reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 132 - UNCLAIMED CHILD, SPOUSAL OR MEDICAL SUPPORT › Section 8.50.132.10 - RECOVERY BY PERSON TO WHOM SUPPORT IS OWED

Current through Register Vol. 35, No. 13, July 16, 2024
The department may make payment or return support to a person
				  reasonably appearing to be entitled to payment, if the support has not already
				  been disbursed to the department as unclaimed property. The owner should
				  immediately contact the department as indicated below in
				  8.50.132.11
				  NMAC to establish a claim for the undistributed support. When the owner's
				  identity is verified, the department will distribute the support to the owner
				  so long as the owner made his or her claim within the appropriate
				  timeframes.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 132 - UNCLAIMED CHILD, SPOUSAL OR MEDICAL SUPPORT › Section 8.50.132.11 - FILING CLAIM WITH DEPARTMENT; HANDLING OF CLAIMS BY DEPARTMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A person, claiming they are owed money or property from the
				  department under this rule, may file a claim on a form prescribed by the
				  department and verified under oath or affirmation by the claimant.
A. Within thirty (30) days after a claim is
				filed, the department shall allow or deny the claim and give written notice of
				the decision to the claimant.
B. A
				person whose claim has not been acted upon within thirty (30) days after its
				filing may immediately file an administrative appeal to establish the
				claim.
C. A person adversely
				affected by a decision of the department may, within thirty (30) days after
				notice of the decision, file an administrative appeal in accordance with
				8.50.130 NMAC.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 100 - GENERAL PROVISIONS FOR PUBLIC ASSISTANCE PROGRAMS › Part 100 - GENERAL OPERATING PROCEDURES › Section 8.100.100.3 - 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 was created by the 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 100 - GENERAL OPERATING PROCEDURES › Section 8.100.100.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 2024, unless a different 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 100 - GENERAL OPERATING PROCEDURES › Section 8.100.100.6 - 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 100 - GENERAL OPERATING PROCEDURES › Section 8.100.100.8 - RULES AND REGULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The HCA secretary has authority to adopt rules and
				  regulations governing the activities of HCA. These rules and regulations are
				  subject to differing requirements regarding prior notice or hearing. This
				  section details the differing types of rules and requirements relative to
				  promulgation of those rules.
A.
Regulations
(1)
Internal
				rules:
The HCA secretary has the authority to adopt rules governing the
				internal operations of the HCA without giving prior notice or opportunity for a
				hearing
(2)
Permanent
				rules:
The secretary approves final rules implementing proposals to
				adopt, amend or repeal HCA rules and regulations in accordance with the
				provisions and procedures set forth in Subsections B-F of
				8.100.100.8 NMAC.
(3)
Interim rulemaking:
Under
				Subsection F of Section 9-8-6 NMSA 1978, the secretary may adopt interim rules
				where necessary due to reductions in federal funding which do not allow the
				time necessary to proceed through the regular rule promulgation process. In
				this process, the secretary must give at least 20 days individual notice of the
				change but, may then implement on an interim basis until the normal proposed
				rule publication and hearing process can be carried out. Following that
				process, the interim rule is superseded by the final rule developed in
				accordance with the provisions set forth below.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 100 - GENERAL PROVISIONS FOR PUBLIC ASSISTANCE PROGRAMS › Part 100 - GENERAL OPERATING PROCEDURES › Section 8.100.100.9 - MISSION STATEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. ISD's
				primary mission is to relieve, minimize or eliminate poverty and to make
				available certain services for eligible low-income individuals and families
				through statewide programs of financial assistance, food assistance, and
				employment assistance and training services.
