New Mexico Register / Volume XXXV,
Issue 7 / April 9, 2024
NOTICE OF RULEMAKING
The
Human Services Department (HSD) (the Department), through the Medical
Assistance Division (MAD), is proposing the New Mexico Administrative Code
(NMAC) rule 8.325.12, Medication Assisted Treatment Services in Correctional
Settings. As directed under NMSA
1978, §24-1-5.11, HSD establishes this rule in order to provide
guidance and requirements for delivery of substance use disorder treatment and
reentry services for persons diagnosed with substance use disorder in
correctional facilities.
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: April 9, 2024
Hearing Date: May 9, 2024
Adoption Date: September 1, 2024
Technical
Citations: Pursuant to NMSA 1978,
§24-1-5.11.
VI. RULE
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.
VII. EFFECTIVE DATE
The
Department proposes to implement this rule September 1, 2024, and will be
effective as follows:
By
December 31, 2025, the New Mexico Corrections Department (NMCD) operated correctional facilities shall provide continuation of
medication-assisted treatment (MAT) services or medication for opioid use
disorder (MOUD) in compliance with these regulations for individuals receiving
MAT or MOUD in the community or in a county detention facility prior to
booking.
By
June 30, 2026, NMCD operated correctional facilities
shall initiate MAT or MOUD treatment services in compliance with these
regulations for qualified individuals diagnosed with substance use disorder.
VIII.
PUBLIC HEARING
A public hearing to receive testimony on
this proposed rule will be held on Thursday, May 9, 2024, at 10:00 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.
If you are a person with a disability and
you require this information in an alternative format or require special
accommodation to participate in the public hearing, please contact the MAD in
Santa Fe at (505) 827-1337. The
Department requests at least 10 working days advance notice to provide requested alternative formats and special accommodations.
Copies of all comments will be made
available by 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.
IX.
ADDRESS
Interested persons may address written
comments to:
Human Services Department
Office of the Secretary
ATTN:
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@hsd.nm.gov. Written mail, electronic mail and recorded
comments must be received no later than 5 p.m. MT on May 9, 2024. 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/2024-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.