New
Mexico Register / Volume XXXVI, Issue 22 / November 18, 2025
NOTICE OF PUBLIC RULE
HEARING
The Health Care Authority through
the Child Support Services Division (CSSD), is proposing to
amend/repeal/replace rule 8.50.114 NMAC - Financial Institution Data Match
(FIDM) (specifically Sections 9 and 10).
The purpose of this proposed rule change is to provide clarity for
situations where there are multiple data matches reported for an obligor, aka,
non-custodial parent (NCP), and to provide how separate criteria for financial
accounts with the Federal Thrift Savings Plan (TSP) should be applied as
8.50.114.9. The Health Care Authority
proposes to amend 8.50.114.10 to provide clarity on what appeals consists of
regarding FIDM.
The Health Care Authority is
proposing to amend rule 8.50.130 NMAC - Administrative Hearings (specifically
sections 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 23, 24, and
25). The purpose of this rule is to
provide additional matters of when an NCP (or NCP’s spouse) can request an
administrative hearing, update names of federal entities to align with federal
name changes, allow requests for hearings to be requested either in writing or
verbally , update names of NMAC sections to coincide with interjurisdictional
terminology, revisions made to incorporate gender neutral language in
compliance with NMAC requirements , added a general language for guidance on
office of fair hearing providing reasonable accommodations, and added language
to provide consistency on pre-hearing activity.
In addition, minor edits,
gender neutral language and statutory name changes.
The Health Care Authority is
authorized to propose and adopt rules under Section 9-8-6, NMSA 1978 and Public
Assistance Act, Section 27-1-13 and 27-1-11K, NMSA 1978.
No technical information
serves as the basis for this proposed rule change.
Summary of proposed changes
include:
8.50.114 NMAC
Specific proposed changes in
8.50.114 NMAC are as follows:
8.50.114.9 NMAC
Added to rule, guidance of
how to handle multiple matches, and provide a separate threshold for TSP
accounts. Deleted “appeal” and added “an
administrative hearing.”
8.50.114.10 NMAC
Removed “written appeal”
from language. Added “requests for
administrative hearings and judicial appeals.”
8.50.130 NMAC
Specific proposed changes in
8.50.130 NMAC are as follows:
8.50.130.8 NMAC
Exchanged “Title IV-D
agency” with “department” as the department provides hearings through the HCA
office of fair hearings.
In subparagraph A, added
“medical support coverage withholding,” “lien on property, lien on insurance
claims,” and exchanged “FIDM” with “Financial Institution Data Match (FIDM).”
Added “federal thrift
savings plan” since CSSD receives data matches for these accounts.
8.50.130.9 NMAC
In subparagraph A removed
“the appellant’s claim,” and added “their case.”
In subparagraph B removed
“review,” and added “hearing.”
In subparagraph C
description and subparagraph C(1), added “administrative” to remain consistent
with the rule.
8.50.130.10 NMAC
In subparagraph A(1),
removed “FMS.”
In subparagraph B, added
“includes federal thrift savings plan (TSP) freeze orders.” Added “Title.”
In subparagraph D, exchanged
“FMS” with “bureau of the fiscal services (BFS)” to reflect the new name of the
federal office which issues the offset notices.
In subparagraph F exchanged
“FMS” with “BFS” to reflect the new name of the federal office which issues the
offset notices. Added existing reasons
to request a hearing and the notice coincided with each one, which is mailed to
the last known address reported to the IV-D agency.
Moved information in
subparagraph G, to be under new subparagraph L.
Added subparagraph “G. Notice to obligor for insurance claim
lien: The Title IV-D agency will mail
notice of lien to the obligor at the last known address on file with the IV-D
agency.”
Added subparagraph “H. Notice to obligor for consumer
reporting: The Title IV-D agency will
mail notice regarding the referral for consumer reporting to the obligor at the
last known address on file with the IV-D agency.”
Added subparagraph “I. Notice to obligor for property lien: The Title IV-D agency will mail notice of
lien to the obligor at the last known address on file with the IV-D agency.”
Added subparagraph “J. Notice to obligor for income
withholding: The Title IV-D agency will
mail notice regarding income withholding to the obligor at the last known
address on file with the IV-D agency.”
Added subparagraph “K. Notice to obligor for medical support
withholding: The Title IV-D agency will
mail notice regarding medical support withholding to the obligor at the last
known address on file with the IV-D agency.”