B. Human dignity and client rights: HCA has a
				commitment to respect for human dignity. Therefore, all programs are
				administered in a manner respectful of the dignity and personal privacy and
				rights of program beneficiaries. Discrimination based on personal judgments of
				a client's behavior, social status, religion, race, cultural patterns,
				personality, political beliefs, color, handicap or sex, is a violation of the
				law and a violation of ISD policy.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 100 - GENERAL PROVISIONS FOR PUBLIC ASSISTANCE PROGRAMS › Part 100 - GENERAL OPERATING PROCEDURES › Section 8.100.100.11 - GENERAL PROGRAM DESCRIPTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
NMW:
(1)
Purpose:
The purpose of the New Mexico works (NMW) program is to improve the quality of
				life for parents and children by increasing family income, assisting parents to
				develop the discipline necessary for self-sufficiency and to improve their
				self-esteem. The further purpose of the program is to increase family income
				through family employment and child support and by viewing financial assistance
				as a support service to enable and assist parents to participate in
				employment.
(2) The program
				accomplishes this purpose by providing cash assistance, medical assistance, and
				work program services, including education, job training, and transportation to
				assist recipients in obtaining and keeping employment that is sufficient to
				sustain their families thereby ensuring the dignity of those who receive
				assistance and strengthening families and the families' support for their
				children.
(3)
Legal
				basis:
The New Mexico Works Act assigns responsibility for
				administration of the New Mexico works program to the health care authority.
				The governor of the state of New Mexico has designated the HCA as the TANF
				state agency in the state's biennial TANF block grant plan, pursuant to the
				requirements of Section 401 of Title IV-A of the federal Social Security
				Act.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 100 - GENERAL PROVISIONS FOR PUBLIC ASSISTANCE PROGRAMS › Part 100 - GENERAL OPERATING PROCEDURES › Section 8.100.100.12 - RESPONSIBILITY AND DELEGATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Division responsibilities:
The income support division (ISD) is
				responsible for administering all relevant assistance programs in an accurate
				and timely fashion while treating clients with respect and dignity. The
				division administers those programs described in
				8.100.100.10 NMAC, categories of
				assistance, and
				8.100.100.11 NMAC, general program
				description.
B.
Central
				office responsibilities:
The division's central office includes the
				director, deputy directors and staff. Generally, central office is responsible
				for developing and managing division programs, program and organizational
				budgets and division personnel. It provides oversight and supervision of
				division field offices.
C.
Field office responsibilities:
ISD county field offices are
				located in the majority of counties in the state. Counties without ISD field
				offices may be served by scheduled itinerant visits. The county field office is
				the ISD unit responsible for the direct administration of ISD's food, medical,
				energy and financial assistance programs. The offices administer programs
				according to HCA regulations and policies. Each county office is supervised by
				a county director, who is responsible for the overall operation of the office,
				supervising office employees, and administering ISD programs. County directors
				report to and are supervised by ISD's deputy director for field
				operations.
D.
Privacy:
(1) Procedures used to
				determine eligibility must respect the rights of the client under the United
				States constitution, the Social Security Act, Title VI of the Civil Rights Act
				of 1964, or any other relevant provisions of state and federal laws. Intrusions
				on a client's privacy and personal dignity are limited to what is reasonably
				necessary to make sure that expenditures made under the programs are accurate
				and legal.
(2)
Prohibited
				activities:
Specifically prohibited activities include:
(a) entering a home by force or without
				permission;
(b) making home visits
				outside of normal ISD working hours; and
(c) searching a home for clues of possible
				deception.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 100 - GENERAL PROVISIONS FOR PUBLIC ASSISTANCE PROGRAMS › Part 100 - GENERAL OPERATING PROCEDURES › Section 8.100.100.13 - CONFIDENTIALITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. Both the Social
				Security Act and the Food Stamp Act require the state agencies responsible for
				the administration of these programs to provide for the confidentiality of
				information about applicants for and recipients of program benefits.
B. "Confidential information" includes all
				information about an applicant for or recipient of program assistance contained
				in division records, as well as information obtained by division employees in
				their official capacity, whether such information is recorded or not. The term
				also includes records of division evaluations of recorded information. The term
				does not include general information of a statistical nature that cannot be
				identified with a particular individual or family group.
C. Access to Information: All information and
				documentation contained in a case record, with the exception of medical
				information and narrative dated before February 1, 1977, may be released to an
				adult family member or their representative on request. In financial assistance
				cases, confidential information is not released to the dependent children or
				the spouse (if not the other parent) of the specified relative, unless
				permission to do so is given by the specified relative.
