New Mexico Register / Volume XXXVII, Issue 13 / July 14, 2026
This is an amendment
to 8.308.6 NMAC, Sections 1, 8, 9, and 10, effective 8/1/2026.
8.308.6.1 ISSUING AGENCY: New Mexico health care authority (HCA).
[8.308.6.1 NMAC - Rp, 8.308.6.1 NMAC, 5/1/2018; A, 7/1/2024; A, 8/1/2026]
8.308.6.8 MISSION STATEMENT: [To transform lives. Working with our partners, we design and
deliver innovative, high quality health and human services that improve the
security and promote independence for New Mexicans in their communities.] We
ensure that New Mexicans attain their highest level of health by providing
whole-person, cost-effective, accessible, and high-quality health care and
safety-net services.
[8.308.6.8 NMAC - Rp, 8.308.6.8 NMAC, 5/1/2018; A, 8/10/2021; A, 8/1/2026]
8.308.6.9 MANAGED CARE ELIGIBILITY:
A. General
requirements: [HSD] HCA
determines eligibility for medicaid. An eligible recipient is required to
participate in an [HSD] HCA managed care program unless
specifically excluded as listed below. Enrollment
in a particular managed care organization (MCO) will be according to the eligible
recipient’s selection of an MCO at the time of application for eligibility, or during
other permitted selection periods, or as assigned by [HSD] HCA,
if the eligible recipient makes no selection.
(1) qualified medicare beneficiaries (QMB)-only recipients;
(2) specified low income medicare beneficiaries (SLIMB) only;
(3) qualified individuals;
(4) qualified disabled working individuals;
(5) refugees;
(6) participants
in the program of [all inclusive] all-inclusive
care for the elderly (PACE);
(7) children and adolescents in out-of-state foster care or adoption placements;
(8) family planning-only eligible recipients and;
(9) residents in an intermediate care
facility for individuals with intellectual disabilities (ICF/IID).
C. Native
Americans may opt into managed care. If
a Native American is dually eligible or in need of long-term care services, [he
or she is] they are required to enroll in an MCO.
D. For
those individuals who are not otherwise eligible for medicaid
and who meet the financial and medical criteria established by [HSD, HSD]
HCA, HCA or its authorized agent may further
determine eligibility for managed care enrollment through a waiver allocation
process contingent upon available funding and enrollment capacity.
[8.308.6.9 NMAC - Rp, 8.308.6.9 NMAC, 5/1/2018; A, 1/1/2019; A, 8/10/2021; A, 8/1/2026]
8.308.6.10 SPECIAL SITUATIONS:
A. [HSD]
HCA newborn enrollment criteria.
(1) When
a child is born to a member enrolled in a MCO, the hospital or other providers will
complete a MAD form 313 (notification of birth)
or its successor, prior to or at the time of discharge. [HSD] HCA shall ensure that
upon receipt of the MAD form 313 and upon completion of the eligibility
process, the newborn is enrolled into their mother’s MCO. The newborn is eligible for a period of 13
months, starting with the month of their birth.
(2) When
the newborn’s mother is covered by health insurance through the New Mexico health
insurance exchange and the mother’s qualified health plan is also an [HSD-contracted
MCO, HSD] HCA-contracted MCO, HCA will enroll the newborn into the mother’s
MCO as of the month of [his or her] their birth.
(3) When
the newborn member’s mother is covered by health insurance through New Mexico health
insurance exchange and the mother’s qualified health plan is not an [HSD-contracted
MCO, HSD] HCA-contracted MCO, HCA shall auto-assign and enroll the newborn
in a medicaid MCO as of the month of their birth.
(4) The newborn member’s parent or legal guardian will have three months from the first day of the month of birth to change the newborn’s MCO assignment. After the three-month period, the newborn’s MCO enrollment may only be changed for cause, as set forth in Paragraph (2) of Subsection H of 8.308.7.9 NMAC.
B. Community benefit eligibility:
(1) A member who meets a nursing facility (NF) level of care (LOC) and who does not reside in a NF will be eligible to receive home and community-based services and may choose to receive such services either through an agency-based or self-directed approach as outlined in 8.308.12 NMAC.
(2) Members
who meet NFLOC and are eligible to receive community benefits must be enrolled
in a [centennial care] MCO.
C. ICF/IID discharge: When an ICF/IID resident is discharged, enrollment into managed care will begin within two months following discharge.
[8.308.6.10 NMAC - Rp, 8.308.6.10 NMAC, 5/1/2018; A, 1/1/2019; A, 8/10/2021; A, 8/1/2026]