New Mexico Administrative Code

Aging and Long-Term Services Department.

A. Rate and fee increases based on cost of care increases for providing medical care or health-related supportive services to an individual resident shall be governed by any applicable terms of the continuing care contract. If there are no applicable terms, such rate and fee incr…

A. A continuing care community shall base rate or fee increases on four years of historical data plus current fiscal year projections. However, the community may consider a deviation from historical data when exigent circumstances exist making the historical data inapplicable to …

A. A reasonable return on investment shall be determined by comparing the continuing care community's historical and current return on investment data to secondary market interest rate data published by the federal reserve board for 90-day United States treasury bills. B. A retur…

A continuing care community shall base rate or fee increases on accounting data that is specific to the community. A continuing care community shall not base rate or fee increases on companywide data, statewide data, nationwide data, or any other accounting data that is not commu…

This rule shall not abrogate any provision relating to rate and fee increases in a continuing care contract that is entered into prior to the effective date of this rule.

A. Liquid Reserves: (1) A community must maintain liquid reserves and the provider must disclose this information to ALTSD, and actual and prospective residents in its annual disclosure statement. (2) The liquid reserves shall be sufficient to assure payment of debt obligations a…

A. Annual Disclosure Statement to ALTSD: (1) No later than July 1, 2022, and each year thereafter, within 180 days after the end of a community's fiscal year, a provider shall submit a disclosure statement, any amendments to that statement, and any proposed corrective action plan…

A. Continuing care communities that provide type A or type B agreements shall include in their annual disclosure to ALTSD, as well as to actual and prospective residents, a summary of a comprehensive actuarial analysis within the last five years and an annual future-service oblig…

A. ALTSD shall review disclosure statements and corrective action plans filed pursuant to the Continuing Care Act for compliance with the Act and with these rules. After its initial review, if ALTSD has any questions regarding the submissions, then it may contact the provider to …

This rule applies to for-profit and nonprofit continuing care communities, and the general public.

This rule is adopted by authority of the secretary pursuant to Subsection E of Section 9-23-6 NMSA 1978, by authority of the Continuing Care Act, Sections 24-17-1 through 24-17-18 NMSA 1978, and by authority of the department pursuant to Subsection B of Section 28-4-6 NMSA 1978.

Permanent.

July 26, 2022, unless a later date is cited in the history note at the end of a section.

This rule is promulgated for the purpose of administering certain provisions of the Continuing Care Act, Sections 24-17-1 through 24-17-18 NMSA 1978, and for establishing the terms and conditions under which continuing care communities may increase the rates and fees they charge …

The following terms are used in this rule: A. "affiliate" means a person (which is defined by the Continuing Care Act as an individual, corporation, partnership, trust, association or other legal entity) having a five percent or greater interest in a provider; B. "ALTSD" means th…

A. A continuing care contract shall state, in clear and understandable language, when rates and fees will be subject to periodic increases and what the policy for increases will be. The contract shall include the policy for increases and shall clearly indicate which of the four f…

A. A continuing care community shall identify with reasonable specificity all costs of operating the continuing care community, including any fees paid to affiliated persons or entities. B. Any unreasonable cost of operating the continuing care community shall be charged against …

New Mexico Aging and Long Term Services Department (NMALTSD)

Eligibility for programs funded solely with state funds are as follows: A. Except where otherwise noted, the following may be deemed eligible for state-funded services provided under contract with the department:(1) Persons age fifty (50) or older; (2) Spouses (of any age) of per…

A. The Older Americans Act establishes requirements for voluntary contributions. Each older person who receives Older Americans Act-funded services shall be provided an opportunity to voluntarily contribute to the cost of services rendered. B. Area agencies on aging and other pro…

A. In making application to apply cost sharing to services, area agencies on aging and providers must consider the intent of the Older Americans Act to serve targeted populations and must ensure that the application of cost sharing will not prevent the provision of services to lo…

Preference shall be given to serving those older individuals with the greatest social or economic need, with particular attention to low-income minorities.

Eligibility requirements are: A. an individual must be 55 years of age or older; no person is ineligible solely for reasons of advanced age and no upper age limitation may be used; B. an individual's income must be at or below one hundred twenty-five percent (125%) of the poverty…

Eligibility for OAA Title VI programs partially funded with state funds shall follow OAA Title VI eligibility guidelines.

To be eligible for Title VII services an individual must be 60 years of age.

Eligibility for programs funded solely with state funds are as follows: A. Health insurance and benefits assistance corps (HIBAC). Eligibility is the same as that for OAA Title III programs. B. Guardianship/conservatorship/money management program. All adults (age 18 or older) in…

Payment for services shall not be a condition for participation in any services funded with Older Americans Act funding. A. Programs must provide each eligible participant with an opportunity to contribute, voluntarily and free from pressure, toward the cost of any provided servi…

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, 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.

Except as otherwise provided, eligibility for federally-funded supportive services, nutrition services, caregiver services, legal services, long-term care ombudsman services, employment services, and other services funded by the Older Americans Act shall be pursuant to the Older …

Except as otherwise provided, eligibility for federally-funded foster grandparent, senior companion, and retired senior volunteer programs shall be pursuant to Title II, Part B, of the Domestic Volunteer Service Act of 1973, 42 U.S.C. Sections 4950 to 5028; 45 C.F.R. Sections 255…

New Mexico Aging and Long Term Services Department (NMALTSD)

The department may designate "federally recognized" planning and service areas under the auspices of the Older Americans Act and may designate "non-federally recognized" planning and service areas under state authority. Non-federally recognized planning and service areas may dupl…

The department shall divide the state into distinct planning and service areas, considering the following criteria: A. Geographical distribution of older individuals in the state; B. Incidence of the need for supportive services, nutrition services, multipurpose senior centers, l…

A. Non-department initiated:(1) Any unit of general purpose local government, region within a state recognized for area wide planning, metropolitan area, or Indian tribe may make application to the department to be designated as a planning and service area. (2) The aging network …

The secretary of the aging and long-term services department shall approve or disapprove any application.

All PSA designations for purposes of distribution of federal funds must be further approved by the U.S. administration on aging.

A. An applicant for PSA designation whose application the department has denied or a PSA whose designation the department has decided to revoke may appeal pursuant to the procedures set forth in section 9.2.11 NMAC. B. Any applicant for "federally recognized" PSA designation whos…

A. The designated PSAs are posted to the department's website. B. All designation approvals shall be maintained in the appropriate department records.

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.