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.