Chapter 28, Article 16A NMSA 1978 may be cited as the “Developmental Disabilities Act”. History: Laws 1993, ch. 50, § 1; 2021, ch. 61, § 1. ANNOTATIONS Cross references. — For the Children’s Mental Health and Developmental Disabilities Act, see Chapter 32A, Article 6A NMSA 1978. The 2021 amendment, effective June 18, 2021, deleted “Section […]
The council shall employ an executive director, who is the administrative officer of the council. The executive director shall employ other necessary employees pursuant to the provisions of the Personnel Act [Chapter 10, Article 9 NMSA 1978]. History: Laws 1993, ch. 50, § 10; 2021, ch. 61, § 10. ANNOTATIONS The 2021 amendment, effective June […]
The council shall submit reports on its preceding year’s work to the governor and the interim legislative health and human services committee by November 1 of each year. The reports shall contain recommendations, if any, for legislation or other appropriate action. History: Laws 1993, ch. 50, § 11; 2021, ch. 61, § 11. ANNOTATIONS The […]
Council members shall be reimbursed as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] and the federal Developmental Disabilities Assistance and Bill of Rights Act of 2000. Reasonable accommodations shall be made available to permit full participation in council activities by its members, including personal assistance to members with developmental […]
A. Subject to the availability of appropriations provided expressly for this purpose, the department may: (1) acquire, provide or coordinate support and services for persons with developmental disabilities; (2) enter into contracts and provider agreements with agencies and individuals capable of providing support and services to persons with developmental disabilities; and (3) establish advisory councils […]
A. The department shall develop and maintain a quality assurance system to improve and enhance the quality of support and services for persons with developmental disabilities. The management information system portion of the quality assurance system shall track and maintain information concerning the characteristics of the persons served, support and services received and the length […]
A. In cooperation with other state agencies, the department shall adopt requirements for admission, transfer, withdrawal and discharge of persons receiving support and services funded in whole or in part by state funds. B. The department shall maintain a centralized registry of persons who are requesting or receiving support and services and a centralized referral […]
A. The department shall develop, implement and maintain a provider reimbursement system based on the level of support and services required by a person with a developmental disability. B. If the approved funding from the legislature does not permit the implementation of a reimbursement system using the considerations provided for in this section, the department […]
Except as otherwise provided, each service provider shall be considered to be an independent contractor and not an entity of state government. History: Laws 1993, ch. 50, § 17.
The state shall have a timely, comprehensive, multidisciplinary system for evaluating infants, toddlers and preschool-age children suspected of having developmental delays. Diagnostic evaluations for infants and toddlers shall address family service needs and shall include training capabilities to educate community providers and parents in the understanding and application of the evaluations. This diagnostic evaluation system […]
There is created an information and referral task force located in the council to develop a statewide, comprehensive “211” information and referral plan for use as a telephone dialing code for access to health and human services. The plan shall include a tariff structure based on existing agreements, a common taxonomy of terms, coordination between […]
The Developmental Disabilities Act authorizes the department to plan, provide and coordinate support and services to persons with developmental disabilities. History: Laws 1993, ch. 50, § 2; 2021, ch. 61, § 2. ANNOTATIONS The 2021 amendment, effective June 18, 2021, removed a provision stating the purpose of the legislature in enacting the Developmental Disabilities Act; […]
Within thirty days of the date on which reporting pursuant to each review is available, the department shall provide the council with each report issued pursuant to the independent reviews of intermediate care facilities for individuals with intellectual disabilities that are performed pursuant to the requirements of federal law. History: Laws 2021, ch. 61, § […]
As used in the Developmental Disabilities Act: A. “assessment” means a process for measuring and determining a person’s strengths, needs and preferences to determine eligibility for support and services and to develop or modify an individual support and service plan; B. “case management” means a process that: (1) assists a person with a developmental disability […]
A. The “developmental disabilities council” is created in accordance with the federal Developmental Disabilities Assistance and Bill of Rights Act. The council shall be an adjunct agency as provided in the Executive Reorganization Act [9-1-1 to 9-1-10 NMSA 1978]. B. The council shall consist of no fewer than twenty-five members, at least sixty percent of […]
A. The council shall: (1) provide statewide advocacy for persons with developmental disabilities; (2) develop and submit to the federal government the five-year plan for council activities and any amendments to the plan; (3) to the maximum extent feasible, review and comment on all state plans that relate to programs affecting persons with developmental disabilities; […]
A. For purposes of eligibility for support and services, “developmental disability” means a severe chronic disability of an individual, which disability: (1) is attributable to a mental or physical impairment, including the result from trauma to the brain, or combination of mental and physical impairments; (2) is manifested before the person reaches the age of […]
A. The council shall conduct a comprehensive review and analysis of the extent to which services, supports and other assistance are available to individuals with developmental disabilities and their families and the extent of unmet need for services, supports and all other assistance for those individuals and their families in the state. The results of […]
The department of health, the human services department, the public education department, the vocational rehabilitation division of the public education department, the children, youth and families department, the New Mexico school for the blind and visually impaired and the New Mexico school for the deaf shall provide to the council, on an annual basis, information […]
In order to coordinate information and referral services and eliminate the duplication of effort, the council shall provide information and referral services for persons with disabilities, their families, providers of support and services and local and state agencies, including: A. the human services department; B. the department of health; C. the public education department and […]
