New Mexico Administrative Code

A. An immediate sanction affecting a child care license or registration requires that a hearing is held within five working days of the effective date of the immediate sanction as noticed in the immediate sanction order and notice of hearing unless, no later than 24 hours prior t…

A. Notice of a hearing is made by certified mail with return receipt requested at least 14 calendar days prior to the hearing unless prior agreement of the time and manner of the hearing has been agreed to in the pre-hearing order or otherwise agreed to by the parties and the hea…

A. The hearing officer may require or permit written closing arguments, post-hearing briefs and proposed findings of facts and conclusions of law according to a scheduling order issued by the hearing officer. If case law is cited, a copy of the case will be provided to the hearin…

A. An appeal of final decisions by the secretary must be made to the appropriate district court pursuant to Rules 1-074 or 1-075, NMRA. B. The hearing officer or hearing office administrator is responsible for creating the record proper. C. All exhibits admitted into evidence, or…

Any bidder or offer or that falls within the scope and authority of the Procurement Code will have the right to protest as provided in 1 NMAC 5-2-80 through 5-2-93.

Department staff and the general public.

Subsection D of 9-2A-7 NMSA 1978 provides that the secretary may make and adopt such reasonable procedural rules and regulations as may be necessary to carry out the duties of the department and its divisions.

Permanent.

March 15, 2016, unless a later date is cited at the end of a section.

The objective of this rule is to implement the department's policy on administrative appeals hearings consistent with federal and state constitutions and laws.

A. "Administrative hearing" means the process to address appeals, protests, and disputes dealing with substantiations of abuse and neglect, licensing, certification, procurement, contracts, termination or modification of existing services, or any other action that warrants the co…

A. All administrative hearings are conducted by a hearing officer appointed by the secretary or his/her designee. The hearing officer may be assisted by a hearing office administrator in completing mailings, notices of hearings, subpoenas, and other administrative tasks. B. Quali…

A. Within five business days of receipt of the request for administrative hearing, the division director, or his/her designee, submits a memorandum of information to the hearing office, with a copy of the notice of contemplated action, cease and desist order, or emergency suspens…

Children, Youth and Families Department.

The Health Insurance Portability and Accountability Act of 1996 and children, youth and families department policies, 8.8.5.1 through 8.8.5.20 NMAC, provide that individuals have certain rights with respect to their protected health information. Any requests to avail themselves o…

A. The department uses PHI for purposes of treatment, payment, and health care operations and as required by law. Written authorization is not required for these uses. B. Any request for, or need to use, PHI for any purpose other than those specified in paragraph A of this sectio…

The department generally recognizes the legal authority of a personal representative to act on behalf of an individual. However, the department will decline to treat a person as a personal representative in the following circumstances: A. The person does not present sufficient do…

The department may use PHI to create de-identified information for purposes such as research, quality control and reporting to various federal and state agencies. Health information that does not identify an individual is not individually identifiable health information as define…

The department takes reasonable precautions to safeguard PHI from any intentional or unintentional use or disclosure that would violate the provisions of HIPAA.

A. The department provides HIPAA training to all covered workforce within a reasonable period of time after initial employment and will provide notice and training, if necessary, of material changes in HIPAA policies and procedures within a reasonable time after the change occurs…

The department mitigates, to the extent practicable, any harmful effect known to the department resulting from a use or disclosure of PHI in violation of this policy or the requirements of HIPAA by the department or its business associates. Measures taken will depend on individua…

The department retains certain documents for six years from the date of creation or the date the document was last in effect, whichever is later, as provided in 45 CFR Section 164.500 et seq.

The department does not require individuals to waive their rights to complain to the secretary of the United States health and human services department or any other rights under 45 CFR Part 164 Subpart E as a condition of the provision of treatment, payment, enrollment in a heal…

The department will develop all procedures, guidelines and protocols necessary to implement these policies.

Department staff and the general public.

