New Mexico Register / Volume XXX,
Issue 9 / May 14, 2019
NOTICE
OF RULEMAKING
The
Human Services Department (the Department), Medical Assistance Division (MAD), is
amending the following rule that is part of the New Mexico Administrative Code
(NMAC): 8.200.410, General Recipient Rules - General Recipient Requirements.
Section 9-8-6 NMSA 1978, authorizes the Department Secretary to promulgate
rules and regulations that may be necessary to carry out the duties of the
Department and its divisions.
Notice Date: May 14, 2019
Hearing Date: June 14, 2019
Adoption Date: Proposed as August 01, 2019
Technical Citations: HB371 and State Buy-In Agreement
The
Department is updating eligibility rules as mandated by state legislation
contained in House Bill (HB) 371. HB371
states, “The Department shall provide for the automatic enrollment into
Medicare Part B coverage individuals whom it deems eligible for participating
in the Qualified Medicare Beneficiary (QMB) program and who are not enrolled in
Medicare Part B coverage. The Department
shall promulgate rules to provide for informing in writing, applicants for and
recipients of QMB coverage that if they are enrolled in the QMB program and, at
the time of enrollment they are not enrolled in Medicare Part B, they are
eligible for automatic enrollment in Medicare Part B coverage, regardless of
whether general or open enrollment of Medicare Part B beneficiaries is allowed
under federal law at the time a QMB recipient enrolls in the QMB program.”
The
Department through this rule promulgation is implementing the automatic
enrollment into Medicare Part B provision in HB371. However, rather than limit automatic
enrollment to QMB, the Department will automatically enroll into Medicare Part
B individuals on most Medicaid categories of eligibility with the exception of categories
that we do not currently enroll into Part B as listed in the rule.
The Department is proposing to amend the rule
as follows:
8.200.410 NMAC
A new section 18 is added to 8.200.410 NMAC
that states that HSD will automatically enroll into Medicare Part B most full
Medicaid coverage or Medicare Savings Program (MSP) categories of eligibility
with some exceptions. To be eligible for
automatic Part B enrollment in addition to active Medicaid eligibility an
individual must be receiving Medicare Part A and eligible for and not enrolled
in Part B. HSD informs applicants and
recipients in writing who may be eligible for automatic enrollment into
Medicare Part B.
The
register for these proposed amendments to this rule will be available May 10,
2019 on the HSD website at http://www.hsd.state.nm.us/LookingForInformation/registers.aspx or at http://www.hsd.state.nm.us/2017-comment-period-open.aspx. If you do not have Internet access, a copy of
the register and proposed rule may be requested by contacting MAD in Santa Fe
at 505-827-1337.
The
Department proposes to implement these rules effective August 1, 2019. A public hearing to receive testimony on this
rule will be held in Hearing Room 2, Toney Anaya Building, 2550
Cerrillos Road, Santa Fe, New Mexico, 87505 on Friday, June 14, 2019 at 11:00
a.m., Mountain Daylight Time (MDT).
Interested
parties may submit written comments directly to: Human Services Department, Office of the
Secretary, ATTN: Medical Assistance Division Public Comments, P.O. Box 2348, Santa
Fe, New Mexico 87504-2348.
If
you are a person with a disability and you require this information in an
alternative format or require a special accommodation to participate in the
public hearing, please contact MAD in Santa Fe at 505-827-1337. The Department requests at least ten (10)
days advance notice to provide requested alternative formats and special
accommodations.
Copies
of all comments will be made available by the MAD upon request by providing
copies directly to a requestor or by making them available on the MAD website
or at a location within the county of the requestor.