New
Mexico Register / Volume XXXIII, Issue 11 / June 7, 2022
NOTICE OF RULEMAKING
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: June 7, 2022
Hearing
Date: July 8, 2022
Adoption
Date: Proposed as November 1, 2022
Technical Citations: 42 CFR 456 subpart F; 42 CFR 440.150
The
Department is proposing to amend the rules as follows:
8.313.3 NMAC
Throughout the rule - Removal of
Intermediate Care Facilities for Individuals with Mental Retardation (ICF/MR)
and replace with Intermediate Care Facilities for Individuals with Intellectual
Disabilities (ICF/IID).
Section 8 - Updated to include the current Human Services Department
Mission Statement.
Section 11 Paragraph (2) of Subsection D - Language added to
reflect the state agency, or its audit agent, will retain all cost reports
submitted by providers for a period of ten years.
8.313.2 NMAC
Throughout the rule
Replacement of
terminology “Intermediate Care Facilities for Individuals with Mental
Retardation (ICF/MR)” with “Intermediate Care Facilities for Individuals with
Intellectual Disabilities (ICF/IID)” to reflect nationwide changes.
Section 8 - Updated to include
the current Human Services Mission Statement.
Section 13 - Addition of
Subsection C - Eligibility Requirements from NMAC 8.281.400.
Section 13 - Addition of Subsection D -
Admission. Adopted from Department of
Health NMAC 7.26.9 as this rule will be rescinded.
Section 13 - Addition of Subsection E - Transfer. Adopted from
Department of Health NMAC 7.26.9 as this rule will be rescinded.
Section 13 - Addition of Subsection F - Discharge. Adopted from
Department of Health NMAC 7.26.9 as this rule will be rescinded.
Throughout both 8.313.2 and 8.313.3
NMAC amendments have been made to comply with formatting requirements.
The
register for these proposed amendments to this rule will be available June 7, 2022
on the HSD website at: https://www.hsd.state.nm.us/lookingforinformation/registers/
and https://www.hsd.state.nm.us/public-information-and-communications/opportunity-for-public-comment/public-notices-proposed-waiver-changes-and-opportunities-to-comment/comment-period-open/. If you do not have internet access, a copy of
the proposed register and rule may be requested by contacting MAD at (505)
827-1337.
The Department proposes to implement these rules effective November 1,
2022. A public hearing to receive testimony on these
proposed rules will be held via conference call on Friday, July 8,
2022, at 10 a.m. Mountain Time (MT).
Conference phone number: 1-800-747-5150. Access Code:
2284263.
Interested
parties may submit written comments directly to: Human Services Department, Office of the
Secretary, ATT: 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.