New Mexico Register / Volume XXXVII,
Issue 4 / February 24, 2026
NOTICE OF PROPOSED RULEMAKING
8.100.130 NMAC
Section 26
On July 4, 2025, President Donald
J. Trump signed into law House of Representatives (H.R. 1), which included
Section 10102 (SNAP Work Requirements), Section 10105 (SNAP Matching Funds
Requirements), and Section 10108 (Immigration SNAP Eligibility). Under H.R. 1, Section 10102 and 10108, the
federal requirements were to be implemented no later than November 1,
2025. However, the Authority received
formal notification and detailed federal guidance from the United States
Department of Agriculture (USDA) Food and Nutrition Service (FNS) on:
* October 3, 2025: Received SNAP Provisions for Section
10102
* October 30, 2025: Received SNAP Provisions for Section
10108
These changes became
effective upon enactment. Due to the
untimely receipt of federal guidance, the Authority was unable to meet November
1, 2025. The Health Care Authority (HCA)
Income Support Division (ISD) implemented a temporary emergency rule effective
January 1, 2026. This emergency rule
does not permanently amend or repeal the existing rule and will remain in
effect only until a permanent rule is adopted through the regular rulemaking
process.
HCA is also proposing
amendments to 8.100.130 NMAC to eliminate client self-attestation as
verification for shelter, utility, and dependent care expenses. H.R. 1 Section
10105, SNAP Matching Funds, establishes a SNAP Quality Control incentive
requiring states to contribute matching funds toward SNAP benefit allotments
based on their payment error rate. The
required state share ranges from 0 to 15 percent depending on the States SNAP
Payment Error Rate (PER) and begins in Fiscal Year 2028.
HCA is working to reduce its
payment error rate to below 6 percent to minimize the State’s required match.
Eliminating client self-attestation for shelter, utility and dependent care
expenses is expected to reduce the error rate.
HCA’s analysis found that
client self-attestation significantly contributes to payment errors,
particularly client-caused errors that could have been prevented with
documentation. Error data from federal
fiscal years 2023 and 2024 and October 2024–July 2025 indicate the overall
payment error rate could have been reduced by an average of 3–6%. This corrective action is essential to
protect program integrity, accuracy, and State resources.
The Authority is proposing
rule to implement the following sections of the New Mexico Administrative Code
(NMAC):
Revises the language
in accordance with H.R.1 Section
10105:
A. The applicant/recipient is required to provide verification to determine if the household can claim the shelter
expense:
(1) An
obligation to pay for monthly shelter expenses is considered a deduction for
SNAP. If verification of a shelter
expense is requested and not provided, the SNAP benefits will be determined
without allowing a deduction for shelter expenses. Documents which
may be used to verify the obligation to pay
for shelter include:
(2) If documentary evidence is not readily available, a collateral contact
may be selected to verify the obligation to pay for shelter or the
use other acceptable methods of verification as set forth in 8.100.130.9 NMAC.
B. An obligation to pay for the utility expense is considered a
deduction for SNAP. If verification of a utility expense is requested and not provided,
the SNAP benefits will be determined without allowing a deduction for the
utility expenses. Documents which may be
used to verify the obligation to pay for the utility expense include:
(5) if documentary evidence is not readily available, a collateral contact may be selected to verify the obligation to pay for utilities or the use other acceptable methods of verification as set forth in 8.100.130.9 NMAC.
Revises the language
in accordance with H.R.1 Section
10105:
A. An obligation to pay for the dependent care expense is considered a deduction for SNAP. If verification of a dependent care expense is requested and not provided, the SNAP
benefits will be determined without allowing a deduction for the dependent care
expenses. Documents which may be used to
verify the obligation to pay for the dependent care expenses include:
B. (4)
if documentary evidence is not readily available, a collateral contact
may be selected as verification of dependent care cost or use the other acceptable methods of
verification as set forth in 8.100.130.9 NMAC.
Revises the language
in accordance with H.R.1 Section
10108:
“The authority will determine eligibility for non-citizens.
