Current through Register Vol. 35, No. 18, September 24, 2024
A. Duty of
the department: The department may contract with boards of county commissioners
in New Mexico to assist counties in the creation and development of a Plan for
meeting the MCH service needs of the county. Such efforts must be consistent
with the requirements set out in the Act. All applicable division and
department procurement procedures and the New Mexico Procurement Code will be
followed.
(1) The department will monitor and
evaluate the performance of the contractor to ensure compliance with the intent
of the Act.
(2) The department will
publish definitions of services that set an acceptable minimum standard for the
services provided.
(3) The
department will develop a program and training materials for leadership
development which shall be made available to all MCH councils and their
contracted staff.
B.
Eligibility: - In order to contract pursuant to this part of the regulations,
the contractor must meet the following requirements:
(1) It must be a New Mexico board of county
commissioners;
(2) It must have the
capability to carry out the purposes described in Section 6, Objective [now
7.30.4.6 NMAC] including employment of and/or professional service contracts
with qualified professional staff;
(3) It must follow division procedures and
guidelines.
C. County
MCH council composition: The board of county commissioners shall create a
county maternal and child health council and appoint members that represent a
broad spectrum of interests that may include county officials, community-based
program providers, childbearing and parenting families, local school
administrators, local political leaders, employees of the income support
office, employees of the county field health office, maternal and child health
care providers, obstetricians, family physicians, nurses, mid-level providers
and hospital administrators. The membership shall also represent the geographic
areas and ethnic populations within the county. Council members who are, or
could be potential contractors or employees or independent contractors of a
potential contractor under Section 9.2.1 [now Paragraph (1) of Subsection B of
7.30.4.9 NMAC] must meet further requirements including:
(1) They should serve only in an advisory
capacity to the council;
(2) They
should not participate in executive decisions of the council relating to the
county MCH plan update, approval of proposals that are competing for a service
contract, awarding of contracts for which they have competed, internal
personnel decisions of contractors, and any other decision that can be
determined to constitute a conflict of interest or apparent conflict of
interest.
D. Eligible
items of expenditure: Funds made available under the Act may be used for the
following types of expenditures:
(1)
professional service contracts, including payment for gross receipts tax for a
coordinator of planning and for consultants as needed;
(2) purchase of office supplies and other
property under $500.00;
(3) mileage
for coordinator, consultants and council members according to guidelines
established by the department of finance and administration, DFA Rule 92-1,
Section 6 [now 2.42.2 NMAC];
(4)
per diem expenses for coordinator, consultants and council members according to
guidelines established by the department of finance and administration, DFA
Rule 92-1, Section 4 A-B, D-G and J-N [now 2.42.2 NMAC;
(5) advertising expenses to attract qualified
applicants for professional service contracts.
E. Ineligible items of expenditures: Costs
which are not eligible for funding include:
(1) land;
(2) building and construction;
(3) capital equipment and office furniture
and other property depreciated over a period of more than one year;
(4) debt amortization;
(5) salaries and fringe benefits for county
employees.
F. Reports:
The division shall monitor the performance of the contractor(s) to ensure
compliance with the intent of the act. The contractor shall submit to the
division the following reports on or before deadlines specified in the
contract.
(1) The contractor shall submit all
reports required by the division for payments including reports of costs
incurred by individual cost categories reflected in the contract
budget.
(2) The contractor shall
submit a quarterly narrative progress report which identifies all services
provided and activities performed according to the scope of work.
(3) The contractor shall submit a
comprehensive MCH plan on or before the specified deadline as required by the
contract and as defined in Section 7 [now 7.30.4.7 NMAC],
Definitions.
(4) The department
shall review, evaluate and approve or reject the county maternal and child
health plans based on its comprehensive inclusion of all components of maternal
and child health services in Section 7 [now 7.30.4.7 NMAC],
Definitions.
