TITLE 8 SOCIAL SERVICES
CHAPTER 119 REFUGEE RESETTLEMENT PROGRAM
PART 500 ELIGIBILITY POLICY-GENERAL
INFORMATION
8.119.500.1 ISSUING AGENCY: New Mexico Health Care Authority.
[8.119.500.1
NMAC - Rp 8.119.500.1 NMAC, 7/1/2024]
8.119.500.2 SCOPE: The rule applies to the general
public.
[8.119.500.2
NMAC - Rp 8.119.500.2 NMAC, 7/1/2024]
8.119.500.3 STATUTORY AUTHORITY:
A. The
Refugee Resettlement Program (RRP) is authorized under Title IV of the
Immigration and Nationality Act of 1980.
The act designates the federal department of health and human services
(DHHS) as the federal administering agency. RRP regulations are issued by DHHS in the Code
of Federal Regulations, Title 45, Part 400, which is supplemented by
administrative and program instructions issued by the federal department from
time to time.
B. In accordance with authority granted
to the health care authority (HCA) by Subsection J of Section 27-1-3 NMSA 1978,
and pursuant to executive order 80-62, dated 10/01/1981, the governor of the
state of New Mexico has designated the HCA as the single state agency
responsible for administering the program in New Mexico.
C. Section 9-8-1
et seq. NMSA 1978 establishes the health care authority (HCA) as a single,
unified department to administer laws and exercise functions relating to health
care facility licensure and health care purchasing and regulation.
[8.119.500.3
NMAC - Rp 8.119.500.3 NMAC, 7/1/2024]
8.119.500.4 DURATION: Permanent.
[8.119.500.4
NMAC - Rp 8.119.500.4 NMAC, 7/1/2024]
8.119.500.5 EFFECTIVE DATE: July 1, 2024, unless a later date is cited at
the end of a section.
[8.119.500.5
NMAC - Rp 8.119.500.5 NMAC, 7/1/2024]
8.119.500.6 OBJECTIVE: The objective of the RRP is to assist
refugees to become self-sufficient by providing a program of financial and
medical assistance while, supportive services are provided, to ensure the
effective resettlement of refugees in the state of New Mexico through programs
designed to assist with integration, promotion of economic self-sufficiency,
and protecting refugees and communities from infectious diseases and other
health related issues. HCA has agreed to
administer this program subject to the receipt of federal funds. Under the RRP, sponsors(s) and VOLAGs work
closely with the federal government to coordinate support services authorized
under the program. The RRP includes the provision
of refugee cash assistance (RCA), refugee medical assistance (RMA), refugee
social services (RSS) and additional support services funded by the office of
refugee resettlement (ORR).
[8.119.500.6
NMAC - Rp 8.119.500.6 NMAC, 7/1/2024]
8.119.500.7 DEFINITIONS: [RESERVED]
[8.119.500.7
NMAC - Rp 8.119.500.7 NMAC, 7/1/2024]
8.119.500.8 NEED DETERMINATION:
A. Income and
resource eligibility, as well as amount of payment, are determined in
accordance with 45 CFR Section 400.66 which requires that RCA adhere to the
need determination standards and provisions of the TANF program except as
otherwise noted below:
(1) Resources
remaining in the refugee’s country of origin may not be counted in determining
income eligibility.
(2) The
income of a refugee’s sponsor may not be counted in determining income
eligibility.
(3) Any
cash grant received by the refugee applicant under the U.S. department of state
or department of justice reception and placement programs may not be counted in
determining income eligibility.
B. Standard of need:
Benefit
group requirements are determined in accordance with 45 CFR Section 400.66
which requires that RCA adhere to the need determination standards and
provisions of the TANF program.
C. Prospective budgeting:
Need and income are determined prospectively in accordance with 45 CFR
Section 400.66 which requires that RCA adhere to the need determination
standards and provisions of the TANF program.
[8.119.500.8
NMAC - Rp 8.119.500.8 NMAC, 7/1/2024]
History of
8.119.500 NMAC:
Pre-NMAC History: The material in this part was derived from
that previously filed with the State Records Center and Archives:
ISD-IPP
81-8, Limiting Assistance to 36 Months After Arrival into U.S. to Refugees (ISD
Categories 19 and 49), 4/10/1981.
ISD-IPP
82-7, Limiting Refugee Assistance to 18 Months After Refugee’s Arrival into
U.S., 3/15/1982.
ISD
281.0000, Refugee Eligibility Conditions, 6/29/1982.
ISD
FA 610, Refugee Resettlement Program, 2/11/1988.
ISD
FA 610, Refugee Resettlement Program, 7/2/1990.
History of
Repealed Material:
8
NMAC 3.RRP, Refugee Resettlement Program - Repealed, 07/01/1997.
8.119.500
NMAC - Eligibility Policy-General
Information (filed 3/2/2001) Repealed, effective 7/1/2024.
Other: 8.119.500 NMAC - Eligibility Policy-General Information (filed 3/2/2001) Replaced
by 8.119.500 NMAC - Eligibility
Policy-General Information, effective 7/1/2024.