reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 100 - GENERAL PROVISIONS FOR PUBLIC ASSISTANCE PROGRAMS › Part 130 - GENERAL OPERATING POLICIES - ELIGIBILITY AND VERIFICATION STANDARDS › Section 8.100.130.17 - NON FINANCIAL VERIFICATION STANDARDS - RESIDENCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Verification of New Mexico residence is
				mandatory. Residence may be verified by the use of documentary evidence
				provided for other eligibility criteria.
B. Documents that can be used to verify
				residency include:
(1) rent or mortgage
				receipt;
(2) statement from
				landlord;
(3) utility
				bills;
(4) statement from an
				employer;
(5) employment
				records;
(6) tax office
				records;
(7) post office
				records;
(8) church or synagogue
				records;
(9) utility company
				records;
(10) school
				records;
(11) proof of ownership of
				property;
(12) current driver's
				license;
(13) canceled
				letters;
(14) additional items as
				listed on ISD 135, "proof checklist"; or
(15) if documentary evidence is not readily
				available, use other acceptable methods of verification as in
				8.100.130.9
				NMAC.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 100 - GENERAL PROVISIONS FOR PUBLIC ASSISTANCE PROGRAMS › Part 130 - GENERAL OPERATING POLICIES - ELIGIBILITY AND VERIFICATION STANDARDS › Section 8.100.130.18 - NON FINANCIAL VERIFICATION STANDARDS - HOUSEHOLD COMPOSITION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The applicant/
				recipient's statement regarding household composition will be
				accepted.
B. Household composition
				will only be verified when determined questionable as defined by
				8.100.130.12 NMAC. Documents that
				may be used to verify household composition include:
(1) lease agreement listing household
				members;
(2) landlord's written
				statement of household composition;
(3) additional items as listed on ISD 135,
				"proof checklist"; or
(4) if
				documentary evidence is not readily available, use other methods of
				verification as in
				8.100.130.9
				NMAC.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 100 - GENERAL PROVISIONS FOR PUBLIC ASSISTANCE PROGRAMS › Part 130 - GENERAL OPERATING POLICIES - ELIGIBILITY AND VERIFICATION STANDARDS › Section 8.100.130.19 - NON FINANCIAL VERIFICATION STANDARDS - AGE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Age of child: Verification of age of
				children is mandatory for cash and medical assistance for children programs.
(1) For cash assistance: Age of the child is
				verified prior to approval.
(2) For
				medical assistance for children: Age of the child is verified to determine if
				the child is under the specified age limit
.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 100 - GENERAL PROVISIONS FOR PUBLIC ASSISTANCE PROGRAMS › Part 130 - GENERAL OPERATING POLICIES - ELIGIBILITY AND VERIFICATION STANDARDS › Section 8.100.130.20 - NON FINANCIAL VERIFICATION STANDARD - SCHOOL ATTENDANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The statement of
				the parent, specified relative, or caretaker of school attendance for children
				under 18 years of age is acceptable to verify school attendance for the cash
				assistance program, unless questionable.
B. Verification of school attendance for all
				minor unmarried parents and dependent children over 18 years of age is
				mandatory for the cash assistance program. Documents that can be used to verify
				school attendance include:
(1) written
				statement from school official;
(2)
				current report card;
(3) additional
				items as listed on ISD 135, "proof checklist"; or
(4) if the preceding documentary evidence is
				not readily available, other acceptable methods of verification are set forth
				in 8.100.130.9
				NMAC.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 100 - GENERAL PROVISIONS FOR PUBLIC ASSISTANCE PROGRAMS › Part 130 - GENERAL OPERATING POLICIES - ELIGIBILITY AND VERIFICATION STANDARDS › Section 8.100.130.21 - NON FINANCIAL VERIFICATION STANDARD - RELATIONSHIP

Current through Register Vol. 35, No. 13, July 16, 2024
A. Verification of relationship is mandatory
				in the cash assistance program. The relationship between the parent or other
				caretaker relative and each child included in the benefit group must be
				verified.
B. Documents that can be
				used to verify relationship include:
(1) birth
				certificate;
(2) adoption papers or
				records;
(3) Indian census
				records;
(4) bureau of vital
				statistics or local government records;
(5) DHS records;
(6) hospital or public health records of
				birth and parentage;
(7) baptismal
				records;
(8) marriage certificate
				showing legal marriage between parents;
(9) court records of parentage such as
				support orders, divorce decrees, etc.;
(10) juvenile court records;
(11) paternity records from CSSD;
(12) ISD acknowledgment of paternity
				form;
(13) CSSD acknowledgment of
				paternity packet for alleged or non-court ordered determined parents living
				with children;
(14) church records
				including a statement from a priest, minister, etc.;
(15) additional items as listed on ISD 135,
				"proof checklist"; or
(16) if
				documentary evidence is not readily available, use other acceptable methods of
				verification as set forth in
				8.100.130.9
				NMAC.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 100 - GENERAL PROVISIONS FOR PUBLIC ASSISTANCE PROGRAMS › Part 130 - GENERAL OPERATING POLICIES - ELIGIBILITY AND VERIFICATION STANDARDS › Section 8.100.130.22 - NON - FINANCIAL VERIFICATION STANDARDS - OTHER

