TITLE
9 HUMAN RIGHTS
CHAPTER
2 AGE
PART
6 AREA AGENCY ON AGING
REQUIREMENTS
9.2.6.1 ISSUING AGENCY: New Mexico Aging and Long Term Services Department
(NMALTSD)
[9.2.6.1
NMAC - Rp, SAA Rule No. 95-6.1, 6/30/2015]
9.2.6.2 SCOPE: 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.
[9.2.6.2
NMAC - Rp, SAA Rule No. 95-6,.2
6/30/2015]
9.2.6.3 STATUTORY AUTHORITY: 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.
[9.2.6.3
NMAC - Rp, SAA Rule No. 95-6.3, 6/30/2015]
9.2.6.4 DURATION: Permanent.
[9.2.6.4
NMAC - Rp, SAA Rule No. 95-6.4, 6/30/2015]
9.2.6.5 EFFECTIVE DATE: June 30, 2015, unless a later date is cited
at the end of a section.
[9.2.6.5
NMAC - Rp, SAA Rule No. 95-6.5, 6/30/2015]
9.2.6.6 OBJECTIVE: 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.
[9.2.6.6
NMAC - Rp, SAA Rule No. 95-6.6, 6/30/2015]
9.2.6.7 DEFINITIONS: See 9.2.1.7 NMAC for definitions.
[9.2.6.7
NMAC - Rp, SAA Rule No. 95-6.7, 6/30/2015]
9.2.6.8 LEGAL REFERENCES: [RESERVED]
[9.2.6.8
NMAC - Rp, SAA Rule No. 95-6.8, 6/30/2015]
9.2.6.9 AREA AGENCY ON AGING
STRUCTURE: 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 selection of
its director.
[9.2.6.9
NMAC - Rp, SAA Rule No. 95-6.9, 6/30/2015]
9.2.6.10 AREA AGENCY ON AGING
RESPONSIBILITIES:
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.
C. Plan and develop
collaborative linkages; share information;
monitor and evaluate services; and lead the development of comprehensive and
coordinated community-based systems.
D. Conduct periodic
public hearings on the effectiveness of services and the needs of older adults
in the area.
E. Furnish
appropriate training and technical assistance to providers of services in the
area.
F. Develop and
submit an area plan to the department, according to guidelines issued by the
department, for the department’s approval, covering each planning and service
area administered.
G. Establish and
support an advisory council.
(1) The
advisory council membership shall include individuals and representatives of
community organizations who will help to enhance the leadership role of the
area agency on aging in developing community-based systems of services. The advisory committee shall be made up of;
(a) persons sixty
(60) years of age or older, including minority individuals and those with
greatest economic or social needs, and clients of services funded by the area
agency on aging (this group shall comprise more than fifty percent (50%) of the
advisory council);
(b) representatives of older persons;
(c) representatives of health care provider organizations,
including providers of veterans’ health care (if appropriate);
(d) representatives of supportive services provider
organizations;
(e) persons with leadership experience in the private and
voluntary sectors;
(f) local elected officials;
(g) the general public; and
(h) additional membership as determined by the area agency on
aging.
(2) The advisory council responsibilities
shall include advising the area agency on aging relative to:
(a) all matters relating to the development and administration
of the area plan;
(b) conducting public hearings;
(c) representing the interest of older persons;
(d) community policies, programs and actions affecting older
persons with the intent of assuring maximum coordination and responsiveness to
older persons;
(e) service provision and assisting in evaluation of such;
(f) policies, programs and actions representing the interests of
older persons and encouraging the involvement of older persons.
(3) The
advisory council shall develop, implement and
make public bylaws governing at least the following:
(a) the role and functions of the advisory council;
(b) the number and characteristics of membership;
(c) the procedures for membership selection; and
(d) the procedures for the conduct of the advisory council’s
business and activities, including preventing conflicts of interest.
(4) The
advisory council shall review and comment upon the area plan and amendments
before transmittal to the department for approval.
H. Determine the
extent of need for supportive services, nutrition services and multipurpose
senior centers, evaluate the effectiveness of resources to meet such need and
enter into agreements with providers of services
to meet the need.
I. Collaborate
with public and private entities, including adult protective services, involved
in the prevention, identification and treatment of abuse, neglect and
exploitation of older adults.
J. Comply with the
requirements of its contract with the department.
K. Set objectives
for providing services to older adults with the
greatest economic or social needs, including minority adults with low-incomes,
and older adults residing in rural and frontier areas.
L. Set objectives
for providing services to caregivers of older adults and older adult caregivers.
M. Identify and reach populations in
need and inform them of the availability of assistance.
N. If there is a population of older
Native American Indians in the service area, conduct outreach activities to
identify those individuals and inform them of the availability of assistance.
O. Establish
a grievance procedure for persons who are dissatisfied with or denied services.
P. List the
telephone number of the area agency on aging in each telephone directory
published in its service area(s).
Q. Coordinate
planning and delivery of transportation services (including the purchase of
vehicles) to assist older adults in the service area(s).
R. Operate in an
ethical and professional manner at all times, including in the development of
policies and procedures.
S. Establish
financial management systems in accordance with federal and state requirements.
T. Implement a budget
and systematic contracting process.
U. Respond, within
established deadlines, to requests by the department to implement specific
corrective action as may be required; and.
V. Collaborate with the foster
grandparent, senior companion, and retired senior volunteer programs; the State
health insurance program (SHIP); long-term care ombudsmen;
and the aging and disability resource center.
[9.2.6.10
NMAC - Rp, SAA Rule No. 95-6.10, 6/30/2015]
9.2.6.11 WITHDRAWAL
OF AREA AGENCY ON AGING DESIGNATION:
If the department determines that
an area agency on aging has not made progress to correct any identified
deficiency(ies), the department may initiate the withdrawal of designation process,
pursuant to 9.2.7 NMAC and 45 C.F.R. Section
1321.35.
[9.2.6.11
NMAC - Rp, SAA Rule No. 95-6.11, 6/30/2015]
HISTORY
OF 9.2.6 NMAC:
Pre-NMAC History: The material in this part was derived from
that previously filed with the State Records Center:
SAA
Rule No. 95-6, Area Agency on Aging Requirements, filed 4/13/1995.
History of
Repealed Material:
SAA
Rule No. 95-6, (filed 4/13/1995) - Repealed 6/30/2015.