New Mexico Administrative Code
Title 8 - SOCIAL SERVICES
Chapter 11 - ADULT PROTECTIVE SERVICES
Part 4 - ADULT SERVICES
Section 8.11.4.7 - DEFINITIONS

A. "Ability to consent" means an adult's ability to understand and appreciate the nature and consequences of the proposed protective services or protective placement, including the benefits, risks and alternatives to the proposed services or placement and to make or communicate an informed decision.

B. "Administrative hearing" is a formal process whereby a client receiving adult services can appeal a decision made by the department to modify or terminate services prior to the service plan's expiration date.

C. "Administrative review" is an informal process, which may include an informal conference or may include only a review of the existing file. The administrative review does not create any substantive rights for the client.

D. "Adult day care" is the provision of contractual day care services for functionally impaired adults who have been abused, neglected or exploited or are at continued risk of being abused, neglected or exploited. Services are delivered in a licensed facility that provides structure and supervision.

E. "Aggrieved person" is someone who has been determined by the department to be abused, neglected or exploited and who has had his or her adult service plan for attendant care, home care or day care denied, modified or terminated.

F. "Assessment" is a process of completing structured and non structured interviews to acquire an understanding of multiple levels of the adult's need and developing interventions within available resources, if appropriate.

G. "Attendant care" is the provision of temporary, non-medical personal care to a functionally impaired adult in his or her own home by a caregiver when no other service options exist.

H. "Eligibility" means the adult meets necessary criteria for adult services under this part.

I. "Emergency shelter/caregiver" is the placement of an adult in an appropriate facility or the use of a caregiver in the adult's home to provide a temporary protected environment.

J. "Functional impairment" is the inability of an adult to perform independently some or most activities of daily living or instrumental activities of daily living.

K. "Home care services" are the provision of direct or contractual non-medical personal care and light housekeeping services for adults who have physical or mental disabilities that cause a functional disability to meet their basic care or home maintenance needs and who otherwise meet the criteria established in these regulations.

L. "Incapacitated person" means any adult with a mental, physical, or developmental condition that substantially impairs the adult's ability to provide adequately for the adult's own care or protection.

M. "Secretary" is the secretary of the aging and long-term services department or the secretary's designee within the ALTSD.

N. "Service plan" a written, individualized plan defining specific services for a client in a specific time frame.