New Mexico Register / Volume XXXII, Issue 12 /June 22, 2021
This is an amendment to 8.292.400 NMAC, Sections 8 and 9,
effective 7/1/2021.
8.292.400.8 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 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.
[8.292.400.8 NMAC - Rp, 8.292.400.8 NMAC, 1/1/2014; A, 7/1/2021]
8.292.400.9 WHO CAN BE A RECIPIENT:
To be eligible, an individual must meet specific eligibility
requirements:
[ A. The individual
must be a biological, step or adoptive parent of a child, provided they live
with the child. There is a presumption
that a child born to a married woman is the child of the husband.
B. When the parent does
not live with the child, specified relative(s) within the fifth degree of
relationship by blood, marriage or adoption, as determined by New Mexico
statute Chapter 45 - Uniform Probate Code, who live with the child are evaluated
as a specified relative caretaker(s). Refer
to the relationship section in 8.291.410 NMAC.
C. A parent
caretaker(s) whose only dependent child is an SSI recipient under age 18 may be
an eligible recipient. If the parent does
not live in the household, then the specified relative may be an eligible
recipient.
D. An individual
who meets the eligibility requirements pursuant to 8.291.400 through 8.291.430 NMAC.
E. Prior to the
parent caretaker individual becoming an eligible recipient, all children listed
on an application must meet the following:
(1) be
evaluated for eligibility for a medicaid program if not already eligible; or
(2) if
not medicaid eligible, have current health insurance coverage that meets
criteria as a qualified health plan.]
A. In accordance with 42 Code of Federal
Regulations (CFR) 435.4 an individual must be a parent or caretaker relative
defined as a relative of a dependent child by blood, adoption, or
marriage with whom the child is living, who assumes primary responsibility for
the child's care (as may, but is not required to, be indicated by claiming the
child as a tax dependent for federal income tax purposes), and who is within
the fifth degree of relationship per Subsection C of 8.291.410.12 NMAC.
B. In accordance
with 42 CFR 435.4 a dependent child is defined as one who
meets both of the following criteria:
(1) is under the age of 18, or;
(2) is age 18 and a full-time student in
secondary school (or equivalent vocational or technical training), if before
attaining age 19 the child may reasonably be expected to complete such school
or training.
C. An individual who meets the
eligibility requirements pursuant to 8.291.400 through 8.291.430 NMAC.
D. Prior to the parent caretaker individual becoming an
eligible recipient, all children listed on an application must meet the
following:
(1) be
evaluated for eligibility for a medicaid program if not already eligible; or
(2) if
not medicaid eligible, have current health insurance coverage that meets
criteria as a qualified health plan.
[8.292.400.9 NMAC - Rp, 8.292.400.9 NMAC, 1/1/2014; A, 7/1/2021]