Current through Register Vol. 35, No. 18, September 24, 2024
A. The
state agency on aging (state agency) must approve the provision of corporate
eldercare services proposed by the area agency prior to the delivery of the
service.
B. An area agency which
engages in corporate eldercare and/or private case management services must:
(1) assure that all activities conform with
the responsibilities of the area agency as described in the Older Americans
Act, as amended, and the laws, regulations and policies of the state of New
Mexico;
(2) assure that preference
in receiving services will not be given to particular older individuals as a
result of a contract or commercial relationship;
(3) focus on the needs of older persons in
greatest need, with particular attention to low-income minority older persons,
and engage only in activities which are consistent with its statutory mission
and related state policy;
(4)
maintain the integrity and public purpose of services provided, and service
providers under the area plan, in all contracts or arrangements;
(5) disclose to the state agency and the
commissioner of the U.S. administration on aging the identity of each
non-governmental entity with which the area agency has a contract or commercial
relationship relating to providing any services to older individuals and the
nature of such contract or relationship;
(6) demonstrate that a loss or diminution in
the quantity or quality of the services provided, or to be provided under the
area plan has not resulted and will not result from such contract or
relationship;
(7) demonstrate that
the quantity or quality of the services provided in the area plan will be
enhanced as a result of such contract or relationship;
(8) on request from the state agency or the
commissioner, for the purpose of monitoring compliance with the act (including
conducting an audit), disclose all sources and expenditures of funds received
or expended to provide such services;
(9) not use Title III funds and related
matching funds (or other public funds) to pay any of the cost (including AAA
administrative costs) to provide corporate eldercare services;
(10) when entering into an eldercare
contract, must assure, and include in its contract, that payment received from
private third parties such as corporations fully covers, at a minimum, the cost
of the services provided including the cost of administration and
overhead;
(11) establish and
maintain appropriate fiscal controls to provide separate accountability of
public funds from funds received from a private corporation or other third
party under a corporate eldercare contract, and shall account for private
contract revenues and expenditures separately from federal and state funds
awarded under the approved area plan;
(12) submit for state agency approval a cost
allocation plan;
(13) provide
documented assurances that public funds are not used to supplement third party
payments made by a corporation under an eldercare contract;
(14) must include the results of all
financial activity in their audited financial statements;
(15) describe the area agency's approach to,
plans for and current involvement with corporate eldercare in the area plan or
any amendment to the area plan;
(16) include in their area plan, and
amendments thereof, an exhibit describing their relationships with the
employer, insurance company or brokering organization, services rendered to
older persons as a consequence of these agreements or contracts; and a signed
statement of assurance of compliance with this policy;
(17) when proposing to furnish corporate
eldercare services prior to the area plan or revision:
(a) obtain approval from the area agency
governing board or entity;
(b) hold
a public hearing on the proposed service and the impact on the area agency and
the community;
(c) furnish the
state agency with a service delivery plan and budget; and
(d) obtain approval from the state agency
prior to entering into a contract to provide corporate eldercare;
(18) must assure that any
involvement in providing corporate eldercare will not adversely impact upon or
in any way create a conflict of interest or the appearance of a conflict of
interest with the ability of the area agency to carry out its statutory
mission;
(19) treat information
collected and produced under any corporate eldercare contract, and all records
maintained, the same as other information collected under the area plan and
shall be available for review by the state agency and must be provided to the
state agency upon request; and
(20)
maintain the confidentially of all information collected on individual clients
which is confidential.
C. The provisions above do not constrain the
area agency from utilizing OAA Title III B or state funds to develop new
resources and coordinate services to develop other eldercare and private case
management services systems in its planning and service area.
D. Area agencies shall establish service
standards including response time, caseloads, and waiting lists to assure that
older persons in greatest need, specifically low-income, minority persons are
appropriately served with the available federal and state funding. Whenever it
is determined by the state agency that the responsibilities of the employer,
insurance company or brokering agent contracts are inhibiting the area agency
in its ability to meet its adopted service standards, or to fulfill its
statutory mission as an area agency, the area agency will initiate immediate
corrective action, or will terminate its contract with an employer, insurance
company or brokering agent within 60 days.
