New Mexico Register / Volume XXXVI,
Issue 18 / September 23, 2025
TITLE 9 HUMAN RIGHTS
CHAPTER 2 AGE
PART 1 GENERAL PROVISIONS
9.2.1.1 Issuing agency: New
Mexico Aging and Long-Term Services Department (NMALTSD).
[9.2.1.1 NMAC -
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9.2.1.2 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.
[9.2.1.2 NMAC -
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9.2.1.3 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.
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9.2.1.4 Duration: Permanent.
[9.2.1.4 NMAC - Rp, 9.2.1.4, 09/23/2025]
9.2.1.5 Effective date:
September 23, 2025, unless a later date is cited at the end of a
section.
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9.2.1.6 Objective:
The objective of this rule is to define terms used throughout the rule
and to set forth basic requirements for carrying out Older Americans Act
programs.
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9.2.1.7 Definitions:
For definitions, see 42 U.S.C. Section 3002 and Section 9-23-3 NMSA
1978. The following words and terms, when used in these rules, shall have the
following meanings unless the context clearly indicates otherwise or a
different definition has been provided:
A. Definitions Beginning with “A”:
(1) “Administration on aging” is the
federal agency, which is a part of the United States department of health and
human services, charged with the responsibility of implementing the Older
Americans Act.
(2) “Advocacy” is defined as
non-lobbying activities designed to create change in legislation and policies
which benefit both individuals and groups of individuals.
(3) “Area
plan” is a document submitted by an area agency on aging to the department
which provides for the provision of services and centers to meet the needs of
older individuals in the planning and service area(s) administered.
B. Definitions Beginning with “B”: [RESERVED]
C. Definitions Beginning with “C”:
(1) “Conflicts of interest” means:
(a) one or more conflicts between the
private interests and the official responsibilities of a person in a position of trust;
(b) one or more conflicts between
competing duties of an individual, or between the competing duties, services,
or programs of an organization, or portion of an organization; and
(c) other conflicts of interest
identified in guidance issued by the assistant secretary.
(2) “Corporation
for national and community service” (CNCS) is the federal agency that
administers federal domestic volunteer programs.
(3) “Cost sharing” means requesting
payment using a sliding scale, based on an individual’s income and the cost of
delivering the service, in a manner consistent with the exceptions,
prohibitions, and other conditions laid out in the Act.
D. Definitions Beginning with “D”:
(1) “DAB” means the departmental
grant appeals board of the United States department of health and human
services as described and defined in 45 C.F.R. Sections 1 and 2.
(2) “Department” as used in these
rules means the New Mexico Aging and Long-Term Services Department.
(3) “Domestically
produced foods”
means agricultural foods, beverages and other food ingredients which are a
product of the United States, its territories or possessions, the Commonwealth
of Puerto Rico, or the Trust Territories of the Pacific Islands (hereinafter
referred to as “the United States”), except as may otherwise be required by
law, and shall be considered to be such a product if it is grown, processed,
and otherwise prepared for sale or distribution exclusively in the United
States except with respect to minor ingredients. Ingredients from nondomestic
sources will be allowed to be utilized as a United States product if such
ingredients are not otherwise:
(a) produced in the United States; and
(b) commercially available in the United
States at fair and reasonable prices from domestic sources.
E. Definitions Beginning with “E”: [RESERVED]
F. Definitions Beginning with “F”: “Family caregiver” means an adult family
member, or another individual, who is an informal provider of in-home and
community care to an older individual; an adult family member, or another
individual, who is an informal provider of in-home and community care to an
individual of any age with Alzheimer’s disease or a related disorder with
neurological and organic brain dysfunction; or an older relative
caregiver. For purposes of this part,
family caregiver does not include individuals whose primary relationship with
the older adult is based on a financial or professional agreement.
G. Definitions Beginning with “G”: [RESERVED]
H. Definitions Beginning with “H”: [RESERVED]
I. Definitions Beginning with “I”: “Indian tribal organization” is the
recognized governing body of any Indian tribe or any legally established
organization of Indians which is controlled, sanctioned, or chartered by the
governing body.
J. Definitions Beginning with “J”: [RESERVED]
K. Definitions Beginning with “K”: [RESERVED]
L. Definitions Beginning with “L”: [RESERVED]
(1) “Long-term care ombudsman” (LTCO)
means an individual trained and certified to act as a representative of the
office of the state long-term care ombudsman.
(2) “Low income” is defined as
having an annual family income at or below one hundred twenty five percent of
the federal poverty level.
M. Definitions Beginning with “M”:
(1) “Major disaster
declaration”
means a presidentially declared disaster under the Robert T. Stafford Relief
and Emergency Assistance Act (42 U.S.C. Sections 5121 through 5207).
