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 repeal and replace the New Mexico Administrative Code (NMAC) rule 8.326.10 NMAC, Traumatic Brain Injury Trust Fund Program, to be renamed Brain Injury Services Fund Program.  The Brain Injury Services Fund Program is a non-Medicaid program.  The Brain Injury Services Fund (BISF) was created in 1997, with revenues placed in a trust fund.  These funds were for the purpose of providing services and supports to persons who had sustained a documented traumatic brain injury and had no other payer sources to resolve a crisis need related to the brain injury.  In 2014, the New Mexico Legislature acted to expand the definition of brain injury to include other acquired brain injuries, allowing the program to serve these individuals as well.

 

The proposed regulations for the BISF program update the service definitions and requirement for the International Classification of Diseases (ICD) codes for the expanded population; replace the term Traumatic Brain Injury Crisis Interim Services (CIS) with Home and Community-Based Services (HCBS); change the crisis interim period from 90 days to six months; consolidate the requirements for service coordination and fiscal intermediary agency contractors; more clearly define the terms for continued enrollment and disenrollment from the program; replace the $25,000 annual participant budgetary cap with the annual cap prescribed by HSD; remove Life Skills Coaching as a separately contracted service;  add Professional Life Skills Coaching and Organizer services to the list of available BISF HCBS services to be provided by independent contractors trained and certified in life coaching or life skills coaching; and define non-covered goods and services.  Overall, the updated rule for the BISF program ensures that the services available to the public and expectations of service providers are communicated in a manner that is more clear, concise and accessible for public inspection.

 

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 28, 2020

Adoption Date:  January 1, 2021

Technical Citations:  CFR does not apply.

 

The register and proposed rule amendments for this rule will be available August 25, 2020 on the HSD web site at http://www.hsd.state.nm.us/LookingForInformation/registers.aspx or 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 these rules effective January 1, 2021.  A public hearing to receive testimony on this rule will be held via conference call on Monday, September 28, 2020 at 1:00 p.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.

 

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 5:00 p.m. MT on September 28, 2020.  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 rule.  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.