New Mexico Administrative Code

The retired senior volunteer program (RSVP) provides contracts to qualified organizations and local and tribal governments for the dual purposes of engaging older individuals in volunteer service to meet critical community needs and of providing high quality experiences that will…

Domestic Volunteer Service Act of 1973, 42 U.S.C. Sections 4950 to 5085; 42 U.S.C. Section 12651; Retired Senior Volunteer Program, 45 C.F.R. Section 2553.

A. The department adopts the most current corporation for national and community service (CNCS) retired senior volunteer program handbook as the operating rules and procedures with which state-funded retired senior volunteer programs must comply. B. Eligibility for state-funded r…

New Mexico Aging and Long Term Services Department (NMALTSD)

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, publi…

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 eval…

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 provi…

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…

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…

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.

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.

Permanent.

June 30, 2015, unless a later date is cited at the end of a section.

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.

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 publi…

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 us…

New Mexico Aging and Long-Term Services Department (NMALTSD)

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 s…

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 …

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 st…

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…

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 applic…

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 in…

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 Tit…

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 requireme…

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.

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.

Permanent.

June 30, 2015, unless a later date is cited at the end of a section.

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.

The following words and terms, when used in this part, shall have the following meanings: A. "Congregate meals" are meals provided to eligible individuals in a group setting and which must meet recommended dietary allowance requirements and comply with dietary reference intake st…

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, …

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 p…

New Mexico Aging and Long-Term Services Department.

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…

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…

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.

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.

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 facilit…

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 conflic…

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 …

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 a…

A. Adhere to the rules of confidentiality and propriety set forth in these regulations and in the resource manual for new volunteer training, if applicable. B. Protect access to ombudsman records, in accordance with Sections 9.2.19.36 NMAC through 9.2.19.38 NMAC of this rule. C. …

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 federa…