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.
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.