Current through Register Vol. 35, No. 13, July 16, 2024
A. Fraud conviction for dual state receipt of
				benefits: The existence of a fraud conviction for simultaneous receipt of
				benefits from two states is determined based upon client statement on the
				application form. If ISD receives other information indicating the existence of
				a dual state benefit fraud conviction, ISD shall verify it by contacting the
				appropriate authorities.
B. Fleeing
				felon, probation or parole violator:
(1)
				Fleeing Felon: An individual determined to be a fleeing felon shall be an
				ineligible household member. To establish an individual as a fleeing felon ISD
				must verify that an individual is a fleeing felon. A federal, state, or local
				law enforcement officer acting in their official capacity must present an
				outstanding felony arrest warrant that conforms to one of the following
				national crime information center uniform offense classification codes, to the
				department to obtain information on the location of and other information about
				the individual named in the warrant:
(a)
				escape (4901); or
(b) flight to
				avoid prosecution, confinement, etc. (4902); or
(c) flight-escape (4999).
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 100 - GENERAL PROVISIONS FOR PUBLIC ASSISTANCE PROGRAMS › Part 130 - GENERAL OPERATING POLICIES - ELIGIBILITY AND VERIFICATION STANDARDS › Section 8.100.130.23 - FINANCIAL VERIFICATION STANDARDS - RESOURCES

Current through Register Vol. 35, No. 13, July 16, 2024
The applicant/ recipient's statement is acceptable for
				  verification of resources unless the household is near the resource maximum
				  limit and the information given is not questionable. If information is
				  questionable, inconsistent or the household is near the maximum; ISD must
				  clearly document why the household's statement was questionable in the case
				  record and request additional verification. When further information or
				  verification is requested the following items shall be acceptable:
A. Bank accounts (checking, savings,
				certificates of deposit, savings bond, or Keogh's). Documents which may be used
				to verify bank or financial institution accounts include:
(1) current bank statement;
(2) statement from the bank or institution
				showing the value of the resource or the penalties for early withdrawal of
				deposit showing the total value and the penalty for early withdrawal;
(3) savings bond(s) showing total value and
				statement from bank/institution of penalty for early withdrawal;
(4) additional items as listed in ISD 135,
				"proof checklist"; or
(5) if
				documentary evidence is not readily available, use other acceptable methods of
				verification as set forth in
				8.100.130.9 NMAC.
(6) Joint bank accounts: see appropriate
				program chapter for proper verification requirements.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 100 - GENERAL PROVISIONS FOR PUBLIC ASSISTANCE PROGRAMS › Part 130 - GENERAL OPERATING POLICIES - ELIGIBILITY AND VERIFICATION STANDARDS › Section 8.100.130.24 - FINANCIAL VERIFICATION STANDARDS - UNEARNED INCOME

Current through Register Vol. 35, No. 13, July 16, 2024
Verification of income is mandatory for all programs.
A. Social security benefits (OASDI, SSI):
				Documents which may be used to verify OASDI/ SSI benefits include:
(1) award letter (Form SSA 1610);
(2) copy of a check(s) - amount of medicare
				premium must be added in;
(3)
				letter from SSA;
(4) direct deposit
				receipt - amount of medicare premium must be added in;
(5) additional items as listed in ISD 135,
				"proof checklist"; or
(6) if
				documentary evidence is not readily available or is questionable, a collateral
				contact with the social security administration (TPQY) may be selected as
				verification of OASDI/SSI or use other acceptable methods of verification as
				set forth in
				8.100.130.9
				NMAC.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 100 - GENERAL PROVISIONS FOR PUBLIC ASSISTANCE PROGRAMS › Part 130 - GENERAL OPERATING POLICIES - ELIGIBILITY AND VERIFICATION STANDARDS › Section 8.100.130.25 - FINANCIAL VERIFICATION STANDARDS - EARNED INCOME

Current through Register Vol. 35, No. 13, July 16, 2024
A. Wages and salaries: Documents which may be
				used to verify current wages and salaries include:
(1) wage stubs;
(2) written statement from the
				employer;
(3) additional items as
				listed in ISD 135, "proof checklist"; or
(4) if documentary evidence is not readily
				available or is questionable, a collateral contact with the employer may be
				selected as verification of wages and salaries or use other acceptable methods
				of verification as set forth in
				8.100.130.9
				NMAC.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 100 - GENERAL PROVISIONS FOR PUBLIC ASSISTANCE PROGRAMS › Part 130 - GENERAL OPERATING POLICIES - ELIGIBILITY AND VERIFICATION STANDARDS › Section 8.100.130.26 - DEDUCTIONS/ALLOWANCES VERIFICATION STANDARDS - SHELTER