D. Specific legal basis:
(1) Federal law: The Social Security Act, as
				amended, requires that state agencies administering the temporary assistance
				for needy families (TANF) program limit the release or use of information about
				applicants or recipients, including medical reports, to:
(a) purposes directly connected with the
				administration of TANF (Title IVA), child support enforcement (Title IV-D),
				medicaid (Title XIX), social services (Title XX), SSA program (Title V), and
				SSI program (Title XVI);
(b)
				investigations, prosecutions or civil or criminal proceedings conducted in
				connection with the administration of these programs;
(c) agencies administering any other federal
				or federally-aided program which provides assistance in cash, in kind, or in
				services directly to individuals based on need, provided that the client's
				permission to release the information has been obtained in writing; the Food
				Stamp Act of 1977 and succeeding amendments require safeguards restricting the
				use or disclosure of information obtained from applicant or recipient
				households to persons directly connected with the administration or enforcement
				of the provisions of the act or regulations issued pursuant to the
				act.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 100 - GENERAL PROVISIONS FOR PUBLIC ASSISTANCE PROGRAMS › Part 100 - GENERAL OPERATING PROCEDURES › Section 8.100.100.14 - CLIENT INFORMATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. ISD
				case record:
(1) ISD case records, consisting
				of forms, records, narrative material, correspondence and documents, are
				scanned into electronic format and maintained in the HCA'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 their last known address known to the HCA. 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.
(2) Case records are the property of the HCA
				and are established and maintained solely for use in the public assistance
				programs administered by the HCA. Information contained in the case record(s)
				is confidential and is released only under the limited circumstances and
				conditions as provided in federal and state laws and regulations, including
				Sections 13 through 15, 8.100.100 NMAC. Case records and their contents must
				remain in the possession of the HCA, 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.
(3) Electronic eligibility system
				information: Client information stored on the HCA's electronic eligibility
				system is subject to the same guidelines for release of information as the
				HCA's case record.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 100 - GENERAL PROVISIONS FOR PUBLIC ASSISTANCE PROGRAMS › Part 100 - GENERAL OPERATING PROCEDURES › Section 8.100.100.15 - PUBLIC INFORMATION ACT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Policy and procedures manual: The regulations for the public assistance
				programs administered by the HCA are located on the official website of the New
				Mexico administrative code located at http://www.nmcpr.state.nm.us/ nmac/.
				Procedures and policy guidance is located at the official HCA website under the
				specified division at
http://www.HCA.nm.gov
. Copies of
				appropriate regulations and procedures and policy guidance will be provided to
				the claimant as part of the summary of evidence in a fair hearing pursuant to
				Subsection F of
				8.100.970.10 NMAC.
B. State program and plan materials: The HCA
				state plans are available at the official HCA website under the specified
				division at
http://www.HCA.nm.gov
.
C. Other printed materials: Additional
				printed materials, such as brochures and pamphlets describing basic financial
				and non-financial eligibility criteria, the application process, and
				participant rights and responsibilities, are available at the local county
				offices, social security administration offices, state employment services
				offices, other agencies providing public assistance services, and the official
				HCA website at
http://www.HCA.nm.gov
.
D. Federal laws, regulations and other
				materials: Federal materials should be obtained by contacting the responsible
				federal agency directly. The university of New Mexico is a federal repository.
				Many federal agencies post regulations, planning documents and requirements as
				well as program instructions on the internet.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 100 - GENERAL PROVISIONS FOR PUBLIC ASSISTANCE PROGRAMS › Part 100 - GENERAL OPERATING PROCEDURES › Section 8.100.100.16 - NONDISCRIMINATION/PROGRAM ACCESS AND DELIVERY OF SERVICE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Statement of nondiscrimination: HCA
				programs must be administered in a manner which makes sure that no person is
				denied any aid, care, services or other benefits on the grounds of race, color,
				age, sex, handicap, religious creed, national origin or political beliefs, or
				is otherwise subjected to unlawful discrimination.
