1. A. Attendant care may be provided by the department as resources and funding allows.

2. B. Attendant care is non-medical personal care provided to a functionally impaired adult in their own home by a caregiver. An adult who is substantiated for or is at imminent risk of abuse, neglect or exploitation may be eligible for attendant care if no other care options exist and if attendant care will reduce the likelihood of the adult being admitted to a nursing home.

   (1) The adult must meet institutional care medicaid eligibility.

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

3. C. Attendant care services are considered a temporary intervention and shall be discontinued when long-term services become available.
4. D. Adults receiving attendant care shall apply for long-term care services through the appropriate medicaid or waiver and, when approved to receive those services, the adult must transition to the medicaid or waiver service and discontinue attendant care through adult protective services. Adult protective services can discontinue its attendant care when the client begins receiving medicaid waiver attendant care.
5. E. The department may provide attendant care services based upon its assessment of need. The adult seeking attendant care services provides a medical report to the department documenting the client’s medical condition and supporting the need for attendant care services.
6. F. The department approves the number of hours of service based upon the department adult protective service worker’s assessment of the needs of the adult, the level of care criteria and the availability of funding.

7. G. Services are provided by individuals chosen and approved by the client and who are not department employees.

   (1) The department requires a criminal background check on all attendant care providers as required by law; a review of any substantiations of abuse, neglect or exploitation; and a review of the employee abuse registry.

   (2) Individuals selected by the recipient of attendance care services shall meet the following criteria established by the department:

   (a) have the physical ability to provide the services;

   (b) be age 18 or older;

   (c) is not currently listed on the employee abused registry; and

   (d) have been determined by APS, after consideration of the facts and circumstances, to be a safe and appropriate caregiver.

8. H. The department enters into a written agreement with the adult and the attendant care provider which specifies the following:

   (1) the services provided by the attendant;

   (2) the adult’s/family’s responsibilities;

   (3) the time frames for the provision of the service; and

   (4) that the failure of the attendant care provider to comply with the agreement will result in the termination of services or replacement of the provider.

9. I. The department makes payment at the established rates following the receipt of documentation of service delivery.

[8.11.4.15 NMAC - Rp, 8.11.4.15 NMAC, 3/1/2012]