1. A. Any incapacitated adult who has been substantiated for or is at risk of abuse, neglect or exploitation may be eligible for adult day care if adult day care will reduce the likelihood of future abuse, neglect or exploitation.

   (1) the adult must meet the institutional medicaid income eligibility.

   (2) the adult must have a documented medical incapacity that limits their activities of daily living or significantly limits their instrumental activities of daily living.

2. B. Adult day care services can only be delivered in a licensed facility that provides structure and supervision.

[8.11.4.16 NMAC - Rp, 8.11.4.16 NMAC, 3/1/2012]