New Mexico Register / Volume XXXVI,
Issue 14 / July 29, 2025
NOTICE OF RULEMAKING AND PUBLIC HEARING
Notice is hereby given that the Aging & Long-Term Services Department
(ALTSD) will hold a public hearing in person and via video conference regarding
proposed changes to the New Mexico Administrative Code (NMAC) rules. ALTSD proposes to amend the following rules: 9.2.2
NMAC and 9.2.20 NMAC; to repeal and replace the following rules: 9.2.1 NMAC, 9.2.3 NMAC, 9.2.4 NMAC, 9.2.5
NMAC, 9.2.6 NMAC, 9.2.7 NMAC, 9.2.11 NMAC, 9.2.13 NMAC, 9.2.14 NMAC, 9.2.15
NMAC, 9.2.16 NMAC, 9.2.17 NMAC, 9.2.18 NMAC, 9.2.19 NMAC, 9.2.21 NMAC, 9.2.22
NMAC, and 9.2.23 NMAC; and to repeal the following NMAC rules: 9.2.8 NMAC and
9.2.9 NMAC.
Legal Authority: Authority for the amendment of the rules is provided by Subsection E of Section 9-23-6 NMSA 1978, which states the following: “The secretary may make and adopt such reasonable procedural rules as may be necessary
to carry out the duties of the
department and its divisions.”
Public
Rule Hearing: The Department will hold a public hearing in
person and via Microsoft Teams on August 29, 2025 at
9:00 a.m. to take comments regarding the proposed amendments to the rules. To participate virtually, please use the meeting
ID below to attend the hearing on August 29, 2025 at
9:00 am MST.
Hearing Date and Time: August 29, 2025 at 9:00 am
Physical Location: Willie Ortiz Auditorium, 2600 Cerrillos Rd. Santa Fe,
NM 87505[PL1] .
To join Virtually:
Microsoft Teams Meeting ID: 250 285 104 629 6
Passcode: TN3jd9yr
Dial in by phone:
+1 505-312-4308,,228532417# United States,
Albuquerque
(888) 506-1357,,228532417# United States
(Toll-free)
Copies of the notice of rulemaking and proposed rule are available on the
New Mexico Sunshine Portal at https://ssp.nm.gov/ and on the
ALTSD website at https://www.aging.nm.gov/admin/admin-rules/
Public Comments: Interested parties may submit written comments to: Aging & Long-Term Services Department,
Office of the Secretary, ATTN: NMAC Revisions Public Comments, 2550 Cerrillos
Rd., Santa Fe, New Mexico 87505.
Interested persons may also send
comments via e-mail to: kathryn.farquhar@altsd.nm.gov. Written
mail and electronic mail must be received
no later than 5:00 p.m. MST on August 29, 2025. Written
comments will be given the same consideration as oral comments made at the public hearing.
All written comments received
will be posted as they are
received on the ALTSD
website at https://www.aging.nm.gov/admin/admin-rules/
along with the applicable register
and rule. The
public posting will include
the name and any
contact information provided by the commenter. All written comments will be posted on the
Department’s website within (3) three days of receipt.
If you are a person with a disability and you require this information in an alternative format or require an auxiliary aid or a
special accommodation to participate in the public hearing or to provide comments, please contact
ALTSD in Santa Fe at (505) 476-4799 or send your request via email to:
kathryn.farquhar@altsd.nm.gov. The Department requests at least ten (10) days advance
notice to provide requested alternative formats and special accommodations.
Copies of all comments will be made available by ALTSD upon request by providing copies directly to a
requestor or by making them available on the ALTSD website or at an ALTSD
location nearest to the county of
the requestor.
Summary: The proposed amendments to the rules clarify
federal and state requirements and address issues that have emerged since the March
15, 2024 update of the federal Older Americans Act
regulations, 45 C.F.R. §1321 and §1324.
