New Mexico Register / Volume XXXVI,
Issue 18 / September 23, 2025
TITLE 9 HUMAN RIGHTS
CHAPTER 2 AGE
PART 6 AREA AGENCY ON AGING
REQUIREMENTS
9.2.6.1 ISSUING AGENCY: New Mexico Aging and Long-Term Services
Department (NMALTSD).
[9.2.6.1 NMAC -
Rp, 9.2.6.1, 09/23/2025]
9.2.6.2 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.
[9.2.6.2 NMAC -
Rp, 9.2.6.2, 09/23/2025]
9.2.6.3 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.
[9.2.6.3 NMAC -
Rp, 9.2.6.3, 09/23/2025]
9.2.6.4 DURATION: Permanent.
[9.2.6.4 NMAC -
Rp, 9.2.6.4, 09/23/2025]
9.2.6.5 EFFECTIVE DATE: September 23, 2025, unless a later date is
cited at the end of a section.
[9.2.6.5 NMAC -
Rp, 9.2.6.5, 09/23/2025]
9.2.6.6 OBJECTIVE: The objective of this rule is to establish
standards and responsibilities for the area agencies on aging.
[9.2.6.6 NMAC -
Rp, 9.2.6.6, 09/23/2025]
9.2.6.7 DEFINITIONS: See 9.2.1.7 NMAC for definitions.
[9.2.6.7 NMAC -
Rp, 9.2.6.7, 09/23/2025]
9.2.6.8 LEGAL REFERENCES: [RESERVED]
[9.2.6.8 NMAC -
Rp, 9.2.6.8, 09/23/2025]
9.2.6.9 AREA AGENCY ON AGING
STRUCTURE: An area agency on aging must:
A. administer Older
Americans Act and state programs within one or more designated planning and
service areas;
B. have a full-time,
qualified director and adequate qualified staff;
C. include a commitment of public, private, voluntary, and
personal resources committed to supporting the system;
D. involve collaborative decision-making principles that
include public, private, voluntary, faith-based, civic, and fraternal
organizations including trusted leaders of communities in greatest economic and
greatest social need, older individuals, and family caregivers in the
community; and
E. have a board of directors comprised of leaders in the
community, including leaders from groups identified as in greatest economic
need and greatest social need, who have the respect, capacity, and authority
necessary to convene all interested persons, assess needs, design solutions,
track overall success, stimulate change, and plan community responses for the
present and for the future.
[9.2.6.9 NMAC -
Rp, 9.2.6.9, 09/23/2025]
9.2.6.10 AREA AGENCY ON AGING
RESPONSIBILITIES: A designated area agency on aging, in
accordance with 45 C.F.R. Section 1321, shall:
A. Comply, as
applicable, with all federal and state statutes, rules and policies. In addition, a designated area agency on
aging may not engage in any activity which is inconsistent with its statutory
mission prescribed in the Older Americans Act or policies prescribed by the
department.
B. Coordinate
services for older persons in its planning and service area(s) and serve as an
advocate and focal point for older individuals within the area. This responsibility shall include having a
point of contact where anyone may go or contact for help, information, and
referral on any aging issue.
C. Plan and develop collaborative linkages; share
information; monitor and evaluate services; and lead the development of
comprehensive and coordinated community-based systems.
D. Develop a service
delivery system by contracting with other organizations to provide services to
older individuals. The role of an area
agency on aging is to engage in area-wide planning and development and to purchase
needed services. An area agency on aging
shall not provide direct services to older individuals, except where, in the
judgment of the department, the area agency on aging has demonstrated that.
(1) the provision of such services by an
area agency on aging is necessary to assure an adequate supply of such
services; or
(2) such services are directly related to
the area agency on aging’s administrative function(s); or
(3) such services of comparable or higher
quality can be provided more economically by the area agency on aging;
E. Conduct periodic public hearings on the effectiveness of
services and the needs of older adults in the area.
F. Furnish appropriate training and technical assistance to
providers of services in the area.
