New Mexico Administrative Code
Title 8 - SOCIAL SERVICES
Chapter 314 - LONG TERM CARE SERVICES - WAIVERS
Part 6 - MI VIA HOME AND COMMUNITY-BASED SERVICES WAIVER
Section 8.314.6.20 - RIGHT TO A HSD ADMINISTRATIVE HEARING

Universal Citation: 8 NM Admin Code 8.314.6.20

Current through Register Vol. 35, No. 18, September 24, 2024

A. MAD must grant an opportunity for a HSD administrative hearing as described in 8.314.6.20 NMAC in the following circumstances and pursuant to 42 CFR Section 431.220(a)(1) and (2) , Section 27-3-3 NMSA 1978 and 8.352.2 NMAC:

(1) when an applicant has been determined not to meet the LOC requirement for mi via program services;

(2) when an applicant has not been given the choice of HCBS as an alternative to institutional care;

(3) when an applicant is denied the services of his or her choice or the provider of his or her choice;

(4) when an eligible recipient's services are denied, suspended, reduced or terminated;

(5) when an eligible recipient has been involuntarily terminated from the program;

(6) when an eligible recipient's request for a budget adjustment has been denied; and

(7) when any other adverse action is taken by MAD against the eligible recipient, see 8.352.2 NMAC.

B. DOH and its counsel, if necessary, shall participate in any relevant HSD administrative hearing involving an eligible recipient. HSD's office of general counsel may elect to participate in the administrative hearing. See 8.352.2 NMAC for a complete description, instructions, and hearing process of a HSD administrative hearing for an eligible recipient.

Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.