Section 10. Limitations

The state retains the discretion to provide, within current and future resources, individualized plans which may exceed what is required by law. To this end, the DRP provides guidelines for hearing officer decisions in Paragraphs (7) and (8) of Subsection D of 8.371.8.12 NMAC that go beyond the requirements of the law. Neither the fact that such guidelines are part of the DRP nor the fact that the state agrees in some cases to provide ITPs or other plans that may exceed the state’s legal obligations shall be construed as a waiver of any of the state’s legal defenses in any legal proceeding concerning such plans or as an agreement to provide in other cases, plans that exceed what is required by law.