The amended rules will provide guidance and aim to promote the appropriate stewardship
of resources in the administration
of the Older Americans Act and in
accordance with New Mexico and federal law. The purpose of
the proposed rules is to ensure that agencies and service providers comply with
the Older Americans Act and the federal regulations promulgated under that Act.
The proposed rules govern the administration and processes required to provide
services and programs for older individuals in New Mexico in alignment with the
Older Americans Act and the mission of the New Mexico Aging and Long-Term
Services Department.
In
addition to the revisions described below, changes have been made to comply
with current NMAC formatting requirements.
9.2.1
NMAC: The rule will be repealed and replaced with an updated version containing
a new “Definitions” section as well as sections addressing policies and
procedures, emergency and disaster preparedness, and conflicts of interest.
9.2.2
NMAC: The “Objective” section of the rule will be amended.
9.2.3
NMAC: The rule will be repealed and replaced by a new rule which contains updated
“Objective” and “Older Americans Act Services” sections. The rule will no
longer address voluntary contributions or cost sharing and fee scales.
9.2.4
NMAC: The rule will be repealed and replaced with a new rule addressing designation
of and changes to planning and service areas.
9.2.5
NMAC: The rule will be repealed and replaced with a new rule addressing the
designation of area agencies on aging including conflicts of interest
requirements and the coordination of Title III and Title VI programs.
9.2.6
NMAC: The rule will be repealed and replaced by a new rule with substantial
additions to the requirements of area agencies on aging including the administration
of the area plan.
9.2.7
NMAC: The rule will be repealed and replaced by a new rule which addresses new
federal regulations regarding de-designation of area agencies on aging and
ALTSD’s role should such a de-designation occur.
9.2.8
NMAC: Rule 9.2.8 NMAC, Adequate Proportion of Services, filed 6/30/2015, will
be repealed.
9.2.9
NMAC: Rule 9.2.9 NMAC, Direct Services, filed 6/30/2015, will be repealed.
9.2.11
NMAC: The rule will be repealed and replaced by a new rule containing an
updated “Objective” section and a new section addressing appeals will be added.
9.2.13
NMAC: The rule will be repealed and replaced by a new rule with an updated “Objective”
section and sections addressing the Gold Mentor Program will be removed.
9.2.14
NMAC: The rule will be repealed and replaced by a new rule containing a new
“Objective” section and formatting updates.
9.2.15
NMAC: The rule will be repealed and replaced by a new rule containing a new
“Objective” section and formatting updates.
9.2.16
NMAC: The rule will be repealed and replaced by a new rule containing a new
“Objective” section and formatting updates.
9.2.17
NMAC: The rule will be repealed and replaced by a new rule addressing new
federal standards and requirements of legal assistance providers as well as area
agency duties related to legal assistance providers.
9.2.18
NMAC: The rule will be repealed and replaced with a new rule addressing ALTSD’s
responsibilities in addressing nutrition services.
9.2.19
NMAC: The rule will be repealed and replaced by a new rule which updates the
definitions, sets forth the requirements and responsibilities of the state
long-term care ombudsman as well as ombudsmen employees and volunteers, and addresses
interference of long-term care facilities with ombudsman-related
responsibilities.
9.2.20
NMAC: The rule will be amended to reflect current NMAC formatting requirements.
9.2.21
NMAC: The rule will be repealed and replaced to include citations to statutes
and federal regulations.
9.2.22
NMAC: The rule will be repealed and replaced to reflect current NMAC formatting
requirements.
9.2.23
NMAC: The rule will be repealed and replaced to reflect current NMAC formatting
requirements.
To obtain an electronic copy of the full text of the proposed rules,
please visit: https://www.aging.nm.gov/admin/admin-rules/
To obtain the full text of the proposed rules in nonelectronic form,
please contact:
kathryn.farquhar@altsd.nm.gov. A reasonable fee may be charged to provide
any records in nonelectronic form. See Subsection B of 14-4-5.2 NMSA
1978[PL2] .