New Mexico Administrative Code
Title 8 - SOCIAL SERVICES
Chapter 371 - DEVELOPMENTAL DISABILITIES
Part 7 - (APPENDIX A) INDIVIDUAL TRANSITION PLANNING PROCESS
Section 8.371.7.32 - ACTIVITY 19: IMPLEMENTATION DECISION BY HEALTH CARE AUTHORITY

A. Within seven days of the completion of the DRP, if any, the health care authority shall inform the parties to the DRP in writing whether, on the basis of the cost of the individual's ITP or the aggregate costs of individual ITPs, or because the health care authority believes the ITP fails to satisfy constitutional or statutory requirement, it is unable to implement the ITP. If the decision was based on cost, the authority shall not implement the ITP until and unless they have sufficient funds to do so. The authority has the sole discretion to determine whether there are sufficient funds available to implement an ITP. The decision of the authority as to the allocation of funds to ITPs is final and not reviewable. The authority shall engage in good faith efforts to seek the necessary funds through the supplemental and regular budgetary process for the developmental disabilities division of the health care authority and the medicaid DD waiver program and through federal funding which might be available to these programs. Upon appropriation of funding determined by the authority to be sufficient, the TIDT or the community IDT, as appropriate, shall convene to review the final ITP in light of the individual's current circumstances and determine whether any changes should be made.

B. In the event the ITP is not implemented because of cost or because the authority believes the ITP fails to satisfy constitutional or statutory requirements, within 14 days of the completion of the DRP, the authority (with the assistance of its qualified professionals) shall prepare and mail to everyone specified in Activity 12, an interim plan which can be implemented immediately within available resources and which meets constitutional and statutory requirements; or the authority shall immediately request the reconvening of the TIDT and direct the team to develop an interim plan which can be implemented immediately. The interim plan shall be distributed within 14 days of its completion by the reconvened TIDT. Any party eligible to initiate a DRP of the original ITP may initiate a DRP of the interim plan pursuant to Section IV(E) of the DRP. However, the authority's decision regarding the allocation of resources to any ITP or interim plan is within the authority's sole discretion and is not reviewable in the DRP process.

C. If within 20 days of mailing the interim plan no party challenges the plan in a DRP, and the authority approves, the interim plan shall be implemented forthwith.