N.M. Code R. § 7.30.4.10 – Fund Distribution

A. Duty of the department: To the extent funds are made available for the purposes of the County Maternal and Child Health Plan Act, the department shall provide for the distribution of financial assistance to eligible organizations which have applied for and demonstrated a need for assistance in order to sustain the delivery of planning and health care services according to the specifications set forth in Chapter 24-1B NMSA 1978. The department may apply a formula for county contribution to the implementation of its plan based on legislative appropriation and the county’s relative worth as measured by its population, per-capita income, gross receipts tax base and average property value.
B. Eligibility: In order to be eligible to receive financial assistance through the Act, the following requirements, in addition to the requirements in Section 8.2 and Section 9.2 [now Subsection B of 7.30.4.8 NMAC and Subsection B of 7.30.4.9 NMAC], must be met by an eligible program:
(1) It must be a New Mexico board of county commissioners or an eligible provider of services who is fully certified or licensed to practice in New Mexico in accordance with the applicable laws and regulations of the appropriate professional governing boards or licensing agencies.
(2) It must be an entity whose director, employees, contractors or board members do not serve in an executive or decision making capacity on the county MCH council.
(3) It must have policies and procedures which assure that no person will be denied services because of inability to pay. The program must also have billing policies and procedures which maximize patient accessibility to its services.
(4) It must agree to submit for payment by the department only the services which have been division approved in the plan for the county and designated in the contract.
(5) It must maximize other sources of funding.
C. Distribution of financial assistance: In any fiscal year, the distribution of financial assistance for maternal and child health services to an eligible county or other eligible contractor selected pursuant to these regulations shall be determined according to the following guidelines. The relative need of an eligible county or other eligible provider for financial assistance shall be determined by taking into consideration the following primary criteria:
(1) the relative need of the county for financial assistance as demonstrated in the approved plan and the application process;
(2) the priority of the need as addressed in the county’s approved plan;
(3) the commitment made by the county to implement its approved plan;
(4) the amount of available funds available from the department for provision of services.
(5) The comprehensive county MCH plan shall be completely reviewed and updated at the request of the board if the plan as implemented is not achieving the stated goals or if the needs of the local population have changed. The department may request that the plan be reviewed and updated for the same or other appropriate and pertinent reasons. All reviews and updates shall be done according to the guidance and format provided in the county MCH Plan Act request for proposal.
D. Funding authority: At the discretion of the department, selection among proposals which have shown need under 10.3 [now Subsection C of 7.30.4.10 NMAC] will be made based on the following criteria:
(1) proposals which demonstrate measures to increase the productivity and/or improve the efficiency of the applicant’s maternal and child health care services;
(2) proposals which demonstrate coordination and/or innovative relationships with public health offices and other health care services;
(3) proposals which demonstrate innovative methods for eliminating or reducing access barriers to services;
(4) proposals which demonstrate utilization of other sources of funding.
E. Award of contracts: The division will award contracts in accordance with the New Mexico Procurement Code and applicable department regulations. Opportunities for application for contracts will be provided according to the New Mexico Procurement Code and applicable department regulations.
F. Protest procedure: Any offeror or contractor who is aggrieved in connection with the award process must use the protest procedure established by the New Mexico Procurement Code and applicable department regulations. Extension of Time: No extension of the time for the filing of any pleading or document shall be granted, unless the person seeking the extension can show, to the satisfaction of the secretary or the secretary’s designated representative, that there is good cause for the extension. Requests for extension of time must be received in advance of the date on which the pleading or document is due to be filed.
G. Duplicate funding disallowed: Applications for financial assistance through the Act must be accompanied by a certified statement that the eligible program shall not claim or be reimbursed by any Act monies for items or program expenditures paid for by clients, insurance, state, federal or other grant funds.
H. Expenditure plans: All contractors must submit to the department, for approval, plans which show how awarded funds will be expended during the contract period. The department may, at its discretion, amend or terminate any contract if either the contractor’s plan or its progress is not satisfactory to the department.
I. Redistribution of Funds - Funds becoming available subsequent to the initial distribution made pursuant to Section 10.7 [now Subsection G of 7.30.4.10 NMAC], or recouped pursuant to Section 10.8 [now Subsection H of 7.30.4.10 NMAC] may be awarded to eligible programs by contract or contract amendment at any time at the discretion of the department, and shall not be required to be carried over to the next fiscal year.
[8/4/92, 1/24/95, 10/31/96; Recompiled 10/31/01]