N.M. Admin. Code § 9.4.20.22

Current through Register Vol. 35, No. 23, December 10, 2024

Section 9.4.20.22 - RESIDENTIAL ACCESSIBILITY MODIFICATION PROGRAM

GCD will provide residential accessibility modifications to New Mexicans with disabilities, in accordance with policies and procedures as approved by the commission.

A.Eligibility: Applicants must meet all the following eligibility criteria:

(1) Must be a citizen of the United States of America;

(2) must be a resident of New Mexico for at least six months;

(3) must have a physical disability documented by receipt of Social Security Disability Benefits e.g. Social Security Disability Income, other federally issued benefits or a statement from a physician;

(4) must have applied for another appropriate and available residential modification community resource leaving the RAMP as the payer of last resort;

(5) Taxable or reportable income must be within two-hundred fifty percent of the most current federal poverty income eligibility guidelines for medicaid and children's health insurance program.

B.Application process: All completed applications must be returned, by United States mail, private carrier, or in person, with original signatures. Where providing an original signature is impossible or impractical, GCD staff may elect to accept an electronic or digital signature or a legally acceptable alternative, such as those accepted by the State of New Mexico and its agencies. GCD will accept the following types of applications:

(1) Regular applications containing all information needed for a decision on eligibility and need for service.

(2) Emergency applications may be submitted only by an independent living center or department of health developmental disabilities support division. The emergency must be such that an individual will likely be placed in an institutional setting within the next 30 days if action is not taken immediately.

C.Application review: All applications will be reviewed and evaluated by a review committee made up of GCD staff members, who will meet to determine which of the completed applications will be pre-approved to contract for good and services. The applications will be rated based on the information the applicant provides.

D.Review committee: The RAMP review committee will meet and determine which of the completed applications will be pre-approved to contract for goods and services.

E.Appeal process: If an applicant is denied services from RAMP, a written request for reconsideration may be made to the director of GCD and received within 30 calendar days from the date on the denial letter.

F.Construction contractor:

(1) Qualifications: The contractor must:

(a) Verify that the contractor and any subcontractors utilized are licensed and bonded in the state of New Mexico.

(b) Demonstrate knowledge and have a work history that shows the ability to:

(i) Interpret the principles and practices of architecture; building codes and standards; building materials and construction methods; and structural, mechanical, plumbing and electrical systems;

(ii) interpret architectural working drawings and specifications to ensure compliance with all laws, rules, and standards of the state of New Mexico, including the federal, state and local building codes;

(iii) understand and implement contracting practices and procedures, construction costs, estimating and knowledge of comparable costs to accomplish the adaptations;

(iv) incorporate architectural design, standards and technical data relating to design and construction; and

(v) interpret, implement and ensure that applicable guidelines are followed in all environmental adaptations when applicable to the client's needs.

(2) Responsibilities. The contractor is responsible for:

(a) Providing an itemized price quote to GCD staff within 10 calendar days from receipt of plans and scope of work;

(b) commencing work on a project within 10 calendar days of receipt of notice to proceed letter;

(c) attending RAMP project preliminary construction meetings with the client or client's representative and GCD staff;

(d) providing consultation to client or representative and subcontractors regarding RAMP modifications throughout the construction process;

(e) obtaining all necessary permits as required by local and state laws;

(f) meeting reasonable timelines for completion of RAMP projects;

(g) completing all modifications within four weeks. A waiver of the time period must be sought from GCD if extraordinary circumstances prevent the contractor from meeting this requirement. Issues surrounding extraordinary circumstances resolution may occur in person, via US mail, fax or electronic mail;

(h) completing all project work to GCD satisfaction;

(i) Participating in project meetings which can occur in person or via electronic media with GCD staff; and

(j) providing a minimum one-year written warranty of the work completed, including materials and labor to GCD and the client or the client's representative.

G.Reimbursement procedures:

(1) All RAMP service providers must maintain all records necessary to fully disclose the costs, service, quality and quantity of materials necessary for RAMP project. The records must be sufficiently detailed to substantiate the date, project name, and nature of services.

(2) Two business days prior to completion of work, contractor shall contact GCD staff. Upon completion, contractor shall submit written notice by electronic mail or fax stating project is complete and ready for final inspection and approval.

(3) Upon final approval contractor shall submit a completed GCD generated invoice with the following information:

(a) Governor's commission on disability purchase order number indicated;

(b) contractor's name and address;

(c) residential accessibility modifications program project name and address;

(d) original contract awarded amount;

(e) change order information, if any were approved;

(f) contractor to sign and date the invoice;

(g) must provide an invoice number; and

(h) addressed to the main office of GCD.

(4) Contractor must complete work to GCD satisfaction, withholding or denial of payment may occur if (a) the client or the client's representative files a written dispute to GCD regarding the quality of work completed and (b) GCD agrees with the complaint.

H.Report to governor's commission on disability commission: A project tracking spreadsheet will be provided to the commission at each commission meeting. An annual summary report will be provided to the commission at its annual meeting. The project tracking spreadsheet and annual summary report will contain the following information, but not limited to:

(1) Type of modification;

(2) location where the home modification took place;

(3) project budget; and

(4) the project construction start date; and

(5) the project completion date.

N.M. Admin. Code § 9.4.20.22

Adopted by New Mexico Register, Volume XXIX, Issue 24, December 27, 2018, eff. 12/27/2018