Current through Register Vol. 35, No. 13, July 16, 2024
A. The applicant/ recipient's statement is
				acceptable for verification of shelter expenses, if the information given is
				not questionable. If information is questionable or inconsistent; ISD must
				clearly document why the household's statement was unacceptable and what
				information requires additional verification. When further information or
				verification is requested the following items shall be acceptable:
(1) An obligation to pay for shelter is
				considered a deduction for SNAP. If the expense is questionable and
				verification of a shelter expense is requested and not provided, SNAP benefits
				will be determined without allowing a deduction for shelter expenses. When
				further verification is requested, documents which may be used to verify an
				obligation to pay for shelter include:
(a)
				mortgage payment book;
(b) written
				statement from the bank or other financial institution;
(c) rent receipt;
(d) written statement from the
				landlord;
(e) lease
				agreement;
(f) copies of bills for
				property taxes or house insurance;
(g) correspondence with the taxing authority
				or insurance agency; or
(h)
				additional items as listed on ISD 135 "proof checklist".
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 100 - GENERAL PROVISIONS FOR PUBLIC ASSISTANCE PROGRAMS › Part 130 - GENERAL OPERATING POLICIES - ELIGIBILITY AND VERIFICATION STANDARDS › Section 8.100.130.27 - DEDUCTIONS/ALLOWANCES VERIFICATION STANDARDS - MEDICAL EXPENSES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Verification of medical expenses is
				mandatory for SNAP if the applicant/recipient meets one of the criteria listed
				below. The applicant/recipient's statement that no reimbursement will be
				received will be accepted unless questionable. If the household claims a
				reimbursement, a deduction cannot be allowed until the un-reimbursed portion of
				the expense is verified.
(1) the individual
				claiming the medical expense is age 60 or older or disabled; and
(2) the amount of the medical expenses
				exceeds $35; or
(3) allowance of
				the medical expenses would potentially result in a deduction;
(4) failure to provide verification of
				medical expenses will result in a determination of eligibility and amount of
				benefits without considering medical expenses.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 100 - GENERAL PROVISIONS FOR PUBLIC ASSISTANCE PROGRAMS › Part 130 - GENERAL OPERATING POLICIES - ELIGIBILITY AND VERIFICATION STANDARDS › Section 8.100.130.28 - DEDUCTIONS/ALLOWANCES VERIFICATION STANDARDS - DEPENDENT CARE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The applicant/ recipient's statement is
				acceptable for verification of dependent care expenses, if the information
				given is not questionable. If information is questionable or inconsistent; ISD
				must clearly document why the household's statement was unacceptable and why
				information requires additional verification.
B. Documents which may be used to verify
				dependent care costs:
(1) current
				bill;
(2) written statement from
				the provider;
(3) additional items
				as listed in ISD 135 "proof checklist"; or
(4) if documentary evidence is not readily
				available, or is questionable a collateral contact with the care provider may
				be used as verification of dependent care costs or use other acceptable methods
				of verification as set forth in
				8.100.130.9
				NMAC.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 100 - GENERAL PROVISIONS FOR PUBLIC ASSISTANCE PROGRAMS › Part 140 - GENERAL OPERATING POLICIES CASE FILES › Section 8.100.140.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. Section
				27 NMSA 1978 (1992 Repl.) provides for the department to "...adopt, amend and
				repeal bylaws, rules and regulations..." It also provides for administration of
				public assistance programs.
B. The
				income support division (ISD) of the health care authority (HCA) was created by
				the HCA secretary under authority granted by Paragraph (3) of Subsection B of
				Section 9-8-6 NMSA 1978.
C. Section
				9-8-1 et seq. NMSA 1978 establishes the health care authority as a single,
				unified department to administer laws and exercise functions relating to health
				care facility licensure and health care purchasing and regulation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 100 - GENERAL PROVISIONS FOR PUBLIC ASSISTANCE PROGRAMS › Part 140 - GENERAL OPERATING POLICIES CASE FILES › Section 8.100.140.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
November 27, 2013, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 100 - GENERAL PROVISIONS FOR PUBLIC ASSISTANCE PROGRAMS › Part 140 - GENERAL OPERATING POLICIES CASE FILES › Section 8.100.140.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of these regulations is to provide general
				  policy and procedures for the ISD administered programs.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 100 - GENERAL PROVISIONS FOR PUBLIC ASSISTANCE PROGRAMS › Part 140 - GENERAL OPERATING POLICIES CASE FILES › Section 8.100.140.8 - PURPOSE OF CASE FILES

