Current through Register Vol. 35, No. 20, October 22, 2024
Section 8.308.12.13 - COVERED SERVICES IN AGENCY BASED COMMUNITY BENEFIT (ABCB)A. Adult day health: adult day health services provide structured therapeutic, social and rehabilitative services designed to meet the specific needs and interests of a member that are incorporated into the member's care plan. (1) Adult day health services are provided by a licensed community-based adult day-care facility that offers health and social services to assist a member to achieve his or her optimal functioning.(2) Private duty nursing services and skilled maintenance therapies (physical, occupational and speech) may be provided within the adult day health setting and in conjunction with adult day health services but are reimbursed separately from adult day health services.(3) Adult day health settings must be integrated and support full access of individuals receiving medicaid home and community-based services (HCBS) to the greater community, engage in community life, control personal resources, and receive services in the community, to the same degree of access as individuals not receiving medicaid HCBS.B. Assisted living is a residential service that provides a homelike environment, which may be in a group setting, with individualized services designed to respond to the member's needs as identified and incorporated in the care plan.(1) Core services are a broad range of activities of daily living (ADL) including: personal support services (homemaker, chore, attendant services, meal preparation); companion services; medication oversight (to the extent permitted under state law); 24-hour on-site response capability: (a) to meet scheduled or unpredictable member's needs; and(b) to provide supervision, safety, and security.(2) Services include social and recreational programming. Coverage does not include 24-hour skilled care or supervision or the cost of room or board. Nursing and skilled therapy services are incidental, rather than integral to, the provision of assisted living services. Services provided by third parties must be coordinated with the assisted living provider.(3) Assisted living settings must be integrated and support full access of individuals receiving Medicaid home and community-based services (HCBS) to the greater community, engage in community life, control personal resources, and receive services in the community, to the same degree of access as individuals not receiving medicaid HCBS.(4) Assisted living settings must meet CMS requirements for residential settings as outlined in the MAD MCO policy manual.C. Behavior support consultation is the provision of assessment, treatment, evaluation and follow-up services to assist the member, his or her parents, family, and primary caregivers with coping skills which promote maintaining the member in a home environment. (1) Behavior support consultation: (a) informs and guides the member's paid and unpaid caregivers about the services and supports that relate to the member's medical and behavioral health condition;(b) identifies support strategies for a member that ameliorate contributing factors with the intention of enhancing functional capacities, adding to the provider's competency to predict, prevent and respond to interfering behavior and potentially reducing interfering behavior;(c) supports effective implementation based on a member's functional assessment;(d) collaborates with medical and ancillary therapists to promote coherent and coordinated services addressing behavioral issues and to limit the need for psychotherapeutic medications; and(e) monitors and adapts support strategies based on the response of the member and his or her services and supports providers.(2) Based on the member's care plan, services are delivered in an integrated, natural setting or in a clinical setting.D. Community transition services are non-recurring set-up expenses for a member who is transitioning from an institutional or another provider-operated living arrangement (excluding assisted living) to a living arrangement in a private residence where the member is directly responsible for his or her own living expenses. (1) Allowable expenses are those necessary to enable the member to establish a basic household that does not constitute room and board and may include:(a) security deposits that are required to obtain a lease on an apartment or home;(b) essential household furnishings required to occupy and use a community domicile, including furniture, window coverings, food preparation items, and bed and bath linens;(c) set-up fees or deposits for utility or service access, including telephone, electricity, heating and water;(d) services necessary for the member's health and safety, such as, but not limited to, pest eradication and one-time cleaning prior to occupancy;(f) security deposit for an assisted living facility placement up to five hundred dollars ($500).(2) Community transition services do not include monthly rental or mortgage expenses, food, regular utility charges, household appliances, or items that are intended for purely diversional or recreational purposes.