New
Mexico Register / Volume XXXI, Issue 18 / September 29, 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 8.280.400 NMAC Medicaid
Eligibility - Program of All-Inclusive Care for the Elderly (PACE). The PACE is a unique capitated program which
addresses the long-term care needs of frail elders. It features a comprehensive medical and
social service delivery system to serve individuals with long-term care needs
who are over 55 years of age, meet a nursing facility level of care, live in an
eligible zip code within Bernalillo, Sandoval, and Valencia Counties and who,
upon enrollment, are able to live safely and independently in the community
setting.
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: September 29, 2020
Hearing Date: October 30, 2020
Adoption Date: Proposed as February 1, 2021
Technical Citations: 42 CFR 460.150 subparts (b)(4)(c)(1)
The Department is proposing to amend the rule
as follows:
8.280.400 NMAC
Section 8
The
Department’s mission statement was added.
Section
11
Language
is clarified concerning the requirements that apply to applicants, recipients
or both groups.
The
individual requirements are more clearly grouped.
A fourth
subsection, D, has been added in accordance with 42 Code of Federal Regulations
(CFR) 460.150 which requires all applicants, upon enrollment into PACE, to be
able to live in the community setting without jeopardy to their health and
safety.
Amendments
throughout the rule have been made changing “applicant/recipient” to “applicant
or recipient” to show clarification of when language applies
to both applicants and enrolled recipients, and when it does not.
The
register for these proposed amendments to this rule will be available September
29, 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 February 1, 2021. A public hearing to receive testimony on this
rule will be held via conference call on Friday, October 30, 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, 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 5:00 p.m. MT on October 30, 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.