51,436 sections across 3,184 New Mexico regulatory chapters.
R.8.291.410-8.291.410.13 IDENTITY
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Refer to 8.200.410.12 NMAC.
R.8.291.410-8.291.410.14 CITIZENSHIP/ALIEN STATUS
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Refer to 8.200.410.12 NMAC.
R.8.291.410-8.291.410.15 RESIDENCE
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To meet MAP requirements for eligibility, applicants or recipients must be living in New Mexico on the date of application or final determination of eligibility and have demonstrated an intention to remain in the state. A. Establishing residence: Residence in New Mexico is establ…
R.8.291.410-8.291.410.16 NON-CONCURRENT RECEIPT OF ASSISTANCE
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A MAP applicant or recipient receiving medicaid in another state is not eligible for MAP enrollment in accordance with 8.200.410 NMAC.
R.8.291.410-8.291.410.17 APPLICATIONS FOR OTHER BENEFITS
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As a condition of eligibility, a MAP applicant or recipient must take all necessary steps to obtain any benefits he or she is entitled to in accordance with 8.200.410 NMAC.
R.8.291.410-8.291.410.18 APPLICATIONS (42 CFR 435.907)
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A. Basis and implementation. In accordance with section 1413(b)(1)(A) of the Affordable Care Act, HSD will accept an application from the applicant, an adult who is in the applicant's household, as defined in 42 CFR 435.603, or family, as defined in section 36B(d)(1) of the Code,…
R.8.291.410-8.291.410.19 PERIODIC RENEWAL OF MEDICAID ELIGIBILITY (42 CFR 435.916)
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A. Renewal of individuals whose medicaid eligibility is based on MAGI. (1) Except as provided in Subsection D of 8.291.410.19 NMAC, the eligibility of medicaid beneficiaries whose financial eligibility is determined using MAGI-based income must be renewed once every 12 months, an…
R.8.291.410-8.291.410.2 SCOPE
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The rule applies to the general public.
R.8.291.410-8.291.410.20 VERIFICATION METHODS
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Verification will be obtained through various methods. Not all methods will necessarily be used in each case. This section details the specific types of methods to be used in establishing the applicant or recipient's eligibility. A. Prior case data not subject to change: Verifica…
R.8.291.410-8.291.410.21 VERIFICATION STANDARDS
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Below is a list of standards HSD will utilize to determine eligibility for MAP categories defined at 8.291.400.10 NMAC. If verification cannot be confirmed utilizing the various methods described in each section of this rule, HSD may request additional information. If information…
R.8.291.410-8.291.410.22 VERIFYING FINANCIAL INFORMATION (42 CFR 435.948)
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A. HSD will request the following information relating to financial eligibility from other agencies in the state and other states and federal programs to the extent HSD determines such information is useful to verifying the financial eligibility of an individual. (1) Information …
R.8.291.410-8.291.410.23 VERIFICATION OF INFORMATION THROUGH AN ELECTRONIC SERVICE (42 CFR 435.949(a) and (b))
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The federal government will establish an electronic service through which HSD may verify certain information with, or obtain such information from, federal agencies and other data sources, including SSA, the department of treasury, and the department of homeland security. To the …
R.8.291.410-8.291.410.24 USE OF INFORMATION AND REQUESTS OF ADDITIONAL INFORMATION FROM INDIVIDUALS (42 CFR 435.952)
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A. HSD will promptly evaluate information received or obtained by it in accordance with regulations per 42 CFR 435.940 through 435.960 to determine whether such information may affect the eligibility of an individual or the benefits to which he or she is entitled. B. If informati…
R.8.291.410-8.291.410.25 VERIFICATION PLAN
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HSD has a verification plan describing the verification policies and procedures to implement the provisions set forth in 42 CFR 435.940 through 435.956 and 8.100.130 and 8.291.410 NMAC. The state verification plan is posted on the HSD website.
R.8.291.410-8.291.410.26 TIMEFRAME FOR DISPOSITION
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An applicant or recipient is given a timeframe to provide necessary verification in order for ISD to process an application within the timeframe set forth in this section. This requirement pertains to requests for verification for initial applications as well as for verification …
R.8.291.410-8.291.410.3 STATUTORY AUTHORITY
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The New Mexico medicaid program is administered pursuant to regulations promulgated by the federal department of health and human services under Title XIX of the Social Security Act as amended or by state statute. See Section 27-1-12 et seq., NMSA 1978. Section 9-8-1 et seq. NMSA…
R.8.291.410-8.291.410.4 DURATION
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Permanent.
R.8.291.410-8.291.410.5 EFFECTIVE DATE
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October 1, 2017, unless a later date is cited at the end of a section.
R.8.291.410-8.291.410.6 OBJECTIVE
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The objective of this rule is to provide eligibility guidelines when determining eligibility for the medical assistance division (MAD) medical assistance programs (MAP) and other health care programs it administers. Processes for establishing and maintaining this category of elig…
R.8.291.410-8.291.410.7 DEFINITIONS
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Refer to 8.291.400.7 NMAC.
R.8.291.410-8.291.410.8 RESERVED
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R.8.291.410-8.291.410.9 GENERAL RECIPIENT REQUIREMENTS
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To be eligible for MAP, applicants or recipients must meet specific requirements as outlined in this part.
R.8.291.420-8.291.420.1 ISSUING AGENCY
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New Mexico Health Care Authority.
R.8.291.420-8.291.420.10 RELEASE OF INFORMATION/CONFIDENTIALITY
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Refer to 8.200.430.11 NMAC.
