Consumer Direction

NMSA 1978 ch. 27, art. 13

in effect

NMSA 1978, § 27-13-1 Short title

27-13-1. Short title This act [27-13-1 to 27-13-6 NMSA 1978] may be cited as the "Consumer Direction Act". Laws 2003, ch. 210, § 1.

NMSA 1978, § 27-13-2 Purpose

27-13-2. Purpose The purpose of the Consumer Direction Act is to ensure a consumer the right to direct his personal assistance services if he so chooses by selecting an attendant appropriate to his needs and to maximize personal assistance service availability and satisfaction. Laws 2003, ch. 210, § 2.

NMSA 1978, § 27-13-3 Definitions

27-13-3. Definitions As used in the Consumer Direction Act: A. "attendant" means a person, including an allowable family member, who provides personal assistance services; B. "consumer" means a person receiving personal assistance services through any personal assistance programs offered by the state of New Mexico; C. "department" means any department or agency of the state offering personal assistance service to individuals; D. "fiscal intermediary" means a person or entity selected by agreement between the consumer and the department under contract to the department to assist the consumer to perform certain employment functions, including payroll responsibilities for the attendant and filing necessary eligibility information with the department; E. "personal assistance services" means a prescribed course of regular personal care, including hygiene, mobility and daily living assistance that permits a person to live in his home rather than an institution, including bathing, dressing, grooming, eating, toileting, shopping, transporting, cueing medication administration and communicating; F. "plan" means a written and signed agreement between a consumer or surrogate and the department for the provision of personal assistance services; and G. "surrogate" means a family member, legal guardian or other person approved by the consumer and identified in the personal assistance services plan to assist in direction of personal assistance services and choice of attendant. Laws 2003, ch. 210, § 3.

NMSA 1978, § 27-13-4 Consumer direction programs authorized

27-13-4. Consumer direction programs authorized Consistent with the federal Social Security Act and subject to the appropriation and availability of federal and state funds, each administering department or agency shall by rule provide a program permitting a consumer or surrogate to direct personal assistance services through the hiring, supervision and training of an attendant or attendants paid through a fiscal intermediary under contract with the department. Laws 2003, ch. 210, § 4.

NMSA 1978, § 27-13-5 Department duties

27-13-5. Department duties A department shall: A. establish by rule the criteria and procedures for developing and amending a personal assistance services plan with a consumer; B. develop criteria and procedures for selection of a fiscal intermediary to contract with the department to provide fiscal intermediary services to a consumer; and C. establish rates for reimbursement of an attendant providing personal assistance services to a consumer and for the compensation of a fiscal intermediary. Laws 2003, ch. 210, § 5.

NMSA 1978, § 27-13-6 Report

27-13-6. Report Annually by October 1, each department shall deliver a report to the legislative finance committee and the legislative health and human services committee on services provided pursuant to the Consumer Direction Act and a comparison of those services and services provided by the department through other means and an evaluation of the effectiveness and consumer satisfaction with the respective means of service delivery. Laws 2003, ch. 210, § 6.

NMSA 1978, § 27-13-7 Fiscal intermediary; exemptions; workers' compensation

27-13-7. Fiscal intermediary; exemptions; workers' compensation A. A fiscal intermediary shall not be subject to vicarious liability as an employer or principal for a wrongful act committed by a personal care attendant if the attendant: (1) is not a current or former employee of the fiscal intermediary; (2) has not received training or instruction from the fiscal intermediary with respect to providing personal care services to a person with a disability, not including administrative paper work; (3) has been hired by and received training or instruction from the consumer or the consumer's authorized representative to provide personal care to the consumer; and (4) provides basic assistance with daily living activities that do not require the education, certification or training of a licensed health care practitioner. B. A fiscal intermediary may identify a personal care attendant as a covered employee with the fiscal intermediary's workers' compensation carrier solely to provide workers' compensation coverage in the event of a work-related injury. Nothing in this subsection shall be construed to create an employer-employee relationship between the fiscal intermediary and the personal care attendant. C. Nothing in this section shall be construed to provide the fiscal intermediary with immunity from a claim for a wrongful act committed by the fiscal intermediary or its employees. D. As used in this section: (1) "consumer" means a person who is eligible for and receives state-funded or -operated services based on the person's disabilities; (2) "fiscal intermediary" means a provider that furnishes administrative assistance for a consumer who selects a consumer-directed, rather than consumer-delegated, personal care program; (3) "personal care attendant" means a person who provides assistance to a consumer with activities of daily living, including bathing, dressing, eating, transportation, shopping and similar activities; and (4) "personal care program" means a state-funded or -operated support program, including medicaid, that provides the services of a personal care attendant for certain persons with a disability. Laws 2003, ch. 207, § 1; 2007, ch. 46, § 23.

Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18527/index.doFetched: 10/20/2026