NOTICE
OF HEARING
The Health Care Authority, through the Health
Care Affordability Bureau, is proposing that the permanent rule be repealed and
replaced, which went into effect on May 5, 2026 to be made permanent. The Health Care Affordability Bureau is
proposing a new rule 8.401.2 NMAC HEALTH CARE AUTHORITY - Health Care
Affordability Fund HEALTH CARE AFFORDABILITY PLAN.
The New Mexico Health Care Authority (HCA),
through the Health Care Affordability Bureau issued permanent rule amendments
for the New Mexico Administrative Code (NMAC) rule 8.401.2 NMAC, Health Care
Authority -Health Care Affordability Fund on May 5, 2026. The HCA issued this permanent rule to address
recent federal changes, thousands of New Mexico residents will lose eligibility
for federal Premium Tax Credit (PTC) and marketplace, resulting in the loss of
medical coverage, increased costs for care, and health risks. During the Special Legislative Session, the
state legislature passed House Bill 2, which authorized the Health Care
Authority to establish such programs.
LEGAL AUTHORITY: Section 59A-23F-12 NMSA 1978, authorizes the HCA Secretary to
promulgate rules and regulations that may be necessary to carry out the duties
of the HCA and its divisions.
This Notice of New Rulemaking is available on
the HCA website at: Health Care Coverage Innovations - HCAF - New Mexico Health
Care Authority. If you do not have
internet access, a copy of the emergency rule may be requested by contacting
The Health Care Affordability Bureau at 3900 Masthead St, NE Albuquerque, NM
87109-4485 or by phone at 505-637-2207.
Health Care
Coverage Innovations - Initiatives - New Mexico Health Care Authority
If you do not
have internet access, a copy of the proposed register and rule may be requested
by contacting HCA at (505) 637-2207.
Notice
Date: October 6, 2026
Hearing
Date: November 10, 2026
Proposed
Effective Date: January 1, 2027
A public hearing to receive testimony on
the new rule will be held on November 10, 2026, at 1:00pm Mountain Time
(MT). There are three options for attending the
hearing:
1.
Attend
in person by coming to the 3rd third floor large conference room at the Health Care Authority Bureau, 3900
Masthead ST NE., Albuquerque NM 87109.
2.
Join
the Zoom webinar on your computer, mobile app or room device:
Webinar ID:
https://us02web.zoom.us/j/87606629125?pwd=4evBxqClsAwNpO3rhxItWXg3U6Yppl.1
Passcode 597795
3.
Or
call in (audio only):
+1 719 359 4580 US
+1 253 205 0468 US
+1 253 215 8782 US
(Tacoma)
+1 346 248 7799 US
(Houston)
+1 669 444 9171 US
+1 669 900 6833 US (San
Jose)
+1 564 217 2000 US
+1 646 931 3860 US
+1 689 278 1000 US
+1 929 436 2866 US (New
York)
+1 301 715 8592 US
(Washington DC)
+1 305 224 1968 US
+1 309 205 3325 US
+1 312 626 6799 US
(Chicago)
+1 360 209 5623 US
+1 386 347 5053 US
+1 507 473 4847 US
Webinar ID: 876 0662
9125
Passcode: 597795
International numbers
available: https://us02web.zoom.us/u/ksDnT5b1B
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 HCA at (505)
637-2207. The Bureau requests at least
10 working days advance notice to provide requested alternative formats and
special accommodation.
Copies of all comments will be made
available upon request by providing copies directly to a requestor or by making
them available on the Bureau’s website or at a location within the county of
the requestor.
Interested persons may address written
comments to:
Health Care Authority Bureau
ATTN:
HCA New Rule Public Comments
3900 Masthead St NE ste
340
Albuquerque, New Mexico 87109-4485
Recorded
comments may be left at (505) 637-2207. Interested persons may also address comments
via electronic mail to: HCAF@hca.nm.gov.
Written mail, electronic mail and recorded comments must be received no
later than 5 p.m. MT on November 10, 2026. 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 HCA website at Health Care Coverage Innovations -
Initiatives - New Mexico Health Care Authority
along with the applicable register and rule. The public posting will include the name and
any contact information provided by the commenter.