New Mexico
Register / Volume XXXVI, Issue 2 / January 28, 2025
NOTICE
OF RULEMAKING
The Health Care Authority (the Department), through the
Medical Assistance Division (MAD), is proposing to amend the New Mexico
Administrative Code (NMAC) rule 8.299.400, Medicaid Eligibility - Family
Planning Services, Recipient Requirements.
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: January 28, 2025
Hearing Date: February 27, 2025
Adoption Date: Proposed as July 1,
2025
Technical Citations: 42 CFR 435.214
Background
New Mexico had federal
approval in its Centennial Care 2.0 1115 waiver to implement age restrictions
for family planning Medicaid. The
current age restriction is an individual, must be under the age of 51 and not
have other health insurance or who is under the age of 65 and only has Medicare
coverage. Through our new Turquoise Care
1115 waiver the Centers for Medicare and Medicaid Services (CMS) is requiring
that the Department remove the age restrictions. CMS views the age restriction on family
planning as a limitation in coverage for individuals who do not meet the age
restriction. Therefore, through this
proposed register the Department is removing the age restriction for family
planning Medicaid.
The Department is proposing to amend the rule as follows:
8.299.400
Section 8 is being amended to include
the Department’s current mission statement.
Section 9 HSD is being changed to
Health Care Authority.
Section 9 is being amended to delete
the age restrictions that are in A and B.
I. RULE
These proposed rule changes will be contained in
8.299.400 NMAC. This register and the
proposed rule are available on the HCA website at: https://www.hca.nm.gov/lookingforinformation/registers/
and https://www.hca.nm.gov/comment-period-open-2025/. 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.
II. EFFECTIVE
DATE
The Department proposes to
implement this rule effective July 1, 2025.
III. PUBLIC HEARING
A public hearing to receive testimony on this proposed
rule will be held on February 27, 2025, at 9:30 am. 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/88658609318?pwd=MyXTazu8sPapjnURAQlQOyl2XKBpUX.1 pr by
phone 833-548-0282 US Toll-free.
Meeting ID: 886 5860 9318
Passcode: 710219
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.
IV.
ADDRESS
Interested persons
may address written comments to:
New Mexico Health Care Authority
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: HCA-madrules@hca.nm.gov. Written mail, electronic mail and recorded
comments must be received no later than 5:00 p.m. MT on February 27, 2025.
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
HCA website at https://www.hca.nm.gov/comment-period-open-2025/ along with the
applicable register and rule. The public
posting will include the name and any contact information provided by the
commenter.