New Mexico Register / Volume XXXII, Issue 24 / December 28, 2021
This is an amendment to 8.249.400 NMAC, Sections 8, 9, 18
and 23, effective 1/1/2022.
8.249.400.8 MISSION: [To reduce the impact of poverty on
people living in New Mexico by providing support services that help families
break the cycle of dependency on public assistance.] To transform
lives. Working with out 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.
[8.249.400.8 NMAC - N, 1/1/2014; A, 1/1/2022]
8.249.400.9 REFUGEE MEDICAL ASSISTANCE ONLY -
CATEGORY 049 AND 059:
A. A medicaid
eligible refugee recipient must meet the following non-financial eligibility requirements:
(1) is ineligible for full medicaid coverage;
(2) is not a full-time student in an institution of higher education, except where enrollment is part of an individual employability plan for a refugee enrolled in the refugee cash assistance program;
(3) is in the U.S. fewer than eight months and meets one of the following statuses:
(a) is admitted as a refugee under Section 207 of the Immigration and Nationality Act;
(b) is paroled into the U.S. as a refugee or asylee under Section 212 (d)(5) of the Immigration and Nationality Act;
(c) is granted asylum under Section 208 of the Immigration and Nationality Act;
(d) is admitted as an Amerasian immigrant from Vietnam through the orderly departure program, under Section 584 of the Foreign Operations Appropriations Act, incorporated in the fiscal year 1988 Continuing Resolution P.L. 100-212;
(e) is a Cuban-Haitian entrant who was admitted as a public interest parolee under Section 212 (d)(5) of the Immigration and Nationality Act;
(f) is certified as a victim of human trafficking by the federal office of refugee resettlement (ORR);
(g) is an eligible family member of a victim of human trafficking certified by ORR who has a T-2, T-3, T-4, or T-5 Visa;
(h) is admitted as a special immigrant from Iraq or Afghanistan under Section 101 (a)(27) of the Immigration and Nationality Act; or
(i) is a lawful permanent resident (LPR) when the individual had previously met a status as listed in Subparagraphs (a) through (h) above;
(4) an
individual who meets the following eligibility requirements pursuant to
8.200.410 NMAC and 8.200.420 NMAC of citizenship or [alien] non-citizen
status, enumeration, residence, non-concurrent receipt of assistance and
applications for other benefits;
(5) appropriate
to the size of the budget group (not including the ineligible parent due to
citizenship or [alien] non-citizen status or enumeration),
countable gross income must be less than [185] one hundred and
eighty-five percent of the standard of need (SON) countable net income must
be less than the SON pursuant to 8.200.520 NMAC and 8.202.500 NMAC; and
(6) an applicant or an eligible recipient may have other creditable health insurance coverage.
B. An eligible recipient may have other creditable health insurance coverage. If the eligible recipient has other creditable health insurance coverage, RMA is the second payor.
C. An individual who is an inmate of a public institution is not eligible pursuant to 8.200.410 NMAC.
[8.249.400.9 NMAC - Rp, 8.249.400.9 NMAC, 1/1/2014; A, 1/1/2022]
8.249.400.18 [ALIEN]
NON-CITIZEN SPONSORSHIP: The income
support division (ISD) caseworker must notify the refugee’s sponsor or local
affiliate which provided for the resettlement of the refugee, when a refugee
applies for refugee medical assistance.
[8.249.400.18 NMAC - Rp, 8.249.400.18 NMAC, 1/1/2014; A, 1/1/2022]
8.249.400.23 BUDGET GROUP: The
budget group includes all members of the assistance unit. Additional budget group members include
individuals who live in the household with the assistance unit and have a
financial obligation of support.
A. Except for an supplemental
security income (SSI) recipient, the following individuals have a financial
obligation of support for medicaid eligibility:
(1) spouses:
married individuals as defined under applicable New Mexico state law (New
Mexico recognizes common law and same sex marriages established in other
states); and
(2) parents
for children: there is a presumption that a child born to a married woman is
the child of the spouse, or if the individual established parentage by some
other legally recognized process.
B. The following
individuals do not have a financial obligation of support for medicaid
eligibility:
(1) an SSI recipient to the assistance unit;
(2) a
father of the unborn child who is
not married to the pregnant woman;
(3) a
stepparent to a stepchild;
(4) a
grandparent to a grandchild;
(5) a
legal guardian or a conservator of a child;
(6) [an
alien] a non-citizen sponsor to the assistance unit; and
(7) a
sibling to a sibling.
C. Budget group earned income disregards and child care deductions vary based on the age group of the child. Refer to 8.232.500 NMAC.
[8.249.400.23 NMAC - N, 1/1/2014; A, 1/1/2022]