A. a resident of the United
States; and
B. one of the
following:
(1) a citizen or national of the
United States; or
(2) an individual who lawfully resides
in the United States in accordance with Compacts of Free
Association (COFA) citizens
referred to in section 402(b)(2)(G) of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996; or
(3) a non-citizen who has been granted
the status of Cuban and Haitian
entrant, as defined in
section 501(e) of the Refugee Education Assistance Act of 1980 (Public Law
96-422); or
(4) a
non-citizen lawfully admitted
for permanent residence (LPR) as an immigrant as defined by sections 101(a)(15) and 101(a)(20) of
the Immigration and Nationality Act, excluding, among others, visitors,
tourists, diplomats, and students who enter the United States temporarily with
no intention of abandoning their residence in a foreign county must meet one of
the following requirements:
(a) Have resided in the United States
with a qualified non-citizen status
for a period of 5 years or more beginning on the date of
their entry into the United States; or
(b) Exempt from the five-year waiting
period by meeting
one of the following below:
(i) under 18 years of age; or
(ii) individual with 40 qualifying quarters;
or
(iii) lawfully residing
in the U.S. and 65 or older on August
22, 1996; or
(iv) individuals with a military connection including veterans, active-duty personnel, and their spouses
and dependents, the spouse or unmarried dependent
child of an individual; or
(v) Hmong or Highland
Laotian tribal members;
or
(vi) blind or disabled; or
(vii) Certain American
Indians born abroad;
or
(viii) a non-citizen admitted as a refugee under section 207 of INA; or
(ix) a non-citizen granted
asylum under section
208 INA; or
(x) a non-citizen’s deportation is withheld under section 243(h) INA or section 241(b)(3) INA; or
(xi) a non-citizen admitted
to the United States as an Amerasian; or
(xii) a non-citizen admitted to the United States as an Iraqi or Afghan
special immigrant (SIV-Special Immigrant Visa); or
(xiii) a non-citizen is a victim
of human trafficking; or
(xiv) certain Afghan Nationals granted parole between July 31, 2021, and September 30, 2023; or
(xv) certain Ukrainian Nationals granted parole between February 24, 2022, and September 30, 2024.
C. Verification of immigrant status is determined in accordance with 7 CFR 273.2(f) and reasonable opportunity is provided
pursuant to 7 CFR 273.2(f)(1)(c).
D. Reporting undocumented non-citizens:
(1) HCA shall inform the local DHS office only when an official determination is made that any individual who is applying for or receives benefits is present in the U.S. in violation of the INA. An official determination that an undocumented immigrant is in the U.S. in violation of the INA is only made when:
(a) the undocumented non-citizens unlawful presence is a
finding of fact or conclusion of
law that is made by HCA as part of a formal determination about the
individual’s eligibility; and
(2) HCA finding is supported by a determination by DHS or the executive office of
immigration review (EOIR) that the non-citizen is unlawfully residing in the
US, such as a final order of deportation. A systematic alien verification for entitlements (SAVE)
response showing no service record on an individual or an
immigration status making the individual ineligible for a benefit is not a
finding of fact or conclusion of law that the individual is not lawfully
present.
(3) Undocumented immigrant
status is considered reported when ISD enters the information about the non-citizen into
the household's computer file.
(4) When a household indicates inability or unwillingness to provide documentation of immigrant status
for any household member, HCA must classify that member as an ineligible
immigrant. In such cases HCA must not continue efforts to obtain that
documentation.”
Revises the language
in accordance with H.R.1 Section
10102:
* Subsection A. by:
* Adding language “are ages 18-64” to clarify
the applicable age range
* Removing the table with “age limit” and “date ends”.
* Subsection D. by:
* Adding “Upon approval from United States Department of Agriculture (USDA), Food and Nutrition Service (FNS),
ISD will waive the three-month time limit requirement for the following individuals in accordance with 7
CFR 273.24(f)”
* Removing language in “(1)” and “(2)”.
* Subsection F. by:
* Removing the following individuals “(3) homeless, (4) Veterans, (5) 24 years
or younger”.
* Adding the following
language:
* “The time limit
does not apply
to an individual if he or she is:
(1) Under 18 or 65 years
of age or older;
(2) (c) applying for or receiving disability benefits such as Supplemental Security Income (SSI) or General
Assistance (GA) Disability.