(3) Community transition services are limited to three thousand five hundred dollars ($3500) per member every five years. In order to be eligible for this service, the member must have a NF stay of at least 90-consecutive days prior to transition to the community.E. Emergency response services provide an electronic device that enables a member to secure help in an emergency at his or her home, avoiding institutionalization. The member may also wear a portable "help" button to allow for mobility. The system is connected to the member's phone and programmed to signal a response center when the "help" button is activated. The response center is staffed by trained professionals. Emergency response services include: testing and maintaining equipment; training the member, his or her caregivers and first responders on use of the equipment; 24-hour monitoring for alarms; checking systems monthly or more frequently (if warranted by electrical outages, severe weather, etc.); and reporting member emergencies and changes in the member's condition that may affect service delivery.F. Employment supports include job development, job seeking and job coaching supports after available vocational rehabilitation supports have been exhausted.(1) The job coach provides: (a) training, skill development;(b) employer consultation that a member may require while learning to perform specific work tasks on the job;(e) situational and vocational assessments and profiles;(f) education of the member and co-workers on rights and responsibilities; and(g) benefits counseling. The service must be tied to a specific goal in the member's care plan.(2) Job development is a service provided to a member by skilled staff. The service has five components: (a) job identification and development activities;(b) employer negotiations;(3) Employment supports are provided by staff at current or potential work sites. When supported employment services are provided at a work site where persons without disabilities are employed, payment is made only for the adaptations, supervision and training required by the member receiving services as a result of his or her disabilities, and does not include payment for the supervisory activities rendered as a normal part of the business setting.(4) Payment shall not be made for incentive payments, subsidies, or unrelated vocational training expenses such as the following:(a) incentive payments made to an employer to encourage or subsidize the employer's participation in a supported employment program;(b) payments that are passed through to users of supported employment programs; or(c) payments for training that is not directly related to a member's supported employment program.(5) Federal financial participation cannot be claimed to defray expenses associated with starting up or operating a business.(6) Employment supports settings must be integrated and support full access of individuals receiving medicaid HCBS to the greater community, engage in community life, control personal resources, and receive services in the community, to the same degree of access as individuals not receiving medicaid HCBS.G. Environmental modification services include: the purchase of, the installation of equipment for the physical adaptations to a member's residence that are necessary to ensure the health, welfare, and safety of the member or enhance the member's level of independence.(1) Adaptations include the installation of:(b) widening of doorways and hallways;(c) installation of specialized electric and plumbing systems to accommodate medical equipment and supplies;(e) modification of bathroom facilities (roll-in showers, sink, bathtub, and toilet modifications, water faucet controls, floor urinals and bidet adaptations and plumbing);(f) turnaround space adaptations;(g) specialized accessibility/safety adaptations/additions;(h) trapeze and mobility tracks for home ceilings;(i) automatic door openers/doorbells;(j) voice-activated, light-activated, motion-activated and electronic devices;(k) fire safety adaptations; air filtering devices;(l) heating and cooling adaptations;(m) glass substitute for windows and doors; modified switches, outlets or environmental controls for home devices; and(n) alarm and alert systems, including signaling devices.(2) All services shall be provided in accordance with applicable federal and state statutes, regulations and rules and local building codes.(3) Non-covered adaptations or improvements to the member's home include: (a) adaptations for general utility which are not for direct medical or remedial benefit to the member; and(b) adaptations that add to the total square footage of the member's resident except when necessary to complete an approved adaptation.(4) The environmental modification provider must:(a) ensure proper design criteria is addressed in planning and design of the adaptation;(b) provide or secure the appropriate licensed contractor or approved vendor to provide construction and remodeling services;(c) provide administrative and technical oversight of construction projects;(d) provide consultation to members, family members, providers and contractors concerning environmental modification projects to the member's residence; and(e) inspect the final environmental modification project to ensure that the adaptations meet the approved plan submitted for environmental adaptation.(5) Environmental modification services to a member are limited to five-thousand dollars ($5,000) every five years. Additional services may be requested if the member's health and safety needs exceed the specified limit.H. Home health aide services provide total care or assist the member in all ADLs.(1) Total care includes: the provision of bathing (bed, sponge, tub, or shower); shampoo (sink, tub, or bed); care of nails and skin; oral hygiene; toileting and elimination; safe transfer techniques and ambulation; normal range of motion and positioning; and adequate oral nutrition and fluid intake.