51,436 sections across 3,184 New Mexico regulatory chapters.
R.8.14.7-8.14.7.8 FACILITY RELEASE PANEL
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A. The facility release panel will conduct release consideration meetings at a minimum of monthly intervals to consider whether to grant release to juvenile offenders who are identified on the agenda. In addition to the regularly scheduled release consideration meetings, the pane…
R.8.14.7-8.14.7.9 ELIGIBILITY FOR SUPERVISED RELEASE
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A. A juvenile is eligible for supervised release any time after commitment to the department. A juvenile's supervised release date and placement is tentatively determined at their initial MDT meeting, based on the juvenile's client family baseline assessment and other information…
R.8.15.2-8.15.2.1 ISSUING AGENCY
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Children, Youth and Families Department.
R.8.15.2-8.15.2.10 APPLICATION PROCESS
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A. Clients apply for child care assistance benefits by presenting the following documents to establish eligibility:(1) a completed signed application form; (2) documentation of current countable earned and unearned income as listed below and defined in Paragraph (5) of Subsection…
R.8.15.2-8.15.2.11 ELIGIBILITY REQUIREMENTS
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Clients are eligible for child care assistance benefits upon meeting the requirements for eligibility as determined by the department and federal regulation. A. Child care staff will initiate communication at the initial determination of their eligibility period to provide outrea…
R.8.15.2-8.15.2.12 RECERTIFICATION
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Clients must recertify for services at the end of their eligibility period by complying with all requirements of initial certification. Clients who recertify will qualify at or below two hundred and fifty percent of the federal poverty level. Clients above two hundred and fifty p…
R.8.15.2-8.15.2.13 CLIENT RESPONSIBILITIES
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Clients must abide by the regulations set forth by the department and utilize child care assistance benefits only while they are working, attending school or participating in a training or educational program. A. Co-payments: Co-payments are paid by all clients receiving child ca…
R.8.15.2-8.15.2.14 CASE SUSPENSIONS AND CLOSURES
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A. A case may be suspended by the client if child care benefits are not being utilized for a period not to exceed three months with payment being discontinued to the provider. The client will remain eligible for child care assistance through the remainder of their eligibility per…
R.8.15.2-8.15.2.15 PROVIDER REQUIREMENTS
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Child care providers mustabide by all department regulations. Child care provided for recreational or other purposes, or at times other than those outlined in the child care placement agreement, are paid for by the client. A. All child care providers who receive child care assist…
R.8.15.2-8.15.2.16 DEPARTMENT RESPONSIBILITIES
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A. The department pays child care providers who provide child care services to department clients in a timely manner. B. Child care assistance workers perform all casework functions in a timely manner, including the processing of payments and notifications of case actions. C. Chi…
R.8.15.2-8.15.2.17 PAYMENT FOR SERVICES
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The department pays child care providers on a monthly basis, according to standard practice for the child care industry. Payment is based upon the child's enrollment with the provider as reflected in the child care placement agreement, rather than daily attendance. As a result, m…
R.8.15.2-8.15.2.18 UNDER PAYMENTS
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If a client or provider is underpaid for child care services, the department may issue a one-time payment within 15 calendar days of the department's knowledge or receipt of notification. Notification of the department by the client or provider must occur within three months of t…
R.8.15.2-8.15.2.19 OVER PAYMENT AND RECOUPMENT
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If a provider receives payment for services for which he/she is not entitled, or a client receives benefits on behalf of their child for which he/she is not entitled, and this results in an overpayment, the child care worker will initiate recoupment procedures unless the early ch…
R.8.15.2-8.15.2.2 SCOPE
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This policy applies to all clients seeking child care assistance benefits, all child care providers who provide services to clients qualifying for assistance benefits, and employees of the department who determine eligibility for child care assistance benefits. (See 8.15.2.8 NMAC…
R.8.15.2-8.15.2.20 FRAUD
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The purposeful misrepresentation of facts relating to eligibility for benefits, or knowingly omitting information that affects eligibility is fraud and appropriate sanctions, including recoupment, termination of benefits, and referral to law enforcement, are initiated by the depa…
R.8.15.2-8.15.2.21 SANCTIONS
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Sanctions may be imposed according to the severity of the infraction as determined by the department as detailed below. A. Providers or clients who fail to make timely payments in the case of recoupment of overpayments may be referred to a collection agency. B. The department may…
R.8.15.2-8.15.2.22 FAIR HEARINGS
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Clients who have been denied benefits, whose benefits have been reduced, terminated, or who have been sanctioned or disqualified from the program, or providers who have been sanctioned, disqualified from the program, had assistance payments suspended or terminated, or from whom a…
R.8.15.2-8.15.2.23 COMPLAINTS
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Clients or providers who are dissatisfied with the services provided by the department may express their complaints orally or in writing to the local field office, the central office, the director's office or the office of the department secretary. The department's toll free numb…
R.8.15.2-8.15.2.24 CO-PAYMENT SCHEDULE
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The department will develop and publish an annual co-payment schedule based on the federal poverty guidelines.
R.8.15.2-8.15.2.25 CONFIDENTIALITY
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Client files are established and maintained solely for use in the administration of the child care assistance program. Information contained in the records is confidential and is released only in the following limited circumstances: A. to the client upon request; B. to an individ…
R.8.15.2-8.15.2.3 STATUTORY AUTHORITY
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NMSA section 9-2A-7(1991).
R.8.15.2-8.15.2.4 DURATION
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Permanent
R.8.15.2-8.15.2.5 EFFECTIVE DATE
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October 1, 2016, unless a later date is cited at the end of section.