Current through Register Vol. 35, No. 13, July 16, 2024
A. ISD
				case records consisting of forms, records, narrative material, correspondence,
				and documents are scanned into electronic format and maintained in the
				department's secure electronic data management system. Documents submitted in
				person will be electronically scanned and returned to the individual. Original
				documents mailed to or left with the office will be photocopied and the
				originals mailed back to the client at his/her last known address known to the
				department. The copied documents will be electronically scanned and destroyed
				once successful completion of a scan into electronic format is confirmed. The
				case record documents the current and historical eligibility of a recipient
				group and thereby to establish the validity of decisions to approve or deny
				assistance.
B. Case records are the
				property of the department and are established and maintained solely for use in
				the public assistance programs administered by the department. Information
				contained in the case records is confidential and is released only under the
				limited circumstances and conditions as provided in federal and state laws and
				regulations, including 8.100.100 NMAC, Sections 13 through 15. Case records and
				their contents must remain in the possession of the department, its
				contractors, or approved federal employees. Copies of case records may be
				released in accordance with federal and state laws and regulations or pursuant
				to a court order.
C.
Electronic eligibility system information:
Client information stored on
				the department's electronic eligibility system is subject to the same
				guidelines for release of information as the department's case
				record.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 100 - GENERAL PROVISIONS FOR PUBLIC ASSISTANCE PROGRAMS › Part 140 - GENERAL OPERATING POLICIES CASE FILES › Section 8.100.140.9 - CONTENT OF CASE NARRATIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The following narrative outline is used on all applications
				  for assistance, and to record data and verification concerning all variable
				  conditions of eligibility. After the initial determination of eligibility for
				  assistance, no additional data are required in redeterminations except for
				  those eligibility conditions which are subject to change.
A. The case narrative is used for the
				comprehensive recording of relevant factual information in the case record.
				Narrative entries must be made promptly, with dates of relevant
				contacts.
B. Recorded information
				should be limited to items which are applicable to the case, such as changes in
				eligibility factors since the last review. Information which does not change,
				such as social security numbers, is not repeated.
C. The items below are intended as a minimum
				requirement for case narratives. Each county office manager has the privilege
				of expanding it at his/her discretion.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 100 - GENERAL PROVISIONS FOR PUBLIC ASSISTANCE PROGRAMS › Part 140 - GENERAL OPERATING POLICIES CASE FILES › Section 8.100.140.10 - ESSENTIAL INFORMATION AT INITIAL DETERMINATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Heading:
Case name and
				number.
B.
Application and
				intake:
(1) date of application,
				program applied for and reason for application stated in terms of the client's
				circumstances;
(2) documentation of
				worker's explanation of client's rights and responsibilities;
(3) names of individuals for whom application
				is being made.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 100 - GENERAL PROVISIONS FOR PUBLIC ASSISTANCE PROGRAMS › Part 140 - GENERAL OPERATING POLICIES CASE FILES › Section 8.100.140.11 - REDETERMINATION/RECERTIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. date of
				interview and how household composition or living arrangements are
				established;
B. documentation of
				school attendance of children in benefit group;
C. documentation of current resources and
				income; accounting for all formerly reported income and resources;
D. updated information on non-custodial
				parents and status of cooperation with the CSED;
E. review of work and work program
				participation and planning;
F.
				disposition of SNAP certification; and
G. list of necessary follow-ups.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 100 - GENERAL PROVISIONS FOR PUBLIC ASSISTANCE PROGRAMS › Part 150 - GENERAL OPERATING POLICIES - RECORD RETENTION/MANAGEMENT › Section 8.100.150.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. Section
				27 NMSA 1978 (1992 Repl.) provides for the health care authority to "...adopt,
				amend and repeal bylaws, rules and regulations¦." It also provides for
				administration of public assistance programs.
B. The income support division (ISD) of the
				health care authority (HCA) was created by the HCA secretary under authority
				granted by Paragraph (3) of Subsection B of Section 9-8-6 NMSA 1978.
C. Section 9-8-1 et seq. NMSA 1978
				establishes the health care authority (HCA) as a single, unified department to
				administer laws and exercise functions relating to health care facility
				licensure and health care purchasing and regulation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 100 - GENERAL PROVISIONS FOR PUBLIC ASSISTANCE PROGRAMS › Part 150 - GENERAL OPERATING POLICIES - RECORD RETENTION/MANAGEMENT › Section 8.100.150.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 2024, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 100 - GENERAL PROVISIONS FOR PUBLIC ASSISTANCE PROGRAMS › Part 150 - GENERAL OPERATING POLICIES - RECORD RETENTION/MANAGEMENT › Section 8.100.150.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of these regulations is to provide general
				  policy and procedures for income support division (ISD) administered
				  programs.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 100 - GENERAL PROVISIONS FOR PUBLIC ASSISTANCE PROGRAMS › Part 150 - GENERAL OPERATING POLICIES - RECORD RETENTION/MANAGEMENT › Section 8.100.150.8 - RECORD RETENTION