(2) The home health aide services assist the member in a manner that promotes an improved quality of life and a safe environment for him or her. Home health aide services can be provided outside the member's home.(3) Home health aides may provide basic non-invasive nursing assistant skills within the scope of their practice. Home health aides perform an extension of therapy services including:(a) bowel and bladder care;(d) ambulation and exercise;(e) household services essential to health care at home;(f) assisting with medications that are normally self-administered;(g) reporting changes in patient conditions and needs; and(h) completing appropriate records.(4) Home health aide services must be provided under the supervision of a registered nurse (RN) licensed by the New Mexico board of nursing, or other appropriate professional staff. Such staff must make a supervisory visit to the member's residence at least every two weeks to observe and determine whether the member's goals are being met.I. Nutritional counseling services include assessment of the member's nutritional needs, development and revision of the member's nutritional plan, counseling and nutritional intervention, and observation and technical assistance related to implementation of the nutritional plan.J. Personal care services (PCS) are provided to a member unable to perform a range of ADLs and instrumental activities of daily living (IADL). PCS shall not replace natural supports such as the member's family, friends, individuals in the community, clubs, and organizations that are able and consistently available to provide support and service to the member. Use of the Electronic Visit Verification (EVV) system is required for payment of PCS. The managed care organizations shall collaborate to offer a single EVV vendor for PCS and monitor compliance with the federal 21st Century Cures Act.(1) PCS is a benefit for a member 21 years of age or older who meets the eligibility for CB services. A member under 21 years of age must access PCS through the EPSDT program.(2) PCS delivery models: A member may select either the consumer-delegated or the consumer-directed delivery of his or her PCS. The PCS consumer-delegated or consumer-directed agency must be certified as such by MAD or it designee to perform such duties and to be reimbursed for the delivery model of those services. The MCO's care coordinator is responsible for explaining both models to each member, initially, and annually thereafter. (a) The consumer delegated (PCS/CDelegated) model allows the member to select his or her PCS agency to perform all PCS employer-related tasks. This agency is responsible for ensuring all PCS are delivered to the member.(b) The consumer-directed (PCS/CDirected) model allows the member to oversee his or her own PCS delivery, and requires that the member work with his or her PCS agency who then acts as a fiscal intermediary agency to process all financial paperwork to be submitted to the MCO.(c) If a member is unable to select or unable to communicate which PCS delivery model he or she selects, then his or her authorized representative will select on behalf of the member. The member's authorized representative status must be properly documented with the member's PCS agency.(d) For both models, the member may select his or her family member, with the exception of the member's spouse. A friend; neighbor; or other person may also be selected as his or her PCS attendant. A family member shall not be reimbursed for a service he or she would have otherwise provided as a natural support. A PCS attendant, regardless of family relationship, who resides with the member shall not be paid to deliver household services, or supports such as shopping, errands, or meal preparation that are routinely provided as part of the household division of chores, unless those services are specific to the member.(e) A member may have a relative, friend, or other spokesperson assisting him or her with communicating information or instructions to the member's attendant, providing information concerning the member's natural services or supports needs during the member's assessment, or fulfilling additional roles as designated by the member or the member's authorized representative in writing. A spokesperson may not make decisions on behalf of a member, which is the member or member's authorized representative's sole responsibility, unless the member's authorized representative is also the member's spokesperson.(3) Eligible PCS agencies: PCS agencies electing to provide PCS must obtain agency certification. A PCS agency provider, must comply with the requirements as listed in the MAD MCO policy manual PCS agencies must be an enrolled MAD provider.(4) Bladder and bowel care: PCS must be related to the member's functional level to perform ADLs and IADLs as indicated in the members CNA. PCS will not include those services, or supports the member does not need or is already receiving from other sources including tasks provided by natural supports.(a) A member who has a signed statement by his or her primary care provider (PCP) stating he or she is medically stable and able to communicate and assess his or her bladder and bowel care needs may access this service when included in his or her individual care plan.