New Mexico Register / Volume XXXIV, Issue 14 / July 31, 2023

NOTICE OF PROPOSED RULEMAKING

The Human Services Department (the Department), through the Medical Assistance Division (MAD), is proposing to repeal and replace the New Mexico Administrative Code (NMAC) rule 8.308.12, Managed Care Program, Community Benefit. This amendment implements a change of approved cost limits for Environmental Modifications and Community Transition Services, as well as adding additional language clarifying Electronic Visit Verification (EVV) requirements for respite services under the community benefit program.

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 31, 2023

Hearing Date: August 30, 2023

Adoption Date: Proposed as December 1, 2023

Technical Citations: New Mexico Section 1115 Demonstration Waiver Amendment #2

The Department is proposing to amend the rule as follows:

Section 8.308.12.8 is updated to include the department’s current mission statement.

Section 8.308.12.13.D.3 is updated to reflect the change in cost limits for Community Transition Services.

Section 8.308.12.13.G.5 is updated to reflect the change in cost limits for Environmental Modifications.

Section 8.308.12.13.L is updated to add additional language clarifying Electronic Visit Verification requirements for respite services.

Several changes have been made throughout the NMAC to align with formatting requirements.

The register for these proposed amendments to this rule will be available July 31, 2023 on the HSD web site 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 this rule effective December 1, 2023. A public hearing to receive testimony on this proposed rule will be held via conference call on August 30, 2023, at 9:00 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: HSD-madrules@state.nm.us. Written mail, electronic mail and recorded comments must be received no later than 5 p.m. MT on August 30, 2023. 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.