New Mexico Register / Volume XXXV,
Issue 12 / June 25, 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 8.321.2 NMAC, Specialized Behavioral Health Provider Enrollment and
Reimbursement to align with CFR 42 part 8, and the implementation of the
new Evidence Based Practices Programs.
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 25, 2024
Hearing Date: July 26, 2024
Adoption Date: Proposed as December 1, 2024
Technical
Citations: CFR 42 Part 8
The
Department is proposing to amend the rule as follows:
Throughout the rule:
1.
Language
is updated to change Human Services Department (HSD) to Health Care Authority
(HCA).
2.
Language
is updated to remove the term “abuse” and replace with “use”.
3.
Language
is updated to reflect that providers and practitioners render services within
their respective practice board’s scope of practice or licensing agency’s
requirements. Language and acronyms
updated and standardized with other New Mexico Medicaid programs and federal
regulation.
4.
Several
sections have been renumbered due to new sections being added into the NMAC.
Section 8
This section is updated to add the new Health Care
Authority mission statement.
Section 9
This section is
updated to add occupational therapists as allowable practitioners when they are
facilitating occupational performance and managing an individual’s mental
health functioning and performance.
Section 10
Subsection
A - is updated to clarify eligible facility requirements including
provision of medication assisted treatment (MAT) services; practitioner
training; caregiver screening; licensing requirements; and to add family
notification requirements.
Section 11
This new section is added to define
requirements for Adult Accredited Residential Treatment centers for individuals
with serious mental health conditions.
Section 12
Subsection A - is updated to add eligible facility
requirements for family notification.
Section 13
Subsection B - is updated to clarify that a presumption
diagnosis of autism spectrum disorder (ASD) may be provided by a licensed practitioner
who’s scope of practice allows them to render a diagnosis of ASD.
Section 19
Subsection A - is updated to clarify minimum staff and
supervisor qualifications. Peer support
specific requirements are removed from this section and added to 8.321.2.42
NMAC.
Section 20
This section is updated to include crisis
intervention services approved in State Plan Amendment (SPA) NM 23-0006 to
include community-based mobile crisis services and mobile response and
stabilization services (MRSS).
Subsection A - is updated to define community-based mobile
crisis services and MRSS program requirements.
Subsection B - is updated to define community-based mobile
crisis services and MRSS provider and practitioner requirements.
Subsection C - is updated to define community-based mobile
crisis services and MRSS covered services.
Section 21
This section is updated to allow involuntary
admissions to a Crisis Triage Center (CTC) for individuals who have been
determined to be a danger to themselves or others.
Subsection C - is updated to allow the requirement for an
available charge nurse to be on duty at all times of operation to be met via
access to a supervising nurse who is available via telehealth.
Section 26
This section is updated to clarify the
Intensive Outpatient Program (IOP) for substance use disorder (SUD) provider
application process.
Subsection A - is updated to clarify staff and
practitioner requirements.
Subsection B - is updated to include the requirement for
care coordination.
Subsection C - is updated to define the amount and
intensity of service.
Section 27
This section is updated to clarify the Intensive
Outpatient Program (IOP) for mental health conditions provider application
process.
Subsection A - is updated to clarify staff and
practitioner requirements.
Subsection B - is updated to include the requirement for
care coordination.
Subsection C - is updated to define covered services and
the amount and intensity of services.
Section 28
This section is updated to align with 42 CFR
Part 8.
Subsection A - language is updated to reflect practitioner
requirement to complete the drug enforcement agency (DEA) approved training to
prescribe buprenorphine.
Section 29
This section is amended to include
Multisystemic Therapy Problem Sexual Behavior (MST-PSB).
Subsection A - is updated to clarify the licensure
requirements for MST and MST-PSB providers.
Subsection C - is updated to clarify that MST is provided
in the community and that services provided to family members or other supports
must be for the direct benefit of the Medicaid recipient.
Section 30
Subsection A - is updated to add eligible facility
requirements for family notification.
Section 31
This section is updated to align with 42 CFR
Part 8.
Subsection C - is amended to reflect current policies and
procedures that reflect special needs and priority for treatment of recipients
with opioid use disorder.
Subsection D - is amended to include requirements for
mandatory laboratory tests; the allowance for medication unites; and define
requirements for take home medications in alignment with 42 CFR Part 8.
Section 33
This section is updated to define Psychosocial
Rehabilitation Services (PSR) agency requirements to have provided a minimum of
three years of Comprehensive Community Support Services (CCSS) and complete the
application process as described in the Behavioral Health Policy and Billing
Manual.
Section 35
Subsection A - provider and practitioner requirements are
updated to reflect that allowed practitioners must work within the defined
physical health and primary care agency types.
Section 39
This section is added to define program and
practitioner requirements for therapeutic intervention services as approved in
SPA NM 23-0006. Therapeutic intervention
services include: Trauma-Focused Cognitive Behavioral Therapy (TF-CBT), Eye
Movement Desensitization and Reprocessing (EMDR), and Dialectical Behavior
Therapy (DBT).
Section 40
This section is added to define program and
practitioner requirements for Functional Family Therapy (FFT) as approved in
SPA NM 23-0006.
Section 41
This section is added to define program and
provider requirements for High Fidelity Wraparound (HFW) as approved in
Amendment 2 to New Mexico’s 1115(c) waiver.
Section 42
This section is added to define program and practitioner
requirements for peer support services in alignment with the New Mexico
Medicaid State Plan.
These proposed rule changes will be
contained in 8.321.2 NMAC. The 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.
The
Department proposes to implement this rule effective December 1, 2024.
A public hearing to receive testimony on
this proposed rule will be held on July 26, 2024, at 9:00 a.m. The hearing will be held at the
Administrative Services Division (ASD), 1474 Rodeo Rd, Santa Fe, NM 87505 and via
Zoom.
Join Zoom Meeting
https://us02web.zoom.us/j/9182801909?pwd=YXZrNTV0M3MrUUFudUNVMGxlUkMvZz09&omn=86012989805
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 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.
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 26, 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/lookingforinformation/registers/
and 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.