TITLE
9 HUMAN RIGHTS
CHAPTER
2 AGE
PART
4 DESIGNATION OF PLANNING
AND SERVICE AREAS
9.2.4.1 ISSUING AGENCY: New Mexico Aging and Long Term Services Department
(NMALTSD)
[9.2.4.1
NMAC - Rp, SAA Rule No. 95-4.1, 6/30/2015]
9.2.4.2 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.
[9.2.4.2
NMAC - Rp, SAA Rule No. 95-4.2, 6/30/2015]
9.2.4.3 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.
[9.2.4.3
NMAC - Rp, SAA Rule No. 95-4.3, 6/30/2015]
9.2.4.4 DURATION: Permanent.
[9.2.4.4
NMAC - Rp, SAA Rule No. 95-4.4 6/30/2015]
9.2.4.5 EFFECTIVE DATE: June 30, 2015, unless a later date is cited
at the end of a section.
[9.2.4.5
NMAC - Rp, SAA Rule No. 95-4.5, 6/30/2015]
9.2.4.6 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.
[9.2.4.6
NMAC - Rp, SAA Rule No. 95-4.6, 6/30/2015]
9.2.4.7 DEFINITIONS: See 9.2.1.7 NMAC for definitions.
[9.2.4.7
NMAC - Rp, SAA Rule No. 95-4.7, 6/30/2015]
9.2.4.8 LEGAL REFERENCES: [RESERVED]
[9.2.4.8
NMAC - Rp, SAA Rule No. 95-4.8, 6/30/2015]
9.2.4.9 DESIGNATION OF PLANNING AND
SERVICE AREAS (PSAs):
Existing intrastate planning and service areas (PSAs) shall continue to
be designated unless:
A. There is
demonstrated evidence that designation of an existing PSA is inconsistent with
the purpose of the rules and regulations issued pursuant to the Older Americans
Act; or
B. The designation
of another PSA is necessary for the assurance of the efficient and effective
administration of programs authorized by the Older Americans Act and operating
in the state.
[9.2.4.9
NMAC - Rp, SAA Rule No. 95-4.9, 6/30/2015]
9.2.4.10
TYPE OF
DESIGNATION: The
department may designate “federally recognized” planning and service areas
under the auspices of the Older Americans Act and may designate “non-federally
recognized” planning and service areas under state authority. Non-federally recognized planning and service
areas may duplicate or overlap with federally recognized planning and service
areas and shall be established in order to address special service needs or
target populations and to facilitate the distribution of state funds.
[9.2.4.10
NMAC - Rp, SAA Rule No. 95-4.10, 6/30/2015]
9.2.4.11 CRITERIA FOR PSA DESIGNATION: The department shall divide the state into
distinct planning and service areas, considering the following criteria:
A. Geographical
distribution of older individuals in the state;
B. Incidence of the
need for supportive services, nutrition services, multipurpose senior centers,
legal assistance, and other services;
C. Distribution of
older individuals who have greatest economic need, particularly those with
low-incomes;
D. Distribution of
older individuals residing in rural areas;
E. Distribution of
minority older individuals;
F. Distribution of
older individuals with limited English proficiency;
G. Distribution of
older individuals who have greatest social need;
H. Distribution of
Native American Indian elders;
I. Distribution of
resources available to provide services;
J. Boundaries of
existing areas within the state which were drawn for the planning or
administration of supportive services programs; and
K. Location of
units of general purpose local government within the state.
[9.2.4.11
NMAC - Rp, SAA Rule No. 95-4.12, 6/30/2015]
9.2.4.12 PROCEDURE
FOR PSA DESIGNATION:
A. Non-department
initiated:
(1) Any
unit of general purpose local government, region within a state recognized for
area wide planning, metropolitan area, or Indian tribe may make application to
the department to be designated as a planning and service area.
(2) The
aging network division director, as the department secretary’s designee, shall
approve or disapprove any such application submitted under paragraph (1) of
this Section.
(3) Any
applicant under paragraph (1) of this section whose application for designation
as a planning and service area is denied by the department may appeal the
denial in writing to the department secretary within thirty (30) days of such
denial.
(4) If
the department denies an applicant for designation as a planning and service
area under paragraph (1) of this section, the department shall provide a
hearing on the denial of the application, in accordance with 9.2.11 NMAC if
requested by the applicant, as well as issue a written decision on the denial
within sixty (60) days following the hearing.
B. Department initiated: The department may designate additional
planning and service areas or redefine existing planning and service areas
based upon changes in the criteria for PSA designation in accordance with
9.2.4.11 NMAC.
C. The department shall solicit public
input with regard to any proposed changes or additions to PSA designation.
(1) At least one (1)
public hearing shall be held in each county and Indian tribe proposed to be
affected.
(2) Thirty (30) day
notice of such hearing(s) shall be provided to all area agencies on aging,
aging network providers, tribes, and units of general purpose government where
each entity will be provided the opportunity to provide oral or written
comment.
(3) Entities will
also be provided with the opportunity to submit written comments to the aging network
division director, if they are unable to attend a public hearing.
[9.2.4.12
NMAC - Rp, SAA Rule No. 95-4.11, 6/30/2015]
9.2.4.13 APPLICATION DENIAL OR APPROVAL: The secretary of the aging and long-term services
department shall approve or disapprove any application.
[9.2.4.13
NMAC - Rp, SAA Rule No. 95-4.13, 6/30/2015]
9.2.4.14 APPROVAL
OF PSA DESIGNATION:
All PSA designations for purposes of distribution of federal funds must
be further approved by the U.S. administration on aging.
[9.2.4.14
NMAC - Rp, SAA Rule No. 95-4.13, 6/30/2015]
9.2.4.15 APPEAL OF PSA DESIGNATION OR REVOCATION OF DESIGNATION:
A. An applicant for
PSA designation whose application the department has denied or a PSA whose
designation the department has decided to revoke may appeal pursuant to the
procedures set forth in 9.2.11 NMAC.
B. Any applicant
for “federally recognized” PSA designation whose application the department
denies and who has been provided an appeal hearing and written decision by the
department may appeal to the assistant secretary of the United States health
and human services department administration on aging in writing within thirty
(30) days of receipt of the department’s written decision, pursuant to 45 C.F.R
Section 1321.31 (2015).
[9.2.4.15
NMAC - Rp, SAA Rule No. 95-4.14, 6/30/2015]
9.2.4.16 DESIGNATED PSAs:
A. The designated
PSAs are posted to the department’s website.
B. All designation
approvals shall be maintained in the appropriate department records.
[9.2.4.16
NMAC – Rp, SAA Rule No. 95-4.15, 6/30/2015]
HISTORY
OF 9.2.4 NMAC:
Pre-NMAC
History: The material in this part was derived from
that previously filed with the State Records Center:
SAA
Rule No. 95-4, Designation of Planning and Service Areas, filed 4/13/95.
History of
Repealed Material:
SAA
Rule No. 95-4, filed 4/13/1995 - Repealed 6/30/2015