Current through Register Vol. 35, No. 18, September 24, 2024
A. Purpose: It is not the intention of the
NMDDPC office of guardianship to create a hardship on any private pay provider
of guardianship services in cases where resources are being exhausted, but in
order to work in a more collaborative fashion these procedures are being
developed to move the private pay protected persons into the state funded
program under the NMDDPC office of guardianship in a timely and reasonable
manner to minimize the impact on the protected person.
B. Requirements: In order to affect a
protected person's transfer to a program funded through the NMDDPC office of
guardianship, the private pay guardianship must do the following:
(1) obtain an application for services from
the NMDDPC office of guardianship and fill it out completely (failure to do so
will result in delay of transfer);
(2) the filing of the request for services
with the NMDDPC office of guardianship does not guarantee the request will be
granted;
(3) to be eligible for
transfer into this program, a protected person must be financially eligible for
institutional medicaid and medicaid in New Mexico;
(4) appropriate placement must be secured by
the private pay guardians for the protected person prior to transfer to a
publically funded guardian;
(5) all
necessary medical and other information regarding the protected person must be
provided to the new guardian in a timely manner;
(6) any original legal documents such as
birth certificates, social security cards, medicaid cards, etc. shall be turned
over to the new guardian upon appointment;
(7) legal fees for the transferring of the
case must be paid by the private provider (this would include the closing of
the conservatorship);
(8) if the
protected person has a conservatorship and no assets, then the conservatorship
must be closed prior to transfer; if the conservatorship cannot be closed for
some appropriate reason, then a complete accounting must be given to the NMDDPC
office of guardianship at the time of transfer;
(9) there must be a burial policy for the
ward; ownership is to be transferred by the private provider to the NMDDPC
office of guardianship's appointed guardian;
(10) these transfers will not be given any
priority status;
(11) the private
pay provider will agree to cooperate with the new guardian on matters,
including, but not limited to, providing any information the new guardian might
need, which may be in the possession of the private guardian;
(12) these transfers will be effectuated
according to NMSA 1978, Section
45-5-307.
