1. A. Home care services may be provided or terminated by the department as resources and funding allows.

2. B. Any incapacitated adult who is substantiated for abuse, neglect or exploitation may be eligible for home care. On occasion, an incapacitated adult, who is not substantiated for abuse, neglect or exploitation, may be considered for home care services if the department determines that the adult remains at imminent risk of abuse, neglect or exploitation. The following criteria apply to adults considered for home care:

   (1) the adult must meet institutional care medicaid eligibility; and

   (2) the adult must have a documented medical incapacity that limits their activities of daily living and their ability to provide their own care at home.

3. C. The department, at its discretion, may provide home care by the department staff or through agencies under contract to the department.
4. D. Adults receiving home care through adult protective services shall apply for long term care services through the appropriate medicaid programs or waiver program and, when approved to receive medicaid or waiver services, the adult must transition to the waiver service and discontinue home care through adult protective services. Adult protective services will discontinue its home care when the client is approved to receive medicaid or waiver home care.

[8.11.4.14 NMAC - Rp, 8.11.4.14 NMAC, 3/1/2012]