R.8.291.420-8.291.420.11 RIGHT TO ADEQUATE NOTICE AND ADMINISTRATIVE HEARING
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Refer to 8.200.430.12 NMAC.
R.8.291.420-8.291.420.12 ASSIGNMENT OF MEDICAL SUPPORT RIGHTS
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Refer to 8.200.430.13 NMAC.
R.8.291.420-8.291.420.13 ELIGIBLE RECIPIENT RESPONSIBILITY TO COOPERATE WITH ASSIGNMENT OF SUPPORT RIGHTS
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Refer to 8.200.430.14 NMAC.
R.8.291.420-8.291.420.14 ELIGIBLE RECIPIENT RESPONSIBILITY TO GIVE PROVIDER PROPER IDENTIFICATION AND NOTICE OF ELIGIBILITY CHANGES
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Refer to 8.200.430.15 NMAC.
R.8.291.420-8.291.420.15 ELIGIBLE RECIPIENT FINANCIAL RESPONSIBILITIES
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Refer to 8.200.430.16 NMAC.
R.8.291.420-8.291.420.16 RESTITUTION
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Refer to 8.200.430.17 NMAC.
R.8.291.420-8.291.420.17 THIRD PARTY LIABILITY
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Refer to 8.200.420.12 NMAC.
R.8.291.420-8.291.420.18 MAD ESTATE RECOVERY
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Refer to 8.200.420.13 NMAC.
R.8.291.420-8.291.420.2 SCOPE
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The rule applies to the general public.
R.8.291.420-8.291.420.3 STATUTORY AUTHORITY
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The New Mexico medicaid program is administered pursuant to regulations promulgated by the federal department of health and human services under Title XIX of the Social Security Act as amended or by state statute. See Section 27-1-12 et seq. NMSA 1978. Section 9-8-1 et seq. NMSA …
R.8.291.420-8.291.420.4 DURATION
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Permanent.
R.8.291.420-8.291.420.5 EFFECTIVE DATE
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January 1, 2014, unless a later date is cited at the end of a section.
R.8.291.420-8.291.420.6 OBJECTIVE
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The objective of this rule is to provide eligibility guidelines when determining eligibility for the medical assistance division (MAD) medicaid program and other health care programs it administers. Processes for establishing and maintaining this category of eligibility are found…
R.8.291.420-8.291.420.7 DEFINITIONS
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Refer to 8.291.400.7 NMAC.
R.8.291.420-8.291.420.8 RIGHT TO APPLY
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A. An individual has the right to apply for medicaid and other health care programs MAD administers regardless of whether it appears he or she may be eligible. (1) The income support division (ISD) determines eligibility for medicaid, unless otherwise determined by another entity…
R.8.291.420-8.291.420.9 FREEDOM OF CHOICE OF PROVIDER
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Refer to 8.200.430.10 NMAC.
R.8.291.430-8.291.430.1 ISSUING AGENCY
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New Mexico Health Care Authority (HCA).
R.8.291.430-8.291.430.10 [Effective until 8/1/2025] FEDERAL POVERTY LEVEL (FPL)
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This part contains the monthly federal poverty level table for use in determining monthly income standards for MAP categories of eligibility outlined in 8.291.400.10 NMAC: HOUSEHOLD SIZE 100% 133% 138% 190% 240% 250% 300% 1 $1,305 $1,735 $1,800 $2,478 $3,130 $3,261 $3,913 2 $1,76…
R.8.291.430-8.291.430.11 INCOME STANDARD FOR PREGNANT WOMEN AND PARENT CARETAKER ELIGIBILITY
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This part contains the MAP category of pregnant women and parent caretaker eligibility's fixed monthly standard for an applicant or recipient: HOUSEHOLD SIZE MONTHLY INCOME LIMIT 1 $451 2 $608 3 $765 4 $923 5 $1,080 6 $1,238 7 $1,395 8 $1,553 +1 $158
R.8.291.430-8.291.430.12 INCOME DISREGARD
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A disregard of five percent of 100 percent of the current FPL, according to the applicant's or recipient's budget group size, will be given according to the Affordable Care Act (ACA) related category of eligibility. This income disregard will be subtracted from the countable inco…
R.8.291.430-8.291.430.13 LIVING ARRANGEMENT
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All individuals listed on the MAP application are evaluated according to their living arrangement to determine if they can be included in an assistance group or budget group. A. Extended living in the home: An individual physically absent from the home is a member of the assistan…
R.8.291.430-8.291.430.14 BASIS FOR DEFINING THE ASSISTANCE UNIT AND BUDGET GROUPS
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At the time of a MAP application, an applicant or recipient and ISD shall identify everyone who is to be considered for inclusion in an assistance unit and budget group. The composition of the assistance unit and budget group is based on the following factors: A. Assistance group…
R.8.291.430-8.291.430.15 INCOME STANDARDS
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Verification of income, both earned and unearned, is mandatory for all MAP categories of ACA related eligibility. Verification methods can be found at 8.291.410 NMAC. A. All income will be calculated as defined by Section 36B of the Federal Tax Code to produce a MAGI. This amount…
R.8.291.430-8.291.430.16 RESOURCE STANDARDS
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Resources as defined in 8.100.130 NMAC are not a factor of eligibility for a MAP category of ACA eligibility.
R.8.291.430-8.291.430.2 SCOPE
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The rule applies to the general public.
R.8.291.430-8.291.430.3 STATUTORY AUTHORITY
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The New Mexico medicaid program and other health care programs are administered pursuant to regulations promulgated by the federal department of health and human services under Title XIX of the Social Security Act as amended or by state statute. See Section 27-1-12 NMSA et seq.