New Mexico Register / Volume XXXII,
Issue 24 / December 28, 2021
This is an amendment to 8.243.400
NMAC, Sections 8, 12, 13, 14, 18 and 19, effective 1/1/2022.
8.243.400.8 [RESERVED] MISSION:
To transform lives.
Working with our partners we design and deliver innovative, high quality
health and human services that improve the security and promote independence
for New Mexicans in their communities.
[8.243.400.8 NMAC - Rp,
8.243.400.8 NMAC, 1/1/2019; A, 1/1/2022]
8.243.400.12 ENUMERATION: To be eligible
an individual must report [his/her] their social security account
number(s) to the human services department (HSD). If an individual does not have a valid social
security number, [he/she] the individual must apply for one as a
condition of medicaid eligibility.
Applications for social security numbers can be made by completing an
application form, and providing proof of application to local Income support
division (ISD) offices.
[8.243.400.12 NMAC - Rp,
8.243.400.12 NMAC, 1/1/2019; A, 1/1/2022]
8.243.400.13 CITIZENSHIP: To be eligible for medicaid, an individual
must be:
A. a citizen of the United States; or
B. [an alien] a non-citizen
who entered the United States prior to August 22, 1996, as one of the classes
of [aliens] non-citizens described in Subsection A of
8.200.410.11 NMAC, or [an alien] a non-citizen who entered the
United States as a qualified [alien] non-citizen on or after
August 22, 1996, and who has met the five-year bar, or are exempt as listed in Subsection
B of 8.200.410.11 NMAC.
C. Refer to 8.200.410.11 NMAC.
[8.243.400.13 NMAC - Rp,
8.243.400.13 NMAC, 1/1/2019; A, 1/1/2022]
8.243.400.14 RESIDENCE: To be eligible for medicaid, individuals must
be living in New Mexico on the date of application or final determination of
eligibility and have demonstrated intent to remain in the state.
A. Establishing residence: Residence
in New Mexico is established by living in the state and carrying out the types
of activities normally indicating residency, such as occupying a home,
enrolling child(ren) in school, getting a state driver's license, or renting a
post office box. An individual who is
homeless is considered to have met the residence requirements if [he/she]
the individual intends to remain in the state.
B. Recipients receiving benefits
out-of-state: Individuals who
receive medical assistance in another state are considered residents of that
state until the ISD staff receives verification from the other state agency
indicating that it has been notified by an individual of the abandonment of
residence in that state.
C. Abandonment: Residence is not abandoned by temporary
absences. Temporary absences occur when
recipients leave New Mexico for specific purposes with time-limited goals.
Residence is considered abandoned when any of the following occurs:
(1) the individual leaves New Mexico and
indicates that [he/she] they intend to establish residence in
another state;
(2) the individual leaves New Mexico for
no specific purpose with no clear intention of returning;
(3) the individual leaves New Mexico and
applies for financial, food or medical assistance in another state.
[8.243.400.14 NMAC - Rp,
8.243.400.14 NMAC, 1/1/2019; A, 1/1/2022]
8.243.400.18 RECIPIENT RIGHTS AND RESPONSIBILITIES: The individual
is responsible for establishing [his/her] their eligibility for
medicaid. As part of this
responsibility, the individual must provide required information and documents
or take the actions necessary to establish eligibility. Failure to do so must result in a decision
that eligibility does not exist. The
individual must also grant the human services department (HSD) permission to
contact other persons, agencies or sources of information which are necessary
to establish eligibility.
[8.243.400.18 NMAC - Rp,
8.243.400.18 NMAC, 1/1/2019; A, 1/1/2022]
8.243.400.19 ASSIGNMENT
OF MEDICAL SUPPORT: The individual must assign [his/her]
their right to medical support or other third party payments to the
state.
A. Assignment of medical support rights
occurs through the application for medicaid benefits.
B. Medicaid is not denied to an
otherwise eligible individual solely because [he/she] they
cannot legally assign [his/her] their own medical support rights
and the party who is legally able to assign those rights refuses to assign or
cooperate, as required by law.
[8.243.400.19 NMAC - Rp,
8.243.400.19 NMAC, 1/1/2019; A, 1/1/2022]