(3) a parent or other
member of a household with responsibility for a
dependent child under
the age of 14 or an incapacitated person;
(4) otherwise exempt from the SNAP general work rules under 7 U.S.C. 2015(d)(2) which includes a person
who is:
(a) currently subject to and complying with a work registration requirement under title
IV of the Social Security Act or the Federal-State unemployment compensation
system; or
(b) a student enrolled
at least half time in any recognized school, training program,
or institution of higher education unless ineligible; or
(c) a regular participant in a drug addiction or alcoholic treatment
and rehabilitation
program; or
(d) employed a minimum of thirty hours per week or receiving weekly earnings which equal the minimum hourly rate under the Fair Labor Standards Act of 1938, as amended (29 U.S.C. 206(a)(1)), multiplied by thirty hours; or
(e) a person between the ages of 16 and 18 who is not a head of a household or who is attending school, or enrolled in an employment training program, on at least a half-time basis.
(5) Indians, also referred to as Native Americans, Alaska Natives, Indigenous Peoples, and Tribal Members:
(a) a member of a federally
recognized tribe, or
(b) an “Indian” as defined in 25 U.S.C
1603 (13); or
(c) an “Urban Indian”
as defined in 25 U.S.C 1603 (18); or
(d) an “California Indian”
as defined in 25 U.S.C
1679 (a).
* a pregnant woman. Adding the following language
to subsection G: “discretionary”
The HCA-ISD implemented a temporary emergency rule effective January 1, 2026. This emergency rule does not permanently amend or repeal the existing rule and will remain in effect only until a permanent rule is adopted through the regular rulemaking process.
Regulations issued pursuant to the act are contained in 7 CFR 270-282. Administration of the HCA, including its authority to promulgate regulations, is governed by Chapter 9, Article 8, NMSA 1978 (Repl. 1983).The Authority must promulgate these rules to make them effective no later than May 1, 2026, to be in compliance with Federal law.
The register and rule language is available on the HCA website at: https://www.hca.nm.gov/lookingforinformation/income-support-division-registers-2/ .
If you do not have internet access, a copy of the final register and rules may be requested by contacting HCA Office of the Secretary at (505) 827-7750.
A hybrid public hearing to receive testimony on HCAR Vol. 49 No. 3, will be held pursuant to Section 14-4-5.6 NMSA 1978, on Thursday March 26, 11:00 am-12:00 pm. You may join in person, virtually, or by phone.
You may join in person at: HCA Income Support Division, Santa Fe County Field Office, 39B Plaza La Prensa, Santa Fe NM 87507.
You may join virtually from your computer,
tablet or smartphone:
Microsoft Teams Need help? Join the meeting now +1 505-312-4308,,759633655# United States, Albuquerque (888) 506-1357,,759633655# United States (Toll-free) Meeting ID: 245 216 900 398 50
Passcode: qD3gT9KG Find a local number Phone conference ID: 759 633 655#
If you are a person with a disability and you require this information in an alternative format, or you require a special accommodation to participate in any HCA public hearing, program, or service, please contact the American Disabilities Act Coordinator, at Office-505-709-5468, Fax- 505-827-6286 or through the New Mexico Relay system, toll free at #711. The Authority requests at least a 10-day advance notice to provide the requested alternative formats and special accommodations.
Individuals who do not wish to attend
the hearing may submit written
or recorded comments
by the following ways:
* Drop of at HCA Income Support Division, HCA Income Support Division, Santa Fe County Field Office, 39B Plaza La Prensa, Santa Fe NM 87507: Attn: Monica Pineda
* Calling (505) 819-8118.
* Mailing comments to: Income Support Division: Attn, Monica Pineda at P.O. Box 2348, Santa Fe, NM 87504-2348.
* Emailed electronically to: HCA-isdrules@hca.nm.gov.
Written or recorded comments must be received by 5:00 p.m. on the date of the hearing, March 26, 2026. Written and recorded comments will be given the same consideration as oral testimony made at the public hearing.
All written comments will be posted on the agency website at Income Support Division Registers - New Mexico Health Care Authority within 3 days of receipt.