New Mexico Register / Volume XXXV,
Issue 9 / May 7, 2024
NOTICE
OF PROPOSED RULEMAKING
On
July 1, 2024, the New Mexico Human Services Department (the Department) will
become the New Mexico Health Care Authority (“HCA”), pursuant to the passage of
S16 during the 2023 NM Legislative Session and signed into law by NM Governor
Michelle Lujan Grisham. To bring the New
Mexico Administrative Code (NMAC) into full alignment with this change, the
Department is proposing to amend rules found in the New Mexico
Administrative Code (NMAC) as outlined below and as listed at the end of this
Notice. These proposed amendments are to
address the administrative need to change the name of the Human Services
Department to the Health Care Authority and throughout this rule, if found,
“department” to “authority” or “HSD” was changed to “HCA”. There are no programmatic changes proposed.
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.
These proposed rule changes 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 HSD at (505) 709-8865.
For all amendments of all rules listed at the
end of this notice, the draft language of every amendment will be substantially
the same for each section:
Section 1 is being amended to reflect the change from the Human Services
Department to the Health Care Authority.
Section 3 is being amended to add the statutory citation for the Health Care
Authority (Section 9-8-1 et seq. NMSA 1978.)
An explanatory sentence is added to every
amendment that states: “Consistent with all other rules converted from the
Human Services Department to the Health Care Authority; throughout this rule,
if found, “department” was changed to “authority” or “HSD” was changed to
“HCA”.”
The
amendments to these rules do not encompass any other substantive changes to any
other section.
Notice Date: May 7, 2024
Hearing Date: June 7, 2024
Proposed Effective Date: July 1, 2024
A public hearing to receive testimony on
these repeals will be held on June 7, 2024, at 10:30 am Mountain Time
(MT).
There are three options for attending the hearing:
1.
Attend
in person by coming to the large conference room at the Administrative Services Division (ASD), 1474 Rodeo Rd., Santa Fe, NM
87505.
2.
Join
the Zoom webinar on your computer, mobile app or room
device:
https://us02web.zoom.us/j/86195382902?pwd=YWI3aVFWS1czWTl6RjNMUXZMMWZOdz09
Webinar ID 861 9538 2902
Passcode 652945
3.
Or
call in (audio only):
+1-669-444-9171,,86195382902# or +1-669-900-6833,,86195382902#
Webinar ID 861 9538 2902
Passcode 652945
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 HSD at (505)
709-8865. 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 upon request by providing copies directly to a requestor or by making
them available on the Department’s 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:
HSD/HCA Rule Change Public Comments
P.O. Box 2348
Santa Fe, New Mexico 87504-2348
Recorded
comments may be left at (505) 709-8865. Interested persons
