New Mexico
Register / Volume XXXV, Issue 11 / June 11, 2024
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 8.200.430,
Medicaid Eligibility-General Recipient
Rules-Recipient Rights and Responsibilities.
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: June 11, 2024
Hearing Date: July 15, 2024
Adoption Date: Proposed as November
1, 2024
Technical
Citations: 1917(a) and (b) of the Social Security Act
Background
House Bill 98 (HB98)
passed during the legislative session excludes the Department from pursuing
Medicaid estate recovery from Achieving a Better Life Experience (ABLE)
accounts. The ABLE account exclusion
from Medicaid estate recovery contained in HB98 has an effective date of July
1, 2024.
The
Department is proposing to amend the rule as follows:
8.200.430.19
(c)
Adding a paragraph three (3) under subsection C to include the exemption of
ABLE accounts from Medicaid estate recovery.
Throughout the NMAC, amendments have also been made to comply with
formatting and language requirements, including amending the rule to capture
the name change from the Human Services Department (HSD) to the Health Care
Authority (HCA).
VI. RULE
These proposed rule changes will be
contained in 8.200.430 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/2024-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 effective November 1, 2024.
VIII. PUBLIC HEARING
A
public hearing to receive testimony on this proposed rule will be held in
person at the Administrative Services Division (ASD), 1474 Rodeo Rd, Santa
Fe, NM 87505 and via Zoom on July 15, 2024 at 9:00 am,
Mountain Time (MT).
Join
Zoom Meeting:
https://us02web.zoom.us/j/9182801909?pwd=YXZrNTV0M3MrUUFudUNVMGxlUkMvZz09&omn=86596241621
Meeting
ID: 918 280
1909
Passcode: y2CwhJ
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 the MAD in Santa Fe at (505) 827-1337. The Department requests at least ten (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 July 15, 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.