G. Develop and submit area plans and area plan amendments on
or before dates determined by the department, or as needed, to the department
for approval. Prior to department
submission, proposed area plans and plan amendments shall be submitted to the
agency’s advisory council for review and comment. Submissions of area plans and plan amendments
to the department shall be completed according to policies and guidelines
issued by the department and shall cover each planning and service area
administered. Proposed area plans and
area plan amendments, when relevant, must:
(1) be made available for a public review
and comment period of at least 30 calendar days unless a waiver is provided by
the department during an emergency or when a time sensitive action is
necessary;
(2) include objectively collected, and
where possible, statistically valid, data with evaluative conclusions
concerning the unmet need for supportive services, nutrition services,
evidence-based disease prevention and health promotion services, family caregiver
support services, and multipurpose senior centers. The area agency evaluations shall consider
all services in these categories regardless of the source of funding for the
services;
(3) be accessible to the public in a
public location and provided to the public in print by request;
(4) incorporate services which address the
incidence of hunger, food insecurity and malnutrition; social isolation; and
physical and mental health conditions;
(5) shall provide, to the extent feasible,
for the furnishing of services through self-directed care as defined in 42
U.S.C. Section 3002; and
(6) meet all of the requirements set forth
in 45 C.F.R. Section 1321.65;
H. Establish and support an advisory council. The advisory council shall carry out advisory
functions which further the area agency’s mission of developing and
coordinating community-based systems of services for all older individuals and
family and older relative caregivers specific to each planning and service
area.
(1) the
advisory council membership shall include individuals and representatives of
community organizations who will help to enhance the leadership role of the
area agency on aging in developing community-based systems of services. The advisory committee shall include:
(a) more
than fifty percent older persons age 60 years or older, including minority
individuals who are participants or who are eligible to participate in programs
under the Older Americans Act, with efforts made to include individuals
identified as in greatest economic need and greatest social need as defined in
42 U.S.C. Section 3002;
(b) representatives
of older persons;
(c) representatives of health care provider
organizations, including providers of veterans’ health care (if appropriate);
(d) representatives of supportive services
provider organizations, which may include legal assistance, nutrition,
evidence-based disease prevention and health promotion, caregiver, long-term
care ombudsman, and other service providers;
(e) persons
with leadership experience in the private and voluntary sectors;
(f) local
elected officials;
(g) the
general public;
(h) family caregivers;
(i) representatives
from Indian Tribes, Pueblos, or Tribal aging programs as available;
(j) older relative caregivers, including
kin and grandparent caregivers of children or adults age 18-59 with a
disability, as available; and
(k) additional membership as determined by
the department or the area agency on aging.
(2) the
advisory council responsibilities shall include advising the area agency on
aging relative to:
(a) all
matters relating to the development and administration of the area plan;
(b) conducting
public hearings;
(c) representing
the interest of older persons and family caregivers;
(d) reviewing
and commenting on community policies, programs and actions affecting older
persons and family caregivers with the intent of assuring maximum coordination
and responsiveness to older persons and family caregivers;
(e) service
provision and assisting in evaluation of such;
(f) policies,
programs and actions representing the interests of older persons and
encouraging the involvement of older persons;
(g) developing and administering the area
plan; and
(h) ensuring the plan is available to
older individuals, family caregivers, service providers, and the general
public.
(3) the
advisory council shall develop, implement and make public bylaws governing at
least the following:
(a) the
role and functions of the advisory council;
(b) the
number and characteristics of membership;
(c) the
procedures for membership selection; and
(d) the
procedures for the conduct of the advisory council’s business and activities,
including preventing conflicts of interest.
(4) the
advisory council shall review and comment upon the area plan and amendments
before transmittal to the department for approval.
(5) the advisory council shall not operate
as a board of directors for the area agency on aging. Individuals may not serve
on both the advisory council and the board of directors for the same entity.
I. Determine the extent of need for supportive services,
nutrition services and multipurpose senior centers, evaluate the effectiveness
of resources to meet such need and enter into agreements with providers of
services to meet the need.
J. Collaborate with public and private entities, including
adult protective services, involved in the prevention, identification and
treatment of abuse, neglect, and exploitation of older adults.
K. Comply with the requirements of its contract with the
department.
L. Set objectives for providing services to older adults with
the greatest economic or social needs, including minority adults with
low-incomes and older adults residing in rural and frontier areas.