may also address comments via electronic mail to: Diane.Bilodeau@hsd.nm.gov. Written mail, electronic mail and recorded
comments must be received no later than 5 p.m. MT
on June 7, 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.
HSD Rules to be Amended:
Rule number Rule name
|
8.1.2 NMAC |
GENERAL OPERATING PROCEDURE FOR
THE OFFICE OF THE INSPECTOR GENERAL |
|
8.50.100 NMAC |
GENERAL PROVISIONS |
|
8.50.108 NMAC |
ESTABLISHMENT AND MODIFICATION OF
SUPPORT ORDER |
|
8.50.109 NMAC |
MEDICAL SUPPORT |
|
8.50.110 NMAC |
INCOME WITHHOLDING |
|
8.50.111 NMAC |
GENERAL ENFORCEMENT OF SUPPORT
OBLIGATIONS |
|
8.50.112 NMAC |
ADMINISTRATIVE ENFORCEMENT OF
SUPPORT OBLIGATIONS |
|
8.50.113 NMAC |
ENFORCEMENT OF SUPPORT OBLIGATIONS
FROM FEDERAL EMPLOYEES INCLUDING MEMBERS OF THE ARMED SERVICES |
|
8.50.114 NMAC |
FINANCIAL INSTITUTION DATA MATCH
(FIDM) |
|
8.50.115 NMAC |
EXPEDITED PROCESSES AND
ADMINISTRATIVE EXPEDITED PROCESS |
|
8.50.117 NMAC |
INTERNATIONAL CHILD SUPPORT
ENFORCEMENT |
|
8.50.124 NMAC |
INTERSTATE CASES |
|
8.50.125 NMAC |
FEES, PAYMENTS, AND DISTRIBUTIONS |
|
8.50.129 NMAC |
CASE MANAGEMENT |
|
8.50.130 NMAC |
ADMINISTRATIVE HEARINGS |
|
8.50.131 NMAC |
PENALTIES |
|
8.50.132 NMAC |
UNCLAIMED CHILD, SPOUSAL OR MEDICAL
SUPPORT |
|
8.100.140 NMAC |
GENERAL OPERATING POLICIES CASE
FILES |
|
8.100.640 NMAC |
RESTORATION AND CLAIMS |
|
8.102.100 NMAC |
RECIPIENT POLICIES – DEFINITIONS
AND ACRONYMS |
|
8.102.460 NMAC |
RECIPIENT POLICIES – COMPLIANCE
REQUIREMENTS |
|
8.102.461 NMAC |
WORK PROGRAM ACTIVITIES |
|
8.102.462 NMAC |
NEW MEXICO WAGE SUBSIDY PROGRAM |
|
8.106.100 NMAC |
RECIPIENT POLICIES – DEFINITIONS
AND ACRONYMS |
|
8.106.400 NMAC |
RECIPIENT POLICIES – DEFINING THE
BENEFIT GROUP |
|
8.106.410 NMAC |
RECIPIENT POLICIES – GENERAL
RECIPIENT REQUIREMENTS |
|
8.106.420 NMAC |
RECIPIENT POLICIES – REQUIREMENTS
FOR DETERMINING DISABILITY |
|
8.106.430 NMAC |
RECIPIENT POLICIES – REQUIREMENTS
FOR DEPENDENT CHILDREN |
|
8.106.431 NMAC |
PRE CERTIFIED VICTIMS OF HUMAN
TRAFFICKING |
|
8.106.500 NMAC |
ELIGIBILITY POLICY – GENERAL
INFORMATION |
|
8.106.502 NMAC |
GENERAL INFORMATION – BURIAL
ASSISTANCE |
|
8.106.510 NMAC |
ELIGIBILITY POLICY-
RESOURCES/PROPERTY |
|
8.106.520 NMAC |
ELIGIBILITY POLICY – INCOME |
|
8.106.610 NMAC |
DESCRIPTION OF PROGRAM/BENEFITS –
BENEFIT DELIVERY |
|
8.106.620 NMAC |
DESCRIPTION OF PROGRAM BENEFITS –
BENEFIT DETERMINATION/GENERAL |
|
8.106.630 NMAC |
DESCRIPTION OF PROGRAM/BENEFITS –
CHANGES IN ELIGIBILITY |
|
8.106.631 NMAC |
HEAT AND EAT PROGRAM |
|
8.119.100 NMAC |
RECIPIENT POLICIES-DEFINITIONS AND
ACRONYMS |
|
8.139.410 NMAC |
GENERAL RECIPIENT REQUIREMENTS –
NONFINANCIAL ELIGIBILITY CRITERIA |
|
8.139.501 NMAC |
TRANSITIONAL FOOD STAMP BENEFIT
ELIGIBILITY |
|
8.139.502 NMAC |
STATE FOOD STAMP SUPPLEMENT |
|
8.139.503 NMAC |
NEW MEXICO MODIFIED COMBINED
APPLICATION PROJECT |
|
8.139.504 NMAC |
NEW MEXICO EXTRA HELP SNAP |
|
8.139.520 NMAC |
ELIGIBILITY POLICY – INCOME AND
DEDUCTIONS |
|
8.139.527 NMAC |
FOOD STAMP PROGRAM – INCOME AND
RESOURCES EXCLUDED BY FEDERAL LAW |
