New
Mexico Register / Volume XXXI, Issue 16 / August 25, 2020
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 8.200.510 NMAC Medicaid Eligibility Resource Standards and
8.200.520 NMAC Medicaid Eligibility Income Standards 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 01, 2020. The SSI and
Spousal Impoverishment standards are being updated due to the annual cost of
living increase (COLA) that went into effect January 01, 2020. 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: August 25, 2020.
Hearing Date: September 25, 2020.
Adoption Date: November 1, 2020.
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
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
8 is amended to reflect the current mission statement.
Section 11 is amended to reflect
upcoming FPL guidelines.
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.
The
register and the proposed rules are available on the HSD website at: http://www.hsd.state.nm.us/2017-comment-period-open.aspx
and http://www.hsd.state.nm.us/LookingForInformation/registers.aspx. If you do not have internet access, a copy of
the proposed register and rule may be requested by contacting (505) 827-1337.
The Department proposes to implement these
rules November 1, 2020. A public hearing
to receive testimony on these proposed rules will be held via conference call
on Friday, September 25, 2020 at 9:00 a.m., Mountain Time (MT). Conference Number: 1-800-747-5150. Access Code:
2284263.
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.
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.