New Mexico Administrative Code
Title 9 - HUMAN RIGHTS
Chapter 4 - PERSONS WITH DISABILITIES
Part 21 - GUARDIANSHIP SERVICES
Section 9.4.21.18 - COMPREHENSIVE EVALUATIONS
Universal Citation: 9 NM Admin Code 9.4.21.18
Current through Register Vol. 35, No. 18, September 24, 2024
A. Depending upon the availability of funding and resources, and unless otherwise provided for by another agency or program, comprehensive evaluations for protected persons with contracted providers may be obtained through a referral to the NMDDPC office of guardianship by the contract guardian if the protected person appears to have made gains in her/his capacity or to be in need of increased protection or other such that a request for review of the guardianship by the court appears indicated.
B. Comprehensive evaluations will occur in the following manner:
(1) The comprehensive
evaluations will be done by the entity designated by the NMDDPC office of
guardianship.
(2) All contracted
guardianship providers will provide the names of their protected persons who
meet the criterion in Subsection A of this section at any time and upon request
by the NMDDPC office of guardianship. The referral process will be established
by the NMDDPC office of guardianship.
(3) The components of the comprehensive
evaluation will be determined by the designated entity after consultation with
the guardian.
(4) The designated
entity will set up the appointments.
(5) The contracted guardianship provider will
provide written authorization for the protected person selected for a
comprehensive evaluation.
(6) The
contracted guardianship provider will provide the following documents at a time
and place determined by the designated entity:
(a) name of the protected person, living
arrangements of the ward, day placement and daily activity, and relevant
contact information;
(b) medical
history and assessment history of the protected person that may come from other
state and federal programs such as the DD waiver program, medicaid, schools,
division of vocational rehabilitation, commission for the blind,
etc.;
(c) the current level of
guardianship, and;
(d) any
additional information requested by the designated entity relevant to the
comprehensive evaluation.
(7) These provisions are in addition to any
terms and conditions regarding comprehensive evaluations as set forth in the
contract between the NMDDPC office of guardianship and the contracted
guardianship provider.
(8) If a
protected person has undergone some part of the comprehensive evaluation within
the last three years, the contracted guardianship provider may request to
substitute that part of the evaluation for the report of the evaluation
undergone within the last three (3) years. The designated entity may deny the
request, based on professional judgment, it should not be substituted. If a
substitution is allowed, the contracted guardianship provider will provide the
report of that evaluation to the designated entity.
(9) If the contracted guardianship provider
has clear and convincing evidence that a protected person does not need an
evaluation, the contracted guardianship provider will provide to the NMDDPC
office of guardianship a short description explaining why the protected person
should not be evaluated.
(10) The
NMDDPC office of guardianship or its agent has the right to review the files
and records of any protected person under contract between the NMDDPC office of
guardianship and a contracted guardianship provider for the purpose of
determining whether the protected person should have a comprehensive
evaluation.
(11) If the NMDDPC
office of guardianship determines that a protected person should undergo an
evaluation, despite the justification provided in Paragraph (9) of Subsection B
of 9.4.21.18 NMAC, the NMDDPC office of guardianship will send a letter to the
contracted guardianship provider so stating ("Notice Letter"). If, after
receipt of the notice letter, the contracted guardianship provider does not
agree with the NMDDPC office of guardianship that a protected person should
undergo an evaluation, the following procedure will commence.
(a) Within ten (10) working days after
receiving the notice letter, the contracted guardianship provider will contact
the NMDDPC office of guardianship in writing with the basis for its
disagreement with the notice letter and during that same time period set up a
meeting at the office of the NMDDPC office of guardianship for the purpose of
attempting to resolve this issue. The contracted guardianship provider
attending the meeting must have full authority to resolve this issue. The
proposed location of the meeting will be at the office of the NMDDPC office of
guardianship at a day and time proposed by the NMDDPC office of guardianship.
The contracted guardianship provider may propose a different time and location.
The meeting must be held no more than thirty (30) days from the date of receipt
of the notice letter. If the parties cannot agreed on a location and time, the
NMDDPC office of guardianship may petition the court pursuant to Subparagraph
(d) of Paragraph (11) of Subsection B of 9.4.21.18 NMAC.
(b) If the parties come to an agreement, the
protected person may or may not undergo an evaluation depending on the
agreement reached by the parties.
(c) The NMDDPC office of guardianship will
confirm the outcome of the meeting by letter (outcome letter) within two
working days of the meeting between the parties.
(d) If there is no agreement, the NMDDPC
office of guardianship may, within fourteen (14) working days from the date of
the outcome letter, petition the court in which the guardian was appointed to
have the protected person evaluated.
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