Current through Register Vol. 35, No. 13, July 16, 2024
Various records, forms and documents have differing periods
				  of relevance and usefulness. Certain material in the record should be deleted
				  on a scheduled basis when the material is no longer needed. To facilitate
				  record management, as well as to establish the minimum period of time for which
				  material must be retained, specific retention periods for case record materials
				  have been established. Record retention schedules for each form are listed in
				  the HCA forms manual table of contents.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 100 - GENERAL PROVISIONS FOR PUBLIC ASSISTANCE PROGRAMS › Part 150 - GENERAL OPERATING POLICIES - RECORD RETENTION/MANAGEMENT › Section 8.100.150.9 - RETENTION CODES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
P-retain permanently:
Forms and documents must be retained in the
				case record permanently.
B.
4-retain four years:
Federal regulations provide that fiscal
				documents must be retained for three years after the end of the period to which
				they apply. By retaining these records for four years, adjustment is made for
				post-closure reporting and audit periods within the federal requirements. If a
				record is part of a federal exception in an audit, the record is kept until the
				audit exception is resolved.
C.
1
-r
etain one year:
Many financial and medical
				assistance administrative forms, appointment letters, change notices, review
				schedules, etc., not needed for eligibility or benefit determination do not
				need to be kept for long periods of time, and can be destroyed when superseded
				or obsolete. Disposal of general correspondence not related to the eligibility
				conditions of clients is authorized when the purpose of the correspondence has
				been served.
D.
SI
-s
pecialinstructions:
There are some forms that can
				be destroyed when obsolete or no longer needed, or that are not filed in the
				case record. These forms have been identified under "SI" for reference
				purposes, and the user decides suitable disposition.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 100 - GENERAL PROVISIONS FOR PUBLIC ASSISTANCE PROGRAMS › Part 150 - GENERAL OPERATING POLICIES - RECORD RETENTION/MANAGEMENT › Section 8.100.150.10 - RETENTION OF NARRATIVE AND DOCUMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Narrative:
All narratives are
				kept permanently.
B.
Documents:
Copies of documents such as court orders, medical
				information, birth certificates, social security cards, death certificates,
				contracts, etc., are filed in the record permanently.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 100 - GENERAL PROVISIONS FOR PUBLIC ASSISTANCE PROGRAMS › Part 150 - GENERAL OPERATING POLICIES - RECORD RETENTION/MANAGEMENT › Section 8.100.150.11 - RETENTION OF CORRESPONDENCE

Current through Register Vol. 35, No. 13, July 16, 2024
Correspondence used to establish eligibility should be
				  retained for four years. Correspondence not used to establish eligibility may
				  be deleted after one year.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 100 - GENERAL PROVISIONS FOR PUBLIC ASSISTANCE PROGRAMS › Part 180 - GENERAL OPERATING POLICIES - EXTERNAL COMMUNICATIONS › Section 8.100.180.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. Section
				27 NMSA 1978 (1992 Repl.) provides for the health care authority to "...adopt,
				amend and repeal bylaws, rules and regulations...." It also provides for
				administration of public assistance programs.
B. The income support division (ISD) of the
				health care authority (HCA) was created by the HCA secretary under authority
				granted by Paragraph (3) of Subsection B of Section 9-8-6 NMSA 1978.
C. Section 9-8-1 et seq. NMSA 1978
				establishes the health care authority (HCA) as a single, unified department to
				administer laws and exercise functions relating to health care facility
				licensure and health care purchasing and regulation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 100 - GENERAL PROVISIONS FOR PUBLIC ASSISTANCE PROGRAMS › Part 180 - GENERAL OPERATING POLICIES - EXTERNAL COMMUNICATIONS › Section 8.100.180.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 2024, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 100 - GENERAL PROVISIONS FOR PUBLIC ASSISTANCE PROGRAMS › Part 180 - GENERAL OPERATING POLICIES - EXTERNAL COMMUNICATIONS › Section 8.100.180.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of these regulations is to provide general
				  policy and procedures for income support division (ISD) administered
				  programs.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 100 - GENERAL PROVISIONS FOR PUBLIC ASSISTANCE PROGRAMS › Part 180 - GENERAL OPERATING POLICIES - EXTERNAL COMMUNICATIONS › Section 8.100.180.8 - COMMUNICATION WITH RECIPIENT - GENERAL COMMUNICATION

Current through Register Vol. 35, No. 13, July 16, 2024
Both oral and written communications with
				  applicants/recipients must be courteous. ISD shall inform the client promptly
				  and in accord with state and federal regulations of actions relating to an
				  application or ongoing case.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 100 - GENERAL PROVISIONS FOR PUBLIC ASSISTANCE PROGRAMS › Part 180 - GENERAL OPERATING POLICIES - EXTERNAL COMMUNICATIONS › Section 8.100.180.9 - DENIAL/APPROVAL OF APPLICATION

Current through Register Vol. 35, No. 13, July 16, 2024
Prompt notification of action on a specific application is
				  required. See specific program sections in this manual.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 100 - GENERAL PROVISIONS FOR PUBLIC ASSISTANCE PROGRAMS › Part 180 - GENERAL OPERATING POLICIES - EXTERNAL COMMUNICATIONS › Section 8.100.180.10 - NOTICE OF AN ADVERSE ACTION

Current through Register Vol. 35, No. 13, July 16, 2024
Before any action to withhold a cash assistance payment or to
				  reduce or terminate medical, food stamp or cash assistance benefits, the HCA
				  must issue timely and adequate advance notice of an adverse action.
A. Adverse action defined: Adverse action
				means an action taken by HCA that adversely affects eligibility or the amount
				of benefits a household or benefit group receives, including withholding,
				suspending, reducing or terminating benefits.
B. Timing: A notice shall be issued to the
				household or benefit group before taking an adverse action. Benefits will not
				be reduced until 13 days from the date on the adverse action notice. If the
				13th day falls on a weekend or holiday, the next working day is counted as the
				last day of the 13-day adverse action notice period.
C. Contents:
(1) General: An adverse action notice shall
				contain, in easily understood language:
(a)
				reason for the proposed action, including the specific regulations supporting
				the action and the information on which the proposed action is based;
(b) date the action will take
				place;
(c) statement of the right
				to request a fair hearing and how to request a fair hearing;
(d) phone number of the caseworker in the
				event the client wants more information or wants to request a fair
				hearing;
(e) date by which the
				client must request a fair hearing to continue receiving assistance at the
				current rate;
(f) liability of the
				recipient for any over issuance or overpayment;
(g) right to be represented by legal counsel,
				friend or other spokesperson;
(h)
				notice that free legal help may be available to the household;
(i) the current benefit amount and proposed
				benefit amount after reduction for any reason.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 100 - GENERAL PROVISIONS FOR PUBLIC ASSISTANCE PROGRAMS › Part 180 - GENERAL OPERATING POLICIES - EXTERNAL COMMUNICATIONS › Section 8.100.180.11 - CONCURRENT NOTICE

