
(c) must abstain from voting on
				issues related to the operation of the program.
(4) the provider agency's policies and
				procedures adequately set forth procedures to remedy conflicts of interest and
				ensure that the ombudsmen fulfill their duties without interference;
(5) a memorandum of agreement exists between
				the program and another program which provides services with conflicting
				responsibilities. Such a memorandum must adequately set forth the roles,
				responsibilities, and appropriate working relationships of the respective
				programs.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 19 - LONG TERM CARE OMBUDSMAN › Section 9.2.19.33 - REMEDYING INDIVIDUAL OMBUDSMAN CONFLICTS

Current through Register Vol. 35, No. 13, July 16, 2024
Where individual conflicts have been identified, the
				  following steps shall be taken where the conflict may be sufficiently
				  remedied:
A. Where the individual is
				an applicant for certification as an ombudsman, a written plan shall be
				developed, submitted to the state ombudsman and agreed upon before the
				individual takes any actions on behalf of the program.
B. Where the individual is already an
				ombudsman, a written plan shall be developed, submitted to the state ombudsman
				and agreed upon within 30 calendar days of identification of the conflict to
				the state ombudsman.
C. The
				remedial plan must identify the conflict and provide assurances to minimize to
				the greatest extent possible the negative impact of the conflict on the
				program, which may include a prohibition of the ombudsman with a conflict of
				interest from serving the residents of the facility with which he or she has a
				conflict and arranging for another ombudsman to serve those residents. Where
				appropriate, this arrangement may be time-limited.
D. The remedial plan must be mutually agreed
				upon and signed by the ombudsman or applicant with the conflict of interest,
				and the state ombudsman.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 19 - LONG TERM CARE OMBUDSMAN › Section 9.2.19.34 - PROCEDURES TO AVOID CONFLICTS OF INTEREST

Current through Register Vol. 35, No. 13, July 16, 2024
A. All persons seeking certification as
				ombudsman shall disclose to state ombudsman all information relevant to past
				employment, membership, or interests that may affect, or could reasonably be
				expected to affect, that individual's ability to carry out duties of an
				ombudsman without conflicting interest.
B. In order to avoid confusion and possible
				conflicts between the program and other department personnel in communicating
				with the press, broadcast media and other public media, the state ombudsman or
				his or her representative are encouraged to apprise and summarize the intended
				communication for the cabinet secretary or public information officer prior to
				any such communication or other dissemination or release of public information
				from or concerning the program, provided that neither the cabinet secretary nor
				public information officer has an individual conflict, as set forth,
				above.