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 a New Mexico county commission or qualified service providers to assist counties in the provision of critical maternal and child health services in underserved areas of the state. Such efforts must be consistent with priorities set out in the Act. All applicable division and department procurement procedures and the New Mexico Procurement Code will be followed.

(1) The department shall award contracts for county maternal and child health services based upon:
(a) the amount of legislatively appropriated funds for the purpose of carrying out the provisions of the County Maternal and Child Health Plan Act;

(b) the county's need for services as measured in the plan by:
(i) common and accepted maternal and child health indicators, including but not limited to:
a) infant and child mortality and morbidity indicators,

b) maternal mortality and morbidity indicators,

c) adolescent pregnancy rates, and d) MCH provider availability and capacity;

(ii) the county's demonstration that services in its maternal and child health plan conform to the comprehensive outline of community-based MCH services described in Subsection D of Section 5, 24-1B-5, NMSA 1978 of the County Maternal and Child Health Plan Act.

(2) The department will monitor and evaluate the performance of the contractor to ensure compliance with the intent of the Act.

(3) The department will publish definitions of services that set an acceptable minimum standard for the services provided.

B. Eligibility: In order to contract for service provision or evaluation of such services 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 or a qualified organization or individual provider of services providing a service identified as needed in the county MCH Plan;

(2) it must be in a county which has a current division approved county maternal and child health plan according to the provisions of the Act;

(3) it must have the capability to carry out the purposes of the Act, including qualified professional staff;

(4) it must be an entity whose director, employees, contractors or board members do not serve in an executive or decision making capacity on the county MCH council;

(5) It must have received the written endorsement of the county MCH Council and of the written approval of the board of county commissioners of the county in which services are proposed;

C. Eligible items of expenditure: Funds made available for provision of health care services under the Act may be used for the following types of expenditures:

(1) salaries and benefits for employees of the Contractor;

(2) purchase of supplies;

(3) purchase, repair and/or maintenance of equipment;

(4) mileage and per diem expenses according to the department of finance and administration rule 90-2, Section 7 [now 2.42.2 NMAC];

(5) professional services contracts;

(6) advertising expenses to attract interested MCH provider candidates;

(7) malpractice insurance premiums;

(8) other approved general operating expenses;

D. Ineligible items of expenditures: Costs which are not eligible for funding include:

(1) land;

(2) building and construction;

(3) emergency medical services personnel, training or equipment;

(4) school nurses;

(5) in patient hospital care;

(6) debt amortization.

E. 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 participate in data collection, needs and capacities assessment, and monitoring and evaluation in coordination with the department's efforts in this arena;

(4) Payment of all funds under the Act is subject to division approval of all invoices and/or reports.

F. Selection of Providers: The contractor must conduct all employment and professional services contracting activities based upon the following considerations:

(1) All providers shall be considered on an equal opportunity basis according to state and federal laws and regulations which prohibit discrimination;

(2) All candidates must be licensed or certified in New Mexico in accordance with the applicable laws and regulations of the appropriate professional governing boards or licensing agencies.

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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