(2) “Means test” means the use of
the income, assets, or other resources of an older person, family caregiver, or
the households thereof to deny or limit that person’s eligibility to receive
services under this part. Means tests shall
be prohibited in determining eligibility for any services administered by the
department or its designees.
(3) “Minorities” are individuals
who are of Hispanic, Native American Indian (including Hawaiian and Eskimo),
African-American, or Asian heritage.
N. Definitions Beginning with “N”:
(1) “Native American” means a person
who is a member of any Indian Tribe, band, nation, or other organized group or
community of Indians (including any Alaska Native village or regional or
village corporation as defined in or established pursuant to the Alaska Native
Claims Settlement Act (43 U.S.C. Section 1601 et seq.) who:
(a) Is recognized as eligible for the
special programs and services provided by the United States to Indians because of
their status as Indians.
(b) Is located on, or in proximity to, a federal or state
reservation or rancheria; or is a person who is Native Hawaiian, who is any
individual any of whose ancestors were natives of the area which consists of
the Hawaiian Islands prior to 1778.
(2) “Nutrition
Services Incentive Program” means grant funding to state agencies, eligible
tribal organizations, and Native Hawaiian grantees to support congregate and
home-delivered nutrition programs by providing an incentive to serve more
meals.
O. Definitions Beginning with “O”:
(1) “Older
Americans Act” means the Older Americans Act of 1965, 42 U.S.C. Sections
3001-3058.
(2) “Older relative
caregiver”
means a caregiver who is age 55 or older and lives with, is the informal
provider of in-home and community care to, and is the primary caregiver for a
child or an individual with a disability, and
(a) in the case of a caregiver for a
child, is:
(i) the grandparent, step-grandparent,
or other relative (other than the parent) by blood, marriage, or adoption, of
the child;
(ii) the primary caregiver of the child
because the biological or adoptive parents are unable or unwilling to serve as
the primary caregivers of the child; or
(iii) has a legal relationship to the child,
such as legal custody, adoption, or guardianship, or is raising the child
informally; and
(b) in the case of a caregiver for an
individual with a disability, is the parent, grandparent, step-grandparent, or
other relative by blood, marriage, or adoption of the individual with a
disability.
P. Definitions Beginning with “P”:
(1) “Participants”
are individuals who are eligible to receive services or to participate in
particular programs administered by the department or its designees.
(2) “Policies and
procedures”
is the aging and long-term services department’s policies and procedures
guide. The policies and procedures
provide detailed information for the successful administration of the
department’s mission and the requirements and procedures necessary for the
management of its programs, services, partnerships, and the systems it has
established for the benefit of older individuals. The policies and procedures also detail the
federal requirements mandated by the Older Americans Act of 1965 and its
implementing regulations.
(3) “Private pay
programs”
are a type of contract or commercial relationship and are programs, separate
and apart from programs funded under the Act, for which the individual consumer
agrees to pay to receive services under the programs.
(4) “Program income” means gross
income earned by the non-federal entity that is directly generated by a
supported activity or earned as a result of the federal award during the period
of performance except as otherwise provided under federal grantmaking
authorities. Program income includes,
but is not limited to, income from fees for services performed, the use or
rental of real or personal property acquired under federal awards, the sale of
commodities or items fabricated under a federal award, license fees and
royalties on patents and copyrights, and principal and interest on loans made
with federal award funds. Interest earned on advances of federal funds is not
program income. Except as otherwise
provided in federal statutes, regulations, or the terms and conditions of the
federal award, program income does not include rebates, credits, discounts, and
interest earned on any of them. See also 35 U.S.C. Sections 200 to 212 (which
applies to inventions made under federal awards).
(5) “Provider”
means an entity that is awarded funds, including via a grant, subgrant,
contract, or subcontract, to provide direct services under the state or area
plan.
Q. Definitions Beginning with “Q”: [RESERVED]
R. Definitions Beginning with “R”:
(1) “Reservation” means any
federally or state recognized American Indian tribe’s reservation, pueblo, or
colony, including former reservations in Oklahoma, Alaska Native regions
established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C.
Section 1601 et seq.), and Indian allotments.
(2) “Right
of first refusal” is a provision in the Older Americans Act which requires
the department to give priority to public agencies or units of general purpose
local government when designating area agencies on aging.
S. Definitions Beginning with “S”:
(1) “State
ombudsman” means the individual who heads the office and is responsible to personally,
or through representatives of the office, fulfill the functions,
responsibilities, and duties set forth in 45 C.F.R. Sections 1324.13 and
1324.19.
