New Mexico Administrative Code
Title 9 - HUMAN RIGHTS
Chapter 4 - PERSONS WITH DISABILITIES
Part 21 - GUARDIANSHIP SERVICES
Section 9.4.21.14 - COMPLAINTS AGAINST A CONTRACTED PROVIDER WITH THE NMDDPC OFFICE OF GUARDIANSHIP
Current through Register Vol. 35, No. 18, September 24, 2024
A. A complaint shall be made in writing by the client or another person on behalf of the client, including but not limited to a friend, relative, advocate, or other interested person, such as a caregiver or provider. An exception to the requirement that a complaint shall be made in writing shall be made if a reasonable accommodation is necessary.
B. Except as provided in Subsection D of 9.4.21.14 NMAC, below, prior to filing a complaint against a provider contracting with the NMDDPC office of guardianship, individuals shall first try to resolve their complaints with the contracted provider through that provider's grievance process.
C. If the complaining party and contractor are unable to reach a resolution or agreement then the complaining party may file a complaint with the office of guardianship and may file a copy with the contractor.
D. Exceptions shall be made to Subsections A & B of 9.4.21.14 NMAC when the NMDDPC office of guardianship has reason to believe that an emergency situation exists or that a delay of the investigation could result in harm to the protected person or retaliation by the contractor.
E. The complaint should include as much information as possible, including the following:
F. The complaint made to the office of guardianship may be submitted by mail or fax unless a reasonable accommodation is necessary.
G. In order to preserve the confidentiality of the incapacitated person, the complaint shall be submitted to: The NMDDPC Office of Guardianship; 810 W. San Mateo, Ste. C; Santa Fe, NM 87505-4144; (505) 476-7324; (505) 476-7322 (Fax).
H. Upon receipt of a verbal or written complaint, the NMDDPC office of guardianship shall:
I. A determination decision shall be made within 60 working days after the complaint is filed with the NMDDPC office of guardianship unless a shorter time frame is required to protect the protected person.
J. A determination decision shall include:
K. Persons objecting to the process of the complaint investigation taken by the NMDDPC office of guardianship may file a grievance against the NMDDPC office of guardianship with the New Mexico human services department pursuant to 9.4.21.15 NMAC below.
L. None of these regulations restrict the due process rights of an individual to request a less restrictive guardianship or to overturn the decision of a guardianship contractor or the NMDDPC office of guardianship through a court of law.