New
Mexico Register / Volume XXXIV, Issue 5 / March 14, 2023
NOTICE OF
RULEMAKING
New Mexico Human Services
Department filed an emergency rule change on March 1, 2023, for 8.321.2 NMAC,
Specialized Behavioral Health Provider Enrollment and Reimbursement to ensure
the Department is not in conflict with Federal
Medicaid law, 42 C.F.R. § 431.52(b), which requires the provision of and
payment for, covered services out-of-state when they are unavailable
in-state. The Department is
re-promulgating this rule in full within six months of issuance of the
emergency rule in accordance with the New Mexico State Rules Act.
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: March 14, 2023
Public Hearing: April 13, 2023
Adoption Date: July 1, 2023
Technical Citations: 42 C.F.R. § 431.52(b)
The Department has amended the rule as
follows:
8.321.2.37 NMAC
Section A Eligible Agencies
To ensure
alignment with federal Medicaid requirements regarding payments for services
furnished out-of-state, HSD is amending this section to allow Treatment Foster
Care (TFC) to be provided by an out-of-state TFC agency when the agency has
equivalent accreditation and is licensed in their own state as a TFC agency.
These amendments will be contained in
8.321.2 NMAC. The proposed register and
rule languages are available on the HSD website at: https://www.hsd.state.nm.us/lookingforinformation/registers/
and https://www.hsd.state.nm.us/public-information-and-communications/opportunity-for-public-comment/public-notices-proposed-waiver-changes-and-opportunities-to-comment/comment-period-open/. If you do not have internet access, a copy of
the final register and rules may be requested by contacting the Medical
Assistance Division at (505) 827-1337.
A
public hearing to receive testimony on this rule change will be held via
conference call on Thursday, April 13, 2023, at 10:00 am, Mountain Time
(MT). Conference phone number: 1-800-747-5150. Access Code:
2284263.
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 the MAD in
Santa Fe at (505) 827-1337. The
Department requests at least 10 working days advance notice to provide
requested alternative formats and special accommodations.
Copies of all comments will be made
available by 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.
Interested persons may address written
comments to:
Human Services Department
Office of the Secretary
ATTN:
Medical Assistance Division Public Comments
P.O. Box 2348
Santa Fe, New Mexico 87504-2348
Recorded comments may be left at (505) 827-1337. Interested persons may also address comments
via electronic mail to: madrules@state.nm.us.
Written mail, electronic mail and recorded comments must be received no
later than 5 p.m. MT on April 13, 2023.
Written and recorded comments will be given the same consideration as
oral testimony made at the public hearing.
All written comments received will be posted as they are received on the
HSD website at https://www.hsd.state.nm.us/public-information-and-communications/opportunity-for-public-comment/public-notices-proposed-waiver-changes-and-opportunities-to-comment/comment-period-open/
along with the applicable register and rule.
The public posting will include the name and any contact information
provided by the commenter.