New Mexico Administrative Code
Title 7 - HEALTH

Universal Citation: 7 NM Admin Code

Current through Register Vol. 35, No. 6, March 26, 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 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 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 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 NMAC], Definitions.

Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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