N.M. Admin. Code § 8.11.4.10

Current through Register Vol. 35, No. 21, November 5, 2024

Section 8.11.4.10 - GENERAL PROVISIONS

A. Any adult who is not determined to be decisionally incapacitated may refuse services.

B. The department determines eligibility for specific services based on client need, client income and the availability of resources and available funding for each type of service under this part.

(1) The department assesses and determines the adult's need for services.

(2) Adults who have been determined through a department investigation to have been abused, neglected or exploited and are assessed to continue to be at risk may be eligible to receive services on a short term basis without regard to income, as determined necessary by the department.

(3) Except for emergency shelter/caregiver services, the department utilizes the institutional medicaid income criteria for the determination of financial eligibility for services.

C. The department completes a recertification of income for adult services eligibility on an annual basis.

D. Any denial, modification or termination of adult services may be reviewed by the department pursuant to the administrative review process described in this part.

E. The department coordinates its adult protective services in order to ensure that there is no duplication of like services for the same hours of the same day.

F. Clients receiving APS adult services have the following responsibilities:

(1) assisting with applying for waiver services eligibility, including medicaid and financial eligibility;

(2) reporting on whether he or she needs help; and

(3) appropriately using services paid by state funds.

G. Clients may be terminated from APS services for the following reasons:

(1) moving out of the program service area;

(2) consistently not complying with the service plan and is a person with decision-making capacity;

(3) consistently refusing service or not allowing the agency to enter the home to provide services;

(4) posing a significant risk to self or others;

(5) demonstrating a pattern of verbal or physical abuse of attendants or agency personnel, i.e., use of vulgar or explicit language, verbal or physical sexual harassment, excessive use of force, verbal or physically intimidating threats, and illegal use of narcotics or alcohol abuse;

(6) refusing to provide accurate financial information, providing false information or illegally transferring assets to receive services under this part;

(7) ceasing to meet the financial or non-financial criteria; or

(8) ceasing to meet the level of care criteria.

N.M. Admin. Code § 8.11.4.10

8.11.4.10 NMAC - Rp, 8.11.4.10 NMAC, 3/1/2012