(i) bowel care includes the evacuation and ostomy care, changing and cleaning of such bags and ostomy site skin care;(ii) bladder care includes the attendant cueing the member to empty his or her bladder at timed intervals to prevent incontinence; and(iii) catheter care, including the changing and cleaning of such bag.(b) A member who is determined by his or her PCP in a signed statement to not be medically stable and not able to communicate and assess his or her bladder and bowel care needs may access these services:(i) perineal care including cleansing of the perineal area and changing of feminine sanitary products;(ii) toileting including assisting with bedside commode or bedpan;(iii) cleaning perineal area,(iv) changing adult briefs or pads;(v) cleaning changing of wet or soiled clothing; and(vi) assisting with adjustment of clothing before and after toileting.(5) Meal preparation and assistance: Meal preparation includes cutting ingredients to be cooked, cooking meals, placing and presenting the meal in front the member to eat, cutting up food into bite-sized portions for the member, or assisting the member as stated in his or her individual plan of care (IPoC). This includes provision of snacks and fluids and may include mobility assistance and prompting or cueing the member to prepare meals.(6) Eating: Feeding or assisting the member with eating a prepared meal using a utensil or specialized utensils is a covered service. Eating assistance may include mobility assistance and prompting or cueing a member to ensure appropriate nutritional intake and monitor for choking. If the member has special needs in this area, the PCS agency will include specific instruction in the member's IPoC on how to meet those needs. Gastrostomy feeding and tube feeding are not covered services.(7) Household support services: This service is for assisting and performing interior household activities and other support services that provide additional assistance to the member. Interior household activities are limited to the upkeep of the member's personal living areas to maintain a safe and clean environment for the member, particularly a member who may not have adequate support in his or her residence. Assistance may include mobility assistance and prompting and cueing a member to ensure appropriate household support services.(a) An attendant who resides in the same household as the member may not be paid for household support services routinely provided as part of the household division of chores, unless those services are specific to the member such as, changing the member's linens, and cleaning the member's personal living areas.(b) Services include: (i) sweeping, mopping, or vacuuming;(v) cleaning bathrooms includes tubs, showers, sinks, and toilets;(vi) cleaning the kitchen and dining area including washing dishes, putting them away; cleaning counter tops, and eating areas, etc.; household services do not include cleaning up after other household members or pets;(vii) minor cleaning of an assistive device, wheelchair and durable medical equipment (DME) is a covered service. A member must have an assistive device requiring regular cleaning that cannot be performed by the member and is not cleaned regularly by the supplier of the assistive device to be eligible to receive services under this category;(viii) shopping or completing errands specific to the member with or without the member;(ix) cueing a member to feed and hydrate his or her documented personal assistance animal or feed and hydrate such an animal when the member is unable;(x) assistance with battery replacement and minor, routine wheelchair and DME maintenance is a covered service. A member must have an assistive device that requires regular maintenance, that is not already provided by the supplier of the assistive device, and that the member cannot maintain in order to be eligible to receive services under this category;(xi) assisting a member self-administering: assistance with self-administering physician ordered (prescription) medications is limited to prompting and reminding only. The use of over the counter medications does not qualify for this service. A member must meet the definition of "ability to self-administer" defined in this section, to be eligible to receive time for this task. A member who does not meet the definition of ability to self-administer is not eligible for this service. This assistance does not include administration of injections, which is a skilled/nursing task; splitting or crushing medications or filling medication boxes. Assistance includes: getting a glass of water or other liquid as requested by the member for the purpose of taking medications; at the direction of the member, handing the member his or her daily medication box or medication bottle; and at the direction of the member, helping a member with placement of oxygen tubes for members who can communicate to the caregiver the dosage or route of oxygen; and(xii) transportation of the member: transportation shall only be for non-medically necessary events and may include assistance with transfers in and out of vehicles. Medically necessary transportation services may be a covered PCS service when the MCO has assessed and determined that other medically necessary transportation services are not available through other state plan services.