8.50.130.11 NMAC
Deleted “written.” Non-written requests are applicable methods
to request administrative hearings.
8.50.130.12 NMAC
Updated section name to “CONTESTING
FEDERAL TAX REFUND INTERCEPTS IN INTERGOVERNMENTAL CASES,” to coincide with
interjurisdictional terminology.
In subparagraph A, deleted
“worker.” Exchanged “place,” with
“location.”
In subparagraph B, exchanged
“his or her” with “their,” to provide gender neutral language.
8.50.130.13 NMAC
Updated section name to
“CONTESTING TAX REFUND INTERCEPT IN RESPONDING INTERGOVERNMENTAL CASES,” to
coincide with interjurisdictional terminology.
In subparagraph A, exchanged
“FMS,” with “BFS,” to reflect the new name of the federal office which issues
the offset notices. Exchanged “he or
she,” with “they” to provide gender neutral language. Deleted “staff.”
In subparagraph A, and
subparagraph B, deleted “worker,” and added “Title IV-D agency.” Added “they,” to add gender neutral language
to the document.
In subparagraph B, deleted
“and” to correct grammar. Added “An,” to correct grammar.
In subparagraph C, added “an
administrative,” to specify an internal review process of contesting action
taken by the agency.
8.50.130.14 NMAC
Added “or verbal,” to
provide an additional option for appellants to request an administrative fair
hearing.
8.50.130.15 NMAC
In subparagraph A, added “an
administrative,” to specify an internal review process of contesting action
taken by the agency. Removed “must,”
added “may,” added “or verbally by the appellant or their authorized representative.”
In subparagraph B, deleted
“in writing,” and “a written.” Added “an
administrative,” to specify an internal review process of contesting action
taken by the agency.
Deleted subparagraph C,
“Upon the request of the appellant, the Title IV-D staff shall assist in the
preparation of a notice of hearing. The
notice of hearing will be signed by the appellant,”
since this is a function of the Office of Fair Hearings and not the Title IV-D
agency.
8.50.130.16 NMAC
In subparagraph A, added “an
administrative,” to specify an internal review process of contesting action
taken by the agency.
In subparagraph A(2), exchanged
“situation,” with “matter,” to convey circumstances addressed are a single
topic. Added “or,”
to acknowledge conjunction with the last subsection within subparagraph A.
Deleted subparagraph A(3)
content and replaced with subparagraph A(4) content. Deleted subparagraph A(4).
In subparagraph A(3), added
“an administrative,” for consistency.
In subparagraph B, added “an
administrative,” for consistency.
Exchanged “his or her” with
“their,” to provide gender neutral language.
Added “scheduled,” and deleted “time and place of the.”
8.50.130.17 NMAC
Exchanged “place,” with
“location.” Deleted “Arrangements will
be made to ensure that the hearing process is accessible to and accommodates
the appellant, as long as the,” and “notice to the administrative law judge of
the need for reasonable accommodations.”
Added “notice informs the,” to acknowledge a notice sent by OFH. Deleted “provides at least 10 days advance
notice to the administrative law judge. of the need for reasonable
accommodations.” Added “to submit a request for a reasonable accommodation to
the administrative law judge at least 10 days in advance of the administrative
hearing for consideration.” Deleted
“ruling,” and replaced with “final decision,” so that the agency is consistent
with the title of the forms provided.
8.50.130.18 NMAC
In subparagraph A, exchanged
“staff,” with “agency.”
In subparagraph B, exchanged
“his or her,” with “their,” to provide gender neutral language.
8.50.130.19 NMAC
Deleted subparagraph, B and
subparagraph C, since the functions are a duty of HCA Office of Fair Hearings,
not the title IV-D agency. Exchanged the
text of subparagraph D to a new subparagraph B.
In the new subparagraph B,
exchanged “his or her,” with “their,” to provide gender neutral language.
8.50.130.20 NMAC
Exchanged all occurrences of
“preliminary conference,” with “Agency Review Conference (ARC) or ARC,” to
provide the verbiage of what the agency uses when describing pre-hearing
activity.
In subparagraph A, added
“administrative,” to specify an internal review process of contesting action
taken by the agency. Deleted
“worker.” Deleted “if an attorney is
representing the appellant and the appellant's representative.” Exchanged “his or her,” with “their,” to
provide gender neutral language.
