New Mexico Register / Volume XXX,
Issue 8 / April 23, 2019
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)
rules 8.200.510 Medicaid Eligibility-General Recipient Policies, Resource
Standards, 8.200.520, Medicaid Eligibility-General Recipient Rules, Income
Standards and 8.291.430, Medicaid Eligibility-Affordable Care, Financial
Responsibility Requirements in order to implement the Department of Health and
Human Services (HHS) updates to the Federal Poverty Level (FPL) income
guidelines for the Medical Assistance Program categories of eligibility
effective April 1, 2019. The SSI and Spousal Impoverishment standards are being
updated due to the annual cost of living increase (COLA) that went into effect
January 1, 2019. The Department is re-promulgating these sections of the rules
in full within six months of issuance of the emergency rule 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 23, 2019
Hearing
Date: May 23, 2019
Adoption
Date: COLA Proposed and filed as January
1, 2019. FPL Proposed and filed as April 1, 2019.
Technical
Citations: 42 USC Section 9902 (2),
Federal SSI and Spousal Impoverishment Standards, and SSA COLA Fact Sheet
Summary
of Revisions:
8.200.510
NMAC
Section
11 is amended to reflect the current COLA for Community Spouse Resource Allowance.
Section
12 is amended to reflect the current COLA for Post-Eligibility Calculation
(Medical Care Credit).
Section
13 is amended to reflect the current COLA for Average Monthly Cost of Nursing
Facilities for Private Patients.
Section
14 is amended to reflect the current COLA for Resource Amounts for Supplemental
Security Income Related Medicare Savings Programs.
Section
15 is amended to reflect the COLA for current Excess Home Equity Amount for
Long-Term Care Services.
8.200.520
NMAC
Section
11 is amended to reflect FPL mandates.
Section
12 is amended to reflect the cost of living increase.
Section
13 is amended to reflect the increase in the Federal Benefit Rate.
Section
15 is amended to reflect the increase in SSI living arrangement amounts.
Section
16 is amended to reflect the increase in the monthly income standard for
Institutional Care and Home and Community Based Waiver Services categories.
Section
20 is amended to reflect the increase in the covered quarter income standard.
8.291.430
NMAC
Section
10 is amended to reflect FPL mandates.
The
register for these proposed amendments to these rules will be available April
23, 2019 on the HSD web site at http://www.hsd.state.nm.us/LookingForInformation/registers.aspx
and at http://www.hsd.state.nm.us/2017-comment-period-open.aspx. If you do not have Internet access, a copy of
the proposed rules may be requested by contacting MAD in Santa Fe at 505-827-1337.
The
Department proposes to implement COLA rule effective January 1, 2019 and FPL
rule effective April 1, 2019. A public
hearing to receive testimony on these proposed rules will be held in Hearing
Room 2, Toney Anaya Building, 2550 Cerrillos Road,
Santa Fe, New Mexico on May 23, 2019 at 9 a.m., Mountain Daylight Time (MDT).
Interested
parties may submit written comments directly to: Human Services Department, 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: madrules@state.nm.us.
Written mail, electronic mail and recorded comments must be received no
later than 5 p.m. MDT on May 23, 2019. 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 http://www.hsd.state.nm.us/2017-comment-period-open.aspx
along with the applicable register and rules.
The public posting will include the name and any contact information
provided by the commenter.
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 505-827-1337. 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.