(8) Hygiene and grooming: The attendant may perform for the member or the attendant may cue and prompt the member to perform the following services: (a) bathing to include giving a sponge bath in the member's bed, bathtub or shower; transferring in and out of the bathtub or shower, turning water on and off; selecting a comfortable water temperature; bringing in water from outside or heating water for the member;(b) dressing to include putting on, fastening, and removing clothing including shoes;(c) grooming to include combing or brushing hair, applying make-up, trimming beard or mustache, braiding hair, shaving under arms, legs or face;(d) oral care for a member with intact swallowing reflex to include brushing teeth, cleaning dentures or partials including the use of floss, swabs, or mouthwash;(e) nail care to include cleaning, filing to trim, or cuticle care for member's without a medical condition. For a documented medically at-risk member; nail care is not covered under PCS; it is a skilled nurse service. Medically at risk conditions include, but are not limited to venous insufficiency, diabetes, peripheral neuropathy;(f) applying lotion or moisturizer to intact skin for routine skin care;(g) physician ordered skin care is limited to the application of skin cream when a member has a documented chronic skin condition and is determined by his or her PCP unable to self-administer the medication. The member's PCP must order a prescription or over-the-counter medication to treat the condition.(i) When the PCP determines the member is able to self-administer the prescribed or over-the-counter medication the attendant is limited to prompting and reminding the member.(ii) PCS does not include the care of a member's wounds, open sores, debridement or dressing of open wounds.(h) prompting or cueing to ensure appropriate bathing, dressing, grooming, oral care, nail care and application of lotion for routine skin care; and(i) mobility assistance to ensure appropriate bathing, dressing, grooming, oral care and skin care.(9) Supportive mobility assistance: Physical or verbal prompting and cueing mobility assistance provided by the attendant that is not already included as part of other PCS includes assistance with: (a) ambulation to include moving around inside or outside the member's residence or living area with or without an assistive device such as a walker, cane or wheelchair;(b) transferring to include moving to and from one location or position to another with or without an assistive device such as in and out of a vehicle;(c) toileting to include transferring on or off a toilet; and(d) repositioning to include turning or changing a bed-bound member's position to prevent skin breakdown.(10) Non-covered services: The following services are not covered as PCS: (a) services to an inpatient or resident of a hospital, NF, ICF-IID, mental health facility, correctional facility, or other institutional settings, with the exception when a member is transitioning from a NF;(b) services that are already provided by other sources, including natural supports;(c) household services, support services such as shopping, errands, or meal preparation that are routinely provided as part of the household division of chores;(d) services provided by a person not meeting the requirements and qualifications of a personal care attendant; including but not limited to, training and criminal background checks;(e) services not approved in the member's IPoC;(f) childcare, pet care, or personal care for other household members. This does not include the member's documented assistant service animal;(g) retroactive services;(h) services provided to an individual who is not a MCO member or does not meet the eligibility criteria for CB services;(i) member assistance with finances and budgeting;(j) member appointment scheduling;(k) member range of motion exercises;(l) wound care of open sores and debridement or dressing of open wounds;(m) filling of medication boxes, cutting or grinding pills, administration of injections, assistance with over-the-counter medication or medication that the member cannot self-administer;(n) skilled nail care for a member documented as medically at-risk;(o) medically necessary transportation when available through the member's MCO general benefit services;(p) bowel and bladder services that include insertion or extraction of a catheter or digital stimulation; and(q) gastrostomy feeding and tube feeding.K. Private duty nursing services include activities, procedures, and treatment for a physical condition, physical illness, or chronic disability for a member who is 21 years of age and older with intermittent or extended direct nursing care in his or her home.(1) Services include: (a) medication management;(b) administration and teaching;(c) aspiration precautions;(d) feeding tube management;(e) gastrostomy and jejunostomy;(h) urinary catheter management;(i) bowel and bladder care;(n) environmental management for safety;(o) nutrition management;(q) seizure management and precautions;(s) staff supervision; and(t) behavior and self-care assistance.(2) All services are provided under a written physician's order and must be rendered by a New Mexico board of nursing licensed RN or a licensed practical nurse (LPN) who provides services within his or her scope of practice.L. Respite services are provided to a member unable to care for him or herself and are furnished on a short-term basis to allow the member's primary caregiver a limited leave of absence in order to reduce stress, accommodate a caregiver illness, or meet a sudden family crisis or emergency. Respite provides a temporary relief to the primary caregiver of a CB member during times when he/she would normally provide unpaid care. (1) Respite care is furnished at home, in a private residence of a respite care provider, in a specialized foster care home, in a hospital or NF, that meet the qualifications for MAD provider enrollment requirements. For purposes of ABCB eligibility, when respite services are delivered through an institutional provider, the member is not considered a resident of the institution.