Section 9-2A-7(D) NMSA 1978 provides that the secretary of the children, youth and families department (the department) may make and adopt such reasonable procedural rules and regulations as may be necessary to carry out the duties of the department and its divisions. The secreta…

Permanent.

April 30, 2003.

The objective of this rule is to implement the department's policy in compliance with privacy related requirements of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and accompanying regulations, 45 CFR Part 164, Subpart E.

A. "Citizen review board" means a body appointed pursuant to 32A-8-1 et seq. NMSA 1978 to review dispositional children's court orders and the department's progress report and to submit its own reports to the court. B. "Court appointed special advocate" means a person appointed b…

The secretary designates a privacy officer who is responsible for the development and implementation of the department's policies and procedures providing for compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and who is responsible for receiv…

A. Persons receiving covered health care or health-related services from the department receive written or electronic notice of the department's privacy practices for Protected Health Information (PHI) in accordance with 45 CFR Section 164.520. B. Notice is provided no later than…

New Mexico Children, Youth and Families Department.

The department shall approve DVOTI programs that include the following criteria and features: A. an initial assessment to determine if the domestic violence offender will benefit from participation in the program and a policy in place for notification to the court if a determinat…

A. Application packets for inclusion in the annual approved DVOTI program list will be available from the department. Providers must submit a completed application packet for inclusion in the approved DVOTI program list. B. The application process for inclusion in the annual appr…

A. Applications shall be evaluated for approval by the department. B. The evaluation process may include a component based upon prior years' performance, and whether or not concerns from prior years have been satisfactorily addressed and corrected. C. The evaluation process may i…

A. DVOTI program applicants shall be notified by the department whether they have been selected for inclusion on the annual approved DVOTI program list. If the provider is not selected, the notification shall state the reasons for non-selection. B. A DVOTI program whose applicati…

A. The department shall distribute the approved DVOTI program list annually on or about January 1, to sentencing courts, public defenders, district attorneys, DVOTI providers, and other interested parties. B. The department shall promptly update the approved DVOTI program list to…

A. Approved DVOTI programs are to provide domestic violence offender treatment or intervention in accordance with the rule. Court orders should specify that the domestic violence offender complete the approved DVOTI program. B. If the approved DVOTI program assesses that alternat…

A. The department shall conduct ongoing monitoring of approved DVOTI programs. B. Approved DVOTI programs must allow the department to conduct site visits during regular business hours, to determine compliance with approved criteria. C. The department shall establish a schedule b…

A. Programs may be removed from the approved DVOTI provider list upon a determination by the department that: (1) the program is not providing the services substantially as described in its approved application for inclusion in the annual approved DVOTI provider list; (2) the pro…

Renewal shall not be automatic from year to year. Each approved DVOTI program must submit an annual application packet and data report, which may be obtained from the department.

General public, providers of domestic violence offender treatment or intervention programs, persons convicted of domestic violence, courts, and attorneys.

NMSA 1978 Sections 30-3-15 and 30-3-16(2007).

Permanent.

May 29, 2009, unless a later date is cited at the end of a section.

The objective of Chapter 8, Part 7 is to establish the manner in which the department will approve programs to provide court-ordered domestic violence offender treatment or intervention, and will identify approved programs to court personnel.

A. "Approved DVOTI program list" means the list compiled by the department consisting of approved DVOTI programs for use by New Mexico courts in ordering domestic violence offenders to complete domestic violence offender treatment or intervention pursuant to NMSA 1978 Sections 30…

A. Approval is based upon the provider's submission of a formal application to the department, demonstrating the operation of a functioning program that uses evidence-based techniques and effectively serve the target population. B. In granting approval for the list, the departmen…

A. The department shall compile a list of approved DVOTI programs to be distributed to sentencing tribunals annually on or about January 1. B. DVOTI providers that wish to be included in the approved DVOTI program list must comply with the application and renewal procedures set f…