|
8.200.410 NMAC |
GENERAL RECIPIENT REQUIREMENTS |
|
8.200.420 NMAC |
SPECIAL RECIPIENT REQUIREMENTS |
|
8.201.400 NMAC |
RECIPIENT POLICIES |
|
8.201.600 NMAC |
BENEFIT DESCRIPTION |
|
8.206.400 NMAC |
RECIPIENT REQUIREMENTS |
|
8.215.400 NMAC |
RECIPIENT POLICIES |
|
8.215.500 NMAC |
INCOME AND RESOURCE STANDARDS |
|
8.215.600 NMAC |
BENEFIT DESCRIPTION |
|
8.231.400 NMAC |
RECIPIENT POLICIES |
|
8.231.500 NMAC |
INCOME AND RESOURCE STANDARDS |
|
8.231.600 NMAC |
BENEFIT DESCRIPTION |
|
8.234.400 NMAC |
RECIPIENT REQUIREMENTS |
|
8.234.500 NMAC |
INCOME AND RESOURCE STANDARDS |
|
8.234.600 NMAC |
BENEFIT DESCRIPTION |
|
8.242.400 NMAC |
RECIPIENT REQUIREMENTS |
|
8.242.500 NMAC |
INCOME AND RESOURCE STANDARDS |
|
8.242.600 NMAC |
BENEFIT DESCRIPTION |
|
8.243.400 NMAC |
RECIPIENT POLICIES |
|
8.243.500 NMAC |
INCOME AND RESOURCE STANDARDS |
|
8.243.600 NMAC |
BENEFIT DESCRIPTION |
|
8.245.600 NMAC |
BENEFIT DESCRIPTION |
|
8.249.400 NMAC |
RECIPIENT REQUIREMENTS |
|
8.249.500 NMAC |
INCOME AND RESOURCE STANDARDS |
|
8.249.600 NMAC |
BENEFIT DESCRIPTION |
|
8.250.400 NMAC |
RECIPIENT REQUIREMENTS |
|
8.250.500 NMAC |
INCOME AND RESOURCE STANDARDS |
|
8.250.600 NMAC |
BENEFIT DESCRIPTION |
|
8.252.500 NMAC |
INCOME AND RESOURCE STANDARDS |
|
8.252.600 NMAC |
BENEFIT DESCRIPTION |
|
8.259.400 NMAC |
RECIPIENT REQUIREMENTS |
|
8.259.500 NMAC |
INCOME AND RESOURCE STANDARDS |
|
8.259.600 NMAC |
BENEFIT DESCRIPTION |
|
8.280.400 NMAC |
RECIPIENT POLICIES |
|
8.280.600 NMAC |
BENEFIT DESCRIPTION |
|
8.281.400 NMAC |
RECIPIENT POLICIES |
|
8.281.500 NMAC |
INCOME AND RESOURCE STANDARDS |
|
8.281.510 NMAC |
TRUST STANDARDS |
|
8.281.600 NMAC |
BENEFIT DESCRIPTION |
|
8.285.400 NMAC |
RECIPIENT REQUIREMENTS |
|
8.290.400 NMAC |
RECIPIENT POLICIES |
|
8.290.600 NMAC |
BENEFIT DESCRIPTION |
|
8.291.400 NMAC |
ELIGIBILITY REQUIREMENTS |
|
8.291.410 NMAC |
GENERAL RECIPIENT REQUIREMENTS |
|
8.291.420 NMAC |
RECIPIENT RIGHTS AND
RESPONSIBILITIES |
|
8.292.400 NMAC |
RECIPIENT REQUIREMENTS |
|
8.292.500 NMAC |
INCOME AND RESOURCE STANDARDS |
|
8.292.600 NMAC |
BENEFIT DESCRIPTION |
|
8.293.400 NMAC |
RECIPIENT REQUIREMENTS |
|
8.293.500 NMAC |
INCOME AND RESOURCE STANDARDS |
|
8.293.600 NMAC |
BENEFIT DESCRIPTION |
|
8.294.400 NMAC |
RECIPIENT REQUIREMENTS |
|
8.294.500 NMAC |
INCOME AND RESOURCE STANDARDS |
|
8.294.600 NMAC |
BENEFIT DESCRIPTION |
|
8.295.400 NMAC |
RECIPIENT REQUIREMENTS |
|
8.295.500 NMAC |
INCOME AND RESOURCE STANDARDS |
|
8.295.600 NMAC |
BENEFIT DESCRIPTION |
|
8.296.400 NMAC |
RECIPIENT REQUIREMENTS |
|
8.296.500 NMAC |
INCOME AND RESOURCE STANDARDS |
|
8.296.600 NMAC |
BENEFIT DESCRIPTION |
|
8.297.400 NMAC |
RECIPIENT REQUIREMENTS |
|
8.297.500 NMAC |
INCOME AND RESOURCE STANDARDS |
|
8.297.600 NMAC |
BENEFIT DESCRIPTION |
|
8.298.400 NMAC |
RECIPIENT REQUIREMENTS |
|
8.298.500 NMAC |
INCOME AND RESOURCE STANDARDS |
|
8.298.600 NMAC |
BENEFIT DESCRIPTION |
|
8.299.400 NMAC |
RECIPIENT REQUIREMENTS |
|
8.299.500 NMAC |
INCOME AND RESOURCE STANDARDS |
