New Mexico
Register / Volume XXXVII, Issue 4 / February 24, 2026
NOTICE OF RULE MAKING
The New Mexico Health Care
Authority (HCA), through the Behavioral Health Services Division (BHSD), is
proposing to repeal and replace the New Mexico Administrative Code (NMAC) rule 8.321.10
Opioid Treatment Programs.
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: February 24, 2026
Hearing Date: March 24, 2026
Adoption Date: April 24, 2026
Technical Citations: Part 8
of Title 42 Code of Federal Regulations (CFR)
Background
HCA
is re-promulgating these rules to align with federal regulations outlined in
Part 8 of Title 42 Code of Federal Regulations (CFR), which went into effect on
April 2, 2024. This rule expands access
to medications for opioid use disorder treatment, reduces stigmatizing language
and practices, supports a patient-centered approach, and promotes provider
flexibility in providing care. These
rules specify the standards identified as essential for effective treatment in
OTPs.
The Health Care
Authority is proposing to repeal and replace the rule as follows:
8.321.10 NMAC
Sections 1 - 32 have been
amended to reflect updated CFR changes.
I. RULE
These
proposed rule changes will be contained in 8.321.10 NMAC. This register and the proposed rule 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.
II. EFFECTIVE DATE
The Health Care Authority proposes
to implement this rule effective April 24, 2026.
III. PUBLIC
HEARING
A
public hearing to receive testimony on this proposed rule will be held on March
24, 2026, at 10:00am. The hearing
will be held at the Behavioral Health Services Division at 39 Plaza la Prensa,
Santa Fe, NM 87505 and via Zoom.
Join
Zoom Meeting
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 BHSD in Santa Fe at (505) 470-8378. The HCA requests at least ten (10) working
days advance notice to provide requested alternative formats and special
accommodations.
Copies
of all comments will be made available by BHSD upon request by providing copies
directly to a requestor or by making them available on the HCA website or at a
location within the county of the requestor.
IV. ADDRESS
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 p.m. MT on March 24, 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 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.