New Mexico Register / Volume XXXII, Issue 24 / December 28, 2021
This is an amendment to 8.295.500 NMAC, Sections 8, 10,
11 and 12, effective 1/1/2022.
8.295.500.8 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.
[8.295.500.8 NMAC - Rp, 8.295.500.8 NMAC, 1/1/2014; A, 1/1/2022]
8.295.500.10 INCOME STANDARD:
A. Financial
eligibility: An individual's financial
eligibility is based on the rules in this chapter and 8.291.430 NMAC.
B. Income
test: In order to become eligible for
children’s medicaid, the total countable income of the budget group must be
less than the income standard for eligibility found at 8.291.430 NMAC.
(1) If the assistance unit consists of a
child under the age of six, the assistance unit and budget group’s countable
income must be less than [300] three hundred percent of FPL for
the countable household size.
(2) If the assistance unit consists of a
child age six to age 19, the assistance unit and budget group’s countable
income must be less than [240] two hundred and forty percent of
FPL for the countable household size.
[8.295.500.10 NMAC - Rp,
8.295.500.10 NMAC, 1/1/2014; A, 1/1/2022]
8.295.500.11 INCOME ELIGIBILITY: [Income from a 30 day-period is used
to determine eligibility. Income from a
terminated source is not counted. If an
amount of income is received less frequently than monthly, that amount is
converted by dividing the total income by the number of months the income is
intended to cover. Income received more
frequently than monthly will be converted using the following multipliers:
A. four
(paid weekly);
B. two
(paid biweekly/semi-monthly).] Income
methodology is based on modified adjusted gross income (MAGI) in accordance
with 42 Code of Federal Regulations (CFR) 435.603. Per 42 CFR 435.603(h)(2) HSD bases financial
eligibility on current monthly household income and family size. Current monthly household income is defined
as a 30-day period. If an amount
of income is received less frequently than monthly, that amount is converted by
dividing the total income by the number of months the income is intended to
cover.
[8.295.500.11 NMAC - Rp,
8.295.500.11 NMAC, 1/1/2014; A, 1/1/2022]
8.295.500.12 DISREGARDS: An income disregard according to 8.291.430 NMAC,
will be given only to the following:
A. individuals
whose budget group’s countable MAGI income is at or above [190] one
hundred and ninety percent of the FPL if the assistance unit consists of a
child age six to age 19, or [240] two hundred and forty percent
of the FPL if the assistance unit consists of a child under the age of six; when
a child has a QHP, an income disregard will be given when the existence of the
QHP makes the individual ineligible due to CHIP requirements found at 8.295.400
NMAC; or
B. individuals
whose budget group’s countable MAGI income is at or above [240] two
hundred and forty percent of the FPL if the assistance unit consists of a
child age six to age 19, or [300] three hundred percent of the
FPL if the assistance unit consists of a child under the age of six.
[8.295.500.12
NMAC - Rp, 8.295.500.12 NMAC, 1/1/2014; A, 1/1/2022]