N.M. Admin. Code § 8.200.430.14

Current through Register Vol. 35, No. 17, September 10, 2024

Section 8.200.430.14 - ELIGIBLE RECIPIENT RESPONSIBILITY TO COOPERATE WITH ASSIGNMENT OF SUPPORT RIGHTS

A.Cooperation: As a condition of MAP eligibility, an applicant or an eligible recipient must cooperate with HSD to:

(1) obtain physical and behavioral health support and payments for his or herself and other individuals for whom he or she can legally assign rights;

(2) pursue liable third parties by identifying individuals and providing information to HSD;

(3) cooperate with CSED to establish paternity and medical support as appropriate, see 8.50.105.12 NMAC;

(4) appear at a state or local office designated by HSD to give information or evidence relevant to the case, appear as a witness at a court or other proceeding or give information or attest to lack of information, under penalty of perjury;

(5) refund HSD any money received for physical or behavioral health care that has already been paid; this includes payments received from insurance companies, personal injury settlements, and any other liable third party; and

(6) respond to the trauma inquiry letter that is mailed to an eligible recipient ( 42 CFR 433.138(4)); the letter asks an eligible recipient to provide more information about possible accidents, causes of accidents, and whether legal counsel has been obtained ( 42 CFR 433.147; 45 CFR 232.42, 232.43; NMSA 1978 27-2-28(G)(3)).

B.Good cause waiver of cooperation: The requirements for cooperation may be waived by HSD if it decides that the applicant or the eligible recipient has good cause for refusing to cooperate. Waivers can be obtained for cooperating with CSED. The applicant or the eligible recipient should request a good cause waiver from CSED per 8.50.105.14 NMAC.

C. Penalties for failure to cooperate:

(1) When the parent, the specified relative or legal guardian fails or refuses to cooperate, the parent or specified relative will not be eligible for MAD services. The eligible recipient child maintains MAP eligibility provided all other eligibility criteria are met.

(2) When the parent or the specified relative fails or refuses to refund payments received from insurance or other settlement sources, such as personal injury case awards, he or she is not eligible for MAD services for one year and until full restitution has been made to HSD. The eligible recipient child maintains MAP eligibility provided all other eligibility criteria are met.

N.M. Admin. Code § 8.200.430.14

8.200.430.14 NMAC - Rp, 8.200.430.14 NMAC, 1-1-14

Amended by New Mexico Register, Volume XXV, Issue 19, October 15, 2014, eff. 10/15/2014