Section 27-13-6 – Report.
Annually by October 1, each department shall deliver a report to the legislative finance committee and the legislative health and human services committee on services provided pursuant to the Consumer Direction Act and a comparison of those services and services provided by the department through other means and an evaluation of the effectiveness and consumer […]
Section 27-13-7 – Fiscal intermediary; exemptions; workers’ compensation.
A. A fiscal intermediary shall not be subject to vicarious liability as an employer or principal for a wrongful act committed by a personal care attendant if the attendant: (1) is not a current or former employee of the fiscal intermediary; (2) has not received training or instruction from the fiscal intermediary with respect to […]
Section 27-13-1 – Short title.
This act [27-13-1 to 27-13-6 NMSA 1978] may be cited as the “Consumer Direction Act”. History: Laws 2003, ch. 210, § 1. ANNOTATIONS Effective dates. — Laws 2003, ch. 210, § 7 made the act effective July 1, 2003.
Section 27-13-2 – Purpose.
The purpose of the Consumer Direction Act is to ensure a consumer the right to direct his personal assistance services if he so chooses by selecting an attendant appropriate to his needs and to maximize personal assistance service availability and satisfaction. History: Laws 2003, ch. 210, § 2. ANNOTATIONS Effective dates. — Laws 2003, ch. […]
Section 27-13-3 – Definitions.
As used in the Consumer Direction Act: A. “attendant” means a person, including an allowable family member, who provides personal assistance services; B. “consumer” means a person receiving personal assistance services through any personal assistance programs offered by the state of New Mexico; C. “department” means any department or agency of the state offering personal […]
Section 27-13-4 – Consumer direction programs authorized.
Consistent with the federal Social Security Act and subject to the appropriation and availability of federal and state funds, each administering department or agency shall by rule provide a program permitting a consumer or surrogate to direct personal assistance services through the hiring, supervision and training of an attendant or attendants paid through a fiscal […]
Section 27-13-5 – Department duties.
A department shall: A. establish by rule the criteria and procedures for developing and amending a personal assistance services plan with a consumer; B. develop criteria and procedures for selection of a fiscal intermediary to contract with the department to provide fiscal intermediary services to a consumer; and C. establish rates for reimbursement of an […]