New
Mexico Register / Volume XXXIII, Issue 14 / July 26, 2022
NOTICE
OF RULEMAKING
The Human
Services Department (the Department), through the Medical Assistance Division
(MAD), is proposing to amend the New Mexico Administrative Code (NMAC) rules 8.302.1
NMAC, Medicaid General Provider Policies, General Provider Policies and 8.310.3
NMAC, Health Care Professional Services, Professional Providers, Services and
Reimbursement.
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: July 26, 2022
Hearing Date: August 26, 2022
Adoption Date: Proposed as January 1, 2023
Technical Citations: American Rescue Plan 2021 Section 9812
The Department is proposing to amend the rules
as follows:
Background
The Department issued final register 06 volume 45 dated April 5, 2022,
that implemented the 12-month postpartum rules located at 8.291.400.14
NMAC. Per 8.291.400.14 NMAC, the
Department provides full Medicaid coverage through the last day of the month in
which the 12-month postpartum period ends.
Upon review of program rules the Department identified 8.302.1 and
8.310.3 NMAC that contain language limiting eligibility to pregnancy-related
services rather than the required full Medicaid coverage. MAD is updating these two rules by deleting
the limited pregnancy-related services language. Both rules are being repealed and replaced
with the latest NMAC formatting as these rules have not been revised in several
years and use outdated NMAC formatting.
Changes were made to clarify that midwife services are furnished by a
certified nurse midwife or licensed midwife, that coverage is provided for
laboratory and diagnostic imaging services related to a normal pregnancy, what
midwife services are not covered, and to describe the Birthing Options Program.
8.302.1 NMAC
Section 12 is revised to remove the language that benefits may be limited
to pregnancy-related benefits.
Other sections in 8.302.1 were revised to remove or replace outdated
terms and add the current mission statement consistent with other recent NMAC
rule changes promulgated by the Department.
8.310.3 NMAC
Section 9
Subsection A Paragraph 1 was updated to add licensed chiropractor and
licensed naturopathic doctor to the list of medical practitioners.
Section 11
Paragraph 2 of Subsection C of Section 11 was updated to clarify that for
midwife services reimbursement is for a certified nurse midwife or a licensed
midwife.
Paragraph 3 of Subsection I of Section 11 has been deleted to remove the
language that services may be limited to pregnancy-related services. Subsection I was renumbered after deleting
the language from Paragraph 3.
A new Paragraph 9 of Subsection I of Section 11 was added to clarify that
Medicaid covers laboratory and diagnostic imaging services to an essentially
normal pregnancy.
A new Paragraph 10 of Subsection I of Section 11 was added to clarify
what services are not covered under midwife services.
A new Paragraph 11 of Subsection I of Section 11 was added to describe
the Birthing Options Program.
Other sections in 8.310.3 were revised to remove or replace outdated
terms and add the current mission statement consistent with other recent NMAC
rule changes promulgated by the Department.
The
register for these proposed amendments to these rules will be available July
26, 2022 on the HSD web site at
https://www.hsd.state.nm.us/lookingforinformation/registers/ or at
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 rule may be requested by contacting MAD in Santa Fe at
505-827-1337.
The Department proposes to implement these
rules effective January 1, 2023. A
public hearing to receive testimony on these proposed rules will be held via
conference call on Friday, August 26, 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.
Recorded
comments may be left at (505) 827-1337. Interested persons may also address comments
via electronic mail to: madrules@state.nm.us. Written mail, electronic mail and recorded
comments must be received no later than 5 p.m. MT on August 26, 2022. Written and recorded comments will be given
the same consideration as oral testimony made at the public hearing. All written
comments received will be posted as they are received on the HSD website at 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/
along with the applicable register and rule.
The public posting will include the name and any contact information
provided by the commenter.
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.