New Mexico Register /
Volume XXIX, Issue 8 / April 24, 2018
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 8.200.410-General Recipient Requirements. The Department is re-promulgating this
section of the rule in full within six months of issuance of the emergency rule
(Volume 40 Register 27) in accordance with the New Mexico State Rules Act.
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: April 24, 2018
Hearing
Date: May 24, 2018
Adoption
Date: Proposed as July 1, 2018
Technical Citations: 42 CFR 435.4, 435.406, 435.956, 8 USC Section 1641
SUMMARY OF REVISIONS:
Paragraph (4) of Subsection A of 8.200.410.11
NMAC
The
Department is deleting language that covers non-citizens permanently residing
in the United States under color of law (PRUCOL) because the Department is
aligning its rules for Medicaid eligibility to mirror the federal structure for
eligibility. For individuals who entered
the United States prior to August 22, 1996, it is unnecessary to look at
whether their immigration standard met PRUCOL.
PRUCOL immigration standards were no longer in effect under federal law,
after the Personal Responsibility and Work Opportunity Reconciliation Act of
1996 (PRWORA) was enacted on August 22, 1996.
Subparagraph (l) of Paragraph (1) of
Subsection B of 8.200.410.11 NMAC
Language
was added to state that the Department covers battered non-citizens under state
general funds until the five year bar is met.
Subparagraph (h) of Paragraph (3) of
Subsection B of 8.200.410.11 NMAC
Language
was deleted to exclude non-citizens who are lawfully present in the
Commonwealth of the Northern Mariana Islands.
Federal rulemaking removes the language related to individuals who are
lawfully present in the Commonwealth of the Northern Mariana Islands under 48
U.S.C. 1806(e) from the definition of lawfully present at 42 CFR 435.4. Most of these individuals will continue to be
covered under the definition of lawfully present in other categories.
This
proposed rule will be contained in 8.200.410 NMAC. This register and the proposed rule are
available on the HSD website at:
http://www.hsd.state.nm.us/LookingForInformation/registers.aspx and http://www.hsd.state.nm.us/public-notices-proposed-rule-and-waiver-changes-and-opportunities-to-comment.aspx. If
you do not have internet access, a copy of the proposed register and rule may
be requested by contacting MAD at 505-827-6252.
The Department proposes to
implement this rule effective July 1, 2018.
A public hearing to receive testimony on this proposed rule will be held
in Hearing Room 1, Toney Anaya Building, Santa Fe, New
Mexico on Thursday, May 24, 2018 from 9:30 a.m. to 10:30 a.m., Mountain
Daylight Time (MDT).
Interested parties may submit written
comments directly to: Human Services
Department, Office of the Secretary, ATT: Medical Assistance Division Public
Comments, P.O. Box 2348, Santa Fe, New Mexico 87504-2348.
Recorded comments may be left by calling
(505) 827-1337. Electronic comments may
be submitted to madrules@state.nm.us. Written, electronic and recorded comments
will be given the same consideration as oral testimony made at the public
hearing. All comments must be received
no later than 5:00 p.m. MDT, May 24, 2018.
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 MAD in Santa
Fe at 505-827-6252. The Department
requests at least ten (10) days advance notice to provide requested alternative
formats and special accommodations.
Copies of all comments will be made
available by the 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.