New Mexico Register / Volume XXXV,
Issue 9 / May 7, 2024
NOTICE OF PROPOSED RULEMAKING
On July
1, 2024, the New Mexico Human Services Department (the Department) will become
the New Mexico Health Care Authority (“HCA”), pursuant to the passage of S16
during the 2023 NM Legislative Session and signed into law
by NM Governor Michelle Lujan Grisham. To bring the New Mexico Administrative Code (NMAC) into
full alignment with this change, the Department is proposing to repeal within
Title 7 of the New Mexico Administrative Code several Department of Health
(DOH) rules and to establish HCA authority over certain programs and oversight
activities with adoption of new rules within Title 8 of the New Mexico
Administrative Code. Change of
department name and statutory authority are the only substantive proposed
changes to the rules. There are no
programmatic or other substantive changes proposed for any new rule. This process of repealing DOH rules and
adopting new HCA rules is necessary under 1.24.11.9 NMAC.
Section
9-8-6 NMSA 1978, authorizes the HSD Secretary to promulgate rules and
regulations that may be necessary to carry out the duties of the Department and
its divisions, and DOH has delegated HSD authority to carry out these rule
changes on its behalf. (See attached letter.).
All the DOH rules HSD proposes to make changes to are listed at the end
of this notice, clearly marked which will be amended and which will be repealed
and replaced.
Copies
of these proposed changes are available online from the HSD website at: https://www.hsd.state.nm.us/lookingforinformation/registers/
and https://www.hsd.state.nm.us/2024-comment-period-open/. If you do not
have internet access, a copy of the proposed register and rule may be requested
by contacting HSD at (505) 709-8865.
Notice Date: May 7, 2024
Hearing Date: June 7, 2024
Proposed Effective Date: July 1, 2024
A public hearing to receive testimony on
these repeals will be held on June 7, 2024, at 2:30 pm Mountain Time (MT). There are three
options for attending the hearing:
1.
Attend
in person by coming to the large conference room at the Administrative Services Division (ASD), 1474 Rodeo Rd., Santa Fe, NM
87505.
2.
Join
the Zoom webinar on your computer, mobile app or room
device:
https://us02web.zoom.us/j/82263420751?pwd=aVVtZjFGWE41eUZxTXVOdlVaOUx1dz09
Webinar ID 822
6342 0751
Passcode 144466
3.
Or
call in (audio only):
+1-719-359-4580 or +1-253-205-0468
Webinar ID 822
6342 0751
Passcode 144466
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 HSD at (505) 709-8865. 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 upon request by providing copies directly to a requestor or by making
them available on the Department’s 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:
HSD/HCA Rule Change Public Comments
P.O. Box 2348
Santa Fe, New Mexico 87504-2348
Recorded comments may be left at (505) 709-8865. Interested persons
may also address comments via electronic mail to: Diane.Bilodeau@hsd.nm.gov.
Written mail, electronic mail and recorded comments must be received no
later than 5 p.m. MT on June 7, 2024.
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/2024-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.
DOH rules to be repealed and replaced with new
part numbers in Title 8
|
DOH Rule number to be repealed |
New Title 8 rule numbers |
New Title 8 Rule names |
|
8.370.2
NMAC |
Adjudicatory
Hearings for Licensed Facilities |
|
|
7.1.7 NMAC |
8.370.3 NMAC |
Health Facility Licensure Fees and Procedures |
|
7.1.8 NMAC |
8.370.4 NMAC |
Health Facility Sanctions and Civil Monetary
Penalties |
|
7.1.9 NMAC |
8.370.5 NMAC |
Caregivers Criminal History Screening
Requirements |
|
7.1.10 NMAC |
8.370.6 NMAC |
Access to Medical Records by Disability
Applicants |
|
7.1.11 NMAC |
8.370.7 NMAC |
Health Facility Receivership Requirements |
|
7.1.12 NMAC |
8.370.8 NMAC |
Employee Abuse Registry |
|
7.1.13 NMAC |
8.370.9 NMAC |
Incident Reporting, Intake, Processing and
Training Requirements |
|
7.1.14 NMAC |
8.370.10 NMAC |
Abuse, Neglect, Exploitation, and Death
Reporting, Training and Related Requirements for Community Providers |
|
7.1.32 NMAC |
8.370.11 NMAC |
Long-Term Care Facility Dementia Training |
|
7.7.2. NMAC |
8.370.12 NMAC |
Requirements for Acute Care, Limited Services
and Special Hospitals |
|
7.7.3 NMAC |
8.370.13 NMAC |
Requirements for Rural Emergency Hospitals |
|
7.8.2 NMAC |
8.370.14 NMAC |
Assisted Living Facilities for Adults |
|
7.8.4 NMAC |
8.370.15 NMAC |
General Requirements for Boarding Homes |
|
7.9.2 NMAC |
8.370.16 NMAC |
Requirements for Long Term Care Facilities |
|
7.10.2 NMAC |
8.370.17 NMAC |
Requirements for Freestanding Birth Centers |
|
7.11.2 NMAC |
8.370.18 NMAC |
Requirements for Facilities Providing
Outpatient Medical Services and Infirmaries |
|
7.12.2 NMAC |
8.370.19 NMAC |
Requirements for In home and Inpatient
Hospice Care |
|
7.13.2 NMAC |
8.370.20 NMAC |
Requirements for Adult Day Care Facilities |
|
7.14.2 NMAC |
8.370.21 NMAC |
Quality Management System and Review
Requirements for Providers of Community Based Services |
|
7.28.2 NMAC |
8.370.22 NMAC |
Requirements for Home Health Agencies |
|
7.36.2 NMAC |
8.370.24 NMAC |
Requirements for End Stage Renal Disease
Facilities |
|
16.12.20 NMAC |
8.370.25 NMAC |
Hearing Requirements for Certified Nurse
Aides |
|
|
8.371.1 NMAC |
General Provisions [RESERVED] |
|
7.26.2 NMAC |
8.371.2 NMAC |
Requirements for Intermediate Care Facilities
for the Mentally Retarded |
|
7.26.3 NMAC |
8.371.3 NMAC |
Rights of Individuals with Developmental
Disabilities Living in the Community |
|
7.26.4 NMAC |
8.371.4 NMAC |
Client Complaint Procedures |
|
7.26.5 NMAC |
8.371.5 NMAC |
Service Plans for Individuals with
Developmental Disabilities Living in the Community |
|
7.26.6 NMAC |
8.371.6 NMAC |
Requirements for Developmental Disabilities
Community Programs |
|
7.26.7 NMAC |
8.371.7 NMAC |
(Appendix A) Individual Transition Planning
Process |
|
7.26.8 NMAC |
8.371.8 NMAC |
(Appendix B) Dispute Resolution Process |
|
7.26.9 NMAC |
8.371.9 NMAC |
Admission, Discharge and Transfer of Eligible
Recipients for Services in ICF / MR Facilities |
|
7.20.3 NMAC |
8.321.6 NMAC |
Requirements for Community Mental Health
Centers |
|
7.20.4 NMAC |
8.321.7 NMAC |
Behavioral Health Capital Fund Program |
|
7.32.2 NMAC |
8.321.8 NMAC |
Admission Criteria for Alcohol and Substance
Services |
|
7.32.5 NMAC |
8.321.9 NMAC |
Procurement of Professional Services for Alcohol
and Substance Abuse Services |
|
7.32.8 NMAC |
8.321.10 NMAC |
Opioid Treatment Programs |
|
7.30.13 NMAC |
8.321.11 NMAC |
Crisis Triage Centers |