|
8.299.600 NMAC |
BENEFIT DESCRIPTION |
|
8.300.22 NMAC |
ELECTRONIC HEALTH RECORDS INCENTIVE
PROGRAM |
|
8.302.2 NMAC |
BILLING FOR MEDICAID SERVICES |
|
8.302.3 NMAC |
THIRD PARTY LIABILITY PROVIDER
RESPONSIBILITIES |
|
8.308.2 NMAC |
PROVIDER NETWORK |
|
8.308.6 NMAC |
ELIGIBILITY |
|
8.308.7 NMAC |
ENROLLMENT AND DISENROLLMENT |
|
8.308.8 NMAC |
MEMBER EDUCATION |
|
8.308.9 NMAC |
BENEFIT PACKAGE |
|
8.308.10 NMAC |
CARE COORDINATION |
|
8.308.11 NMAC |
TRANSITION OF CARE |
|
8.308.12 NMAC |
COMMUNITY BENEFIT |
|
8.308.13 NMAC |
MEMBER REWARDS |
|
8.308.14 NMAC |
CO-PAYMENTS |
|
8.308.15 NMAC |
GRIEVANCES AND APPEALS |
|
8.308.20 NMAC |
REIMBURSEMENT |
|
8.308.21 NMAC |
QUALITY MANAGEMENT |
|
8.308.22 NMAC |
FRAUD, WASTE AND ABUSE |
|
8.309.4 NMAC |
MAD ADMINISTERED BENEFITS AND
LIMITATION OF SERVICES |
|
8.310.2 NMAC |
GENERAL BENEFIT DESCRIPTION |
|
8.310.3 NMAC |
PROFESSIONAL PROVIDERS, SERVICES
AND REIMBURSEMENT |
|
8.310.9 NMAC |
RURAL HEALTH CLINIC SERVICES |
|
8.310.12 NMAC |
INDIAN HEALTH SERVICE AND TRIBAL
638 FACILITIES |
|
8.311.3 NMAC |
METHODS AND STANDARDS FOR
ESTABLISHING PAYMENT – INPATIENT HOSPITAL SERVICES |
|
8.311.5 NMAC |
SWING BED HOSPITAL SERVICES |
|
8.312.2 NMAC |
NURSING FACILITIES |
|
8.312.3 NMAC |
COST RELATED REIMBURSEMENT OF
NURSING FACILITIES |
|
8.314.3 NMAC |
MEDICALLY FRAGILE HOME AND
COMMUNITY-BASED SERVICES WAIVER |
|
8.314.5 NMAC |
DEVELOPMENTAL DISABILITIES HOME AND
COMMUNITY-BASED SERVICES WAIVER |
|
8.314.6 NMAC |
MI VIA HOME AND COMMUNITY-BASED
SERVICES WAIVER |
|
8.314.7 NMAC |
SUPPORT WAIVER |
|
8.320.2 NMAC |
EARLY AND PERIODIC SCREENING,
DIAGNOSIS AND TREATMENT (EPSDT) SERVICES |
|
8.320.6 NMAC |
SCHOOL-BASED SERVICES FOR MAP
ELIGIBLE RECIPIENTS UNDER TWENTY-ONE YEARS OF AGE |
|
8.324.4 NMAC |
PHARMACY SERVICES, PRESCRIBING, AND
PRACTITIONER ADMINISTERED DRUG ITEMS |
|
8.324.5 NMAC |
VISION APPLIANCES, HEARING
APPLIANCES, DURABLE MEDICAL EQUIPMENT, OXYGEN, MEDICAL SUPPLIES, PROSTHETICS
AND ORTHOTICS |
|
8.324.7 NMAC |
TRANSPORTATION SERVICES AND LODGING |
|
8.325.8 NMAC |
REHABILITATION SERVICE PROVIDERS |
|
8.326.3 NMAC |
CASE MANAGEMENT SERVICES FOR
PREGNANT WOMEN AND THEIR INFANTS |
|
8.326.4 NMAC |
CASE MANAGEMENT SERVICES FOR THE
CHRONICALLY MENTALLY ILL |
|
8.326.5 NMAC |
CASE MANAGEMENT SERVICES FOR
TRAUMATICALLY BRAIN INJURED ADULTS |
|
8.326.6 NMAC |
CASE MANAGEMENT SERVICES FOR
CHILDREN UP TO AGE THREE |
|
8.326.7 NMAC |
ADULT PROTECTIVE SERVICES CASE
MANAGEMENT |
|
8.326.8 NMAC |
CASE MANAGEMENT SERVICES FOR CHILDREN
PROVIDED BY JUVENILE PROBATION AND PAROLE OFFICERS |
|
8.326.10 NMAC |
TRAUMATIC BRAIN INJURY TRUST FUND
PROGRAM |
|
8.350.2 NMAC |
RECONSIDERATION OF UTILIZATION
REVIEW DECISIONS |
|
8.350.3 NMAC |
ABSTRACT SUBMISSION FOR LEVEL OF
CARE DETERMINATIONS |
|
8.350.4 NMAC |
RECONSIDERATION OF AUDIT
SETTLEMENTS |
|
8.351.2 NMAC |
SANCTIONS AND REMEDIES |
|
8.352.2 NMAC |
CLAIMANT HEARINGS |
|
8.352.3 NMAC |
PROVIDER HEARINGS |
|
8.354.2 NMAC |
PASRR AND PATIENT STATUS HEARINGS |