Eligibility for programs funded solely with state funds are as follows:

1. A. Except where otherwise noted, the following may be deemed eligible for state-funded services provided under contract with the department:

   1. (1) Persons age fifty (50) or older;
   2. (2) Spouses (of any age) of persons age fifty (50) or older;
   3. (3) Persons with disabilities age eighteen (18) or older.
2. B. Criteria for adult protective services is set forth in 8.11.4 NMAC.
3. C. Area agencies on aging and other contract providers may elect to serve subsets of the populations specified in Subsection D of 9.2.3.10 NMAC, which shall be defined in their area plans and contract documents.

4. D. Area agencies on aging and other contract providers may request waivers from the department to serve additional populations other than those specified in Subsection A of 9.2.3.10 NMAC, based upon community need. Application for such a waiver shall include a description of:

   1. (1) The population(s) to be served;
   2. (2) The need for the proposed service(s) by the proposed population(s); and

   3. (3) A budget for the proposed service(s).

      Approval of any such waiver will be made by the department contingent upon documented need and availability of funding. Final or conditional written approval will be provided by the department.

[9.2.3.10 NMAC - Rp, SAA Rule No. 95-3.10, 6/30/2015]