B. Right to file complaint: Any individual
				who thinks they are being discriminated against because of race, color, sex,
				handicap, religious creed, national origin or political beliefs has the right
				to file a complaint with the central or any local HCA office, or with the U.S.
				department of health and human services, the U.S. department of justice, the
				U.S. department of agriculture, or the civil rights commission in Washington
				D.C.
(1) Complaint form: Individuals wishing
				to file complaints with HCA may use forms provided by ISD on request. A letter
				or statement, written or oral, expressing a belief of being unlawfully
				discriminated against is also accepted as a complaint.
(2) Unwritten complaints: If an individual
				alleges that a discriminatory act has been committed, but refuses or is
				reluctant to put the complaint in writing, the person receiving the complaint
				does so.
(3) Written complaints:
				Written complaints are accepted even if the information listed below in
				Paragraph 6 of Subsection B of
				8.100.100.16 NMAC is
				incomplete.
(4) Investigation: HCA
				investigates any complaints received. Individuals making complaints are told
				whether unlawful discrimination is found to exist and what other action may be
				taken by complainants who are not satisfied with the decision.
(5) Food stamp complaint deadline: A
				complaint claiming unlawful discrimination in the food stamp program must be
				filed no later than 180 days after the date of the alleged discrimination.
				However, this deadline may be extended by the U.S. secretary of
				agriculture.
(6) Information
				needed:
(a) name, address and telephone number
				or other means of contacting complainant;
(b) location and name of individual/ agency
				responsible for delivering service and accused of discriminatory
				practices;
(c) nature of incident
				or action causing the complainant to allege unlawful discrimination; or an
				example of the aspect of the program administration which is alleged to harm
				potential participants or the individual making the complaint;
(d) basis on which complainant feels unlawful
				discrimination exists (age, race, handicap, sex, religious creed, color,
				national origin or political beliefs);
(e) names, titles and addresses of persons
				who may have knowledge of the discriminatory acts;
(f) date or dates on which the alleged
				discriminatory actions occurred.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 100 - GENERAL PROVISIONS FOR PUBLIC ASSISTANCE PROGRAMS › Part 100 - GENERAL OPERATING PROCEDURES › Section 8.100.100.17 - BENEFIT ISSUANCE SYSTEM

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Electronic benefit transfer (EBT): SNAP and cash benefits are issued through a
				direct deposit into an EBT account. The benefits are maintained in a central
				database and accessed by the household through an individual debit card issued
				to the household.
B. Initial
				issuance of EBT card: The EBT card is issued to the designated payee of the
				eligible household or to the designated authorized representative.
(1) The EBT card is mailed to the head of
				household or the designated authorized representative on the first working day
				after the application is registered. The applicant or recipient shall receive
				training on the use of the EBT card prior to activation of the EBT
				card.
(2) The EBT card shall be
				issued to the payee for an eligible household through the most effective means
				identified by HCA which may include issuance at the county office or by
				mail.
(3) The applicant or
				recipient must verify their identity.
(4) The payee for the eligible household may
				select the four-digit personal identification number that will allow access to
				the household's benefits.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 100 - GENERAL PROVISIONS FOR PUBLIC ASSISTANCE PROGRAMS › Part 100 - GENERAL OPERATING PROCEDURES › Section 8.100.100.18 - TRAINING

Current through Register Vol. 35, No. 13, July 16, 2024
A. General
				statement: Effective staff development and training is an integral part of
				successful ISD program operations. ISD supports employee attendance at
				job-relevant training opportunities. Attendance at training sessions needs
				supervisory approval. Priorities for such approval are:
(1) training to improve skills needed in an
				employee's current position;
(2)
				training to add new skills useful in an employee's current position;
(3) training for an employee's career
				development.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 100 - GENERAL PROVISIONS FOR PUBLIC ASSISTANCE PROGRAMS › Part 100 - GENERAL OPERATING PROCEDURES › Section 8.100.100.19 - ADMINISTRATIVE TRAINING

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Personnel: New employees: ISD encourages prompt attendance at new-employee
				orientation sessions and requires completion of these sessions as specified in
				the division's training plan(s).