R.8.15.2-8.15.2.6 OBJECTIVE
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A. To establish standards and procedures for the provision of child care assistance benefits to eligible clients and to establish the rights and responsibilities of child care providers who receive payment for providing child care services to clients receiving benefits. To establ…
R.8.15.2-8.15.2.7 DEFINITIONS
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A. Terms beginning with the letter "A": (1) "Attending a job training or educational program" means actively participating in an in-person or online job training or educational program. (2) "At-risk child care" means a program for families at-risk as determined by the department.…
R.8.15.2-8.15.2.8 TYPES OF CHILD CARE
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These policies apply to child care assistance benefits provided to eligible children for the following types of child care to ensure that parents or legal guardians have a variety of child care services from which to choose: A. licensed child care programs administered by public …
R.8.15.2-8.15.2.9 PRIORITIES FOR ASSISTANCE
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Any funds received by the department under the child care development fund and other sources are expended for child care assistance pursuant to the following priorities: A. Priority one: Clients receiving temporary assistance to needy families (TANF) benefits to include TANF dive…
R.8.150.100-8.150.100.1 ISSUING AGENCY
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New Mexico Health Care Authority.
R.8.150.100-8.150.100.10 MISSION STATEMENT
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A. Household relatedpolicies: (1) HCA households: Households that receive benefits from programs administered by HCA will be notified of the LIHEAP application period. Those households that wish to apply for LIHEAP benefits may submit an application. It is HCA's policy to issue r…
R.8.150.100-8.150.100.11 RESPONSIBILITIES AND DELEGATION
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The income support division (ISD) of the HCA is responsible for administering the low income home energy assistance program (LIHEAP). A. State LIHEAP plan: Every year, ISD submits a state plan to the U.S. department of health and human services (DHHS) for New Mexico's administrat…
R.8.150.100-8.150.100.12 ISD FIELD OFFICE RESPONSIBILITIES
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Each of the field offices of the income support division in the state is responsible for: A. providing outreach and referrals regarding the LIHEAP program for low income applicants/ recipients, particularly disabled and elderly applicants/recipients, crisis applicants/recipients,…
R.8.150.100-8.150.100.2 SCOPE
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The rule applies to the general public.
R.8.150.100-8.150.100.3 STATUTORY AUTHORITY
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27 NMSA 1978 (1992 Repl.) provides for the health care authority to "...adopt, amend and repeal bylaws, rules and regulations...". It also provides for administration of public assistance programs. Section 9-8-1 et seq. NMSA 1978 establishes the health care authority (HCA) as a s…
R.8.150.100-8.150.100.4 DURATION
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Permanent.
R.8.150.100-8.150.100.5 EFFECTIVE DATE
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July 1, 2024, unless a different date is at the end of a section.
R.8.150.100-8.150.100.6 OBJECTIVE
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The objective of these regulations is to provide policy and procedures for the administration of the low-income home energy assistance program.
R.8.150.100-8.150.100.7 DEFINITIONS
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Unless otherwise apparent from the context, the following definition shall apply throughout these regulations. A life-threatening situation is a related emergency that poses a threat to the health or safety of one or more members of the household.
R.8.150.100-8.150.100.8 STATUTORY AUTHORITY
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The legal basis for the low income home energy assistance program (LIHEAP) is the Augustus F. Hawkins Human Services Reauthorization Act of 1990 (Public Law 101-501) as amended by Title III of the Human Services Amendments of 1994 (Public Law 103-252). Title XXVI of the Act is re…
R.8.150.100-8.150.100.9 SPECIFIC AUTHORITIES
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A. Assist eligible households: Section 2602(a) of the Low Income Home Energy Assistance Act states the purpose of LIHEAP is to assist eligible households in meeting the costs of home energy. HCA defines home energy as an energy expense that is incurred primarily for private resid…
R.8.150.110-8.150.110.1 ISSUING AGENCY
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New Mexico Health Care Authority.
R.8.150.110-8.150.110.10 DISPOSITION OF APPLICATION/NOTICE
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A. Income support division county office responsibilities: Households who complete the application process for LIHEAP benefits will be provided with a notice indicating whether they have been approved or denied. Upon acknowledgement of payment by the vendor, households will be pr…
R.8.150.110-8.150.110.2 SCOPE
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The rule applies to the general public.
R.8.150.110-8.150.110.3 STATUTORY AUTHORITY
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27 NMSA 1978 (1992 Repl.) provides for the health care authority (HCA) to "...adopt, amend and repeal bylaws, rules and regulations...". It also provides for administration of public assistance programs. Section 9-8-1 et seq. NMSA 1978 establishes the HCA as a single, unified dep…
R.8.150.110-8.150.110.4 DURATION
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Permanent.
R.8.150.110-8.150.110.5 EFFECTIVE DATE
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July 1, 2024, unless a different date is at the end of a section or paragraph.
R.8.150.110-8.150.110.6 OBJECTIVE
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The objective of these regulations is to provide policy and procedures for the administration of the low-income home energy assistance program.
R.8.150.110-8.150.110.7 DEFINITIONS [RESERVED]
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R.8.150.110-8.150.110.8 RIGHT TO APPLY
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A. Recipients/applicants: Anyone has the right to apply for any benefits provided by ISD whether or not it appears they will be eligible. B. Outreach: (1) HCA responsibilities: HCA conducts outreach regarding the LIHEAP program to eligible households, and particularly elderly and…
R.8.150.110-8.150.110.9 SUBMISSION OF FORMS
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A. Applicants: Any household may apply for benefits during the specified application period: (1) in person at any local county income support division office; (2) through the online application; or (3) submitting an application via mail or fax to any local county income support d…
R.8.150.410-8.150.410.1 ISSUING AGENCY
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New Mexico Health Care Authority.