New Mexico Register / Volume XXXVII, Issue 16 / August 25, 2026

 

 

NOTICE OF RULEMAKING

 

The New Mexico Health Care Authority (HCA), through the Medical Assistance Division (MAD), is proposing to amend the New Mexico Administrative Code (NMAC) rule 8.310.3, Health Care Professional Services, Professional Providers, Services and Reimbursement.

 

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: August 25, 2026

Hearing Date: September 25, 2026

Adoption Date: Proposed as January 1, 2027

 

Technical Citations: 2025 Legislative HB 56, 2025 Practitioner Parity, The American Medical Association for coding along with CMS have approved restructure of billing codes unbundling a 30 year guidance for global maternity services.  CPT® 2027 Maternity Care Services code changes | American Medical Association

 

The HCA is proposing to amend the rule as follows:

8.310.3 NMAC

Section 8

The Mission Statement has been updated to include HCA’s current mission statement.

 

Section 9

Duplicate language regarding licensed midwives has been corrected as “licensed midwives” is already captured on the next line.

 

Section 11

Language regarding the medical practitioners has been amended to align with CMS and AMA guidelines for unbundling global maternity care to itemized maternity care.

 

Language regarding the medical practitioners related to the birthing options program has been amended to align with the 2025 Legislative House Bill 56.

 

Language has been amended to include Doula’s, Lactation providers and Chiropractors as new providers.

 

Throughout the NMAC updates have been made to update HCA to HSD.

 

I. RULE

These proposed rule changes will be contained in 8.310.3 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/2026-comment-period-open/.  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

HCA proposes implementing this rule effective January 1, 2027.

 

III. PUBLIC HEARING

A public hearing to receive testimony on this proposed rule will be held on September 25, 2026, at 9:00 am.  The hearing will be held in the Large Conference Room of the Administrative Services Division (ASD), 1474 Rodeo Rd, Santa Fe, NM 87505 and via Microsoft Teams.

 

Join Teams Meeting

Join: https://teams.microsoft.com/meet/296752804748879?p=05F3wf4GlZmapZuMvA

Meeting ID: 296 752 804 748 879

Passcode: cM6S7KU3

 

Dial in by phone

+1 505-312-4308,,2695564# United States, Albuquerque

Phone conference ID: 269 556 4#

 

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.

 

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 5:00 p.m. MDT on September 25, 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/2026-comment-period-open/ along with the applicable register and rule.  The public posting will include the name and any contact information provided by the commenter.