N.M. Code R. § 8.290.500.9

Current through Register Vol. 35, No. 11, June 11, 2024

Section 8.290.500.9 - NEED DETERMINATION

Eligibility for the home and community-based services waiver programs is always prospective. Applicants/recipients must meet, or expect to meet, all financial eligibility criteria in the month for which a determination of eligibility is made. Applicants for and recipients of medicaid through one of the waiver programs must apply for, and take all necessary steps to obtain, any income or resources to which they may be entitled. Such steps must be taken within 30 days of the date the human services department (HSD) furnishes notice of the potential entitlement.

A.Failure to apply for and take steps to determine eligibility for other benefits: Failure or refusal to apply for and take all necessary steps to determine eligibility for other benefits after notice is received results in an applicant/recipient becoming ineligible for medicaid.

B.Exceptions to general requirement: Applicants/recipients who have elected a lower VA payment do not need to reapply for veterans administration improved pension (VAIP) benefits. Crime victims are not required to accept victims compensation payments from a state-administered fund as a condition of medicaid eligibility.

N.M. Code R. § 8.290.500.9

2/1/95; 1/1/97; 8.290.500.9 NMAC - Rn, 8 NMAC 4.WAV.500, 5/1/02; A, 11/1/07