B.
				Professional development: ISD supports attendance at training sessions for an
				employee's professional development needs and goals. Such attendance requires
				supervisory review and approval and must not interfere with timely performance
				of an employee's ongoing duties.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 100 - GENERAL PROVISIONS FOR PUBLIC ASSISTANCE PROGRAMS › Part 100 - GENERAL OPERATING PROCEDURES › Section 8.100.100.20 - PROGRAM TRAINING

Current through Register Vol. 35, No. 13, July 16, 2024
A. New
				employee training: The division maintains a new-employee training curriculum
				for all major programs administered by ISD. This program is accessible to all
				division and HCA employees who need training in food stamps, financial
				assistance or medical assistance programs.
B. Training standards: ISD training programs
				conform to the following standards:
(1) Needs
				assessments: Training programs are developed based upon generally accepted
				methods of training needs assessment, for example; formal analysis, training
				needs survey, performance statistics.
(2) Objectives and skills: Training developed
				and presented by ISD staff must be objective or competency based.
(3) Agenda and prior notification: Training
				provided to ISD staff members by other HCA employees must, at a minimum:
(a) be planned in advance with enough notice
				to adjust work schedules;
(b) have
				a written agenda;
(c) be
				coordinated with the ISD training staff.
(4) Training event report: All individuals
				who provide individual training sessions to ISD staff must complete an ISD
				training event report and submit the form to the ISD training
				staff.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 100 - GENERAL PROVISIONS FOR PUBLIC ASSISTANCE PROGRAMS › Part 100 - GENERAL OPERATING PROCEDURES › Section 8.100.100.21 - PROVIDER TRAINING

Current through Register Vol. 35, No. 13, July 16, 2024
Provision of training sessions - The ISD training staff
				  provides program training to providers on request as scheduling
				  permits.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 100 - GENERAL PROVISIONS FOR PUBLIC ASSISTANCE PROGRAMS › Part 100 - GENERAL OPERATING PROCEDURES › Section 8.100.100.22 - SECURITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. Physical
				property: It is the responsibility of each ISD county director or bureau chief
				to develop and maintain plans for ensuring the security office equipment,
				furniture and facilities according to department and other state and federal
				government guidelines.
B. Personnel
				security: ISD staff are provided training in tools and techniques to reduce the
				incidence or likelihood of violence or threats directed towards the ISD
				employee.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 100 - GENERAL PROVISIONS FOR PUBLIC ASSISTANCE PROGRAMS › Part 100 - GENERAL OPERATING PROCEDURES › Section 8.100.100.23 - ITINERANTSERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
A. ISD provides
				itinerant service to clients residing at a distance from local ISD offices.
				Income support specialists visit specified locations on a regularly scheduled
				basis and conduct required interviews.
B. Itinerant schedules are available through
				local ISD offices. An itinerant location may not be eliminated by ISD without
				public notice and adequate justification.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 100 - GENERAL PROVISIONS FOR PUBLIC ASSISTANCE PROGRAMS › Part 110 - GENERAL OPERATING POLICIES - APPLICATIONS › Section 8.100.110.3 - 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 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 110 - GENERAL OPERATING POLICIES - APPLICATIONS › Section 8.100.110.5 - 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 110 - GENERAL OPERATING POLICIES - APPLICATIONS › Section 8.100.110.6 - 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 110 - GENERAL OPERATING POLICIES - APPLICATIONS › Section 8.100.110.8 - RIGHT TO APPLY

Current through Register Vol. 35, No. 13, July 16, 2024
Each individual shall have the opportunity to apply for
				  public assistance programs administered by the HCA or to have an authorized
				  representative do so on their behalf. Paper application forms must be readily
				  accessible in the ISD local office lobby and provided to any person who
				  requests the form. Applications are made in a format prescribed by the HCA to
				  include paper forms or electronic submissions. All forms and notices will be
				  accessible to individuals with limited-English proficiency or disabilities. ISD
				  will post signs in local field offices which explain the application processing
				  standards and the right to file an application on the day of initial
				  contact.
