New Mexico Register /
Volume XXIX, Issue 2 / January 30, 2018
NOTICE
OF RULEMAKING
The Human Services Department (the
Department), Medical Assistance Division (MAD), is amending the following rule that
is part of the New Mexico Administrative Code (NMAC): 8.200.410.11 NMAC - Medicaid Eligibility -
General Recipient Rules
The Human Services Department
(Department) has filed an emergency rule at 8.200.410.11 NMAC to prevent the
possibility of an unintended change to eligibility for certain New Mexico
residents. The emergency rules will
reinstate language related to Medicaid citizenship and immigration requirements
as described below.
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 30, 2018
Adoption Date: Proposed and filed as January 18, 2018
Technical Citations: 42 CFR 435.4, 435.406, 435.956, 8 USC Section 1641, SHO# 10-006
Summary
of Revisions:
·
Language was
reinstated at Paragraph (4) of Subsection A of Section 8.200.410.11 NMAC to
include non-citizens lawfully admitted for permanent residence or who are
permanently residing in the United States under Color of Law (PRUCOL).
·
Language was
reinstated at Subparagraph (l) of Paragraph (1) of Subsection B of Section
8.200.410.11 NMAC to exempt battered non-citizens from the five-year bar.
·
Language was
reinstated at Subparagraph
(a) of Paragraph (2) of Subsection B of Section 8.200.410.11 NMAC to clarify
that a qualified non-citizen includes a non-citizen who is lawfully admitted
for permanent residence under the Immigration and Nationality Act.
·
Language was
reinstated at Subparagraph (i) of Paragraph (2) of
Subsection B of Section 8.200.410.11 NMAC to include battered women and
non-citizen children of battered parents in the definition of a qualified
non-citizen.
·
Language was
reinstated at Subparagraph (a) of Paragraph (3) of Subsection B of Section 8.200.410.11
NMAC to clarify that children under age 21 and pregnant women are considered
lawfully present if they are qualified non-citizens.
·
The word
“aliens” was changed to “non-citizens” at Subparagraph (i)
of Subparagraph (d) of Paragraph (3) of Subsection B of Section 8.200.410.11
NMAC for consistency throughout the rule.
·
Language was
reinstated at Subparagraph (h) of Paragraph (3) of Subsection B of Section
8.200.410.11 NMAC to clarify that children under age 21 and pregnant women are
considered lawfully present if they are non-citizens who are lawfully present
in the Commonwealth of the Northern Mariana Islands under 48 USC Section
1806(e).
These regulations will be
contained in 8.200.410.11 NMAC of the Medical Assistance Division Program
Manual. The register and proposed rule
language are available on the HSD website at:
http://www.hsd.state.nm.us/LookingForInformation/registers.aspx. If you do not have Internet access, a copy of
the register and rule may be requested by contacting MAD at 505-827-6252.
The rule effective date is January 18,
2018. The change to the rule is
temporary. The Department will repromulgate this section of the rule in full within six
months of the final effective date and publication.