New Mexico Register / Volume XXXV,
Issue 5 / March 12, 2024
The
Human Service Department through Income Support Division (ISD) is proposing
repeal/replace/amend rules 8.100.180 NMAC General Operating Policy-External
Communications and 8.100.970 NMAC Oversight-Program Participation Hearings. Changes in the rule are to update language,
incorporate standardized rule language, and correct citation format.
Language
updates are to include change of the department's name from Human Services
Department to New Mexico Health Care Authority.
This name was established through the passage of SB16, “Create Health
Care Authority Department”, during the 2023 NM Legislative session and signed
into law by NM Governor Michelle Lujan Grisham.
On
June 5, 2023, USDA Food and Nutrition Services (FNS) conducted the New Mexico
Recipient Integrity Review to ensure that NMAC is aligned with Code of Federal
Regulations (CFR). During the review FNS
found language in NMAC that did not coincide with CFR. The
current process allowed the Department to dismiss a fair hearing due to a mass
change, this is incorrect and therefore NMAC will be updated.
Specifically,
the changes include:
8.100.180.15
NMAC
Repeal/replace
to comply with federal regulations as well as NMAC rule requirements. Language updates to include The Human
Services Department (HSD) as the Health Care Authority Department (HCA).
(specifically, Policy sub-section C. of 8.100.180.15 NMAC
will be updated to remove the sentence which includes “A hearing is not
available, and benefits are not continued, when automatic benefit adjustments
are required by federal or state law unless the specific, express basis for the
hearing request is incorrect benefit computation.”)
8.100.970.9
NMAC
Repeal/replace
to comply with federal regulations as well as NMAC rule requirements. Language updates to include The Human
Services Department (HSD) as the Health Care Authority Department (HCA).
(specifically, the policy section of 8.100.970.9 D. NMAC
will be updated to remove paragraph 3 as an option for dismissal of a fair
hearing.
The
Department is promulgating these rules to be in compliance
with the CFR. The rule will be
amended, repealed/replaced under the statutory authority of the food stamp
program as authorized by the Food Stamp Act of 1977 as amended (7 U.S.C.
2011-2036). Regulations issued pursuant
to the act are contained 7 CFR 273.12(e)(5). State Authority for administering
the food stamp and TANF programs are contained in Chapter 27 NMSA, 1978. Administration of HSD, including its
authority to promulgate regulations, is governed by Chapter 9, Article 8, NMSA
1978 (Repl. 1983).
These
rules will be contained in 8.100.180.15 NMAC, 8.100.970.9 NMAC. This register and the proposed changes are
available on the HSD website at
https://www.hsd.state.nm.us/lookingforinformation/income-support-division-registers-2/.
If
you do not have internet access, a copy of the proposed rules may be requested
by contacting the Income Support Department P.O. Box 2348, Santa Fe, New Mexico
87504-2348 or by calling (505) 670-1791.
A
public hearing to receive testimony on this proposed rule will be held Hybrid,
pursuant to section 14-4-5.6 NMSA 1978, will be held on April 15, 2024 11:00 a.m-12:00 p.m.
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Meeting ID: 223 660 960 413
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+1 505-312-4308,,943105746# United States, Albuquerque
Phone Conference ID: 943 105 746#
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If
you are a person with a disability and you require this information in an
alternative format, or you require a special accommodation to participate in
any HSD public hearing, program, or service, please contact the American
Disabilities Act Coordinator, at Office-505-709-5468, Fax- 505-827-6286 or
through the New Mexico Relay system, toll free at #711. The Department requests at least a 10-day
advance notice to provide the requested alternative formats and special
accommodations.
All
Written comment may be dropped off during the scheduled hearing time at the HSD
Administrative Services Division (ASD) conference room, 1474 Rodeo Road, Santa
Fe, NM 87505.
Individuals
wishing to testify may contact the Income Support Division (ISD), P.O. Box
2348, Santa Fe, NM 87504-2348, or by calling (505) 670-1791.
Individuals
who do not wish to attend the hearing may submit written or recorded
comments. Written or recorded comments
must be received by 5:00 p.m. on the date of the hearing, April 15, 2024. Please send comments to:
Human Services Department
P.O. Box 2348
Santa Fe, NM 87504-2348
Recorded
comments may be left at (505) 670-1791.
You may send comments electronically to: HSD-isdrules@hsd.nm.gov. Written and recorded comments will be posted
to the agency’s website within 3 days of receipt. All comments will be given the same
consideration as oral testimony made at the public hearing.