N.M. Admin. Code § 8.371.7.13

Current through Register Vol. 35, No. 23, December 10, 2024

Section 8.371.7.13 - THE PROCESS FOR THE DEVELOPMENT OF THE INDIVIDUAL TRANSITION PLAN (ITP) - TIME LINES

A. The individual transition plan (ITP) process provides timelines by which specific actions are scheduled to occur. Although the health care authority intends to accomplish the specified activities within the time lines provided, the quality of individual program planning and the involvement of the individual will not be compromised in order to achieve a specific time line.

B. The health care authority shall provide to the plaintiffs and plaintiff-intervenors a "planning initiation schedule" on a quarterly basis that will identify the date by which Activity 11, the TIDT meeting, shall be initiated for each individual on the schedule. The initial transition interdisciplinary team (TIDT) meeting is scheduled by the Jackson office of the developmental disabilities division (DDD) upon the recommendation of the facility IDT for community placement. Except as provided herein, effective August 1, 1994, and thereafter, the initial transition interdisciplinary team (TIDT) meeting will be scheduled within sixty days of a community placement recommendation of the facility interdisciplinary team (FIDT). If, as of July 31, 1994, new Los Lunas center for persons with developmental disabilities FIDT community placement recommendations exceed one, but do not exceed two per month, the requirement to schedule the TIDT meeting within 60 days is effective September 1, 1994. If, as of July 31, 1994, new Los Lunas hospital and training school FIDT community placement recommendations exceed two per month, the requirement to schedule the TIDT meeting within 60 days is effective October 1, 1994. TIDT dates are fixed and subject to change only on condition of extraordinary circumstances, absence of key team members or due process initiation.

C. The time lines shall be extended only so long as necessary to accommodate:

(1) additional TIDT meetings, as determined by the TIDT under Activity 11 or the case manager under activity 17;

(2) a pending dispute pursuant to the dispute resolution process (DRP) for individual transition plans (see Activity 18 and 8.371.8 NMAC) dispute resolution process (Appendix B); or

(3) extraordinary circumstances as determined by:

(a) the case manager under Activities 16 and 17, for example.or

(b) the Jackson coordinator as a result of significant changes in an individual's condition or circumstances.

(4) A delay for extraordinary circumstances is subject to review by the TIDT upon the request of the individual, the parent/ guardian or their representative.

D. Absent such events, the division shall schedule and accomplish the activities identified below within the following time lines:

(1) TIDT meeting (Activity 11): No more than 228 days prior to placement, and as set by Jackson transition office calendar (absent extraordinary circumstances or judicial stay order); updated calendars submitted to the court;

(2) additional TIDTs (Activity 11): within 21 days of initial TIDT meeting;

(3) cost proposals (Activity 13 - 14): submitted 30 days after distribution of the ITP; reviewed within 30 days;

(4) ITPQA review meeting (Activity 17): scheduled at the final TIDT meeting; to occur 30 - 45 days prior to placement date.

E. Case manager activities (activities 2 - 9) may begin as early as 120 days, but no later than 90 days prior to the established initial TIDT meeting date.

F. Interim target time lines are more fully set forth below in the specific paragraph describing the activity. Activities 1 - 10 may begin for each individual at the division's discretion sufficiently in advance of the planning initiation schedule identified by the division. In no event shall activity 10 be completed later that 14 days before each individual's planning initiation date. Unless otherwise specified, days means calendar days.

N.M. Admin. Code § 8.371.7.13

Adopted by New Mexico Register, Volume XXXV, Issue 12, June 25, 2024, eff. 7/1/2024