A. Screening: Every applicant
				shall have the opportunity to meet, face to face or telephonically, with ISD
				when an application is submitted during regular business hours. ISD will review
				the application, assist the applicant in completing the application, if it is
				incomplete or assistance is otherwise necessary, and will assist in identifying
				the public assistance program(s) for which the applicant wishes to apply.
(1) Screening for supplemental nutrition
				assistance program (SNAP) expedited service: ISD will screen SNAP applicants
				for entitlement to expedited processing, using the standard formula and
				documenting the application, at the time the household requests assistance.
(a) If the applicant is eligible for
				expedited service, the SNAP application will be processed in accordance with
				8.139.110.16 NMAC.
(b) If expedited SNAP processing is denied,
				the applicant will be informed of the right to request an agency review
				conference to be held within two days of the request unless the household
				requests a later date pursuant to Paragraph (4) of Subsection E of
				8.100.970.10
				NMAC.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 100 - GENERAL PROVISIONS FOR PUBLIC ASSISTANCE PROGRAMS › Part 110 - GENERAL OPERATING POLICIES - APPLICATIONS › Section 8.100.110.9 - SUBMISSION OF FORMS

Current through Register Vol. 35, No. 13, July 16, 2024
Applicants may submit forms to a local county office in
				  person or through an authorized representative, through the approved HCA web
				  portal, by fax or by mail. The date the application and forms are received by
				  ISD will be documented on the form. Applications submitted after regular
				  business hours shall be considered received after business hours.
A. Incomplete application: An applicant has
				the right to file an incomplete form as long as the form contains the
				applicant's name, address and the signature of a responsible household or
				benefit group member or the household or benefit group's authorized
				representative, if one is designated.
B. Requesting application forms: When ISD
				receives a request for an application for assistance, ISD will mail, fax or
				hand deliver a paper application and provide the approved web portal address
				(for online applications), as indicated by the requestor, on the same day the
				request is received.
C. ISD shall
				provide households that complete an on-line electronic application in person at
				the ISD office the opportunity to review the information that has been recorded
				electronically and provide them with a copy of that information for their
				records, upon request.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 100 - GENERAL PROVISIONS FOR PUBLIC ASSISTANCE PROGRAMS › Part 110 - GENERAL OPERATING POLICIES - APPLICATIONS › Section 8.100.110.10 - INTERVIEWS

Current through Register Vol. 35, No. 13, July 16, 2024
Specific requirements for the interview are outlined in each
				  program's chapter on this topic. Related verification issues for the interview
				  are located in the verification section.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 100 - GENERAL PROVISIONS FOR PUBLIC ASSISTANCE PROGRAMS › Part 110 - GENERAL OPERATING POLICIES - APPLICATIONS › Section 8.100.110.12 - TIME LIMITATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A decision shall be made promptly on applications in
				  accordance with the timeliness standards set forth in
				  8.100.130.11 NMAC. These deadlines
				  ensure that eligibility decisions are made promptly without restricting the
				  applicant's right to supply verification of eligibility factors throughout the
				  application processing period.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 100 - GENERAL PROVISIONS FOR PUBLIC ASSISTANCE PROGRAMS › Part 120 - GENERAL OPERATING POLICIES - CASE MANAGEMENT › Section 8.100.120.3 - 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 120 - GENERAL OPERATING POLICIES - CASE MANAGEMENT › Section 8.100.120.5 - 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 120 - GENERAL OPERATING POLICIES - CASE MANAGEMENT › Section 8.100.120.6 - 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 120 - GENERAL OPERATING POLICIES - CASE MANAGEMENT › Section 8.100.120.8 - CASE ASSIGNMENT

Current through Register Vol. 35, No. 13, July 16, 2024
County directors are responsible for equitable and efficient
				  assignment of assistance cases.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 100 - GENERAL PROVISIONS FOR PUBLIC ASSISTANCE PROGRAMS › Part 120 - GENERAL OPERATING POLICIES - CASE MANAGEMENT › Section 8.100.120.9 - REVIEWS

Current through Register Vol. 35, No. 13, July 16, 2024
County directors and ISS supervisors conduct case reviews as
				  directed by their district operations managers.
