New
Mexico Register / Volume XXXII, Issue 7 /April 6, 2021
NOTICE
OF RULEMAKING
The
Human Services Department (the Department), through the Medical Assistance
Division (MAD), is proposing to repeal and replace the New Mexico
Administrative Code (NMAC) rule 8.312.3
NMAC, Long Term Care Services – Nursing Services, Cost Related Reimbursement
of Nursing Facilities and amend 8.311.3 NMAC, Hospital Services, Methods
and Standards for Establishing Payment - Inpatient Hospital Services. The proposed rule changes are to provide a
retention period that is in accordance with 42 CFR 425.314 subpart (b)(2) and to provide a defined period in which the financial
and statistical records must be retained.
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: April 6, 2021
Hearing Date: May 20, 2021
Adoption Date: Proposed as September 1, 2021
Technical Citations: 42 CFR 425.314 subpart (b)(2)
The Department is proposing to amend the rules
as follows:
8.312.3 NMAC
Section 8 is being amended to include the
Department’s current mission statement.
Section 11, Subsection D, Paragraph (1) is being
amended to provide a more defined retention period by replacing the “period of
not less than four years” with “10 years”.
Section 11, Subsection D, Paragraph (2) is being
amended to provide a more defined retention period by replacing the “period of
not less than three years” with “10 years”.
Throughout the rule amendments are made to comply
with NMAC rule formatting requirements.
8.311.3 NMAC
Section 8 is being amended to include the
Department’s current mission statement.
Section 14, Subsection D, Paragraph (1) is being
amended to provide a more defined retention period by replacing the “period of
not less than four years” with “10 years”.
Section 14, Subsection D, Paragraph (2) is being
amended to provide a more defined retention period by replacing the “period of
not less than three years” with “10 years”.
The
register for the proposed amendments to these rules will be available April 20,
2021 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 September 1, 2021.
A public hearing to receive testimony on these rules will be held via
conference call on Thursday, May 20, 2021 at 10 a.m., Mountain Time (MT). Conference phone number: 1-800 -747-5150. Access Code:
2284263.
Interested
parties may submit written comments directly to: Human Services Department, Office of the
Secretary, ATT: Medical Assistance Division Public Comments, P.O. Box 2348,
Santa Fe, New Mexico 87504-2348.
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.