1. A. Any adult who has been or is at continued risk of being abused, neglected or exploited may be eligible to receive emergency shelter/caregiver services if he or she requires a protected environment to maintain health and safety.

   (1) Emergency shelter/caregiver services are provided without regard to income.

   (2) Emergency shelter/caregiver services are utilized only in emergency situations and are temporary until a permanent safe environment can be located.

2. B. The adult may select his or her caregiver if the caregiver is a capable adult approved by the department prior to commencement of services.
3. C. The department may provide emergency shelter/caregiver services not exceeding 30 days unless an exception is approved by the department in writing for a specified longer period of time.
4. D. Placement is provided in the adult’s home or an appropriate licensed facility or safe environment. Placement in a correctional facility is not permitted.

5. E. When the department enters into a written agreement with the facility or caregiver the agreement will include:

   (1) the services to be provided;

   (2) the rate of payment for the services; and

   (3) the time frame that the service will be provided.

6. F. The department provides payment for placements based on the rate normally charged by the facility not to exceed the medicaid rate.
7. G. The department provides payment for caregivers at a predetermined rate.
8. H. The department places individuals pursuant to the Adult Protective Services Act.

[8.11.4.13 NMAC - Rp, 8.11.4.13 NMAC, 3/1/2012]