N.M. Code R. § 9.2.3.18 - CONTRIBUTIONS
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.
Notes
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