New Mexico
Register / Volume XXXVI, Issue 21 / November 4, 2025
NOTICE OF RULEMAKING
The
New Mexico Health Care Authority (HCA), through the Medical Assistance Division
(MAD), is proposing to repeal the New Mexico Administrative Code (NMAC) rule 8.314.7
Long Term Care Services-Waivers Supports Waiver.
Section
9-8-6 NMSA 1978, authorizes the Department Secretary to promulgate rules and
regulations that may be necessary to carry out the duties of the Department and
its divisions.
Notice Date: November 4, 2025
Hearing Date: December 8, 2025
Adoption Date: Proposed as April 1, 2026
Technical
Citations: NMAC 8.314.7
Long Term Care Services- Waivers Supports Waiver
Background
The
Supports Waiver is a 1915(c) Home and Community Based Services (HCBS) waiver
developed in 2019–2020 to provide services and supports to individuals with
intellectual and developmental disabilities who were on the Developmental
Disabilities (DD) Waiver waitlist. At
the time of implementation on July 1, 2020, the waitlist exceeded 13 years.
Since then, the Developmental Disabilities Supports
Division (DDSD) has implemented an aggressive strategy to eliminate the
waitlist, including a "Super Allocation" initiative that launched in
2021. In addition, the State received
funding in its Fiscal Year 2026 budget, via House Bill 2, to create a sustained
“no wait list” policy for the comprehensive DD and Mi Via waivers.
On May 1, 2025, the DDSD Pre-Service Intake Bureau
(PSIB) sent approximately 700 letters to individuals on the DD Waiver waitlist,
including waitlist members receiving services through the Supports Waiver. All individuals currently enrolled in the
Supports Waiver have been offered an allocation to the comprehensive DD or Mi
Via waivers. As a result of these
efforts and the successful elimination of the waitlist, there is no longer a
need for the Supports Waiver.
The
Health Care Authority is proposing to repeal the rule.
This register and the current NMAC 8.314.7
proposed for repeal are available on the HCA website at:
https://www.hca.nm.gov/lookingforinformation/registers/ and
https://www.hca.nm.gov/comment-period-open-2025/. If you do not have internet access, a copy of
the proposed register and rule may be requested by contacting MAD at (505)
827-1337.
The
Health Care Authority proposes to repeal this rule effective April 1, 2026.
A public hearing to receive testimony on
this proposed repeal will be held on December 8, 2025, at 9:00 a.m. The hearing will be held in the Administrative
Services Division (ASD), 1474 Rodeo Rd, Santa Fe, NM 87505 and via Microsoft
Teams.
Join Teams Meeting
Meeting
ID: 289 224 705 668 5
Passcode:
2H3fr6wo
Dial
in by phone
+1 505-312-4308,,617819414# United States, Albuquerque
Phone
conference ID: 617 819 414#
If you are a person with a disability and
you require this information in an alternative format or require special
accommodation to participate in the public hearing, please contact the MAD in
Santa Fe at (505) 827-1337. The HCA
requests at least ten (10) working days advance notice to provide requested
alternative formats and special accommodation.
Copies of all comments will be made
available by MAD upon request by providing copies directly to a requestor or by
making them available on the MAD website or at a location within the county of
the requestor.
Interested persons may address written
comments to:
New Mexico Health Care Authority
Office of the Secretary
ATTN: Medical Assistance Division Public
Comments
P.O. Box 2348
Santa Fe, New Mexico 87504-2348
Recorded comments may be left at (505)
827-1337. Interested persons may also
address comments via electronic mail to: HCA-madrules@hca.nm.gov. Written mail, electronic mail and recorded
comments must be received no later than 5:00 p.m. MT on December 8, 2025. 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
https://www.hca.nm.gov/lookingforinformation/registers/ and
https://www.hca.nm.gov/comment-period-open-2025/ along with the applicable
register and rule. The public posting
will include the name and any contact information provided by the commenter.