(2) “State
plan on aging” or “state plan” is a document submitted by the state in
order to receive grants from its allotments under the Older Americans Act.
(3) “Supplemental
foods”
means foods that assist with maintaining health but do not alone constitute a
meal. Supplemental foods include liquid nutrition supplements or enhancements
to a meal, such as additional beverage or food items, and may be specified by
state agency policies and procedures. Supplemental foods may be provided with a
meal, or separately, to older adults who participate in either congregate or
home delivered meal services.
T. Definitions Beginning with “T”: [RESERVED]
U. Definitions Beginning with “U”: “Unit of general purpose local government”
means a political subdivision of the state whose authority is general and not
limited to one function or combination of related functions, or an Indian
tribal organization.
V. Definitions Beginning with “V”: “Voluntary contributions” means donations
of money or other personal resources given freely, without pressure or
coercion, by individuals receiving services under the Older Americans Act and
its implementing regulations.
W. Definitions Beginning with “W”: [RESERVED]
X. Definitions Beginning with “X”: [RESERVED]
Y. Definitions Beginning with “Y”: [RESERVED]
Z. Definitions Beginning with “Z”: [RESERVED]
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9.2.1.8 Basic requirements:
A. These rules
apply to all functions and responsibilities required under the state plan on
aging in carrying out Older Americans Act programs.
B. The department,
all area agencies on aging, grantees and subgrantees, contractors, and
subcontractors of funds administered by the department shall adhere to these
rules and shall adhere to the regulations promulgated under the Older Americans
Act. Additional terms and requirements
not contained in these rules may be identified in contracts or grant awards.
C. Amendments to the Older Americans
Act, any regulations promulgated thereunder, and state statutes may override
these rules pending adoption of revised or new rules.
D. In the absence
of department rules, federal laws, rules, and regulations shall apply, as
appropriate, to federal funds or to state funds used to match or supplement
federal funds. In a like manner, state
statutes shall apply to state funds not governed by federal requirements.
E. The department, all area agencies on aging, grantees and
subgrantees, contractors and subcontractors of funds administered by the
department shall, where applicable, comply with the Civil Rights Act of 1964,
42 U.S.C. Section 2000(e); the Americans
with Disabilities Act of 1990, 42 U.S.C. Sections 12101 to 12103;
Nondiscrimination Under Programs Receiving Federal Assistance Through the
Department of Health and Human Services, 45 C.F.R. Section 80; and
Nondiscrimination on the Basis of Handicap in Programs or Activities Receiving
Federal Financial Assistance, 45 C.F.R. Section 84.
F. State
agency policies and procedures:
The State agency
on aging shall develop policies and procedures governing all aspects of
programs operated as set forth in these rules.
These policies and procedures shall be developed in consultation with
area agencies on aging, program participants, and other appropriate parties in
the state. Except for the ombudsman
program as set forth in 45 C.F.R. Section 1324(A) and where otherwise
indicated, the state agency policies may allow for such policies and procedures
to be developed at the area agency on aging level.
G. Emergency and disaster requirements:
(1) The department shall establish
emergency plans as set forth in 42 U.S.C. 3027(a)(28).
(2) Area agencies on aging shall
establish emergency plans which include:
(i) the area agency’s continuity of
operations plan and an all-hazards emergency response plan based on completed
risk assessments for all hazards and updated annually;
(ii) a description of coordination
activities for both development and
implementation of
long range emergency and disaster preparedness plans; and
(iii) other information as deemed appropriate
by the area agency on aging.
H. Conflicts of interest:
The State Agency on Aging shall develop policies and procedures
regarding conflicts of interest, in accordance with the Act (42 U.S.C. Section
3058g(f)) and all other applicable federal requirements (45 C.F.R. Section
1324.21). These policies and procedures must safeguard against conflicts of
interest on the part of the state agency, employees, and agents of the state
who have responsibilities relating to Title III programs, including area
agencies on aging, governing boards, advisory councils, staff, and volunteers. Conflicts of interest policies and procedures
must establish mechanisms to identify, avoid, remove, and remedy conflicts of
interest in a Title III program at organizational and individual levels.
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HISTORY OF 9.2.1
NMAC:
Pre-NMAC History:
The material in this part was derived from that previously filed with
the State Records Center:
SAA Rule No. 95-1,
General Provisions, filed 4/13/1995.
History of the Repealed Material:
SAA Rule No. 95-1,
(filed 4/13/1995) - Repealed 6/30/2015.
9.2.1 NMAC,
General Provisions (filed 6/17/2015) Repealed effective 09/23/2025.
Other: 9.2.1 NMAC, General Provisions (filed
6/17/2015) Replaced by 9.2.1 NMAC, General Provisions effective 09/23/2025.