New Mexico Administrative Code
Title 9 - HUMAN RIGHTS
Chapter 2 - AGE
Part 9 - DIRECT SERVICES
Section 9.2.9.10 - TEST STANDARDS

Universal Citation: 9 NM Admin Code 9.2.9.10

Current through Register Vol. 35, No. 18, September 24, 2024

The department shall determine whether an area agency on aging shall be granted a direct service waiver based on the ability of the area agency on aging to document or demonstrate that, at a minimum, one (1) of the following test standards has been met.

A.Adequate supply test standard: this test standard requires the area agency on aging to demonstrate that service(s) are either not offered or are only partially available in the planning and service area. The adequate supply test is met when the area agency on aging provides documentation that it has not received any proposals to deliver the service(s) after the area agency on aging has:

(1) advertised the availability of funds;

(2) Written to bona fide service providers, inviting them to submit proposals; and

(3) Documented that attempts have been made to develop and encourage the establishment of service providers.

B. Administrative function test standard: this test standard requires the area agency on aging to identify the current specific administrative function(s) that relate to the service(s). The administrative function test is met when the area agency on aging provides documentation that:

(1) The proposed service(s) can be integrated into its administrative function(s);

(2) Such service delivery will not compete with or eliminate local efforts to provide the same service(s) in the area; and

(3) There is no conflict of interest in the provision of direct services by the area agency on aging.

C. More economic test standard: This test standard requires an area agency on aging to demonstrate that a service of comparable or higher quality will be provided by the area agency on aging at a unit rate at least ten percent (10%) lower than the lowest responsive applicant's proposed unit rate, or the amount of area agency on aging resources invested would be diminished or removed should another provider be designated, resulting in a greater demand for federal or state funds to maintain the current level of services. The more economic test standard is met when the area agency on aging provides documentation that:

(1) It can deliver the service(s) at a unit rate at least ten percent (10%) lower than the lowest responsive applicant's proposed unit rate, or its significant matching resources will be diminished or removed;

(2) It has implemented a method for open competitive bidding for selecting a service provider; and

(3) It has the ability to deliver services in a manner comparable in quality to the lowest responsive applicant's proposal.

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