New Mexico Administrative Code

A. The objective of general assistance is to provide financial assistance to dependent needy children and disabled adults who are not eligible for assistance under a federally matched financial assistance program such as New Mexico works (NMW) or the federal program of supplement…

[Reserved]

A. There is a continuing responsibility on the part of both the recipient and the caseworker to make sure that benefits paid to the benefit group correctly reflect the benefit group's circumstances for the certification period. B. A change is considered reported on the date the r…

If, during a certification period, a change occurs that affects eligibility or benefit amount, the caseworker shall take action to adjust the benefit group's eligibility or benefit amount. A. Action on changes: When a benefit group reports a change, the caseworker must take actio…

New Mexico Health Care Authority.

If the benefit is not used by the end of the federal fiscal year that the benefits was issued, September 30, the benefit will be recouped from the participants EBT card and placed back into the state general fund.

This rule applies to the general public.

New Mexico Statutes Annotated 1978 (Chapter 27, Articles 1 and 2) authorize the state to administer the aid to families with dependent children (AFDC), general assistance (GA), shelter care supplement, the burial assistance programs and such other public welfare functions as may …

Permanent.

March 1, 2025, unless a later date is cited at the end of a section.

The objective of the New Mexico heat and eat program is to provide households with a cash payment to assist with energy expenses to households that do not pay heating or cooling expenses and do not receive LIHEAP but have an identifiable shelter cost. Payments are credited to rec…

Benefits shall be processed annually at the beginning of the federal fiscal year dependent on the availability of funding. A. Limited to current SNAP recipients: no application is neededfor an individual or groups of individuals who reside together that do not pay separate heatin…

A. Effective date: At the beginning of every federal fiscal year, October 1, a one-time energy assistance cash payment will be issued to eligible households as defined in Subsection A of 8.106.631.9 NMAC. B. Benefit issuance: Heat and Eat benefits are issued through a direct depo…

Aging and Long-Term Services Department - Adult Protective Services Division.

An investigation may be terminated at the request of the referred adult after a determination is made by the adult protective services investigator, in consultation with the adult protective services supervisor, that the alleged victim appears to have the "ability to consent" and…

If, during the course of an investigation, the department determines that an adult who is incapacitated is in need of services, the department may provide short-term services using the least restrictive intervention necessary, with the consent of the person or surrogate decision …

The department is responsible for providing the public the means for making referrals at all times. Every appropriate referral is assigned to an adult protective services investigator for investigation in a reasonable time frame determined by the department. Upon receipt of a ref…

In accordance with department procedures, every case accepted by adult protective services shall be initiated, investigated, assessed, documented and staffed pursuant to this part. A determination of "substantiated" or "unsubstantiated" shall be made and, when appropriate, servic…

Investigations completed by the department are confidential and are only released as allowed for by NMSA 1978 section 27-7-9. The department cooperates with the domestic violence homicide review team through the New Mexico Crime Reparations Act to the extent allowed by law. Durin…

A. The department shall notify the alleged victim and the alleged perpetrator that an investigation has been initiated and that notification shall be documented in the case notes. The department has the option of notifying the reporting person if the case has been accepted or not…

A. An aggrieved person may request an administrative review of a decision made by the division regarding a substantiation of abuse, neglect or exploitation in accordance with the provisions set forth in this section. Administrative reviews are not available on any action that is …

The department abides by all the terms of the aging and long-term services department Employee Abuse Registry, 8.11.6 NMAC and the department of health Employee Abuse Registry 7.1.12 NMAC.

Adult protective services employees and the general public.

Adult Protective Services Act, Section 27-7-1 et seq. NMSA 1978, as amended; Public Health Act, Section 24-1-5 L, as amended; Employee Abuse Registry Act, Section 27-7A-1 et seq. NMSA 2005; Uniform Health-Care Decisions Act, Section 27-7A-1 et seq. NMSA 1995, as amended; Resident…

Permanent.

June 1, 2010, unless a later date is cited at the end of a section.