Current through Register Vol. 35, No. 13, July 16, 2024
A concurrent notice is one which is mailed no later than the
				  date the benefit is or would have been received. It is also referred to as an
				  adequate notice.
A. Food stamps: HCA
				notifies a household that its FS benefits are reduced or terminated no later
				than the date the household receives, or would have received, its allotment, in
				the following circumstances:
(1) the household
				reports the information which results in the reduction or
				termination;
(2) the reported
				information is in writing and signed by an adult household member;
(3) HCA can determine the household's
				allotment or ineligibility based solely upon the household's written
				information;
(4) the household
				retains its right to a fair hearing;
(5) the household retains its right to
				continued benefits by requesting a fair hearing within the time period provided
				by the adverse action notice;
(6)
				HCA continues (or supplements) the household's previous benefit level, if
				necessary, within five working days of the household's request for a fair
				hearing.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 100 - GENERAL PROVISIONS FOR PUBLIC ASSISTANCE PROGRAMS › Part 180 - GENERAL OPERATING POLICIES - EXTERNAL COMMUNICATIONS › Section 8.100.180.13 - FRAUD

Current through Register Vol. 35, No. 13, July 16, 2024
If the agency obtains facts indicating that FA or MA should
				  be suspended, terminated or reduced because of probable fraud by the recipient
				  which has been verified, if possible, by collateral sources, notice of the
				  action being taken is mailed at least five days before the action is to become
				  effective.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 100 - GENERAL PROVISIONS FOR PUBLIC ASSISTANCE PROGRAMS › Part 180 - GENERAL OPERATING POLICIES - EXTERNAL COMMUNICATIONS › Section 8.100.180.14 - CONTINUATION OF BENEFITS

Current through Register Vol. 35, No. 13, July 16, 2024
If a fair hearing request is filed, benefits are continued,
				  under the circumstances described below, until the fair hearing determination
				  is completed.
A. Timely requests:
(1) Advance notice: If a household requests a
				fair hearing within the advance notice period provided by the advance adverse
				action notice, and its certification period has not expired, the household's
				participation in the program is continued on the same basis authorized
				immediately before the adverse action notice, unless the household specifically
				waives a continuation of benefits.
(2) All fair hearing request forms contain a
				space for a household to indicate whether or not continuation of benefits is
				requested. If the form does not positively indicate that the household has
				waived continuation of benefits, the ISS assumes that continuation of benefits
				is desired and the benefits are issued accordingly. Such benefits are continued
				until the end of the certification period or the resolution of the fair
				hearing, whichever is first.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 100 - GENERAL PROVISIONS FOR PUBLIC ASSISTANCE PROGRAMS › Part 180 - GENERAL OPERATING POLICIES - EXTERNAL COMMUNICATIONS › Section 8.100.180.15 - MASS CHANGES

Current through Register Vol. 35, No. 13, July 16, 2024
A. General:
				Certain changes initiated by the state or federal government may affect the
				entire caseload or significant portions of it. These changes include, but are
				not limited to, increases or decreases in eligibility or payment standards
				changes in excluded or deducted items or amounts. Mass changes affecting income
				include annual adjustments of Social Security, SSI, and other federal benefit
				programs, and any other changes in eligibility criteria based on legislative or
				regulatory actions.
B. Notice of
				mass changes: Adverse action notices are required for mass changes resulting
				from statutory or regulatory changes in eligibility or payment standards,
				benefit, changes in excluded or deducted items or amounts for purposes of
				eligibility or calculation of benefit levels. The HCA will either provide
				concurrent notice to affected households of the mass change no later than the
				date the household receives, or would have received, its benefit issuance, or
				the affected cases will be notified through the media, and posters in county
				offices.
C. Appeal rights: Notice
				of the change will include the recipient's right to appeal. A hearing is not
				available, and benefits are not continued, when automatic benefit adjustments
				are required by federal or state law unless the specific, express basis for the
				hearing request is incorrect benefit computation. If the recipient requests a
				fair hearing within the advance notice period, benefits will be continued at
				the former amount. If the appeal results in a decision that the reduction or
				closure was incorrect, the difference between what the recipient received
				pending the appeal decision and the amount that should have been received will
				be restored to the recipient.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 100 - GENERAL PROVISIONS FOR PUBLIC ASSISTANCE PROGRAMS › Part 180 - GENERAL OPERATING POLICIES - EXTERNAL COMMUNICATIONS › Section 8.100.180.16 - DISPUTED CONTINUATION OF BENEFITS

