N.M. Admin. Code § 8.106.120.8

Current through Register Vol. 36, No. 1, January 14, 2025

Section 8.106.120.8 - REPORTING REQUIREMENTS

A. HCA responsibilities: The HCA shall inform the benefit group of its responsibility to report changes. Appropriate action shall be taken to determine if the change affects eligibility or benefit amount. The date the change is reported and the action taken shall be documented. In some circumstances the HCA shall request clarification during a certification period whenever information becomes known to the HCA indicating a possible change in a benefit group's circumstances that may affect eligibility or benefit amount. Circumstances that may require follow-up review include, but are not limited to:

(1) compliance with a contingency requirement by an adult with a determined disability;

(2) school attendance of children age six or older who are benefit group members;

(3) any other anticipated or reported change in circumstances that may affect eligibility or benefit amount during a certification period;

(4) the need for a disability review to determine if disability still exists.

B. Benefit group responsibilities at application: A benefit group must report all changes affecting eligibility and benefit amount that may have occurred since the date the application was filed and before the date of the interview. Changes occurring after the interview, but before the date of the approval notice, must be reported by the benefit group within 10 days of the date the change becomes known to the benefit group.

C. Set and variable term GA: Within 10 days of the date the change becomes known to the benefit group, a recipient of GA, shall be required to report the following changes:

(1) a benefit group's income in excess of eighty-five percent of federal poverty guidelines for size of the benefit group;

(2) a benefit group, or the HCA receives evidence that the eligible recipient has started receipt of SSI, OASDI or both;

(3) that the benefit group has moved from the state or intends to move from the state on a specific date;

(4) a benefit group requests closure; or

(5) the HCA receives documented evidence that the head of benefit group has died.

D. Responsibility to report: A benefit group must report changes within 10 days of the date a change becomes known to the benefit group.

(1) A financial change becomes known to the benefit group when the benefit group receives the first payment attributed to an income or resource change, or when the first payment is made for an allowable expense.

(2) A nonfinancial change, including but not limited to a change in benefit group composition or a change in address, becomes known to the benefit group on the date the change takes place.

(3) A change reported by the benefit group on the date the report of change is received by the local county office or, if mailed, the date of the postmark on the benefit group's report, plus three mailing days.

(4) In the absence of a written report, a 13-day notice of adverse action is required if the change will result in a reduction or termination of benefits.

E. Effective date of change: Changes to eligibility based on reported changes shall be effective pursuant to regulation at 8.106.630.9 NMAC.

N.M. Admin. Code § 8.106.120.8

8.106.120.8 NMAC - Rp, 8.106.120.8 NMAC, 12/1/2009, Adopted by New Mexico Register, Volume XXXV, Issue 12, June 25, 2024, eff. 7/1/2024