N.M. Admin. Code § 8.371.5.10
Current through Register Vol. 35, No. 21, November 5, 2024
Section 8.371.5.10 - AVAILABILITY OF SUPPORTS, SERVICES AND FUNDS AND DDSD APPROVALSA. The case manager assures that identification of potential supports and services for the individual by the IDT is undertaken without regard to the cost of the supports and services or whether they are actually available at that time in the community. If needed supports and services are not available this shall be reported to the DDSD regional office by the case manager.B. For individuals who are not Jackson class members, in specifying the supports and services in the ISP required to be provided, the IDT, exercising professional judgment, may take into account the availability of supports and services. If supports or services are identified in the ISP, but not required to be provided in the exercise of professional judgment taking into account the availability of services, the IDT shall promptly submit a list of these unavailable supports and services to the DDSD. The DDSD shall use these lists to identify appropriate community resource needs and develop strategies to add community supports and services for persons with developmental disabilities, subject to appropriations for this purpose.C. For Jackson class members, the ISP shall include the supports and services identified by the IDT.D. The ISP for individuals who are on the developmental disabilities medicaid waiver, including Jackson class members, must be reviewed and approved by the DDSD, as to the cost of the individual's ISP, and aggregate costs of ISPs, and as to compliance with medicaid regulations and DDSD standards. If the DDSD does not approve the ISP because of cost or non-compliance with DDSD standards, the ISP will be returned to the IDT with appropriate instructions to develop an ISP that meets requirements and is within the DDSD's budget parameters. The ISP for these individuals will not be implemented unless and until it is approved by the DDSD.E. Because cost limitations are established upfront in the contracting process for persons funded solely by state general funds, the above ISP review and approval process (per Subsection D of 8.371.5.10 NMAC above) is not required. The DDSD reserves the right to conduct on-site reviews for compliance with applicable policy and regulation.N.M. Admin. Code § 8.371.5.10
Adopted by New Mexico Register, Volume XXXV, Issue 12, June 25, 2024, eff. 7/1/2024