New Mexico Administrative Code

Existing intrastate planning and service areas (PSAs) shall continue to be designated unless: A. There is demonstrated evidence that designation of an existing PSA is inconsistent with the purpose of the rules and regulations issued pursuant to the Older Americans Act; or B. The …

New Mexico Aging & Long Term Services Department (NMALTSD).

The department may designate federally recognized AAAs under the auspices of the Older Americans Act, or may designate non-federally recognized AAAs under state authority. Non-federally recognized AAAs shall be established and shall operate under the same rules as federally recog…

A. An AAA may be any of the following: (1) An established aging organization which operates in a PSA; (2) Any office or agency designated by the chief elected officials of a unit of general purpose local government to function only as an AAA; (3) Any office or agency designated b…

A. When it is necessary to solicit applications for area agency on aging designation pursuant to 9.2.5.9 NMAC, the department shall provide public notice of the need to solicit applications for designation and the process by which an entity can apply for such designation. B. The …

Any unsolicited application for AAA designation which, if approved, would result in the replacement of a formally designated area agency on aging or substantially impact the aging network within the PSA involved, must include: A. Written indication of support, by resolution, of s…

The department shall review each application for completeness and ability to meet the necessary requirements of designation. The entity being considered for AAA designation shall provide an opportunity for on-site review and assessment by the department to ensure that said entity…

The department will designate an AAA to administer each PSA for which the department allocates funds under Title III of the Older Americans Act, supplemental state funds, or both. When designating a new AAA, the department shall give right of first refusal to unit(s) of general p…

Applicants who have been denied designation may appeal as provided in 9.2.11 NMAC.

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

Applicants who have been denied designation may appeal as provided in SAA Rule No. 95-11 [now 9.2.11 NMAC].

The designated AAAs are: A. PSA 1: city of Albuquerque; B. PSA 2: north central New Mexico economic development district; C. PSA 3: eastern New Mexico area agency on aging, inc.; D. PSA 4: southwest New Mexico area agency on aging, inc.; E. PSA 5: the Navajo nation; and F. PSA 6:…

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.

Applications for designation as an area agency on aging (AAA), under the Older Americans Act, must be solicited by the department when a new planning and service area (PSA) has been designated, or when an existing AAA has been de-designated, or when an existing AAA has voluntaril…

New Mexico Aging and Long Term Services Department (NMALTSD)

A designated area agency on aging shall: A. Comply, as applicable, with all federal and state statutes, rules and policies. B. Coordinate services for older persons in its planning and service area(s) and serve as an advocate and focal point for older individuals within the area.…

If the department determines that an area agency on aging has not made progress to correct any identified defciency(ies), the department may initiate the withdrawal of designation process, pursuant to 9.2.7 NMAC and 45 C.F.R. Section 1321.35.

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.

An area agency on aging must: A. Administer Older Americans Act and state programs within one (1) or more designated planning and service area; B. Have a full-time, qualified director and adequate qualified staff; and C. Receive approval from the department regarding the selectio…

New Mexico Aging and Long Term Services Department (NMALTSD)

Prior to any de-designation effort the department must provide the area agency on aging with the opportunity to correct any defciency which may be cause for de-designation.

The department shall withdraw an area agency on aging designation whenever the department, for specific documented reasons and after reasonable notice and opportunity for a hearing, as provided in 9.2.11 NMAC, finds that: A. The area agency on aging does not meet the requirements…

If the department contemplates withdrawal of designation of an area agency on aging, the department will notify appropriate individuals and organizations in advance of the contemplated withdrawal and of the reasons which make it necessary. This notification shall be sent by certi…

An area agency on aging shall be notified, by certified mail, return receipt requested, at least ten (10) working days prior to the effective date of its de-designation as an area agency on aging. Such notification shall explain the right of the area agency on aging to appeal suc…

If the department de-designates an area agency on aging, the department shall take the following action: A. The department will notify, by certified mail, return receipt requested, the head of the U.S. Administration on Aging and others as specified in 9.2.7.12 NMAC or as require…

If necessary to ensure continuity of services in a PSA, the state agency may, for a period of up to 180 days, after withdrawing designation of an area agency: A. perform the area agency responsibilities; B. assign the responsibilities of the area agency to another agency in the P…

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.

When an area agency on aging fails to comply with applicable federal or state rules, statutes or codes, or terms of a contract, the department may take action as may be legally available and appropriate to the circumstance.

New Mexico Aging and Long Term Services Department (NMALTSD)

Area agencies on aging that receive federal funding through the department are required to expend an adequate proportion of Older Americans Act Title III, Part B, allotments for each of three categories of services: access services, in-home services, and legal assistance.

A. The department may waive the requirement if:(1) An approved plan is in place to ensure that access services, in-home services, and legal assistance are available throughout the planning and service area(s); or (2) An area agency on aging requests a waiver and documents that ac…