Current through Register Vol. 35, No. 13, July 16, 2024
If a client and the ISS disagree about the continuation of
				  benefits, the client may request a fair hearing. Adverse action defined.
				  "Adverse action" is action taken by HCA which adversely affects the amount of
				  benefits a client receives. Such actions include holding mailing of assistance
				  warrants, and suspension, reduction or termination of
				  benefits.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 100 - GENERAL PROVISIONS FOR PUBLIC ASSISTANCE PROGRAMS › Part 180 - GENERAL OPERATING POLICIES - EXTERNAL COMMUNICATIONS › Section 8.100.180.17 - HOME VISIT NOTICE

Current through Register Vol. 35, No. 13, July 16, 2024
The worker shall give advance notice to an applicant or
				  recipient of any visit to the applicant's or recipient's home.
A. Verbal notice: The advance notice may be
				in the form of a verbal communication between the worker and the applicant or
				recipient. The time and date of the visit must be mutually agreeable and
				should, in most cases, be made at least one day in advance of the visit. The
				worker shall provide an explanation of the need for the visit to the applicant
				or recipient. The worker shall document the discussion in the case narrative
				and provide a justification if the period of advance notice is any less than
				one day.
B. Written notice: The
				home visit notice may be written. The written notice shall be mailed at least
				10 days in advance of the intended visit. The notice shall indicate the time,
				date, and purpose of the visit. The notice shall request the applicant or
				recipient to confirm the appointment date with the worker. In the absence of a
				response from the applicant or recipient, the visit shall take place and the
				applicant or recipient is expected to be at home for the visit.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 100 - GENERAL PROVISIONS FOR PUBLIC ASSISTANCE PROGRAMS › Part 390 - GENERAL SUPPORT - INFORMATION SYSTEMS › Section 8.100.390.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. Section
				27 NMSA 1978 (1992 Repl.) provides for the health care authority to "...adopt,
				amend and repeal bylaws, rules and regulations...." It also provides for
				administration of public assistance programs.
B. The income support division (ISD) of the
				health care authority (HCA) was created by the HCA secretary under authority
				granted by Paragraph (3) of Subsection B of Section 9-8-6 NMSA 1978.
C. Section 9-8-1 et seq. NMSA 1978
				establishes the health care authority (HCA) as a single, unified department to
				administer laws and exercise functions relating to health care facility
				licensure and health care purchasing and regulation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 100 - GENERAL PROVISIONS FOR PUBLIC ASSISTANCE PROGRAMS › Part 390 - GENERAL SUPPORT - INFORMATION SYSTEMS › Section 8.100.390.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 2024, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 100 - GENERAL PROVISIONS FOR PUBLIC ASSISTANCE PROGRAMS › Part 390 - GENERAL SUPPORT - INFORMATION SYSTEMS › Section 8.100.390.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of these regulations is to provide general
				  policy and procedures for income support division (ISD) administered
				  programs.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 100 - GENERAL PROVISIONS FOR PUBLIC ASSISTANCE PROGRAMS › Part 390 - GENERAL SUPPORT - INFORMATION SYSTEMS › Section 8.100.390.8 - FORMS ANALYSIS, DESIGN, MANAGEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Official form defined:
An
				official form is any form with the HCA logo and a number assigned in central
				office. An official form must include a statement as to the purpose of the form
				and instructions for completion, distribution, and retention of the form.
(1) All statements regarding participant
				rights and responsibilities which appear on forms must be exactly as they are
				in the policy manual.
(2) Forms
				used in ISD field offices will be indexed in the forms
				manual.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 100 - GENERAL PROVISIONS FOR PUBLIC ASSISTANCE PROGRAMS › Part 390 - GENERAL SUPPORT - INFORMATION SYSTEMS › Section 8.100.390.9 - GRAPHICS UNIT PROCESS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				originating staff will complete a request/format approval form HCA 053 (green
				copy), attach the approved draft, and submit to the graphics unit. All drafts
				of proposed new forms submitted to the graphics unit must be typed or printed.
				The request/format approval form must include:
(1) quantity;
(2) dimensions;
(3) weight and type of paper;
(4) color of paper and inks;
(5) multiple copies;
(6) padding;
(7) stapling;
(8) drilling;
(9) stitching;
(10) wrapping;
(11) and any other special
				instructions.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 100 - GENERAL PROVISIONS FOR PUBLIC ASSISTANCE PROGRAMS › Part 390 - GENERAL SUPPORT - INFORMATION SYSTEMS › Section 8.100.390.10 - AUTOMATED FORMS

Current through Register Vol. 35, No. 13, July 16, 2024
Forms that are generated by automated systems are controlled
				  by the information systems bureau general supporting policy 8.100.390
				  NMAC.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 100 - GENERAL PROVISIONS FOR PUBLIC ASSISTANCE PROGRAMS › Part 390 - GENERAL SUPPORT - INFORMATION SYSTEMS › Section 8.100.390.11 - HCA SUPPLY