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 8.100.130.3 - 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 Chapter 9, Article 8 NMSA 1978 (Repl. 1983).
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 130 - GENERAL OPERATING POLICIES - ELIGIBILITY AND VERIFICATION STANDARDS › Section 8.100.130.5 - 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 130 - GENERAL OPERATING POLICIES - ELIGIBILITY AND VERIFICATION STANDARDS › Section 8.100.130.6 - 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 130 - GENERAL OPERATING POLICIES - ELIGIBILITY AND VERIFICATION STANDARDS › Section 8.100.130.9 - METHODS OF VERIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Verification to determine eligibility and benefit level is obtained through six
				methods. Not all methods will necessarily be used in each case. The six methods
				are outlined in Subsections B through G of this section as well as the
				circumstance in which they may be used.
B. Prior case data not subject to change:
				Verification of an eligibility factor not subject to change which previously
				has been verified is accepted. At the application interview, ISD shall advise
				the applicant/recipient of any eligibility factors which have previously been
				established through documents in ISD's possession and that are not subject to
				change. ISD shall not require further verification of any eligibility factors
				already established. Such factors include: U.S. citizenship, permanent
				residency, birth date, relationship, social security enumeration and
				deprivation due to the death of a parent.
C. Electronic data: Every applicant/recipient
				shall be informed that the information provided is subject to verification
				through federal, state, local and contracted data systems. ISD shall review the
				information received from the data source with the applicant/ recipient and not
				require additional verification of such information unless it is disputed by
				the applicant/ recipient, the information is otherwise questionable, or the
				information does not comply with specific benefit requirements. Questionable
				information is defined in
				8.100.130.12 NMAC. Electronic data
				checks are automatically made and are not considered to be collateral contacts.
				The electronic data checked includes, but is not limited to:
(1) SSA and SSI information through the
				beneficiary data exchange (BENDEX) and the state data exchange (SDX) systems:
(a) the household shall be given an
				opportunity to verify the information from another source if the SDX or BENDEX
				information is contrary to the information provided by the household or is
				unavailable;
(b) eligibility and
				benefit level determination shall not be delayed past the application
				processing standards of
				8.100.130.11 NMAC of this part if
				SDX or BENDEX data is unavailable;
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 8.100.130.10 - SELECTION OF VERIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
Verification shall be requested only when necessary to
				  establish a specific eligibility factor or benefit amount for a program and is
				  not available or acceptable from an electronic source, in accordance with other
				  benefit requirements. The method of verification which is selected to establish
				  eligibility on a factor is determined through discussion between ISD and the
				  applicant/recipient.
A. Only necessary
				verification: ISD shall only request verification which is necessary to
				establish eligibility or benefit amounts for the assistance program(s) for
				which the applicant/recipient has applied.
B. Ready availability: The determination that
				verification is readily available will be made through discussion with the
				applicant/ recipient. A readily available document is one which can be obtained
				by the applicant/recipient within five working days and at no cost to the
				applicant/recipient.
C.
				Verification of a negative statement: Verification, other than by sworn
				statement, of a negative statement shall not be required unless the statement
				is or becomes questionable as defined in
				8.100.130.12 NMAC and at least one
				specific method of verifying the statement is readily available. A negative
				statement is a statement by an applicant/recipient that something does not
				exist or did not occur. Negative statements may be discussed with the
				applicant/recipient depending on the applicant/recipient's
				circumstances.
D. Verifying more
				than one factor: To the extent possible, ISD shall use a document to establish
				more than one eligibility factor.
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 8.100.130.12 - QUESTIONABLE INFORMATION/VERIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. To be considered questionable, incomplete
				or inadequate, the information or verification must be documented as one of the
				following:
(1) inconsistent with statements
				made by the applicant/recipient;
(2) inconsistent with other information on
				the application or previous applications;
(3) inconsistent with credible information
				received by ISD;
(4) questionable
				on its face.