M. Set objectives for providing services to caregivers of
older adults and older adult caregivers.
N. Identify and reach
populations in need and inform them of the availability of assistance. This responsibility includes the offer of
special help or targeted resources for the most vulnerable older individuals,
family caregivers, and those in danger of losing their independence.
O. If there is a
population of older Native American Indians in the service area, conduct
outreach activities to identify those individuals and inform them of the
availability of assistance. The area
agency on aging will comply with all Title III and Title VI coordination
responsibilities set forth in 45 C.F.R. Section 1321.69.
P. Establish a
grievance procedure for persons who are dissatisfied with or denied services;
Q. List the telephone number of the area agency on aging in
each telephone directory published in its service area(s).
R. Coordinate planning and delivery of transportation
services (including the purchase of vehicles) to assist older adults in the
service area(s).
S. Operate in an ethical and professional manner at all
times, including in the development of policies and procedures that are in
compliance with state agency policies and procedures as required in 45 C.F.R.
Section 1321.59. The area agency on
aging must have policies and procedures regarding conflicts of interest in
accordance with the Older Americans Act and 45 C.F.R. Section 1321.67.
T. Establish financial management systems in accordance with
federal and state requirements.
U. Implement a budget and systematic contracting process.
V. Respond, within established deadlines, to requests by the
department to implement specific corrective action as may be required.
W. Collaborate with the foster grandparent, senior companion,
and retired senior volunteer programs, the state health insurance program
(SHIP), long-term care ombudsmen, and the aging and disability resource center.
X. Provide information on a range of available public and
private long-term care services and support options and assure that these
options are readily accessible to all older individuals and family caregivers,
without regard to their income level.
Y. Provide effective referral from agency to agency to
assure that information and assistance is provided, no matter how or where
contact is made in the community.
Z. Evidence sufficient flexibility to respond with
appropriate individualized assistance, especially for vulnerable older
individuals or family caregivers.
AA. Be tailored to the specific nature of the community and the
needs of older adults in the community.
BB. Carry out the advocacy responsibilities described and
mandated under 45 C.F.R. Section 1321.61.
[9.2.6.10 NMAC -
Rp, 9.2.6.10, 09/23/2025]
9.2.6.11 WITHDRAWAL OF AREA
AGENCY ON AGING DESIGNATION: If the
department determines that an area agency on aging has not made progress
to correct any identified deficiency(ies), the
department may initiate the withdrawal of designation process or an area agency
on aging may voluntarily relinquish their designation, pursuant to 9.2.7 NMAC
and 45 C.F.R. Section 1321.
[9.2.6.11 NMAC -
Rp, 9.2.6.11, 09/23/2025]
9.2.6.12 AREA PLAN ADMINISTRATION: A designated area agency on aging must be
responsible for the area plan administration. In this context, the area plan
administration means funds used to carry out activities, as set forth in
Section 306 of the Older Americans Act (42 U.S.C. Section 3026), and other
activities to fulfill the mission of the area agency as set forth in 9.2.6 NMAC
and in 45 C.F.R. Section 1321.55, including development of private pay programs
or other contracts and commercial relationships. The resources made available to the area
agency on aging shall be used in accordance with this section to finance those
activities necessary to achieve the elements of a community-based system and
shall be used consistent with the requirements for the provision of direct
services as set forth in 45 C.F.R. Sections 1321.85 through 1321.93.
[9.2.6.12 NMAC -
N, 09/23/2025]
HISTORY OF 9.2.6
NMAC:
Pre-NMAC History:
The material in this part was derived from that previously filed with
the State Records Center:
SAA Rule No. 95-6,
Area Agency on Aging Requirements, filed 4/13/1995.
History of Repealed Material:
SAA Rule No. 95-6,
(filed 4/13/1995) - Repealed 6/30/2015.
9.2.6 NMAC, Area
Agency on Aging Requirements filed 6/17/2015 Repealed effective 09/23/2025.
Other: 9.2.6 NMAC, Area Agency on Aging Requirements
filed 6/17/2015 Replaced by 9.2.6 NMAC, Area Agency on Aging Requirements
effective 09/23/2025.