Current through Register Vol. 35, No. 13, July 16, 2024
For forms stored at the HCA central warehouse, originating
				  staff should consult the warehouse manager to determine: inventory status of
				  the form; status of outstanding orders; and estimated date the form supply will
				  be exhausted. This information will be used to determine the quantity of
				  revised forms to be ordered and the revision date to be indicated on the
				  revised form. The warehouse will notify the originating staff within 24 hours
				  of receipt of the revised form/ pamphlet. The originating staff will not
				  release the form or pamphlet to the field offices until the warehouse has stock
				  from which the field can order.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 100 - GENERAL PROVISIONS FOR PUBLIC ASSISTANCE PROGRAMS › Part 390 - GENERAL SUPPORT - INFORMATION SYSTEMS › Section 8.100.390.12 - RELEASE OF MANUAL REVISION

Current through Register Vol. 35, No. 13, July 16, 2024
Once notified by the warehouse that a supply of the new or
				  revised form is available, the originating staff will prepare the manual
				  revision cover memo. A copy of the completed manual revision, form, and
				  instructions will be submitted to the ISD forms manager. The forms manager will
				  update the forms manual indexes and submit the manual revision to the
				  director's office for signature and numbering. The signed and numbered manual
				  revision will be returned by the director's office to the originating staff for
				  distribution to the field.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 100 - GENERAL PROVISIONS FOR PUBLIC ASSISTANCE PROGRAMS › Part 390 - GENERAL SUPPORT - INFORMATION SYSTEMS › Section 8.100.390.13 - REORDERING FORMS

Current through Register Vol. 35, No. 13, July 16, 2024
To re-order forms, the originating staff member fills out a
				  form order/re-order memo and submits it to the warehouse manager for
				  processing. The warehouse manager will complete the purchase document and
				  return it to the program staff for signature.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 100 - GENERAL PROVISIONS FOR PUBLIC ASSISTANCE PROGRAMS › Part 390 - GENERAL SUPPORT - INFORMATION SYSTEMS › Section 8.100.390.14 - DISCONTINUATION OF FORMS

Current through Register Vol. 35, No. 13, July 16, 2024
If an originating staff member determines a form is to be
				  discontinued and destroyed, the originating staff will first consult with the
				  forms advisory team. When the discontinuation or destruction of a form is
				  agreed on, the originating staff will fill out a form discontinuation memo and
				  submit it to the forms manager for processing along with a copy of the manual
				  revision deleting the form from the forms manual. This will ensure the updating
				  of the index. The forms manager will then submit the documents to the warehouse
				  manager.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 100 - GENERAL PROVISIONS FOR PUBLIC ASSISTANCE PROGRAMS › Part 640 - RESTORATION AND CLAIMS › Section 8.100.640.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. Chapter
				27 NMSA 1978 (1992 Repl.) provides for the health care authority (HCA) to
				"...adopt, amend and repeal bylaws, rules and regulations..." It also provides
				for administration of public assistance programs.
B. The ISD of the HCA was created by the HCA
				secretary under authority granted by Paragraph (3) of Subsection B of Section
				9-8-6 NMSA 1978.
C. Section 9-8-1
				et seq. NMSA 1978 establishes the health care authority as a single, unified
				department to administer laws and exercise functions relating to health care
				facility licensure and health care purchasing and regulation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 100 - GENERAL PROVISIONS FOR PUBLIC ASSISTANCE PROGRAMS › Part 640 - RESTORATION AND CLAIMS › Section 8.100.640.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
September 30, 2013, unless a later date is cited at the end
				  of a section.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 100 - GENERAL PROVISIONS FOR PUBLIC ASSISTANCE PROGRAMS › Part 640 - RESTORATION AND CLAIMS › Section 8.100.640.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of these regulations is to provide regulations
				  in accordance with federal and state laws and regulations for the ISD
				  administered programs.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 100 - GENERAL PROVISIONS FOR PUBLIC ASSISTANCE PROGRAMS › Part 640 - RESTORATION AND CLAIMS › Section 8.100.640.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Unless otherwise apparent from the context, the following
				  definitions shall apply throughout these regulations.
A.
Claim:
means correcting the
				over-issuance of benefits an eligibility determination group received, but was
				not entitled to receive, subject to the recovery of such
				overpayments.
B.
Administrative or agency error (AE) claim:
means any claim for an
				overpayment caused by an action or failure to take action by the
				department.
C.
Eligibility
				determination group:
means the basic assistance unit for a category of
				assistance, or a group of people, either mandatory or optional, to be included
				in determining the monthly benefit amount.
D.
Inadvertent household error (IHE)
				claim:
means any claim for an overpayment resulting from a
				misunderstanding or unintended error on the part of the eligibility
				determination group.
E.
Intentional program violation (IPV) claim:
means any claim for an
				overpayment or trafficking resulting from an individual committing an IPV, as
				defined in regulation in Subsection D of 8.139.647.8 NMAC.
F.
Restoration:
means the
				issuance of benefits to an eligibility determination group that it was entitled
				to receive, but did not receive due to:
(1) an
				agency error or department discovered error;
(2) judicial action; a favorable fair hearing
				decision or an erroneous administrative disqualification for an IPV that is
				later reversed; or
(3) a regulation
				specifically requiring issuance of lost benefits.