N.M. Code R. § 9.2.8.11 - WAIVER OF THE REQUIREMENT
A. The
department may waive the requirement if:
(1)
An approved plan is in place to ensure that access services, in-home services,
and legal assistance are available throughout the planning and service area(s);
or
(2) An area agency on aging
requests a waiver and documents that access services, in-home services, and
legal assistance are being furnished and are sufficient to meet the need in the
planning and service area(s) administered.
B. Waiver requests may be included as part of
an area plan or area plan amendment. After the initial approval of a waiver,
renewal requests must be submitted to the department as part of an area
plan.
C. To support an initial
request for a waiver, an area agency on aging must provide the following
information and documentation for each category of service for which a waiver
is desired:
(1) A description of the needs
assessment conducted by the area agency on aging to determine the service needs
of older persons in the planning and service area(s), including a description
of the identified needs;
(2) A list
of service providers in the planning and service area(s) that are providing the
adequate proportion services for which a waiver is being requested, including
the following:
(a) service(s) being provided
by each service provider;
(b)
eligibility criteria for each service;
(c) level and sources of funding;
(d) number of units of service and
unduplicated number of older individuals receiving service for the current
fiscal year; and
(e) number of
projected units of service and unduplicated number of older individuals
projected to receive service during the fiscal year for which the waiver is
being requested;
(3)
Documentation of public hearing(s) including, but not limited to the following:
(a) public announcement of the public
hearing(s);
(b) specific
notification sent to all interested parties;
(c) list of the interested parties sent the
notification;
(d) record of the
proceedings of the public hearing(s); and
(e) attendance roster(s) from the public
hearing(s).
D.The department will review all requests for
waivers based on the following:
(1)The
submission of all the required information and documentation;
(2) Documentation of needs assessment
findings which resulted in the decision to request a waiver, to include the
following:
(a) needs assessment
methodology;
(b) source of data,
including any secondary sources; and
(c) summary of statistical data indicating
needs, to include target populations;
(3) Documentation of the adequacy of the
service delivery system in the planning and service area, to include:
(a) documented level of need for the service
for which a waiver is being requested;
(b) service level being provided by area
agency on aging service providers, including units of service, unduplicated
number of persons being served, and level of funding; and
(c) any documented unmet need for the
service.
Notes
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