(2) Respite care services include: (a) medical and non-medical health care;(b) personal care; bathing;(c) showering; skin care;(f) bowel and bladder care;(g) catheter and supra-pubic catheter care;(h) preparing or assisting in preparation of meals and eating;(i) administering enteral feedings;(j) providing home management skills;(o) calls for maintenance;(p) assisting with enhancing self-help skills, such as promoting use of appropriate interpersonal communication skills and language, working independently without constant supervision or observation;(q) providing body positioning, ambulation and transfer skills;(r) arranging for transportation to medical or therapy services;(s) assisting in arranging health care needs and follow-up as directed by primary care giver, physician, and care coordinator; and(t) ensuring the health and safety of the member at all times.(3) Respite may be provided on either a planned or an unplanned basis and may be provided in a variety of settings. If unplanned respite is needed, the appropriate agency personnel will assess the situation, and with the caregiver, recommend the appropriate setting for respite services to the member. Services must only be provided on an intermittent or short-term basis because of the absence or need for relief of those persons normally providing care to the member.(4) Respite services are limited to a maximum of 300 hours annually per care plan year. Additional hours may be requested if a member's health and safety needs exceed the specified limit.M. Skilled maintenance therapy services for a member 21 years and older are provided when his or her MCO's general physical health benefit skilled therapy services are exhausted or are not a MCO covered benefit. The community benefit skilled maintenance therapy services include physical therapy, occupational therapy or speech language therapy. Therapy services focus on improving functional independence, health maintenance, community integration, socialization, and exercise, and enhance the support and normalization of the member's family relationships.(1) Physical therapy services promote gross and fine motor skills, facilitate independent functioning and prevent progressive disabilities. Specific services may include but are not limited to:(a) professional assessment, evaluation and monitoring for therapeutic purposes;(b) physical therapy treatments and interventions;(c) training regarding PT activities;(d) use of equipment and technologies or any other aspect of the member's physical therapy services;(e) designing, modifying or monitoring use of related environmental modifications;(f) designing, modifying, and monitoring use of related activities supportive to the care plan goals and objectives; and(g) consulting or collaborating with other service providers or family enrollees, as directed by the member.(2) Occupational therapy (OT) services promote fine motor skills, coordination, sensory integration, and facilitate the use of adaptive equipment or other assistive technology. Specific services may include but are not limited to: (a) teaching of daily living skills;(b) development of perceptual motor skills and sensory integrative functioning;(c) design, fabrication, or modification of assistive technology or adaptive devices;(d) provision of assistive technology services;(e) design, fabrication, or applying selected orthotic or prosthetic devices or selecting adaptive equipment;(f) use of specifically designed crafts and exercise to enhance function; training regarding OT activities; and(g) consulting or collaborating with other service providers or family enrollees, as directed by the member.(3) Speech and language therapy (SLT) services preserve abilities for independent function in communication; facilitate oral motor and swallowing function; facilitate use of assistive technology; and prevent progressive disabilities. Specific services may include but are not limited to: (a) identification of communicative or oropharyngeal disorders and delays in the development of communication skills;(b) prevention of communicative or oropharyngeal disorders and delays in the development of communication skills;(c) development of eating or swallowing plans and monitoring their effectiveness;(d) use of specifically designed equipment, tools, and exercises to enhance function;(e) design, fabrication, or modification of assistive technology or adaptive devices;(f) provision of assistive technology services;(g) adaptation of the member's environment to meet his or her needs;(h) training regarding SLT activities; and(i) consulting or collaborating with other service providers or family enrollees as directed by the member.(4) A signed therapy referral for treatment must be obtained from the member's PCP. The referral will include frequency, estimated duration of therapy and treatment, and procedures to be provided.N.M. Admin. Code § 8.308.12.13
8.308.12.13 NMAC - N, 1-1-14; A, 8-1-14, Adopted by New Mexico Register, Volume XXVIII, Issue 04, February 28, 2017, eff. 2/16/2017, Amended by New Mexico Register, Volume XXIX, Issue 23, December 11, 2018, eff. 1/1/2019