New Mexico Administrative Code
Title 9 - HUMAN RIGHTS
Chapter 2 - AGE
Part 3 - ELIGIBILITY FOR AGING AND LONG-TERM SERVICES DEPARTMENT SERVICES
Section 9.2.3.18 - CONTRIBUTIONS
Current through Register Vol. 35, No. 18, September 24, 2024
Payment for services shall not be a condition for participation in any services funded with Older Americans Act funding.
A. Programs must provide each eligible participant with an opportunity to contribute, voluntarily and free from pressure, toward the cost of any provided service. Such contributions may include food stamps.
B. The area agency must establish and implement procedures which will protect the privacy of the participant's decision to contribute or not contribute toward the service rendered.
C. Under no circumstance may an eligible participant be denied service by a provider who receives funds from a designated area agency or the state agency to provide that service, because of a personal decision not to contribute for services.
D. Local service providers must determine suggested contribution levels taking into consideration the income ranges of eligible individuals which they are serving.
E. Area agencies must require that each provider post the suggested contributions at the entry point of the service premises and in a location(s) that is most convenient to the participants.
F. Specific requirements (such as means test, required membership fees, membership requirements or even the location of the facility) which discourage or prohibit the participation by certain groups of eligible persons are prohibited when state or federal funds are used to support any portion of the cost of the services, unless federal laws allow such requirements or the state agency has approved such allowance for programs or services funded solely with state funds, based on legislative intent. For example, means tests are applied in determining eligibility for the senior employment programs, foster grandparent program, and senior companion program.
G. Depending upon legislative intent, state statute or requirements of other federal agencies or programs, the state agency may allow programs to use sliding fee scales as a basis for charging fees for service. Such sliding fee scales must target free or low-cost participation to low-income older individuals. Such sliding fee scales must be approved by the state agency prior to implementation.