8.50.130.21 NMAC
In subparagraph A, added
“unless accommodation is requested and granted.”
In subparagraph B, deleted
“hearings unit,” and added “office of fair hearings (OFH),” to updated outdated
names. Deleted “by the appellant or
representative.”
In subparagraph B and
subparagraph D, deleted “Title IV-D agency,” and added “OFH,” since the hearing
record and index log is a function of “OFH.”
8.50.130.23 NMAC
In subparagraph A(1),
deleted “tax intercept,” and added “administrative enforcement,” to distinguish
the unit which oversees the tax intercept process. Deleted “administrative hearing,” and added
“final decision.”
In subparagraph A(2),
deleted “refunds” and added “shall refund.”
In subparagraph B, added “property,
insurance claim,” and “consumer reporting, income withholding, medical support
withholding, passport denial, administrative offset,” to coincide with the
changes made in part 8.50.130.8 and 8.50.130.10. Removed “administrative,” in subsection B.
Added into subparagraph B,
“or may be held by the Title IV-D agency until all appeals relevant to the
action have been exhausted.”
Added a new Subparagraph,
“C. RE-OPENING AN ADMINISTRAIVE
HEARING,” to describe circumstances when a closed hearing may be
re-opened. The re-opening of a closed
hearing is at the discretion of the administrative law judge (ALJ). The
evidence must be new information that was not available or presented to the ALJ
at the time of the hearing. The ALJ will
determine based on the new information provided if the evidence is enough to
re-open the hearing, stay the established final decision, or open a new office
of fair hearing case.
8.50.130.24 NMAC
Added “final,” to be
consistent with the title of the forms provided.
In subparagraph B, removed
“administrative law judge,” and added “department.”
8.50.130.25 NMAC
Deleted “human services
department,” and added “health care authority,” to reflect department name
change.
In subparagraph A(1)
exchanged “he or she has” with “they” to provide gender neutral language.
In subparagraph A(2) changed
“issue,” with “matter.” Exchanged “place” with “location.”
Copy of proposed rules: This register and the proposed changes are
available on the Health Care Authority website at https://www.hca.nm.gov/lookingforinformation/child-support-services-division-registers/. If you do not have internet access, a copy of
the final register and rules may be requested by contacting the Child Support
Services Division at (505) 699-1488.
A rule making public hearing
to receive testimony on these proposed rules will be held in person and online
on Thursday, December 18, 2025, from 10:00 am to 11:00am Mountain Standard Time
(MST). See options below:
In person: 1474 Rodeo
Rd., Santa Fe, New Mexico, in the large HCA/ASD conference room on the first
floor.
Online (Microsoft
Teams):
Please join the meeting from
your desktop, laptop, mobile device, or smart TV and appliance (also via the
web browser without installing the full application). Download the application (not required, but
recommended) and be ready prior to the meeting:
Microsoft Teams Link Address
Join the meeting now
Meeting ID: 263 465 246 723
Passcode: Rt7sx9vC
If you are unable to attend using
the link provided, please dial in using the audio only option below.
505-312-4308, then enter the
conference ID when prompted: 98159450#
Phone conference ID: 981 594
50#
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
CSSD in Santa Fe at (505) 699-1488. The
HCA requests at least ten (10) working days advance notice to provide requested
alternative formats and accommodations.
For TTY - Hearing Impaired
services, please dial 711 and provide the number and passcode for this open
forum. After dialing 711 they will ask if you are using a TTY device and will
assist further.
I. ADDRESS
Interested persons may
address written comments to:
Health Care Authority
ATTN: Child Support Services
Division Public Comments - Policy Unit
P.O. Box 2348
Santa Fe, New Mexico
87504-2348
Recorded comments may be
left at (505) 699-1488. Interested
persons may also address comments via electronic mail to:
vincent.montoya@hca.nm.gov. Written
mail, electronic mail and recorded comments must be received no later than 5
p.m. MST on December 18, 2025. Written
and recorded comments will be given the same consideration as oral testimony
made at the public hearing. The public
comment period is from November 18, 2025, to December 18, 2025, at 5pm
(MST). Copies of all comments will be
made available by CSSD upon request by providing copies directly to a requestor
or by making them available on the Health Care Authority’s website within 3
days of receipt or at a location within the county of the requestor.