New Mexico Register / Volume XXXIV, Issue 19 / October 10, 2023

 

 

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) rule 8.324.5 NMAC, Adjunct Services, Vision Appliances, Hearing Appliances, Durable Medical Equipment, Oxygen, Medical Supplies, Prosthetics and Orthotics for the purpose of providing clarification to the non institutionalized durable medical equipment and medical supplies benefit.

 

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:  October 10, 2023

Hearing Date:  November 9, 2023

Adoption Date:  Proposed as January 1, 2024

Technical Citations:  2023 NM House Bill 53

 

The Department is proposing to amend the rule as follows:

The Human Services Department is adding clarification to the diabetic technology and supplies benefit, and the prosthetics and orthotics supplies benefit to allow multiple devices that meet unique needs.  Clarification is also being added to the bathroom equipment benefit to extend the benefit beyond railings in the bathroom.

 

These proposed rule changes will be contained in 8.324.5 NMAC.  This register and the proposed rule are available 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 January 1, 2024.  A public hearing to receive testimony on this proposed rule will be held on November 9, 2023, at 10:00 a.m. to 11:00 a.m.  The hearing will be held at the Administrative Services Division (ASD), 1474 Rodeo Rd, Santa Fe, NM 87505 and via conference call.  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 November 9, 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.