TITLE
9 HUMAN RIGHTS
CHAPTER
2 AGE
PART
7 DE-DESIGNATION
OF AREA AGENCIES ON AGING
9.2.7.1 ISSUING AGENCY: New Mexico Aging and Long Term Services Department
(NMALTSD)
[9.2.7.1
NMAC - Rp, SAA Rule No. 95-7.1, 6/30/2015]
9.2.7.2 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.
[9.2.7.2
NMAC - Rp, SAA Rule No. 95-7.2, 6/30/2015]
9.2.7.3 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.
[9.2.7.3
NMAC - Rp, SAA Rule No. 95-7.3, 6/30/2015]
9.2.7.4 DURATION: Permanent.
[9.2.7.4
NMAC - Rp, SAA Rule No. 95-7.4, 6/30/2015]
9.2.7.5 EFFECTIVE DATE: June 30, 2015, unless a later date is cited
at the end of a section.
[9.2.7.5
NMAC - Rp, SAA Rule No. 95-7.5, 6/30/2015]
9.2.7.6 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.
[9.2.7.6
NMAC - Rp, SAA Rule No. 95-7.6, 6/30/2015]
9.2.7.7 DEFINITIONS: See 9.2.1.7 NMAC for definitions.
[9.2.7.7
NMAC - Rp, SAA Rule No. 95-7.7, 6/30/2015]
9.2.7.8 LEGAL REFERENCES: [RESERVED]
[9.2.7.8
NMAC - Rp, SAA Rule No. 95-7.8, 6/30/2015]
9.2.7.9 BACKGROUND: When an area agency on aging fails to comply
with applicable federal or state rules, statutes or codes, or terms of a
contract, the department may take action as may be legally available and
appropriate to the circumstance.
[9.2.7.9
NMAC - Rp, SAA Rule No. 95-7.9, 6/30/2015]
9.2.7.10 DEPARTMENT RESPONSIBILITIES: Prior to any de-designation effort the
department must provide the area agency on aging with the opportunity to
correct any deficiency which may be cause for de-designation.
[9.2.7.10
NMAC - Rp, SAA Rule No. 95-7.10, 6/30/2015]
9.2.7.11 DE-DESIGNATION: The department shall withdraw an area agency
on aging designation whenever the department, for specific documented reasons
and after reasonable notice and opportunity for a hearing, as provided in
9.2.11 NMAC, finds that:
A. The area agency
on aging does not meet the requirements of federal or state regulations, as
specified in 9.2.6 NMAC and 45 C.F.R. Section 1321; or
B. The area plan or
area plan amendment is not approved in the current funding period; or
C. There is
substantial failure to properly administer the approved area plan or to comply
with any provision of the Older Americans Act, 45 C.F.R. Section 1321, or the
department’s rules or published policies and procedures; or
D. Activities of
the area agency on aging are
inconsistent with the statutory mission prescribed in the Older
Americans Act or in conflict with the requirement of the Act that it function
only as an area agency on aging; or
E. The area agency
on aging does not perform its responsibilities as required by its contract with
the department.
[9.2.7.11
NMAC - Rp, SAA Rule No. 95-7.11, 6/30/2015]
9.2.7.12 NOTIFICATION OF CONTEMPLATION
OF WITHDRAWAL OF AREA AGENCY ON AGING DESIGNATION: If the department contemplates withdrawal of
designation of an area agency on aging, the department will notify appropriate
individuals and organizations in advance of the contemplated withdrawal and of
the reasons which make it necessary.
This notification shall be sent by certified mail, return receipt
requested, to:
A. The governor of
New Mexico;
B. The New Mexico
congressional delegation;
C. State senators
and representatives of the districts in which the area agency on aging provides
services;
D. The department
policy advisory committee;
E. County
commission chairpersons and mayors of cities, towns and villages in the
affected planning and service area(s);
F. Governors or
presidents of Indian pueblos or tribes in the affected planning and service
area(s);
G. The governing body
of the area agency on aging;
H. Service
providers that have current contracts with the area agency; and
I. The area agency
on aging advisory council.
[9.2.7.12
NMAC - Rp, SAA Rule No. 95-7.12, 6/30/2015]
9.2.7.13 NOTIFICATION OF WITHDRAWAL OF
AREA AGENCY ON AGING DESIGNATION: An area agency on aging shall be
notified, by certified mail, return receipt requested, at least ten (10)
working days prior to the effective date of its de-designation as an area
agency on aging. Such notification shall
explain the right of the area agency on aging to appeal such decision as
outlined in 9.2.11 NMAC.
A. If, in the
department’s judgment, an egregious situation exists that seriously threatens
the health and welfare of a significant segment of the older adult population
within the affected planning and service area(s), the de-designation may be
made effective immediately, and so stated in the letter of notification. Immediate de-designation does not preclude
processing appeals under 9.2.11 NMAC.
B. If an area
agency on aging is de-designated, the department may, if necessary to ensure
continuity of services in a planning and service area, assume the role of the
area agency on aging for a period of up to one hundred eighty (180) days
following its final decision to withdraw designation of the area agency on
aging; this period may be extended by the head of the U.S. administration on aging
pursuant to 45 C.F.R. Section 1321.35.
C. If an area
agency on aging is de-designated, the department may alternatively, if
necessary to ensure continuity of services in a planning and service area,
assign the responsibilities of the area agency on aging to another agency in
the planning and service area for a period of up to hundred eighty (180) days. This period may be extended by the head of
the U.S. Administration on Aging pursuant to 45 C.F.R. Section 1321.35.
[9.2.7.13
NMAC - Rp, SAA Rule No. 95-7.13, 6/30/2015]
9.2.7.14 PROCEDURES FOLLOWING WITHDRAWAL
OF DESIGNATION: If the
department de-designates an area agency on aging, the department shall take the
following action:
A. The department
will notify, by certified mail, return receipt requested, the head of the U.S.
Administration on Aging and others as specified in 9.2.7.12 NMAC or as
required by federal regulation;
B. The department
will provide a plan for continuity of services in the affected planning and
service area(s) and will:
(1) Discontinue
reimbursement to the former area agency on aging except for outstanding
obligations;
(2) Notify
area agency on aging contractors regarding where to submit requests for
reimbursement;
(3) Terminate
any contracts with the former area agency on aging; and
(4) Designate
an interim or new area agency on aging to administer the planning and service
area(s) in a timely manner.
[9.2.7.14
NMAC - Rp, SAA Rule No. 95-7.14, 6/30/2015]
HISTORY
OF 9.2.7 NMAC:
Pre-NMAC
History: The material in this part was derived from
that previously filed with the State records center:
SAA
Rule No. 95-7, Withdrawal of Area Agency Designation, filed 4/13/1995.
History of
Repealed Material:
SAA
Rule No. 95-7, filed 4/13/1995 - Repealed 6/30/2015