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 8.100.130.13 - NON-FINANCIAL VERIFICATION STANDARDS - IDENTITY

Current through Register Vol. 35, No. 13, July 16, 2024
A.
SNAP and cash assistance
				programs:
Verification of identity for the applicant is mandatory at
				application for the SNAP and cash assistance programs. Documents that can be
				used to verify identity for the SNAP and cash assistance programs include, but
				are not limited to:
(1) photo ID; including
				driver's license;
(2) birth
				certificate;
(3) school
				record;
(4) church
				record;
(5) hospital or insurance
				card;
(6) letter from community
				resources;
(7) voter registration
				card;
(8) work ID;
(9) ID for another assistance or social
				service program;
(10) wage
				stubs;
(11) additional items as
				listed in ISD 135, "proof checklist"; or
(12) 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 8.100.130.14 - NON-FINANCIAL VERIFICATION STANDARDS: NONCONCURRENT RECEIPT OF ASSISTANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Verification of
				nonconcurrent receipt of assistance is mandatory. ISD has responsibility for
				verifying nonconcurrent receipt of benefits usually through government data
				systems or other state agencies.
(1) For SNAP
				purposes, non-receipt of SNAP benefits from this state or another state or
				receipt of tribal commodities must be verified.
(2) For medicaid, ineligibility to receive
				medicaid benefits from this state or another state in the current month must be
				verified.
(3) For cash assistance,
				ineligibility for and non-receipt of assistance from the supplemental security
				income (SSI) program and bureau of Indian affairs general assistance (BIA GA)
				program, TANF assistance from New Mexico tribal programs, cash assistance from
				a HCA administered program and adoption subsidies funded through Title IV-E of
				the Social Security Act must be verified.
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 8.100.130.15 - NON FINANCIAL VERIFICATION STANDARD - ENUMERATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Verification that the enumeration
				requirement for an applicant/recipient has been met is mandatory for applicants
				who are seeking benefits for themselves unless the benefit program does not
				require enumeration, or the applicant seeking benefits is in an immigration
				status not requiring enumeration. The applicant/recipient must provide the
				social security number (SSN) which has been issued to the individual no later
				than 60 days following approval. ISD shall verify the SSN through the following
				methods:
(1) When an SSN is provided: The SSN
				will be verified through a data match with the SSA. If the SSN is not validated
				through the data match, the following sources of verification listed below may
				be utilized to validate the SSN:
(a) ISD
				eligibility system;
(b) social
				security card (OA-702);
(c) ISD
				social security number validation report form (ISD 260);
(d) an original SSA document containing the
				SSN; or
(e) the individual who has
				provided their SSN will not be required to produce proof of SSN unless the SSN
				is found to be questionable.
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 8.100.130.16 - NON-FINANCIAL VERIFICATION STANDARD-CITIZENSHIP AND ELIGIBLE NON-CITIZEN STATUS

Current through Register Vol. 35, No. 13, July 16, 2024
This section details the specific types of information and
				  documents to be used in establishing the citizenship and non-citizen status for
				  individuals who are applying for food assistance, cash assistance and medical
				  assistance programs for themselves.
A.
				Citizenship for SNAP and cash assistance: Citizenship for SNAP and cash
				assistance programs will be verified only when questionable (as defined by
				8.100.130.12 NMAC). Information and
				documents that can be used to verify citizenship include:
(1) social security number;
(2) birth certificate;
(3) naturalization papers from the department
				of homeland security United States citizenship and immigration services (DHS)
				such as DHS Forms I-179 or I-197;
(4) U.S. passport;
(5) military service papers;
(6) hospital record of birth;
(7) baptismal record, when place of birth is
				shown;
(8) Indian census
				records;
(9) DHS 400 for
				non-citizen children who can derive citizenship through citizen father or
				mother;
(10) additional items as
				listed on ISD 135, "proof checklist";
(11) any document listed in Subsection B of
				this section; or
(12) if electronic
				verification is not available, and documentary evidence is not readily
				available, use other acceptable methods of verification as described in
				8.100.130.9
				NMAC.