New Mexico Administrative Code
Title 8 - SOCIAL SERVICES
Chapter 349 - COORDINATED SERVICE CONTRACTORS
Part 2 - APPEALS AND GRIEVANCE PROCESS
Section 8.349.2.13 - EXPEDITED RESOLUTION OF APPEALS
Current through Register Vol. 35, No. 18, September 24, 2024
An expedited resolution of an appeal is an expedited review by the CSC of a CSC action.
A. The CSC shall establish and maintain an expedited review process for appeals when the CSC determines that allowing the time for a standard resolution could seriously jeopardize the recipient's life or health or ability to attain, maintain, or regain maximum function. Such a determination is based on:
B. The CSC shall ensure that the expedited review process is convenient and efficient for the recipient.
C. The CSC shall resolve the appeal within three working days of receipt of the request for an expedited appeal, if the request meets the definition of expedited in 8.349.2.13 NMAC.
D. The CSC may extend the time frame by up to 14 calendar days if the recipient requests the extension, or the CSC demonstrates to HCA that there is need for additional information and the extension is in the recipient's interest. For an extension not requested by the recipient, the CSC shall give the recipient written notice of the reason for the delay.
E. The CSC shall ensure that punitive action is not taken against a recipient or a provider who requests an expedited resolution or supports a recipient's expedited appeal.
F. The CSC shall provide an expedited resolution, if the request meets the definition of an expedited appeal, in response to an oral or written request from the recipient or provider on behalf of the recipient.
G. The CSC shall inform the recipient of the limited time available to present evidence and allegations in fact or law.
H. If the CSC denies a request for an expedited resolution of an appeal, it shall:
I. The CSC shall document in writing all oral requests for expedited resolution and shall maintain the documentation in the case file.