New Mexico Administrative Code

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, th…

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 super…

The organizational placement of the program and the individuals who carry out the duties of the program must be free from conflicts of interest.

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 residen…

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 service…

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 with…

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.

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 c…

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 …

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…

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 …

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 with…

A. Failure on the part of an ombudsman or provider agency to identify and report to the state ombudsman a known conflict of interest shall be sufficient grounds for refusal to designate or for de-designation of the provider agency or for refusal to certify or for de-certification…

Records of the program shall be confidential and may be disclosed only in limited circumstances specifically provided by applicable law and these regulations.

A. All program client records are the property of the office. The state ombudsman or designee shall have access to all program records at all times for any lawful purpose. B. Ombudsmen are permitted access to such records as may be necessary to discharge their responsibilities in…

A. Records maintained by the program may not be released, disclosed, duplicated, or removed to anyone who is not an ombudsman without the written permission of the state ombudsman. All requests made for ombudsman records shall be referred to the state ombudsman or designee. B. Th…

Permanent.

A. Pursuant to 45 CFR 1324.15(j), the department shall ensure that: (1) legal counsel for the program is adequate, available, has competencies relevant to the legal needs of the program and of the residents, and is without conflict of interest, in order to: (a) provide consultati…

A. Chapter 28, Articles 7 and 17 of the NMSA 1978 authorize and direct the department and the office to protect the health, safety, welfare and rights of the aged and other residents of long-term care facilities in this state, to investigate and resolve complaints of such residen…

December 29, 2017 unless a later date is stated at the end of a section.

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 …

A. "Area agency on aging" (AAA) means an agency designated by the department to arrange for the provision of aging services in its planning and service area pursuant to an area plan. B. "Certification" means the designation provided by the state ombudsman to an individual who mee…

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 …

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 publi…

New Mexico Aging and Long Term Services Department (NMALTSD)

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.

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 s…

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.

See 9.2.1.7 NMAC for definitions.

New Mexico Aging and Long Term Services Department (NMALTSD)

This part applies only to intergovernmental agreements with Indian tribal organizations.

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 purpose of this rule is to establish the extent to which the department will reimburse Indian tribal organizations for indirect costs incurred in the performance of intergovernmental agreements.

As used in this part, "indirect cost" means a cost that has been incurred for common or joint purposes and benefits more than one (1) activity, such as an intergovernmental agreement or grant. Indirect costs cannot be readily identified with a particular activity without effort d…

The department shall allow for indirect costs in intergovernmental agreements for services with any Indian tribal organization of up to ten percent (10%) of the total agreement amount, as requested and as determined on a specific basis, provided that the Indian tribal organizatio…

Aging and Long-Term Services Department.

A. Upon determining that there has been a violation of Section 28-17-19 NMSA 1978 and this rule, the state long-term care ombudsman may deliver to the person or entity charged with the violation a notice of civil penalty assessment. The notice shall be delivered in person or by c…

No person or entity that has been issued a civil penalty assessment shall recover or attempt to recover the assessment or any portion of it, directly or indirectly, from any resident of a long-term care facility or from any person, insurer, governmental agency or other entity tha…

This rule applies to the general public.

This rule is adopted pursuant to the terms of 42 U.S.C. Section 3058 g(j), Sections 28 - 4 - 6(B), 28 - 17 - 5 and 28 - 17 - 19 NMSA 1978 and Laws 2004, Ch. 23, Sec. 6(E).