N.M. Admin. Code § 9.4.21.16

Current through Register Vol. 35, No. 21, November 5, 2024

Section 9.4.21.16 - TRANSFER OF PROTECTED PERSON FROM A PRIVATE PAY GUARDIANSHIP TO A PROGRAM FUNDED THROUGH THE NMDDPC OFFICE OF GUARDIANSHIP

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.

N.M. Admin. Code § 9.4.21.16

9.4.21.16 NMAC - N, 4/14/2006; A, 9/15/11