New Mexico Register / Volume
XXXV, Issue 16 / August 27, 2024
This is an
amendment to 8.291.400 NMAC, Section 11, effective 9/1/2024.
8.291.400.11 CONTINUOUS ELIGIBILITY FOR
CHILDREN (42 CFR 435.926):
A. HSD provides continuous
eligibility for the period specified in Subsection B and C of
8.291.400.11 NMAC for an individual who is:
(1) under
age 19; and
(2) eligible
and enrolled for mandatory or optional coverage under the state plan.
B. [The continuous eligibility period is
12 months. The continuous eligibility
period begins on the effective date of the individual's eligibility or most
recent redetermination or renewal of eligibility.] The continuous
eligibility period is up to six years for children from birth until turning age
six. A child enrolled for less than 12
months before turning age six is eligible for 12 months of continuous
eligibility. The continuous eligibility
period begins on the effective date of the individual's eligibility or most
recent redetermination or renewal of eligibility.
C. The
continuous eligibility period is 12 months for children age
six until turning age 19. The continuous
eligibility period begins on the effective date of the individual's eligibility
or most recent redetermination or renewal of eligibility.
[C.] D. A child's eligibility may not
be terminated during a continuous eligibility period, regardless of any changes
in circumstances, unless:
(1) the
child attains the maximum age of 19;
(2) the
child or child's representative requests a voluntary termination of
eligibility;
(3) the
child ceases to be a resident of New Mexico;
(4) the
agency determines that eligibility was erroneously granted at the most recent
determination, redetermination or renewal of eligibility because of agency
error or fraud, abuse, or perjury attributed to the child or the child's
representative; or
(5) the
child dies.
[8.291.400.11 NMAC -
Rp, 8.291.400.11 NMAC, 10/1/2017; A, 9/1/2024]