New Mexico Register / Volume XXXIV, Issue 12 / June 27, 2023
AMENDMENT
TO NOTICE OF PROPOSED RULEMAKING
NOTICE IS HEREBY
GIVEN that the New Mexico Developmental Disabilities Council Office of
Guardianship’s (NMDDC OOG) public rule hearing on July 31, 2023, and
public comment period remain the same. This notice is to add the correct web
address to “Details for Obtaining a Copy of Proposed Rules.” The hearing will begin at 10:00 a.m. and will
be held at the NMDDC OOG at 625 Silver Avenue SW, Suite 100, Albuquerque, NM
87102-3185, and via Zoom (https://us02web.zoom.us/j/82414945939?pwd=dGtOS05rdWVrTXYzaG5UM0ZTMlN1QT09,
Meeting ID: 824 1494 5939, Passcode: 090711, One tap mobile +17193594580,,82414945939#,,,,*090711#
US). Following the public rule hearing, the NMDDC OOG will convene an executive
leadership meeting to adopt the rules. The proposed rule was published in the
Notice of Proposed Rulemaking on June 13, 2023.
Statutory
Authority: Legal
authority for this rulemaking may be found in the Office of Guardianship Act,
Section 28-16B-3 NMSA 1978, among
other provisions which specifically authorize the NMDDC OOG to “promulgate
rules in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978]
to carry out the provisions of the Office of Guardianship Act.”
Purpose: The purpose of the
public rule hearing is to take public comments regarding the proposed repeal
and replacement of 9.4.21 NMAC – GUARDIANSHIP SERVICES. Every person
attending the public rule hearing will be given the opportunity to present
their comments. Interested persons may submit their written comments to the
NMDDC OOG at 625 Silver Avenue SW, Suite 100, Albuquerque, NM 87102-3185, or
DDC.OOG-Rulemaking@ddc.nm.gov. If submitting written comments by email, please
indicate in the subject line the number and section of each rule(s) for which
you are providing comments. Written comments must be received no later than
5:00 p.m. on July 30, 2023. Any written comments received will become part
of the rulemaking record, be posted to the New Mexico Sunshine Portal, and be
accessible to the public.
Special Needs: Any person with a
disability who needs a reader, amplifier, qualified signed language
interpreter, auxiliary aid, or service to attend or participate in the public
rule hearing should contact the NMDDC OOG at DDC.OOG-Rulemaking@ddc.nm.gov or (505)
526-0551 at least ten (10) business days prior to the hearing.
Details for
Obtaining a Copy of Proposed Rules: The proposed rules are available at the
NMDDC OOG located at 625 Silver Avenue SW, Suite 100, Albuquerque, NM
87102-3185, and are posted on the NMDDC OOG’s website at https://www.nmddpc.com/.
To request that a copy of the proposed rules be sent to you by mail or email,
please contact the NMDDC OOG at DDC.OOG-Rulemaking@ddc.nm.gov or (505)
526-0551.
Summary of Proposed
Repeal and Replacement: The NMDDC OOG proposes to repeal and replace 9.4.21
NMAC – Guardianship Services as follows:
9.4.21.7 Definitions. Revising
the definition of “complaint”; defining “comprehensive service review”, “corrective
action plan”, and “service provider”; and deleting the definitions of
“complaint against the office of guardianship”, “comprehensive evaluation”,
“contracted guardianship provider”, “contractor”, and “designated entity”.
9.4.21.8 Eligibility. Repealing
language that is unclear and outdated and replacing it with language that uses
defined terms and comports with the United States Department of Health and
Human Services’ guidelines on poverty.
9.4.21.9 Prioritization of
Service. Repealing language that uses the terms “high need guardianships”
and “low need guardianships” and replacing it with the NMDDC OOG’s criteria
that are used when prioritizing applications.
9.4.21.10 Designation of
Service Area. Repealing language that specifies the area within which the NMDDC
OOG provides services, and adding language that states services are provided within
the jurisdiction of New Mexico courts.
9.4.21.11 Services to Be
Provided by the NMDDPC Office of Guardianship. Repealing section.
9.4.21.12 Requirements of
Contracted Guardianship Providers. Repealing section.
9.4.21.13 Referral Process.
Repealing section.
9.4.21.14 Complaints Against
a Contracted Provider with the NMDDPC Office of Guardianship. Repealing
language that describes outdated processes and that limits the scope of the
complaint process and replacing it with language that clearly communicates how
the NMDDC OOG responsibly, promptly, and impartially handles and investigates
complaints.
9.4.21.15 Complaints Against
the NMDDPC Office of Guardianship. Repealing section.
9.4.21.16 Transfer of Protected
Person from a Private Pay Guardianship to a Program Funded Through the NMDDPC
Office of Guardianship. Repealing section.
9.4.21.17 Requests for
Information. Repealing section.
9.4.21.18 Comprehensive
Evaluations. Repealing section.
9.4.21.19 Comprehensive
Service Reviews. Adding a new section with the minimum requirements of personnel
that conduct comprehensive service reviews (CSR), the components of a CSR, and
the provision of a CSR report.
9.4.21.20 Corrective Action
Plans. Adding a new section to outline when the NMDDC OOG may require a
service provider to complete a corrective action plan upon failure to provide
services in accordance with the service agreement or within the scope of the
order granted by the court.