To establish guidelines for the provision of adult protective services investigations.

A. "Ability to consent" means an adult's ability to understand and appreciate the nature and consequences of proposed protective services or protective placement, including benefits, risks and alternatives to the proposed services or placement and to make or communicate an inform…

The adult protective services investigation collects and assesses information related to the following: A. whether the incident(s) of adult abuse, neglect or exploitation more likely than not occurred; B. whether the adult remains at risk for continuing abuse, neglect or exploita…

The department shall investigate allegations of abuse, neglect or exploitation of incapacitated adults by an individual, program or care facility without regard to family income. Services provided by adult protective services are intended for incapacitated adults. Only citizens a…

Aging and Long-Term Services Department - Adult Protective Services Division.

A. Any adult who is not determined to be decisionally incapacitated may refuse services. B. The department determines eligibility for specific services based on client need, client income and the availability of resources and available funding for each type of service under this …

A. The department provides short term case management of adult services. B. The department conducts, and documents, at least quarterly, face-to-face visits with adults receiving home and attendant care services. C. The department utilizes staffings and supervisory conferences to …

A. The department develops a written individualized service plan for each adult receiving services. B. The department develops a service plan within 30 days of the dispositional staffing in which an APS supervisor and worker discuss the applicability of adult services to the clie…

A. Any adult who has been or is at continued risk of being abused, neglected or exploited may be eligible to receive emergency shelter/caregiver services if he or she requires a protected environment to maintain health and safety. (1) Emergency shelter/caregiver services are prov…

A. Home care services may be provided or terminated by the department as resources and funding allows. B. Any incapacitated adult who is substantiated for abuse, neglect or exploitation may be eligible for home care. On occasion, an incapacitated adult, who is not substantiated f…

A. Attendant care may be provided by the department as resources and funding allows. B. Attendant care is non-medical personal care provided to a functionally impaired adult in their own home by a caregiver. An adult who is substantiated for or is at imminent risk of abuse, negle…

A. Any incapacitated adult who has been substantiated for or is at risk of abuse, neglect or exploitation may be eligible for adult day care if adult day care will reduce the likelihood of future abuse, neglect or exploitation. (1) the adult must meet the institutional medicaid i…

A. The department or contract provider documents case work activities and maintains records concerning services provided to all individuals receiving adult services. B. The records created and maintained by the department or by the contract provider on behalf of the department ar…

The department will provide an informational administrative review of its decision to deny, modify or terminate the adult's services. The aggrieved party must request a review in writing to the adult protective services division director within 15 days of receiving notice of the …

A. If services are modified or terminated prior to the expiration date of the service plan and an administrative review has not resolved the matter, the aggrieved party may submit a written appeal of the administrative reviewer's decision to the secretary within 15 calendar days …

Protective services employees and contract providers and the general public.

A. Upon receipt of the request for administrative hearing, the hearing officer shall establish an official record which contains all the filed notices, pleadings, briefs, recommendations, correspondence, documents and decisions. B. No person may discuss the merits of any pending …

A. Failure of a party to appear on the date and time set for the hearing, without good cause shown, constitutes default and the hearing officer shall so notify the parties in writing and enter a default judgment against the party. B. The hearing is open to the public unless the h…

A. The hearing officer may require or permit written closing post-hearing briefs and proposed findings of facts and conclusions of law. B. The hearing officer shall submit a recommended decision to the secretary as soon as practicable, but no later that 20 working days after the …

Adult Protective Services Act, Section 27-7-15 et seq. NMSA 1978, as amended; Public Health Act, Section 24-1-5 L NMSA 1978, as amended; Probate Code, Section 45-5-301 et seq. NMSA 1978, as amended; Resident Abuse and Neglect Act, Section 30-47-1 et seq. NMSA 1978, as amended, an…

Permanent.

March 1, 2012, unless a later date is cited at the end of a section.

To establish guidelines for the provision of adult services by the department that are consistent with statutory authority and legal mandates.